Chapter
Thirteen
What’s this court hearing you’re talking about?” Royce asked loudly.
Ethan was glad this was a phone conference and he wasn’t face-to-face with Royce. He wasn’t really in the mood to coddle his client.
“The other side has filed a motion to compel. Kate’s arguing that we’re not producing all the documents responsive to her requests.”
“Of course we’re not. Those requests were outrageous. You said so yourself. Won’t a judge just toss this out? But what if he doesn’t? What can the judge do to us?”
Ethan let Royce get the questions out of his system before speaking. “There’s absolutely no cause for alarm here. She’ll get her shot, and I’ll get mine. I can’t imagine a world in which the judge would agree with her requests, and they have zero evidence to demonstrate that we’re withholding evidence.”
“You and I have already had a discussion about this, so I assume there’s no need for us to rehash that same ground.”
Yes, Ethan remembered it quite well. Royce had specifically told him that he wanted Ethan to blur the lines. “We’re on the same page. There’s no reason for you to be worried. I’ll let you know if there comes a point in time when we should be concerned—this is not that time.”
“Okay. Also, just to keep you in the loop, I had my security chief brief some key employees about the case and remind them that they’re not supposed to speak with anyone about what they do at MPC.”
That got Ethan’s attention. “Did you have cause for concern?”
“A man in my position is always concerned and a bit paranoid. This case is high profile and in the news. I just want to make sure all my employees are buttoned down. The last thing we need is someone out there blabbing because they want their five minutes of fame.”
Was that really what Royce was worried about, or was there something more? Ethan wasn’t stupid. He knew Royce had secrets and he was only getting a partial version of the truth. And while he was used to that with most of his clients, he still didn’t have to like it. “Royce, remember too, that I’m the company’s advocate. I’m also the first and biggest line of defense. So don’t feel like you have to rely solely on MPC resources and staff. I can do a lot of things beyond just speaking in the courtroom.”
“I know, and I appreciate that. It’s just that this case has me more wound up than normal.”
Ethan had no trouble believing that. “And remember, if you include me more on these things, we can argue that these activities are protected by attorney-client privilege. For instance, that meeting your security chief had won’t be covered, but it could’ve been protected if I had been there.”
“You have a good point, Ethan. I’ll do a better job looping you in on the MPC side of things.”
“Thanks. And I’ll let you know the outcome of the hearing.”
“Shouldn’t I attend?”
“No way. This is not a CEO-level hearing. That would only give the other side’s argument more credence if you show up. I can handle it.”
“Call me right when it’s over.”
“Of course.”
“And as always, don’t screw this up.”
The dial tone let him know how serious Royce was.
Kate walked into the courtroom Wednesday to argue the motion to compel in front of Judge Freeman and face off against Ethan. Landon was there to provide protection, although she’d told him that she would be completely fine at the courthouse. He’d insisted and said he also wanted to see the oral argument.
Oddly, that made her nervous. He hadn’t seen her in action in the courtroom yet, and what if he wasn’t impressed with her lawyering skills? Her nerves were already amplified, because just this morning at the office she hadn’t been able to find her prep binder. It had everything she needed, including her argument outline, key bullet points, and exhibits. Everything.
She knew she had left it on her desk last night, but it had disappeared. This was beginning to be a pattern, and she couldn’t help feeling that someone was trying to sabotage her. But who? Thankfully, she still had copies of most of the key pieces she’d need for the hearing, but in a much less organized fashion. She wasn’t the type of lawyer who liked to wing it, but today she’d have to do just that.
She smiled when she saw Mia walking toward her. Having a friendly face around was a boost. “I didn’t realize you were going to come today.”
“I just settled a case and had a little time on my hands.”
Kate laughed. “Discovery motions aren’t exactly thrilling to watch.”
“When it’s two good friends and law school classmates squaring off, and both their careers are implicated, I think it could get very interesting.”
“No pressure or anything, Mia.”
Mia gave her arm a squeeze. “You wouldn’t have been tapped for lead counsel if you couldn’t handle it.”
And she’d told herself that a million times, but she still struggled with her confidence level even if she made everyone think she didn’t break a sweat. So many people were depending on her.
