United States District Court, N.D. Illinois
January 16, 2004.
INTERLEASE AVIATION INVESTORS (ALOHA) L.L.C., an Illinois Limited Liability Company, INTERLEASE AVIATION INVESTORS (TACA) L.L.C., an Iowa Limited Liability Company, and MIMI LEASING CORP., an Iowa Limited Liability Company, Plaintiffs,
VANGUARD AIRLINES, INC., a Delaware Corporation; PEGASUS AVIATION, INC., a Foreign Corporation; VANGUARD ACQUISITION COMPANY; AIRLINE INVESTMENTS, INC.; SEABURY GROUP, LLC, a New York Limited Liability Company; and RICHARD S. WILEY, Defendants
The opinion of the court was delivered by: EDWARD BOBRICK, Magistrate Judge
This matter came before the court on Plaintiffs' Motion to Compel
filed December 31, 2003, the court orders as follows:
Plaintiffs' Motion to Compel (Plaintiffs' Motion) is granted in part
and denied in part as stated below:
1. Plaintiffs' Motion is granted in part and denied in part with
respect to Request Nos. 1 and 2 of Plaintiffs' Third Request for
Production of Documents. Defendants will only be required to produce
documents reflecting the sale or purchase of a Boeing 737 aircraft by
defendant Pegasus Aviation, Inc. that occurred between January of 2001
and December of 2002. Such documents will be produced with an "Attorneys'
Eyes Only" designation under the Protective Order entered on January 23,
Notwithstanding that designation, plaintiff's counsel will not reveal
these documents to Monica Carroll without providing prior written notice
to defendants' counsel. Such notice shall be provided to defendants'
counsel at least seven business days before any such disclosure.
Should plaintiffs' expert or experts utilize the information contained
in these documents, they will do so without revealing the source of the
information. Any reference to the information in papers filed by
plaintiffs or plaintiffs' experts will be accompanied by a footnote
stating that the parties stipulate to the authenticity of the
information. The defendants' motion is denied in all other respects.
2. Plaintiffs' Motion is denied with respect to compelling defendants
to produce a 30(b)(6) witness pursuant to plaintiffs' December 3, 2003
Notice of Deposition. Defendants will, by January 23, 2004, produce
printouts of the directory structures of Vanguard related documents
downloaded from their document file servers.
3. Plaintiffs' Motion is denied with respect to Request Nos. 20, 34,
38, and 40 of Plaintiffs' Second Request for Production of Documents the
parties agreeing that the issues are moot.
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