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  • Writer's pictureShelly Albaum

Discovery Dispute #4 in California

Discovery Dispute #4 came and went so fast that it was over before we even knew about it.

You can read here the Joint Stipulation for a Protective Order, which ended the dispute, and the Protective Order to which the parties jointly agreed to stipulate.

Here is what happened. Last month, ChromaDex alerted Elysium that ChromaDex had inadvertently failed to produce some communications from Steven Block, who is an attorney and a current Board of Directors member.

The parties tussled over whether or not the communications might be privileged. Presumably the issue was whether Mr. Block was functioning as an attorney when he made the communications, or was only incidentally an attorney.

There was to be a discovery hearing tomorrow, with briefing from both sides to be submitted today.

But instead, the parties have agreed that ChromaDex would produce enough to satisfy Elysium, and Elysium would refrain from arguing that any privileges were waived by the production.

That keeps us mostly in the dark, but it is a reminder that there are all kinds of ongoing proceedings and hearings that we can't see and don't know about. The Docket on PACER is just the visible tip of the litigation ice berg.

UPDATE: MARCH 12, 2019

I now realize that our Precognition Troll, Chuck, has performed yet another amazing feat of reading the minds of Elysium's lawyers.

Six days ago, while Elysium's lawyers were trying to wrestle loose these allegedly privileged information communications involving ChromaDex board Steven A. Block, Chuck-the-Troll said this:

They say great minds run on the same track, and once again it seems that the pro-Elysium Troll and Elysium's law firm might be thinking roughly the same thing at roughly the same time -- which MAYBE gives us a hint as to what Elysium is looking to find in these allegedly privileged communications.

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