1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WARRIOR S P O R T S , IN C ., Case No.: 09-cv-12102

 Hon. Gerald E. Rosen

 Magistrate Judge Mark A. Randon

Plaintiff/Counter-Defendant,

-vsDICKINSON WRIGHT, P.L.L.C., a Michigan 

Professional Limited Liability Company,

Defendant/Counter-Plaintiff

ORDER GRANTING IN PART AND DENYING IN PART 

DICKINSON WRIGHT PLLC’S MOTION TO COMPEL NON-PARTY

WARNER NORCROSS & JUDD TO COMPLY WITH SUBPOENA

Dickinson Wright PLLC's Motion to Compel Non-Party Warner Norcross & Judd to Comply with

Subpoena, Warner Norcross & Judd’s brief in opposition, and Dickinson Wright’s reply having been read

and filed in this cause, and the motion having come before the Court for oral argument on the record on

February 9, 2012, and the Court being otherwise advised in the premises;

IT IS HEREBY ORDERED AND ADJUDGED that Dickinson Wright PLLC’s Motion is

GRANTED in part for the reasons stated on the record, and in particular as follows:

IT IS ORDERED that Non-Party Warner Norcross & Judd (“WNJ”) shall, in compliance with

Dickinson Wright PLLC’s (“DW”) November 10, 2011 Subpoena to Produce Documents, Information

or Objects or to Permit Inspection of Premises in a Civil Action, produce any and all memoranda,

research memorandum, email, correspondence, or any other form of writing containing or reflecting analysis

related in any manner to any aspect of WNJ’s advice to Warrior regarding settling or the settlement of the

2:09-cv-12102-GER-MAR Doc # 106 Filed 03/09/12 Pg 1 of 3 Pg ID 1690
STX litigation, including those matters pertaining to the ‘216 patent to the extent they relate to settling the

STX litigation, regardless of whether relied upon by WNJ counsel. Matters unrelated to these areas but

contained with the documents may be redacted;

IT IS FURTHER ORDERED that should WNJ be unable to decide whether a particular document

is responsive it may submit those limited items to the Court for in camera review prior to production;

IT IS FURTHER ORDERED that any and all electronically stored information (“ESI”), shall be

produced as single-page TIFFs with a load file;

IT IS FURTHER ORDERED that the records produced pursuant to this order shall be for the time

period inclusive of January 1, 2008 through October 31, 2008;

IT IS FURTHER ORDERED that WNJ shall bear all costs associated with production;

IT IS FURTHER ORDERED that the records/documents produced in response to DW’s subpoena

shall be delivered on or before March 9, 2012, to Garan Lucow Miller, P.C., c/o Timothy J. Jordan, 1000

Woodbridge, Detroit, Michigan, 48207-3108;

IT IS FURTHER ORDERED that WNJ shall produce the billing records for James Romzek and

Gregory Bondarenko issued to Warrior as related to settling the STX litigation, including the ‘216 patent to

the extent those mattersrelated to the settlement analysis, regardless of whetherrelied upon by WNJ counsel.

The billing rate and dollar amounts billed may be redacted;

IT IS FURTHER ORDERED that the balance of DW’s Motion to Compel is DENIED. 

This Order is subject to Fed. R. Civ. P. 72 and L.R. 72.2.

s/Mark A. Randon 

 MARK A. RANDON

UNITED STATES MAGISTRATE JUDGE

Dated: March 9, 2012

Certificate of Service

I hereby certify that a copy of the foregoing document was served on the parties of record on this date,

March 9, 2012, by electronic and/or first class U.S. mail.

s/Melody R. Miles 

Case Manager to Magistrate Judge Mark A. Randon

(313) 234-5542

2:09-cv-12102-GER-MAR Doc # 106 Filed 03/09/12 Pg 2 of 3 Pg ID 1691
w/consent Jonathan E. Moore

JONATHAN E. MOORE (P70465)

WARNER NORCROSS & JUDD LLP

900 Fifth Third Center

111 Lyon Street N.W.

Grand Rapids, Michigan 49503-2487

/s/Timothy J. Jordan

JOHN E. McSORLEY (P17557)

TIMOTHY J. JORDAN (P46098)

Counsel for Dickinson Wright

1000 Woodbridge Street

Detroit, Michigan 48207

(313) 446-5531

tjordan@garanlucow.com

1006379

2:09-cv-12102-GER-MAR Doc # 106 Filed 03/09/12 Pg 3 of 3 Pg ID 1692