IN RE AUCTION HOUSES ANTITRUST LITIGATION
196 F.R.D. 444 (2000)
NATURE OF THE CASE: This was a consolidated antitrust litigation. D, the former chairman
of an auction house, sought an order compelling another defendant, a different auction
house, to respond to interrogatories seeking details concerning handwritten notes from the
files of its former chief executive officer.
FACTS: Christie's has produced handwritten notes from the files of its former chief
executive officer, Christopher Davidge (the 'Davidge Documents'), which apparently are
important evidence of the alleged conspiracy. Defendant A. Alfred Taubman, former chairman
of Sotheby's, served interrogatories on Christie's by which it sought a great many details
concerning the Davidge Documents, including such details as their authors, the meaning of
abbreviations used in them, the antecedents of pronouns (e.g., 'our,' 'her,' etc.) and the
like. Christie's objected to substantially all of these interrogatories. Christie's has
taken the position that it cannot answer these interrogatories because the person with
knowledge is Davidge, whom it allegedly no longer controls. Taubman disputes this assertion
and seeks an order compelling Christie's to respond fully, including in its response
information it contends is available to it from Davidge. Christie's has a termination
agreement with Davidge wherein he is obligated to provide to the Company details of all
matters, including all actual or potential transactions in respect of which the Company's
knowledge rests solely or principally with him. Christie's also agreed to indemnify Davidge
with respect to defense costs, fines, and liability in these cases as well as the pending
grand jury investigation and actions arising therefrom in exchange for Davidge's cooperation.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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