Free Notice (Other) - District Court of Delaware - Delaware

Case 1 :05-cv-00023-JJF Document 148 Filed O4/25/2008 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
DOW CHEMICAL CANADA INC. on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, )
)
Plaintiff, )
)
v. )
)
HRD CORPORATION (d/b/a Marcus Oil & )
Chemical) ) Case No. 05-023 (JJF)
)
Defendant, Counterclaim Plaintiff, )
)
v. )
)
DOW CHEMICAL CANADA INC., on its own )
behalf and as assignee of THE DOW CHEMICAL )
COMPANY, and THE DOW CHEMICAL )
COMPANY, )
)
Counterclaim Defendants. )
NOTICE OF COMPLIANCE WITH THE COURT’S JANUARY 17, 2008
ORDER COMPELLING DOW TO PROVIDE
SPECIFIC EXPLANATIONS FOR REDACTIONS
Aaron A. Barlow Kenneth J. Nachbar (#2067)
J ENNER & BLOCK LLP Samuel T. Hirzel (#4415)
330 N. Wabash Ave. Justin B. Shane (#4912)
Chicago, IL 60611 MORRIS, NICHOLS, ARSHT &
(312) 222-9350 TUNNELL LLP
1201 N. Market Street
Wilmington, DE 19899-1347
Andrew Weissmann (302) 658-9200
Katya J estin Attorneys for Plaintiff
J ENNER & BLOCK LLP The Dow Chemical Company
919 Third Avenue
37th Floor
New York, NY 10022-3908
(212) 891-1600
Dated: April 25, 2008

Case 1:O5—cv—OOO23-JJF Document 148 Filed O4/25/2008 Page 2 of 3
1. The Dow Chemical Company ("Dow") submits this Notice to advise the Court of
its compliance with the Court’s Order of January 17, 2008.
2. Specifically, the Court ordered: "Within 90 days of this order, Dow shall submit
specific explanations to HRD, on a page by page basis, for the redactions in the documents it has
already disclosed and for any future redactions it makes in documents still to be disclosed." (Ex.
1). Dow was thus required to comply with this Order by April 16, 2008.
3. To date, Dow has produced over 20,000 documents in response to HRD
Corporation’s ("HRD’s") discovery demands in this case. Prior to the Court’s Order, no more
than approximately twenty-four percent of the documents produced by Dow contained redacted
material. As of today’s date, no more than eight percent of the pages produced by Dow contain
any redactions.
4. In compliance with the Court’s Order, and well in advance of the Court’s
deadline, on March 24, 2008 Dow provided HRD with a detailed Redaction Key and
accompanying log that, on a page by page basis, specifies a reason for each and every redaction
in the documents produced by Dow. (Ex. 2).
5. In addition, Dow provided HRD with a Redaction Key and log specifying the
reason for each and every redaction for the documents it produced subsequent to the Court’s
Order, on April 4, 2008, April 11, 2008 and April 18, 2008. (Ex. 3-5).
6. Further, in light of the Court’s Order, and in a good faith effort to avoid additional
litigation over the documents, Dow unredacted 1,879 documents and subsequently produced
them in an unredacted form to HRD on March 7, 2008 and March 21, 2008. Further, Dow
partially unredacted an additional 1,206 documents and produced them to HRD on March 21,
2008.
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Case 1:O5—cv—OOO23-JJF Document 148 Filed O4/25/2008 Page 3 of 3
7. Finally, for any remaining redactions challenged by HRD, Dow has offered to
provide an in camera review of the documents, along with a Dow expert, to support the propriety
of such redactions by the Court.
OF COUNSEL: MORRIS, NICHOLS, ARSHT & TUNNELL
LLP
Aaron A. Barlow
JENNER & BLOCK LLP By: @4
330 N. Wabash Ave. Kenneth J. Nach ar (#2067)
Chicago, IL 60611 Samuel T. Hirzel (#4415)
(312) 222-9350 Justin B. Shane (#4912)
1201 N. Market Street
Wilmington, DE 19899-1347
Andrew Weissmann (302) 658-9200
Katya Jestin Attorneys for Plaintiff
J ENNER & BLOCK LLP The Dow Chemical Company
919 Third Avenue
37th Floor
New York, NY 10022-3908
(212) 891-1600
Dated: April 25, 2008
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