Daimler Truck N. Am. LLC v. Younessi, 2008 WL 2519845 (W.D. Wash. June 20, 2008)
In this case, Daimler sued its former employee in Oregon district court for breach of his duty of loyalty, his confidentiality contract, and his common law duty not to convert confidential and proprietary information, based upon the employee’s departure and subsequent employment by a competitor, Cascadia. As part of that suit, Daimler served Cascadia with the third-party discovery requests at issue. The parties resolved most of their disagreements, but were unable to resolve Daimler’s request to search Cascadia’s computers for communications between Younessi and Jim Hebe (a former CEO of Daimler who was subsequently employed by Cascadia) and between Hebe and other Daimler employees. Cascadia moved to quash the subpoena and for a protective order because Daimler’s subpoena was both unduly burdensome and would require disclosing confidential trade secrets to a competitor.