Free Order on Motion to Quash - District Court of Delaware - Delaware

Case 1:04-cv-01264-SLB Document 363 Filed O1/10/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BTG INTERNATIONAL INC., )
Plaintiff, g
v. g Civ. No. 04-1264-SLR
AMAZON.COM INC., AMAZON ;
SERVICES INC., NETFLIX INC., )
BARNESANDNOBLE.COM INC., and )
OVERSTOCK.COM, INC., )
Defendants. g
O R D E R
At Wilmington this I0“ day of January, having reviewed
various discovery disputes between the above referenced parties;
IT IS ORDERED that:
l. Defendant Overstock.com's motion to quash
plaintiffs’ notice of depositions of Patrick Byrne and Jonathan
E. Johnson, III and motion for protection (D.I. 3l2) is granted
as to Mr. Byrne and denied as to Mr. Johnson, who will be subject
to a deposition of no more than two (2) hours.
2. Plaintiff’s motion for leave to be heard and for
clarification regarding the court’s December 2, 2005 order (D.I.
336) is granted. Having reviewed the merits of the dispute over
the Tucows’ documents, the court agrees that Tucows took
reasonable measures to preserve the confidentiality of its
documents at the King of Prussia facility. Therefore, the

Case 1:04-cv-01264-SLR Document 363 Filed O1/10/2006 Page 2 of 2
documents need not be turned over to defendants at this time.l
However, given the fact that these documents are privileged only
by virtue of the asserted “common interest" privilege, which has
not been tested, the court will allow defendants to brief why the
common interest privilege does not apply to the Tucows documents
logged by plaintiff.
3. Having conducted my in camera review of the
submitted documents, I find the following to be privileged:
Bates numbers BTGPV 007l3l—34, 008343-5l, 0ll357-58, 006204,
00620609, 006443—45,006480—82, 007386-88, 007954-55, 008537-38,
008942-85. The remaining documents shall be produced.
ll am satisfied that plaintiff investigated this matter is
good faith.
2