Free Motion for Protective Order - District Court of Delaware - Delaware

Case 1:04-cv-01258-SLR

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Filed 05/26/2005

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

McKESSON INFORMATION SOLUTIONS LLC, Plaintiff, Case No. 04-1258-SLR v. Honorable Sue L. Robinson THE TRIZETTO GROUP, INC. Defendant. _______________________________________/ Donna Hill Skadden, Arps, Slate, Meagher & Flom LLP Attorneys for Plaintiff 525 University Avenue, Ste. 1100 Palo Alto, CA 94301 (650) 470-4500 Thomas J. Allingham, II Michael A. Barlow Skadden, Arps, Slate, Meagher & Flom LLP Attorneys for Plaintiff One Rodney Square P.O. Box 636 Wilmington, DE 19899 (302) 651-3000 Joseph A. Fink (P13428) Kathleen A. Lang (P34695) Scott R. Knapp (P61041) Dickinson Wright PLLC Attorneys for Non-Party Blue Cross Blue Shield of Michigan 215 S. Washington Square, Ste. 200 Lansing, MI 48933 (517) 371-1730 Jack B. Blumenfeld Rodger Dallery Smith, II Morris, Nichols, Arsht & Tunnell Attorneys for Defendant 1201 North Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200

_______________________________________/ NON-PARTY BLUE CROSS BLUE SHIELD OF MICHIGAN'S MOTION FOR PROTECTIVE ORDER NOW COMES Blue Cross Blue Shield of Michigan ("BCBSM"), by and through its attorneys, Dickinson Wright PLLC, pursuant to Fed. R. Civ. P. 26(b) and (c), and for its captioned pleading states:

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1. 2.

BCBSM is not a party to this litigation. On or about April 22, 2005, Ms. Donna Hill, counsel for Plaintiff McKesson

Information Solutions LLC ("McKesson"), issued a "Subpoena in a Civil Case" (the "Subpoena") with respect to BCBSM. In accordance with D. Del. LR 37.1, the Subpoena is attached to this Motion as Exhibit A. All exhibits are located in the "Appendix" to this Motion. 3. Ms. Hill issued the Subpoena out of the U.S. District Court for the Eastern

District of Michigan, commanding BCBSM to produce and permit inspection and copying of certain documents at XACT, 535 Griswold Street #512, Detroit, Michigan 48226, on May 11, 2005 at 9:00 a.m. 4. Specifically, the Subpoena demands BCBSM to produce the following: a. All brochures, presentations, information packages, fact sheets, white papers, or other marketing or sales documents relating to Facets or any clinical editing or auditing component of Facets (e.g., PACE, ClinicaLogic). b. All documents relating to any communications with TriZetto relating to any clinical editing or auditing

component of Facets (e.g., PACE, ClinicaLogic ). c. All documents relating to any communications with TriZetto relating to the proposed or actual sale or license of Facets or any clinical editing or auditing component of Facets (e.g., PACE, ClinicaLogic). d. All documents relating to any communications with TriZetto relating to McKesson's ClaimCheck or

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CodeReview,

including,

the

use

of

McKesson's

ClaimCheck or CodeReview as the clinical editing or auditing component of Facets. e. All documents relating to any comparison communicated to or performed by you comparing (a) Facets or any clinical editing or auditing component of Facets (e.g., PACE, ClinicaLogic), with either (b) McKesson's ClaimCheck or CodeReview, (c) any other TriZetto Product, or (d) any other product, system, or service that is capable of, or includes a component capable of, performing clinical editing or auditing. f. Any analysis communicated to or performed by you regarding the integration of McKesson's ClaimCheck or CodeReview into Facets. g. All documents relating to the process or analysis you went through in deciding whether or not to purchase Facets, including the bases for and factors considered in making your decision. h. All documents relating to any communications with TriZetto relating to TriZetto's merger with Erisco or any product, system, or service that is capable of, or includes a component capable of, performing clinical editing or

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auditing that was offered by TriZetto after October 2000 (i.e., after completion of the Erisco merger). i. All documents relating to any communications with TriZetto relating to TriZetto's planned merger with IMS. j. All documents relating to any communications with TriZetto relating to this lawsuit or U.S. Patent No. 5,253,164. 5. As evidenced by the Affidavit of Michael T. Zajac (attached as Exhibit B), the

documents requested are, inter alia, ext remely voluminous and not centrally located, and the gathering and production of such documents would be prohibitively costly and unduly burdensome. Moreover, the discovery requested is not relevant to the instant litigation, is not reasonably calculated to lead to the discovery of admissible evidence, and is unreasonably cumulative or duplicative and/or obtainable from some other source that is more convenient, less burdensome, or less expensive. The burden or expense of the proposed discovery on BCBSM outweighs its likely benefit. In addition, certain of the requested documents are protected by the attorney-client privilege, the work product doctrine, and/or contain confidential business information, non-public proprietary information and/or financial information relating to BCBSM's business, technical or financial affairs. 6. As evidenced by the Affidavit of Scott R. Knapp (attached as Exhibit C), pursuant

to Fed. R. Civ. P. 26(c), BCBSM certifies that it has in good faith conferred with McKesson in an effort to resolve the dispute without court action.

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7.

Pursuant to Fed. R. Civ. P. 26(c), this Court "may make any order which justice

requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including . . . that the disclosure or discovery not be had." WHEREFORE, BCBSM respectfully requests that this Honorable Court grant its Motion for Protective Order and enter an order providing that discovery as to BCBSM, including the document requests that are the subject of the April 22, 2005 Subpoena in a Civil Case, "shall not be had," and/or providing other and further relief as is just and equitable. In addition, BCBSM requests that it be awarded its costs, including a reasonable attorney fee, incurred in seeking this protective order. The basis for this Motion is more fully set forth in the accompanying Brief in Support of Non-Party Blue Cross Blue Shield of Michigan's Motion for Protective Order, and the attached exhibits. Respectfully Submitted, DICKINSON WRIGHT PLLC

/s/ By: ____________________________ Joseph A. Fink (P13428) Kathleen A. Lang (P34695) Scott R. Knapp (P61041) Attorneys for Non-Party Blue Cross Blue Shield of Michigan 215 S. Washington Square, Suite 200 Lansing, MI 48933-1816 (517) 371-1730

Dated: May 25, 2005

LANSING 19276-96 358282v2

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