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Cicel (Beijing) Science & Tech. Ltd. v. Misonix Inc.

Firm Materials and Communications Stemming from Internal Investigation Are Protected

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MEMORANDUM AND ORDER By Complaint dated March 23, 2017, Plaintiff Cicel (Beijing) Science & Technology Co., Ltd. (“Plaintiff” or “Cicel”) commenced this diversity action against Defendant Misonix, Inc. (“Defendant” or “Misonix”) and executives of the company (the “Executives”), asserting claims sounding in unfair competition, tortious interference with contract and prospective contract, breach of contract, conversion and fraud. See generally Complaint, DE [1]. Plaintiff filed an Amended Complaint on April 5, 2017. See Amended Complaint (“Am. Compl.”), DE [6]. On October 7, 2017, the Honorable Arthur D. Spatt issued a Memorandum of Decision & Order dismissing all of Plaintiff’s claims except for the breach of contract count against Misonix only. See DE [15]. The parties subsequently proceeded with discovery, which this Court has managed and overseen. Presently before the Court is Cicel’s motion seeking, inter alia, an order compelling Misonix to produce “all documents pertaining to its purported investigation(s) concerning conduct by Cicel that purportedly raised issues or concerns relating to the Foreign Corrupt Practice [sic] Act[.]” Plaintiff’s Memorandum of Law in Support of Plaintiff’s Motion to Compel, Etc. (“ Pl.’s Mem.”), DE [66-5], at 1. For the reasons set forth herein, Plaintiff’s motion is granted in part and denied in part.I. RELEVANT BACKGROUNDCicel is a Chinese corporation based in Beijing that markets and distributes medical devices throughout China and Hong Kong. See Am. Compl.

1, 14. Misonix is a publicly-traded corporation, formed under the laws of the state of New York, that manufactures medical devices. See id.

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