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Judge Andrews draws distinction between “ability to access” and “control of” documents.

In a recent Memorandum Order, Judge Richard G. Andrews drew a distinction between the “ability to access” documents and “control of” documents in denying a motion to compel.  TQ Delta LLC v. Pace PLC, et al., C.A. No. 13-1835-RGA (D. Del. Sept. 28, 2015).  Judge Andrews explained that the defendants and Broadcom (the entity with actual control of the documents at issue) are “unrelated, independent corporations” and explained that NDAs between Broadcom and the defendants “appear to keep all legal rights to the specifications and documents with Broadcom.”  Judge Andrews added, “I think there is a difference between having the present ability to access the items and having control of the items.  Plaintiff’s request is denied.”

 

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