Mia looked over her shoulder at Landon, who was standing near the entrance to the courtroom. “Wait a minute. Is that hunk your private investigator?”
“Yeah. How did you know?”
“He has military written all over him, and more important, he can’t seem to keep his big brown eyes off you.”
“I already told you that it isn’t like that at all. We’re friendly and working together, but that’s it.”
“Go ahead and tell yourself that.” Mia leaned in closer. “But I don’t want to ruffle your feathers anymore, so I’ll let you get ready.”
Kate settled in at the counsel’s table and arranged her documents. Now wasn’t the time to worry about Mia’s perception of her relationship with Landon, or the fact that Mia thought Landon was a hunk—which he was.
Ethan hadn’t come over to say hello, and that was for the best. Better to keep this as cool between them as possible. Their meeting had left a bad taste in her mouth, because as much as she loved being a lawyer, the interpersonal conflict was still tough for her.
And on top of everything else, she had to give her argument with her materials a cobbled-together mess. But she didn’t really have a choice.
And it was game time.
Judge Freeman took his seat and made eye contact with her and then Ethan. “Ms. Sullivan, Mr. Black, I have read your competing motions, and I’m ready to hear your arguments. Ms. Sullivan, since this is your motion, the floor is yours.”
“Thank you, Your Honor. I’ve laid out two principal points in the motion and supporting brief. First, MPC has failed to produce any documents responsive to a number of our document requests.” She looked down at her notes to make sure she got the numbers right. “Specifically, for requests ten, fourteen, thirty, and thirty-six, there hasn’t been a single document produced to answer those requests. Second, MPC is engaging in tactics to produce thousands upon thousands of pages of completely irrelevant material as a means to try to sandbag us. I would argue that is borderline sanctionable.”
“Let me stop you right there,” Judge Freeman said.
The judge could interrupt the arguments at any time and ask questions, so Kate wasn’t surprised by this.
“Is it your position, Ms. Sullivan, that MPC is willfully withholding responsive documents?”
“Yes. I will let Mr. Black speak for himself, but I believe he contends that MPC shouldn’t have to produce documents in response to those specific requests. I don’t think that argument holds water.”
Ethan stood up. “Your Honor, maybe we should just hash this out right now.”
“Why not?” Judge Freeman said. “What’s your response as to why those four requests are out of bounds?”
“This case isn’t about any other drug, it’s only about one single drug, and that is Celix. The plaintiffs only pled allegations about Celix in their complaint, and there isn’t a single allegation about any other MPC drug. I’d argue that’s a strong bright line for us to follow to keep an already huge document case more manageable.”
“Just because the complaint doesn’t specifically call out another drug by name, doesn’t mean it’s off limits,” she said. “The federal rules of civil procedure are very broad, as everyone in the courtroom knows. We have a right to those documents.”
“I’ve yet to hear a reason why, though, Ms. Sullivan. Why do you need documents about other drugs? I tend to agree with Mr. Black that you’re being a bit overbroad here.”
She couldn’t exactly say, because she wasn’t even sure what the documents would show. “Having visibility into comparable drugs is important. The type of testing done with other drugs before they hit the market does have an impact here—especially if MPC used a different type of testing process for other drugs than what was used for Celix. That kind of information is completely fair game, in my opinion.”
“Way too overbroad, Your Honor,” Ethan said.
Now on to her backup plan. “Plaintiffs would be willing to limit the other drugs to a small list of those whose development timing and lead scientists overlapped Celix. That way there is a clear limit on the number, and plaintiffs still get access to arguably extremely relevant information.”
Judge Freeman raised an eyebrow. “Do you have such a list prepared?”
“I do, Your Honor. May I approach the bench?”
“You may.”
She walked up and handed the list to the judge and then provided a second copy to Ethan, whose face was bright red.
“What is your response, Mr. Black?”
“Your Honor, I’d need some time to review this list.”
Judge Freeman looked down at the page and then back up. “Mr. Black, there are only four drugs on this list.”
“Yes, I can see that, but I’m not up to speed on every product that MPC manufactures. I have no idea whether any of these are relevant to Celix and the plaintiffs’ claims.”
