United States District Court, N.D. Illinois, Eastern Division
November 10, 2004.
NORTH AVENUE AUTO, INC. d/b/a GRAND HONDA, Plaintiff,
AMERICAN HONDA MOTOR CO., INC. a California corporation, Defendant.
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
Both plaintiff and defendant seek substantial additional
information that the party possessing the information refuses to
provide. Since the various discovery motions have been filed some
of the requested information has been provided, but not to the
satisfaction of either party. For example, if plaintiff does not
have, and never has had, any documentation or films of visits to
other dealers other than the materials it has already produced,
it should say so under oath. If it had some additional materials
of that nature but cannot now locate them, it should say so under
In other instances the parties seek to impress upon this
lawsuit their respective notions of what the issues should be.
But that is premature. To the extent that information is readily
available, such as far more financial information about
plaintiff's finances and what lawsuits there might be in which a
dealer has charged defendant with failure to allocate vehicles
fairly, it should be produced. But the details of all that are
many and, given the resistance of both parties to further
disclosure, we think it best for Magistrate Judge Levin to sort
out not only the motions but also future discovery as well. We refer the
discovery in this case to Judge Levin.
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