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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

FORD MOTOR COMPANY, 

 Plaintiff, Case No. 15-cv-10628 

 Hon. Matthew F. Leitman 

v. 

VERSATA SOFTWARE, INC. et al.

 Defendants. 

_________________________________/ 

ORDER GRANTING IN PART AND GRANTING IN PART PLAINTIFF 

FORD MOTOR COMPANY’S EMERGENCY MOTION FOR 

PROTECTIVE ORDER (ECF #19) 

 The parties having come before the Court on Plaintiff Ford Motor 

Company’s Emergency Motion for Protective Order (see the “Motion,” ECF #19), 

and the Court having heard oral argument from the parties on July 2, 2015, IT IS 

HEREBY ORDERED that the Motion is GRANTED IN PART AND DENIED 

IN PART as follows: 

 1. If and to the extent Defendant Versata Software, Inc. (“Versata”) (or 

any of its agents) desires to interview any individuals not employed by Ford Motor 

Company (“Ford”) who performed work for Ford on matters related to this 

litigation, Versata (or its agents) shall send the potential interviewee a letter stating 

its desire to conduct the interview and asking the potential interviewee if he or she 

agrees to be interviewed. Such a letter shall be delivered to the potential 

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interviewee not less than four business days before any proposed interview. The 

letter shall also: 

 a. Inform the interviewee that there is an on-going dispute 

between Versata and Ford; 

 b. Identify the author of the letter and whom the author represents; 

 c. Inform the interviewee that any interview is strictly voluntary 

and that the interviewee is free to consult with counsel prior to the interview and/or 

have counsel or other representation present during any interview; 

 d. Instruct the interviewee that if he or she is an employee of Ford, 

that he or she should not agree to an interview; and 

 e. Instruct the interviewee not to disclose any confidential 

information about Ford during any agreed-upon interview. 

 2. If and to the extent Ford (or any of its agents) desires to interview any 

individuals not employed by Versata who performed work for Versata on matters 

related to this litigation, Ford (or its agents) shall send a letter to the potential 

interviewee stating its desire to conduct the interview and asking the potential 

interviewee if he or she agrees to be interviewed. Such a letter shall be delivered 

to the potential interviewee not less than four business days before any proposed 

interview. The letter shall also: 

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 a. Inform the interviewee that there is an on-going dispute 

between Versata and Ford; 

 b. Identify the author of the letter and whom the author represents; 

 c. Inform the interviewee that any interview is strictly voluntary 

and that the interviewee is free to consult with counsel prior to the interview and/or 

have counsel or other representation present during any interview; 

 d. Instruct the interviewee that if he or she is an employee of 

Versata, that he or she should not agree to an interview; and 

 e. Instruct the interviewee not to disclose any confidential 

information about Versata during any agreed-upon interview. 

 3. The Court does not intend the entry of this Order to be used, by any 

party, as either support for, or opposition to, any motion currently pending in 

Versata Development Group, Inc. et al. v. Ford Motor Company, 15-cv-00316 

(E.D. Tex. 2015). 

IT IS SO ORDERED. 

       s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

Dated: July 2, 2015 UNITED STATES DISTRICT JUDGE 

 

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I hereby certify that a copy of the foregoing document was served upon the parties 

and/or counsel of record on July 2, 2015, by electronic means and/or ordinary mail. 

 s/Holly A. Monda 

 Case Manager 

 (313) 234-5113

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