Bryan Corp. v. Chemwerth, Inc.

MEMORANDUM OF DECISION AND ORDER ON CHEMWERTH, INC.’S MOTION TO COMPEL

JUDITH GAIL DEIN, United States Magistrate Judge.

I. INTRODUCTION

This action arises out of an agreement under which the plaintiff, Bryan Corporation (“Bryan”), agreed to purchase the pharmaceutical ingredient, Tobramycin Sulfate (“TS”), from the defendant, ChemWerth, Inc. (“ChemWerth”). Bryan alleges that in order to induce it to purchase TS from ChemWerth and to develop products that could expand ChemWerth’s TS market in the United States, ChemWerth falsely represented to Bryan that it would provide certain documents,…