In Re Auction Houses Antitrust Litigation

196 F.R.D. 444 (2000)

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Nature of the Case

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Facts

Christie's has produced handwritten notes from the files of its former chief executive officer, Christopher Davidge (the 'Davidge Documents'), which apparently are important evidence of the alleged conspiracy. Defendant A. Alfred Taubman, former chairman of Sotheby's, served interrogatories on Christie's by which it sought a great many details concerning the Davidge Documents, including such details as their authors, the meaning of abbreviations used in them, the antecedents of pronouns (e.g., 'our,' 'her,' etc.) and the like. Christie's objected to substantially all of these interrogatories. Christie's has taken the position that it cannot answer these interrogatories because the person with knowledge is Davidge, whom it allegedly no longer controls. Taubman disputes this assertion and seeks an order compelling Christie's to respond fully, including in its response information it contends is available to it from Davidge. Christie's has a termination agreement with Davidge wherein he is obligated to provide to the Company details of all matters, including all actual or potential transactions in respect of which the Company's knowledge rests solely or principally with him. Christie's also agreed to indemnify Davidge with respect to defense costs, fines, and liability in these cases as well as the pending grand jury investigation and actions arising therefrom in exchange for Davidge's cooperation.