Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01258-SLR Document 312 Filed O4/07/2006 Page 1 of 2
SKADDEN, ARR6, SLATE, MEAGHER at F|.0M LLP
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Apnr 7, 2006
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VIENNA
By Electronic Filing
The Honorable Sue L. Robinson
United States District Court
844 King Street
Wihnington, DE 19801
RE: McKesson Information Solutions LLC v. The T riZetto Group, Inc.,
C.A. No. 04-1258 (SLR) (D. Del.)
Dear Chief Judge Robinson:
This is in response to Rodger Smith’s letter to the Court yesterday (D.I. 308) and
TriZetto’s counsel’s incorrect statements during the pretrial conference this week that
McKesson has not complied with the December 29, 2005 letter from Judge Bechtle attached
to Mr. Smith’s letter.
TriZetto’s counsel stated during the conference that they intended to submit Judge
Bechtle’s letter so that Your Honor could "have the whole package." See 4/5/06 Tr. at 88
(D.I. 311). TriZetto’s "package,” however, omits the most pertinent events, all of which
occurred after December 29:
• By letter dated January 6, 2006, Judge Bechtle expressed "appreciation" for
McKesson’s follow up efforts and ordered T riZett0 to also review its privilege log.
[(See Exh. A attached) ("TriZetto’s counsel [should] review the materials on its
privilege logs").]
• The parties thereafter agreed to exchange revised privilege logs on February 13, 2006.
• TriZetto’s counsel’s statement at the hearing that they have not "received anything
else" since Judge Becht1e’s December 29 letter is simply untrue. See Tr. at 87.
McKesson produced a number of additional documents &om its log to 'l`riZetto on
February 13. (See Exh. B attached; letter to Jeffrey T. Thomas, Esq.) T1·iZetto also

Case 1:04-cv-01258-SLR Document 312 Filed O4/07/2006 Page 2 of 2
The Honorable Sue L. Robinson
United States District Court
April 7, 2006
Page 2
produced a number of additional documents from its log that McKesson received on
that date. (See Exh. C attached.)
• Ten days after this exchange (February 23) TriZetto wrote Judge Bechtle "to request
ruling on the few issues that remain outstanding." (See Exh. D attached.) TriZetto
closed by stating that resolution of these "few outstanding issues" "should bring to a
close the disputes regarding document production." T1iZetto did not even suggest
that there were any issues concerning McKess0n’s revised privilege log.
• TriZett0 again wrote Judge Bechtle on March l raising two discrete issues. (See Exh.
E attached.) One of these issues has since been resolved; the other is a subject of
McKesson’s reconsideration motion. TriZetto represented to Judge Bechtle that
"[s]ubj ect to the two issues discussed above, T riZetto has no other issues that require
Your Honor’s assistance." Again, TriZetto did not even suggest that there were
issues with McKess0n’s revised privilege log.
TriZetto’s statements concerning McKesson’s privilege log are therefore incorrect and
should be rejected by the Court.
Respectfully submitted,
/s/ Michael A. Barlow
Michael A. Barlow (I.D. No. 3928)
Attachments
cc: Jack B. Blumenfeld (By E-Filing)
Rodger D. Smith H (By E-Filing)
Jeffrey T. Thomas (By E—Mail)