UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

RECARO NORTH AMERICA, INC.,

Plaintiff, CIVIL ACTION NO. 09-12256

vs.

DISTRICT JUDGE MARIANNE O. BATTANI

HOLMBERGS CHILDSAFETY CO. MAGISTRATE JUDGE MONA K. MAJZOUB

LTD., et al.,

Defendants.

___________________________/

ORDER GRANTING IN PART PLAINTIFF’S MOTION TO COMPEL PRODUCTION

OF DOCUMENTS (DOCKET NO. 50)

This matter comes before the Court on Plaintiff’s Motion To Compel Production of

Documents. (Docket no. 50). Defendants filed a response. (Docket no. 62). Plaintiff filed a reply.

(Docket no. 67). The parties filed a Joint Statement of Resolved and Unresolved Issues. (Docket

no. 72). The motion has been referred to the undersigned for action pursuant to 28 U.S.C.

§ 636(b)(1)(A). (Docket no. 56). The Court heard oral argument on the motion on November 21,

2011. The motion is now ready for ruling.

On March 30, 2011 Plaintiff served its First Requests for Production of Documents, asking

among other things for all relevant correspondence regarding A-locks, including Defendants’

internal correspondence, correspondence with Global Products, Inc., and external communication

with Plaintiff and other suppliers. In the present motion Plaintiff argues that Defendants failed to

produce all relevant correspondence regarding the A-locks in response to their document requests. 

Plaintiff claims that they have evidence that Defendants’ production is deficient because they have

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in their possession correspondence with Defendants that Defendants themselves have not produced. 

It is Plaintiff’s belief that there must be a sizeable number of documents that Defendants have not

produced.

In their written motion Plaintiff argues that the following individuals may have relevant

documents but were not included in Defendants’ Rule 26(a) disclosures: Anders Sandell, Jan

Ludvigsson, Therese Wilson, Torbjorn Browall, Christer Gyberg, Betty Chan, Kwok Kei Fung, and

Cindy Yu. In addition, at the hearing on the instant motion, Plaintiff argued that Jan Gunnar

Ahlqvist, Per-Ola Nilsson, Per-Arno Johansson, Erik Yong, and F. Chan may also have relevant

information that has not been produced. Plaintiff further inquired whether Defendants searched for

responsive documents in Chinese. Plaintiff asks the Court to order Defendants to supplement their

Rule 26(a) disclosures to fully and accurately identify all individuals that were involved with the Alocks, search the non-electronic and electronic documents under the terms of the Electronic

Discovery Agreement for each individual named in the supplemental Rule 26(a) disclosures, and

produce all additional documents responsive to their First Requests for Production of Documents.

Defendants maintain that they have diligently searched for documents responsive to

Plaintiff’s discovery requests under the agreed upon search terms, and have produced all responsive

documents within their possession, custody, and control. Nevertheless, Defendants are cognizant

that additional responsive documents may have to be produced now that Plaintiff has filed a second

amended complaint naming a new Defendant.

The Court will order Defendants to supplement their Rule 26(a) disclosures to fully and

accurately identify all individuals that were involved with the A-locks. Defendants’ supplemental

disclosures should identify whether the following individuals have information relevant to this

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lawsuit: Anders Sandell, Jan Ludvigsson, Therese Wilson, Torbjorn Browall, Christer Gyberg, Betty

Chan, Kwok Kei Fung, Cindy Yu, Jan Gunnar Ahlqvist, Per-Ola Nilsson, Per-Arno Johansson, Erik

Yong, and F. Chan.

The Court will also order Defendants to amend their responses to Plaintiff’s First Requests

for Production of Documents. Defendants will be ordered to search the non-electronic and

electronic documents under the terms of the Electronic Discovery Agreement for each individual

named in their supplemental Rule 26(a) disclosures that has relevant information, and produce all

documents not previously produced that are responsive to Plaintiff’s First Requests for Production

of Documents. For every individual named in their supplemental disclosures, Defendants must state

in writing in their amended discovery responses that they have made a diligent, thorough search

applying the terms of the Electronic Discovery Agreement and the individual either does not have

responsive documents, or that Defendants have produced all responsive documents within their

possession, custody, or control.

IT IS THEREFORE ORDERED that Plaintiff’s Motion To Compel Production of

Documents (docket no. 50) is GRANTED IN PART as follows:

A. On or before December 2, 2011 Defendants must serve written supplemental Rule

26(a) disclosures accurately identifying all individuals that were involved with the

A-locks, and stating in particular whether the following individuals have information

relevant to this lawsuit: Anders Sandell, Jan Ludvigsson, Therese Wilson, Torbjorn

Browall, Christer Gyberg, Betty Chan, Kwok Kei Fung, Cindy Yu, Jan Gunnar

Ahlqvist, Per-Ola Nilsson, Per-Arno Johansson, Erik Yong, and F. Chan.

B. On or before December 14, 2011 Defendants must search the non-electronic and

electronic documents under the terms of the Electronic Discovery Agreement for

each individual named in their supplemental Rule 26(a) disclosures that has relevant

information, and produce all documents not previously produced that are responsive

to Plaintiff’s First Requests for Production of Documents.

C. Also on or before December 14, 2011 Defendants must serve amended responses to

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Plaintiff’s First Requests for Production of Documents, stating in writing for every

individual named in their supplemental disclosures that they have made a diligent,

thorough search applying the terms of the Electronic Discovery Agreement and the

individual either does not have documents responsive to Plaintiff’s First Requests for

Production of Documents, or that Defendants have produced all responsive

documents within their possession, custody, or control. Defendants must include a

statement disclosing whether they searched for responsive documents in Chinese and

if not, why not.

D. Plaintiff’s request for attorney fees and costs incurred in connection with this motion

is denied.

NOTICE TO THE PARTIES

Pursuant to Fed. R. Civ. P. 72(a), the parties have a period of fourteen days from the date of

this Order within which to file any written appeal to the District Judge as may be permissible under

28 U.S.C. § 636(b)(1).

Dated: 11/22/11 s/ Mona K. Majzoub 

MONA K. MAJZOUB

UNITED STATES MAGISTRATE JUDGE

PROOF OF SERVICE

I hereby certify that a copy of this Order was served upon Counsel of Record on this date.

Dated: 11/22/11 s/ Lisa C. Bartlett 

Case Manager

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