Judge William Orrick, the presiding judge over the American Booksellers Association's lawsuit against Barnes & Noble and Borders, has granted a motion filed by the attorney for the Intimate Bookshop requesting that he receive copies of all expert reports and related exhibits that had been filed under seal by B&N or Borders in the ABA case. Orrick, however, denied attorney Carl Person's request to obtain sealed documents filed by the ABA. Person wants to use the documents in his own case against the two chains in which he charges that unfair business practices by B&N and Borders forced Intimate out of business (News, May 14).
In his decision, Orrick ruled that B&N and Borders must give Intimate "copies of all expert declarations and supporting exhibits that are filed under seal in the [ABA] action, but they will redact all references about the plaintiff [ABA]." Intimate must also pay all reasonable costs incurred by the chains in deleting and producing the documents.
All further issues regarding the case have been transferred to Judge William Pauley, who is presiding over the Intimate proceedings in the Southern District of New York.
