Groklaw: Friday’s Hearing – The Transcript as Text

[ Thanks to Joe
for this link. ]

“[MR. MARRIOTT:] As Your Honor knows the Court ordered S.C.O. by
January 12th to provide documents responsive to I.B.M. ‘s document
request and to provide full and detailed and complete answers to
I.B.M. ‘s interrogatories. There is I think no dispute, Your Honor,
that the S.C.O. Group has not provided all of the documents that
are responsive to I.B.M.’s discovery requests, and that is
reflected in correspondence between counsel which is an attachment
to our submission of yesterday.

“Most notably perhaps, Your Honor, is that the S.C.O. group has
acknowledged that it has yet to produce documents from
approximately 20 of the custodians of responsive documents, and to
date in the case it is my understanding, Your Honor, that the
company has produced documents from the files of only 20. So about
half of the custodians have yet to have their documents produced in
the litigation.

“So, yes, Your Honor, there is no question that additional
documents were produced. We do not dispute that. We appreciate
that. But as to whether or not the S.C.O. Group has complied with
the order I think the answer as to documents is that it did

“THE COURT: Assuming that I were to find that it had not, what
are you suggesting should occur?

“MR. MARRIOTT: I think what Your Honor should do in that regard
is to, in consultation with S.C.O., determine by what date I hope
in the reasonable and imminent future they can comply with the
request and order them to do that by that date…”


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