Computer Economics, Inc. v. Gartner Group, Inc.

AMENDED MEMORANDUM OPINION AND ORDER

Before the court are defendant Gartner Group, Inc.’s objections to the magistrate judge’s September 28,1998 order sanctioning Gartner for failing to produce discovery. For the reasons expressed herein, the court sustains Gartner’s objections.

I. Background

Plaintiff Computer Economics, Inc. (“CEI”) is a newsletter publisher specializing in the information technology industry. CEI publishes eight analytical and investigative newsletters in the fields of corporate computing, Internet marketing and electronic commerce. Defendant Gartner Group, Inc. (“Gartner”) is an international publisher of various publications including books, reports, CD-ROM discs, surveys, and analyses relating to the computer and information industry.

In November 1995 a representative from Gartner contacted CEI and arranged a tour of CEI’s headquarters in Carlsbad, California. According to CEI, Gartner stated that it was seeking to expand its newsletter publishing business and was investigating possible opportunities for acquisition, including CEI. On or about January 1996, CEI allegedly sent Gartner a document containing confidential information concerning CEI’s sales…