PRINCE v. MICHELIN NORTH AMERICA, INC., (W.D.Mo. 2002)

FERNANDO J. GAITAN, Jr., United States District Judge

Pending before the Court are Plaintiff's Motion to Compel (Doc. No. 58) and Non-Party Michelin Americas Research and Development Corporation's Motion to Quash and for Protective Order. (Doc. No. 66). On December 18, 2002, the Court held a teleconference with all interested parties to the above pending motions. The Court rules as follows.

First, Plaintiff's Motion (Doc. No. 58) is GRANTED in the following manner and for the following reasons: "Under Fed.R.Civ.P. 34, control is the test with regard to the production of documents. Control is defined not only as possession, but as the legal right to obtain the documents requested upon demand." Searock v. Stripling, 736 F.2d 650 (11th Cir. 1984); Biben v. Card, 119 F.R.D. 421 (W.D.Mo. 1987). The record before the Court shows that defendant may obtain documents from Michelin Americas Research and Development Corporation upon demand. Therefore, defendant shall review and amend its answers to plaintiff's discovery requests to produce responses that include information previously cited as being out of the possession of defendant.

Further, documents requested by plaintiff not currently in the possession of defendant but in the possession of Michelin Americas Research and Development Corporation shall be produced to plaintiff. Defendant shall obtain the requested information from MARC and produce the information to plaintiff on or before January 9, 2003.

Second, Non-Party Michelin Americas Research and Development Corporation's (MARC) Motion to Quash and for Protective Order (Doc. No. 66) is GRANTED in PART in the following manner and for the following reasons: Pursuant to Federal Rules of Civil Procedure 26 45, plaintiff and MARC shall file with the Court a jointly proposed Protective Order on or before January 6, 2003. Further, plaintiff's subpoena served upon MARC is limited in scope to documents concerning tires produced by defendant that are the same or similar to Michelin Radial X tires for passenger cars. Further, the subpoena is limited in time to the period of two years prior to the production of the tire at issue to present. MARC shall produce said documents to plaintiff on or before January 9, 2003.

IT IS SO ORDERED.