DEVELOPMENT: The Court GRANTS in Part and DENIES in Part Hardy's Motion to Compel!!
All:
New order uploaded to the docket. The Court granted and denied in part Hardy's Motion to Compel:
Here is the language of the order:
- "For the reasons stated in the Court's telephonic ruling of earlier today: (a) the motion is denied as to Interrogatories 1, 2, and 3 and granted in part as to Interrogatories 8 and 9; (b) the plaintiff is permitted to depose a corporate designee under Court of Chancery Rule 30(b)(6) on the topic of defendant's defenses; and (c) the application for an award of attorneys' fees and expenses is denied. "
Here is the order: https://ibb.co/jZqCzTc
Based on my review, the Court "split the baby." I'm still trying to analyze whether this was a bigger win for ATHX or Hardy.
Here's the breakdown:
- Court DENIED Hardy's request for Interrogatories 1, 2, and 3;
- I'm still trying to figure out which interrogatories that these are referencing, as they are not specifically indicated in the order. But I think I figured it out.
- Based on my review, these appear to be the "Chart Interrogatories" (#1-3), which related to the location of Company books and records to be inspected.
- Court GRANTED Hardy's requests for Interrogatories 8 and 9;
- Same as above.
- These appear to be the "Meetings Interrogatory," (#8) which required ATHX to identify "all meetings, formal or informal" of the Board and the Executive Committee and relevant information about those meetings, including meetings, minutes, and other materials.
- And the "Exclusion Interrogatories" (#9) where requires ATHX take on the laboring oar to identify and describe any books and records that ATHX contends should not be provided to Hardy.
- Court GRANTED Hardy's request to depose a corporate designee on topics related to ATHX's asserted defenses;
- We don't know who this will be yet.
- Court DENIED Hardy's request to depose Gil and Kola;
- If the company decides to designate Gil or Kola as a corporate designee for the "Person Most Knowledgable" 30(b)(6) deposition, they can still be deposed.
- However, I HIGHLY DOUBT the company would designate Gil or Kola after fighting so hard against it.
- Court DENIED Hardy's request for attorney's fees.
- This means the Court did not believe the ATHX had acted in bad faith to warrant the designation of attorney's fees.