In the ongoing Rossi v. Industrial Heat case, an order has been issued by John O’Sullivan, US Magistrate Judge, who is assigned to the the case.
Andrea Rossi’s team had recently submitted a list of items they wanted Industrial Heat et. al. to produce as information for the discovery process, which was very exhaustive; some have described it as a ‘fishing expedition’ and Industrial Heat had complained that the requests were burdensome and over-reaching.
Some of the key pieces of information required are:
“All communications, or documents memorializing communications, between the parties (e-mail, texts, etc.) by November 22, 2016.”
“Request No. 1 – Defendant agrees that it will provide documents evidencing the source of the $10 million payment. (Tr. 47: 9-12)”
“Request No. 2 – In addition to providing documents proving that Defendant had access to $89 million at or before the time the License Agreement was executed”
“Defendant shall answer the following interrogatories: “Did you or did you not have access to $89 million as of February l 5, 20162 If you had less than $89 million, then identify the amount of money you did have.” (Tr. 46:4-13)”
“Request No. 22 – the parties agreed to limit the search terms for electronic documents, including emails, to the following:
– E-cat IP
– Guaranteed Performance (Tr. 38:3-9)”
The full order can be read here: http://www.e-catworld.com/wp-content/uploads/2016/11/74-Order-on-informal-discovery-conference.pdf
All documents produced in the case so far can be accessed here: