Paragon Corporation is involved in itigation with Omniplex Corporation, which al
ID: 2589263 • Letter: P
Question
Paragon Corporation is involved in itigation with Omniplex Corporation, which allages that Paragon breached its contract to supply Omniplex with wiring assemblies for its high-speed printing presses. In particular, the parties dispute the meaning of a clause that requires Paragon to "supply Omniplex's nees for iting essemblies for the period of the contract. Omniplex argues that this requiret Paragon to supply as many assemblies as Omniplex requires. Paragon angues that it only requires them to supply the number Omniplex was using yearly when the contract was made. Paragon recelves a Request for Produiction of Documents under Rule 34 seeking "al documents relating to the drafting, negotiation, or execution of the contract in issue in this litigation. At its counser's request, Paragon officers order a search of the fles for documents responsiv to the request, They come up with quite à few One, howevef, is particularly troubling It is a memo written by Paragon's contracts adminlstrator, detailing her discussions with Omniplex negotiators. The memo questions whether Paragon should accept ths provision, since "I read this language in the agreement to commit Paragon to supplying all of Omniplex's requirements for wiring assemblies for five years, regardless of conditions in the market or alternative opportunities with other customers." tenen.. . : A. Paragon wll have to produce the document in response to the request. B. Paragon should describe the document as required, by Rule 26(bXS) but ralse the work product objection to avoid producing it. i C. Paragon should interpret the Rule 34 request nartpwly, and not · produce the document. 0's. "ipe, wifcs:-A:n,r D, Paragon need not produce the document, because it simply states an opinion as to the meaning of the disputed term in the contract. E. Paragon should not produce the document, since it would be very damaging to its case. I···h a drug case against a single defendant, the government seeks to prove that he was the supplier of cocefne to a group of men who sold it on the street. it offers as an exhibit a page from the address book of one of the men containing defendant's address and cell number. How should the court rule on defendant's objection? A. Exclude the evidence because it s hearsay B. Exclude the evidence because it is not relevant. C. Admit the exhibit because It does not contain any assertions. D. Admit the exhibit because it is not hearsayExplanation / Answer
For Paragon Case:
Option B:-Should describe the document as required by rule 26(b)(5), but raise th ework product objection to avoid protecting it.
For Drug Case:
Option D:- Admit the evidence because it is not hearsay*
*Hearsay: Means information heard by person about another. in the instant case evidence is physical and not verbal hence can be admissable
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