Judge Denies WGA’s Motion To Compel Big 3 Agencies To Expand Discovery In Packaging-Fees Fight

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Judge Denies WGA’s Motion To Compel Big 3 Agencies To Expand Discovery In Packaging-Fees Fight
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A federal judge today denied the WGA’s motion to compel the Big 3 talent agencies to produce more documents than they’d originally agreed to turn over in their ongoing legal battle over packaging f…

— though they didn’t get away cleanly: U.S. Magistrate Alexander MacKinnon, who’s overseeing the discovery portion of the case, admonishing them for “backtracking” on an earlier stipulation about the number of documents they’d already agreed to produce.

The two sides had submitted briefs about the scope of discovery only hours after U.S. District Court Judge Andre Birotte Jr.on April 27, including claims for federal price-fixing, racketeering and group boycott, but the agencies later said that those briefs had been drafted before that ruling and did not fully take into account the “eleventh hour” import of his decision.

The agencies each had agreed initially to search the files of 15 current and former executives and agents for documents relevant to their packaging fees, with the WGA arguing that each agency should have to search the files of at least 50 current and former executives and agents. In today’s order, MacKinnon ruled that the agencies “can proceed according to their own search plan if they are prepared to defend that plan if later challenged” by the guild. “The Court concludes that the parties’ joint stipulation and supplemental briefs do not present issues that are ripe for determination,” he said, adding “the Court will not at this time attempt to choose the number of custodians to be searched” by the agencies.

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