Beverage Marketing Corp. v. Ogilvy & Mather Direct Response, Inc.

OPINION

SWEET, District Judge.

Plaintiff Beverage Marketing Corporation (“Marketing”) has sued defendant Ogilvy & Mather Direct Response, Inc. (“Ogilvy”) claiming breach of contract and malpractice allegedly committed during the performance of an agreement for direct mail marketing services. Marketing has now moved pursuant to Fed.R.Civ.P. 26(b)(4)(A)(ii) for an order compelling Ogilvy to produce a report prepared by one of Ogilvy’s experts. The motion is granted.

Discovery of expert materials is governed by Fed.R.Civ.P. 26(b)(4), which reads, in relevant part:(4) Trial Preparation: Experts.…