United States District Court, S.D. New York
November 17, 2004.
Conti Zweite Cristallo Schiffarhrts Gmbh & Co. KG MS Contship France
PPG Industries, Inc. Contship Containerlines, Ltd. v. PPG Industries, Inc.
The opinion of the court was delivered by: LOUIS STANTON, District Judge
The issues raised by plaintiff Contship Containerlines, Ltd.'s
motion to compel discovery are disposed of as follows:
1. Assuming that e-mails, records or drafts relating to the
preparation of expert reports should have been kept, and may be
recoverable by a forensic examination of defendant's counsel's
computers, there is no evidence that counsel made any suggestions
of substantive significance, and there is no reasonable prospect
that undertaking such a search would yield a useful result.
2. The degree to which data is missing from spreadsheets is
disputed, and defendant does not explain the empty portions of a
column or two of the spreadsheet. On the other hand, plaintiffs
do not explain their apparent lack of inquiry into those matters
when taking Dr. Buechler's deposition. On balance, it is too near
trial (less than a week away) to compel further discovery, which
would inevitably be disruptive, on this point.
3. The other materials sought have satisfactorily been shown
impossible to fund, not to exist, or to have been already
Accordingly, the motion is denied.
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