Essay V is due at the beginning of class Wednesday. Make-up on Saturday morning, time and room TBD.
We continue with both parts of Discovery. Why impose the proportionality requirement? Think about how the exchange of discovery requests works. Think about how
the different discovery devices operate and some logical order in which
you might might employ different devices. How do the parties get the
court into a dispute and what are the different motions that can be
filed? How do parties enforce and resist discovery, how does the court become
involved, and how do disputes get resolved? Consider not only the
applicable rules, but also the discussion in Seattle Times. What are the consequences for ignoring discovery obligations?
Just read both sections of Discovery; we will not get to Summary Judgment until Saturday.
Then, be ready to discuss the following hypothetical, working through the arguments about discoverability, motions, and sanctions as attorney for both sides.
Coca-Cola Bottler ("Bottler") has a contract with Coca-Cola Co. ("Coke")
to produce and bottle "Coca-Cola." The formula for that drink is the
best-kept trade secret in American business; the written formula is kept
in a safe at corporate headquarters and only two people at any one time
have the combination. Under the contract, Bottler purchases the syrup
for Coca-Cola at an agreed-upon price, mixes it with carbonated water,
then bottles and ships it. Coke begins sending Bottler syrup for Diet
Coke, but charges twice the contractual price.
Bottler sues for breach of contract, alleging that Coke is obligated to
charge the same contract price for the Diet Coke syrup. During
discovery, Bottler wants to obtain production or inspection of the
formula for Coca-Cola.