Brown v. Tellermate Holdings (Tellermate I)

2013 WL 1363738 (2013)

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Brown v. Tellermate Holdings (Tellermate I)

United States District Court for the Southern District of Ohio
2013 WL 1363738 (2013)

RW

Facts

Tellermate Holdings Ltd. (Tellermate) (defendant) was engaged in federal-court litigation with its former sales employees, Robert and Christine Brown (plaintiffs). In discovery, the Browns asked Tellermate to produce the historical sales data that Tellermate had used to evaluate the Browns’ performance. The Browns stated under oath that they had routinely accessed such historical data when they worked for Tellermate. Tellermate kept its sales data on servers belonging to a company known as Salesforce. Tellermate objected to the Browns’ discovery request, arguing that Tellermate could access real-time but not historical sales data, and that Tellermate’s contract with Salesforce prohibited Tellermate from divulging data maintained on Salesforce servers to third parties such as the Browns. The court examined the contract and could find no such prohibition.

Rule of Law

Issue

Holding and Reasoning (Kemp, J.)

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