|SUNBEAM PRODUCTS, INC.,||)|
|a Delaware corporation,||)|
|)||Magistrate Judge Keys|
|AMERICAN MEDICAL ASSOCIATION,||)|
|an Illinois corporation,||)|
|ASSOCIATION OF AMERICAN||)|
|PHYSICIANS & SURGEONS, INC.,||)|
Plaintiff Sunbeam Products, Inc. ("Sunbeam") and defendant American Medical Association ("AMA"), by their respective attorneys, jointly submit this report to the Court regarding their intention to return to each other copies of documents obtained in pre-trial discovery.
1. Sunbeam and the AMA intend to return to each other copies of each other's documents produced during discovery in this case -- a course of action which they had intended (and stipulated to under the Stipulated Protective Order Governing Confidentiality ("Confidentiality Order")) all along. In other words, the AMA will return its copies of Sunbeam's documents to Sunbeam, and Sunbeam will return its copies of the AMA's documents to the AMA.
2. While neither party believes that their private arrangement to return copies of documents is prohibited by this Court's order dated November 3, 1998 ("November 3 Order") or by any other order, case, rule or statute, they wish to keep the Court apprised of their intentions. The parties will, of course, also abide by their ethical obligations, to the extent applicable, to preserve the originals of their own documents.
4. Sunbeam and the AMA have decided to return documents to each other for three reasons. First, they have intended to do so from virtually the beginning of the lawsuit. Second, neither party should be or wants to be responsible for retaining or protecting the other party's documents. Third, both parties want to avoid becoming ensnared in any potential disputes over the other party's documents.
5. In short, neither the November 3 Order nor any other legal requirement prohibits Sunbeam or the AMA from returning each other's documents.
SUNBEAM PRODUCTS, INC. AMERICAN MEDICAL ASSOCIATION