Requests for Production of Documents. All requests for the production of documents must be served as of the date of the Administrative Conference as set forth in Paragraph 3.F., above. Within twenty (20) days after receipt of a request for documents, a party shall produce all relevant and non-privileged documents to the requesting party. In his or her discretion, the Presiding Arbitrator may require the parties to provide lists in such detail as is deemed appropriate of all documents as to which privilege is claimed and may further require in-camera inspection of the same.
Requests for Production of Documents. All requests for the production of documents must be served no later than five (5) days after the date of the Initial Conference. Within twenty (20) days after receipt of a request for production of documents, a party shall (a) serve responses and objections to the request, (b) produce all responsive, non-privileged documents to the requesting party, and (c) to the extent any responsive documents are withheld on the grounds of attorney-client privilege or work product, produce a log identifying such documents in the manner specified in Fed. R. Civ. P. 26(b)(5). If, after reviewing a privilege log, the requesting party believes attorney-client privilege or work product protection was improperly claimed by the producing party with respect to any document, the requesting party may ask the Presiding Arbitrator to conduct an in-camera inspection of the same. With respect to documentary and other discovery produced in any MDR proceeding by BCBSA, the fact that a party’s CEO or other senior officers may serve on the BCBSA Board of Directors, BCBSA Board Committees or other BCBSA work groups, task forces and the like, shall not be a basis for defeating an otherwise valid claim of attorney-client privilege or work product protection over such documentary or other discovery materials by BCBSA.
Requests for Production of Documents. All requests for the production of documents must be served no later than five (5) days after the date of the Initial Conference. Within twenty (20) days after receipt of a request for production of documents, a party shall (a) serve responses and objections to the request,
Requests for Production of Documents. In lieu of promulgating document requests and responses thereto pursuant to Federal Rule of Civil Procedure 34, and in an effort to expeditiously resolve or commence mediation of the Mansfield Claims, the Parties shall work together in good faith to identify and exchange documents relevant to the Mansfield Claims pursuant to the following schedule:
a. The Debtors shall, by March 28, 2018, provide the Parties with a proposed list of documents or categories of documents relating to the Mansfield Claims to be disclosed to the Parties, including the custodians of such documents (the “Diligence List”).
b. The Mansfield Parties, the Ad Hoc Noteholder Group, and the Committee (if it agrees to participate by such time) shall respond with additions to or comments on the Diligence List by April 10, 2018.
c. The Parties shall work in good faith, including by meeting and conferring as needed to resolve any objections to materials requested in connection with the Diligence List, to finalize the Diligence List by April 20, 2018; provided that the Diligence List may be reasonably supplemented after April 20, 2018 based on ongoing discovery.
d. The Parties shall exchange documents agreed upon in the Diligence List on a rolling basis, and will substantially complete their exchange of documents by July 15, 2018 or by a date as modified pursuant to paragraph 22 of this Stipulation and Protocol.
e. For the avoidance of doubt, nothing in this paragraph 12 shall preclude any of the Parties from seeking relief from the Bankruptcy Court with respect to the Diligence List, including without limitation any requests, responses, productions, or objections made in connection therewith, pursuant to paragraph 22 of this Stipulation and Protocol.
Requests for Production of Documents. Requests for Production of Documents shall not contain any instructions and shall not include any definitions other than shorthand expression of relevant parties, places or events. No document request shall contain multiple parts or subparts or consist of more than one sentence. Document requests shall be deemed to exclude documents that exist in electronic form only, including emails, on the date the document request is made; electronic discovery shall be conducted exclusively in accordance with Section 12. Document requests may seek categories of documents relevant and material to the case. The parties agree that each party shall be limited to the number of requests specified below:
10.3.2.1. Disputes up to $400,000: 7;
10.3.2.2. Disputes up to $1,000,000: 14;
10.3.2.3. Disputes up to $10,000,000: 21;
10.3.2.4. Disputes $10,000,000 or more: 28, plus any additional found by the ELA Arbitrator to be necessary to prepare for dispositive motion or trial.
