Free Proposed Order - District Court of Delaware - Delaware

Case 1 :05-cv-00023-JJF Document 142 Filed O4/10/2008 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DOW CHEMICAL CANADA, INC. §
0n its own behalf and as assignee of §
THE DOW CHEMICAL COMPANY §
Plaintiff, §
§
v. § C.A. No. 05-23 (JJF)
§
HRD CORPORATION (d/b/a §
Marcus Oil & Chemical) §
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. §
ORDER
AND NOW, this day of , having considered HRD
CORPORATION’S EMERGENCY MOTION TO TAKE PHOTOGRAPHS AT ITS PLANT
INSPECTION, MOTION TO COMPEL PRODUCTION OF DOCUMENTS, MOTION TO RE-
INSPECT PLANT AND FOR SANCTIONS, and the response thereto,
It is hereby ORDERED that the Motion to Compel is GRANTED; and
It is hereby ORDERED that Dow Chemical Canada, Inc. and The Dow Chemical
Company shall produce documents responsive to HRD’s Request for the Production of
Documents to Dow in unredacted form on or before l0 days from the date of this order;
It is hereby ORDERED that Dow Chemical Canada, Inc. and The Dow Chemical
Company cease any activity related to dismantling the plant until HRD has conducted a second
inspection;

Case 1 :05-cv-00023-JJF Document 142 Filed 04/10/2008 Page 2 of 2
It is hereby ORDERED that HRD may conduct a second inspection of the Samia
plant after Dow has produced unredacted documents;
It is hereby ORDERED that HRD be allowed to freely photograph and videotape
the Sarnia plant at issue in this lawsuit;
It is hereby ORDERED that Dow produce a witness for oral deposition who can
testify about the demolition of the Sarnia plant including when the demolition began and the
status of the demolition in December 2007, January 2008, February 2008 and March 2008; and
It is hereby ORDERED that Dow Chemical Canada, Inc. and The Dow Chemical
Company shall pay the expenses of HRD CORPORATION associated with the present Motion
to Compel and any re-visit to the Plant.