Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-01258-SLR Document 67 Filed 06/13/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
· FOR THE DISTRICT OF DELAWARE
MCKESSON INFORMATION SOLUTIONS )
LLC, ) CIVIL ACTION NO. 04-125 8-SLR
)
Plaintiff, )
I
v. 3
THE TRIZETTO GROUP, INC. g
Defendant. g
DECLARATION OF BERNARD SHEK IN SUPPORT OF PLAINTlFF’S
OPPOSITION TO NON-PARTY BLUE CROSS BLUE SHIELD OF
MICHIGAN’S MOTION FOR PROTECTIVE ORDER

Case 1:04-cv-01258-SLR Document 67 Filed 06/13/2005 Page 2 ot 3
I, Bernard Shek, declare as follows:
l. I am an associate with the firm Skadden, Arps, Slate, Meagher & Flom
LLP, counsel of record for plaintiff McKesson Information Solutions LLC (“McKesson")
in this case. I am personally familiar with the facts stated herein and, if called as a
witness, could competently testify thereto.
2. On April 22, 2005, McKesson issued a subpoena to Blue Cross Blue
Shield of Michigan ("BCBSM") in this matter ("the Subpoena"). Since issuing the
Subpoena, my colleague Donna Hill and I have communicated numerous times with in—
house and outside counsel for BCBSM to address BCBSM’s stated concerns with and
objections to the Subpoena. In response to BCBSl\/I’s specific concerns, we have offered
to narrow the scope of the requested documents and limit the sources of files to be
searched for those documents. Most recently, on June 2, 2005, I communicated by
telephone with BCBSM’s outside counsel, Scott Knapp, regarding a proposal to resolve
the pa1ties’ dispute regarding the Subpoena. This proposal is set forth in a letter dated
June 3, 2005, to Mr. Knapp, a copy of which is attached hereto as Exhibit A.
3. On June 6, 2005, Ireceived a voicemail message from Mr. Knapp stating
that BCBSM believed McKesson’s proposal was unduly burdensome and that BCBSM
would only produce documents beyond the T homers litigation documents if ordered by the
Court. That same day, I left a reply voicemail message for Mr. Knapp asking for an
explanation as to why BCBSM believed that McKesson’s proposal was unduly
burdensome. Mr. Knapp never responded to my message.
4. The proposal made to BCBSM that is reflected in Exhibit A is similar to
agreements reached between McKesson and three other entities subpoenaed in this case e
l

Case 1:04-cv-01258-SLR _Document 67 Filed 06/13/2005 Page 3 of 3
Capital BlueCross, Blue Cross of Idaho, and I·IealthNow New York (a/k/a Blue Cross -
Blue Shield of Western New York). Specifically, these other Blue Cross entities have
each agreed to produce the following documents from the Thomas litigation and from the
files of two employees primarily involved in the decision to purchase Facets:
(a) marketing and sales materials received from TriZetto, including any responses to
Requests for Proposals; (b) materials lrom any conferences held by TriZetto that
company representatives attended; (c) presentations and memoranda comprising the
cempany’s evaluation of whether to purchase Facets and/or any clinical editing or
auditing component of Facets, including any such documents that contain information
regarding the company’s evaluation of similar products offered by any other company
(eg., l\/IcKesson’s ClaimCheck); and (d) any documents relating to communications with
TriZette regarding this lawsuit or the asserted patent. l
I declare that the foregoing is true and correct under penalty ofperjury under the
laws of the United States and that this declaration was executed on June 13, 2005 at Palo
Alto, California. Q Q U
Bernard Sh
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