Free Letter - District Court of Delaware - Delaware

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INCLUDING PROFESSIONAL DORPORATIONS
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(949) 451-sscc
www.gibsondunn.com
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March 1, 2006 A
VIA FACSIMILE n
Direct Dial Ghent No.
(949) 451-3967 T 92654-00006
Fax No.
A . (949) 475-4670
The Honorable Louis C. Bechtle
Special Master -
Conrad, O'Btie11, Gellman & Rohn, PC ‘
1515 Market Street, 16th Floor
Philadelphia, PA 191102- 1916
Re: McKess0n Informtztirm Solutions LLC v. The T riZett0 Group. Im:.
_, CZA. N0. 04-1258 (SLR) (D. Dal.)
Dear Judge Bechtle:
I write in response to Your Honor's requests set forth in Special Master Order No 8. I
First, I address Your Honors request for a half-page clariiication regarding the document
bearing control numbers beginning with MCKO52341. This is one of the documents that
McKesson produced and then demanded that TriZetto return as being privileged and
inadvertently produced. In O'l1I' letter to Your Honor dated December 28, 2005, we identified this
document as one that we believe is not privileged as it is a letter from McKesson's counsel to a
third party. The only issue with respect to this document's privileged status is whether it was
actually sent or is only an internal draft. T1·iZetto, of course, cannot answer this question. Order
No. 6 directed McKesson to provide a declaration and other information to assist Your Honor in
ruling on the claim of privilege. T1iZctto respectfully requests that Your Honor make a hnal
ruling with respect to this document and any attachments thereto.
Second, with respect to the documents identified as H and I in Order N0. 4, we appreciate I
Your Honors reiteration of Order No. 4's direction that they be produced. Our records indicate
that Mcliesson has not produced these docruznents because it has Withheld them subject to a
request for reconsideration. According to its letter dated February 2, 2006, McKesson attached
these documents to the declaration of Carolyn Wukitch submitted on January 5, 2006. We _
respectfully request that Your Honor clarify that Mcliesson must in fact produce these two
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MAR Gi N1 Z(géi§·l<2&HriR0EEpent 312-6 Filed O4/07/2006N igraiigie 2Pof 2/3
The Honorable Louis C. Bechtle
March 1, 2006
4 Page 2
documents. We apologize for any confusion that our earlier descriptions of these documents ·
may have caused.
Subj ect to the two issues discussed above, TriZetto has no other issues that require Your
I-Ionor's assistance. As such, While We will happily participate in an in-person hearing should
Your Honor deem it necessary, we do not think such a hearing is needed at this jimcture. We
appreciate Your Honor's continued assistance in bringing these matters to a elose.
Respectfully, /
Y I I ·
. //
, J e T. Thomas
JTT/jsk
303S6937_l.DOC
cc: Jack B. Blumenfeld, Esq.
Jeffrey G. Randall, Esq.
David W. Hansen, Esq.