Norfolk County Retirement System v. Ustian

2010 WL 1489996 (N.D.Ill. Apr. 13, 2010) (Nolan, M.J.)

The Plaintiffs’ motion to compel production of documents was denied in part and granted in part. As it related to documents previously produced to the SEC, the Court was not persuaded by the Plaintiffs’ argument that a lack of production burden meant that it was time for a discovery free-for-all, and instead noted that “[t]he district court carved out no exception for merits discovery that may be produced with minimal burden.” With regard to the loss causation documents sought by the Plaintiffs, however, the Court found they were entitled to this information regardless of the acknowledged burden of conducting “a fairly extensive search” since loss causation was intended as a primary issue for purposes of class certification.