Archive - October 20, 2008

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Court Denies Protective Order, Orders Allegedly Proprietary Data Produced Directly to Competitor

Court Denies Protective Order, Orders Allegedly Proprietary Data Produced Directly to Competitor

In re NVMS, LLC, 2008 WL 4488963 (Bankr. M.D. Tenn. Mar. 21, 2008)

In this case, the debtor, a medical services company, moved for expedited discovery of information contained in the database of a former billing partner.  In July of 2000, the debtor contracted with MBP to handle the debtor’s billing.  In February 2008, the debtor stopped doing business with MBP and started using Practice Resources Network, Inc. (PRN).  After switching, the debtor requested that MBP provide the debtor with a copy of its billing data so the debtor could determine the status of its claims. MBP refused.  Soon after filing for bankruptcy in March 2008, the debtor filed an expedited motion seeking copies of this data from MBP.  MBP objected and filed a motion for a protective order.

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