“Very well. You have until five o’clock tomorrow to file any objections to this list of drugs, and Ms. Sullivan, you have until noon on Friday to respond. Then I’ll make my ruling on those contested requests. Now, as far as MPC producing nonresponsive documents, Ms. Sullivan, do you want to elaborate further than what was in your brief?”
“Only to say that since the brief was filed, the situation has only worsened. According to my review team, we have a responsive rate of only about fifteen to twenty percent right now. I’d contend that’s entirely inappropriate, and what’s more, that MPC is intentionally trying to bury us in irrelevant documents.”
“Mr. Black?” the judge asked.
“That is a completely unfounded assertion, Your Honor. Plaintiffs only have themselves to blame. They’re the ones who came up with these overly broad and extensive document requests. When you request that much information, you’re going to get just that—a lot of information. Just because Ms. Sullivan isn’t finding what she wants to see in the documents, doesn’t mean that MPC is doing anything wrong here. Just the opposite, in fact.”
“That’s not accurate, Your Honor. You can’t look at that relevancy rate and make a good-faith argument.”
“But that’s what your reviewers think is relevant, Kate,” Ethan said.
He’d slipped and called her by her first name, causing the judge to grin.
“Mr. Black, I would caution you to have another chat with your team to communicate the importance of abiding by the document requests and to operate in good faith in their review. I’m denying the motion in part as it pertains to the second point on relevancy, but this is a warning. If it continues, I’ll want to get deeper in the weeds and look at further examples that I’m sure Ms. Sullivan will provide. I’ll rule on the first issue after the two of you have submitted the required responses.”
“Thank you, Your Honor,” she and Ethan said in unison.
The judge left the courtroom, and she began to pack up her stuff. She was one step closer to victory, though, and that was important.
She looked up to see Ethan walking over to her.
“What’s your angle here, Kate? Why blindside me with that list of drugs?”
“You’re the one who said asking for information on all other MPC drugs was too broad. I just took that into consideration and provided a reasonable alternative.”
“What do any of the drugs on that list have to do with you trying to prove your case about Celix?”
“Without the information, how can I know for sure? I think there is value in knowing how those drugs were treated versus Celix.”
“It sounds like a complete fishing expedition to me.”
She didn’t want to admit that, but she also didn’t want him to think she had something specific in mind. “Ethan, is there any point in us arguing about this?”
“I’m just trying to understand where you’re coming from, because you’re usually a straight shooter. Which makes me think something is going on in that head of yours, and I want to know what it is.”
“You don’t have the right to access my internal thoughts about strategy on the case. Remember, we’re on opposing sides here, Ethan.”
He ran a hand through his hair. “How could I forget?”
Once again, she wanted to be his friend, but the situation was just so awkward. “Anything else we need to talk about?”
He shook his head. “No. I’ll have my objections to that list in by the deadline, and I guess we’ll go from there.”
He walked away, and immediately Mia popped up beside her.
“Good job. You had that fallback position ready the entire time. That was a nice move.”
“Thanks. That’s why you have to do so much preparation for these things.” Thankfully, she’d had another copy of the drug list, even though her binder had been taken.
Landon approached the two of them, and Mia homed in on him and stretched out her hand.
“This is one of my best friends, Mia Shaw,” Kate said. “She’s also an attorney.”
“Nice to meet you, Mia.” He smiled.
And Mia smiled even wider. “I hear that you’re helping Kate on this case as an investigator.” Kate hadn’t filled in her friends on what had happened to her, so Mia only knew about the public aspects of the case.
Fortunately, Landon was impeccably discreet. He nodded. “Yes, it’s a big one, so we have a lot of things to run down.”
“Well, I should get back to the office. Again, great job, Kate. I think the short drug list is a winning strategy.” Mia turned to Landon. “And very nice to meet you. Hope to see you again soon.” She walked away, leaving them alone.
“Your friend’s right. Your arguments were solid,” Landon said. “It was nice to see you in your element.”
“Thanks. Hopefully, the judge will see it our way.”
“Nice strategic move to get the information we need on Acreda,” he said softly.
“Yeah, that was my best way to try to get at it.”
“Well, I was impressed.”
“Thanks. But it will all be for nothing if we can’t get to those documents. So I’m not celebrating just yet.”