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Gotham Holdings, LP v. Health Grades, Inc.

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SUBMITTED AUGUST 28, 2009

Before EASTERBROOK, Chief Judge, and WILLIAMS and SYKES, Circuit Judges.

Gotham Holdings is a plaintiff, and Health Grades a defendant, in litigation pending in the Southern District of New York. (Although there are multiple plaintiffs, we use one name to denote all.) Health Grades contends in the New York case that an arbitration award supports its view of the merits. It tendered the award and some of the documents exchanged in the arbitration. When Gotham Holdings asked to see related documents, Health Grades balked, observing that the parties to the arbitration (Health Grades and Hewitt Associates, LLC) had pledged confidentiality. Gotham Holdings rejoined that, by relying on the award, Health Grades had waived confidentiality. When Health Grades refused to budge from its position, Gotham Holdings served a subpoena on Hewitt Associates and moved to enforce it in the Northern District of Illinois, where Hewitt Associates’ principal offices are located. See Fed. R. Civ. P. 34(c), 45.

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