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Franklin Fueling Systems, Inc. v. Veeder-Root Co.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 8, 2010

FRANKLIN FUELING SYSTEMS, INC., PLAINTIFF,
v.
VEEDER-ROOT COMPANY, DEFENDANT.

ORDER

Plaintiff's motion to compel came on regularly for hearing June 3, 2010. Seth Hilton appeared for plaintiff. Bryan Wilson, appearing telephonically and pro hac vice, and Bradley Benbrook appeared for defendant Veeder-Root Company. Upon review of the motion and the joint statement re discovery disagreement, upon hearing the arguments of counsel and good cause appearing therefor, the court finds that the defendant has met its burden in showing that the document at issue was appropriately designated as "Attorneys' Eyes Only."

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's May 6, 2010 motion is denied;

2. It appears to the court that the positions of both parties were substantially justified and no award of expenses will be made.

20100608

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