Marie L. Kasten v. Doral Dental Usa, LLC

733 N.W.2d 300 (2007)

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Nature of the Case

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Facts

Doral (D) is a Wisconsin LLC that was organized in August 1996. Kasten (P) received a 23.1% membership interest in D as part of a divorce settlement. D began negotiating with potential buyers. P requested various business records, financial and tax records and ledgers, invoices, agreements, contracts, employment records, letters of intent and the most current status of negotiations with suitors for D. D complied with some, but not all, of P's requests. P filed a lawsuit to enforce her rights, pursuant to Wis. Stat. § 183.0405 and D's operating agreement, to inspect and copy the remaining records and documents. P filed a motion to compel for emails and other documents. The court held that P was not entitled to inspect the e-mails or drafts of documents she requested. The court concluded that e-mails are not “documents or records,” but “communications.” The court ruled that P had the right to inspect other written correspondence. Kasten (P) appealed to the court of appeals, and they certified the case.