By Eric Schweibenz
On February 5, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 12 in Certain Two-Way Global Satellite Communication Devices, Systems, and Components Thereof (Inv. No. 337-TA-854).

According to the Order, Respondents DeLorme Publishing Company, Inc. and DeLorme InReach LLC (collectively, “Respondents”) filed a motion to compel Complainant BriarTek IP, Inc. (“BriarTek”).  Specifically, Respondents sought an order compelling BriarTek to re-produce emails together with their associated attachment(s).  Respondents asserted that BriarTek produced folders of emails and attachments that were separated from their respective emails.  This resulted in placing an unfair burden on Respondents, requiring them to go through all the documents trying to match-up the attachments with their respective emails. 

In opposition, BriarTek argued that its document production complied with Commission Rule 210.30(b) because the relevant documents were produced in folders corresponding to the documents requested.  Further, BriarTek asserted that Respondents’ request failed to comply with the ground rules because it failed to identify the specific document requests.  Lastly, BriarTek argued that Respondents’ document requests seek irrelevant information. 

The Commission Investigative Staff (“OUII”) supported the motion in part.  OUII agreed that BriarTek violated Commission Rule 210.30(b) by not keeping attachments with their associated emails.  Rather than requiring BriarTek to reproduce all the documents, OUII asserted that BriarTek should produce a chart correlating the emails with their respective attachments.

ALJ Rogers determined that BriarTek violated Commission Rule 210.30(b) by failing to keep emails and associated attachments together.  Specifically, ALJ Rogers stated that Commission Rule 210.30(b) “does not give BriarTek carte blanche to shuffle the responsive documents within these folders, especially given the number of emails and attachments placed within a single folder.”  ALJ Rogers agreed with OUII that that appropriate remedy is to require BriarTek to produce a chart correlating the emails with their respective attachments.  Accordingly, ALJ Rogers granted Respondents’ motion.