Free Letter - District Court of Delaware - Delaware

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February 23, 2006
VIA FACSIMILE
Direct Did , Client No.
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The Honorable Louis C. Bechtle -
Special Master
Conrad, O'Brien, Gellman & Rohn, PC
1515 Market Street, 16th Floor
Philadelphia, PA 191102-1916
Re: McKess0n Infomation Solutions LLC v. {Ure TfiZett0 Group, Inc. _
CA. No. 04-1258 (SLR) (D. Del.)
Dear Judge Bechtle: ‘ _
I Write to request Your Honors ruling on the few issues that remain outstanding.
First, there are two documents, bearing Control Nos. MCKO30145 -46 and MCK034150-
52, which TriZetto brought to Your Honor‘s attention in its letter dated January 18, 2006.
Mcliesson originally produced unredacted copies of these documents, and TriZetto marked them
as Exhibits 58 and 75 during the deposition of Carolyn Wukitch. Mcliesson, claiming that the
documents were inadvertently produced, objected to their use at the deposition. McKLesson later
produced the documents with various redactions. Because McKesson's redactions concealed text
that was clearly not privileged, '1`riZetto in its January 18 letter requested that Your Honor order
McKesson to again produce unredacted copies. McKesson's letter of January 26, 2006, stated V
that its ongoing review of its privilege log included a review of these documents, so "there is no
reason for Your Honor to address those specific documents." McKesson has now made a
supplemental production pursuant to a review of its privilege log, but has not produced
unredacted copies of these two documents. Accordingly, TtiZetto respectfully requests that
Your Honor order Mcliesson to immediately produce unredacted copies. The documents as
marked as deposition exhibits and in their redacted form are attached hereto as Exhibits A
through D. `
Second, there has been no ruling with respect to one of the documents that TriZetto
identified as improperly reclacted in its letter dated December 28, 2005. Special Master Order -
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FEB. 23. 2006 5:46PM GD&C OC ‘ _ NO. 4413 P. 3/l7
GI§§(sj\1£)4]w[\(?t&2Eéiu'§lI1%HEi2q4LLrigent 312-5 Filed O4/07/2006 Page 2 of 2
The Honorable Louis C. Bechtle .
February 23, 2006
‘ Page 2 _
No. 6 ("Order No. 6") reserved judgment on the document bearing control numbers starting with
MCK052341, designated Item "E." Order No. 7 makes no ruling with respect to this document.
TriZetto respectfully requests that Your Honor make a final ruling and order the document `
produced. · `
Special Master Order No. 4 ("Order No. 4) made rulings on specific entries from
McKesson's privilege log. Mcliesson has requested that Your Honor reconsider your rulings on
anumber ofthe entries and made an ex parte submission of declarations on January 5, 2006, in
support of that request. Your Honor has not ruled on a few of these documents, speciiically
t . those designated Items "J" and "H" in Order No. 4. T1iZetto respectfully requests that Yom
Honor order Mcliesson to produce these documents. Further-, McKesson's use of expanse
declarations and submissions has hindered TriZetto‘s ability to cogently address, and in some
cases even identify, the documents described by McKesson's privilege 10 g. McKesson’s
January 25, 2006, letter asserts that the document described on its privilege log as "The Second
Item on Page 163 of l70," designated Item "I" in Order No. 4, is a one-page document that has
been produced in its entirety. The text of the entry on the privilege log is "File Containing Patent
Enforcement Infonnation." '1`riZetto requests that Mcliesson identify this document so that we
may verify its production. · '
The rulings requested herein should bring to a close the disputes regarding document
production. We appreciate Your Honor’s continued assistance.
Respectfully, /
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· . Je . Thomas
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Attachment(s) p »
cc/att: Jack B. Blumenfeld, Esq. t
Jeffrey G. Randall, Esq.
David W. Hansen, Esq.