Date: 2010-12-21. Docket: 07-33078. M. D. Parayeski J. | Link

Motion to determine the terms of a discovery plan. Plaintiff claims damages for breach of fiduciary duty by the defendants. The court heard an argument on proportionality with respect to documentary disclosure. The court found that “[i]n order to succeed on that basis, however, a party must present cogent evidence to show that the evidentiary value of the new information or documents being sought is eclipsed by the cost of eliciting it or them.  That is not done simply by invoking the concept of proportionality in the abstract, as has been done here.” The documents which appear to be relevant upon the pleadings were ordered to be produced, while the documents of marginal or minimal relevance did not have to be produced.