A national retail pharmacy chain from State A filed a breach…
A national retail pharmacy chain from State A filed a breach of contract action for $5 million against a pharmaceutical manufacturer from State B in federal district court. The pharmacy chain alleges that it had a contract with the manufacturer under which the manufacturer agreed to sell to the pharmacy chain a specified number of aspirin at a specified price. The manufacturer alleges that the parties had negotiated a possible sale but never reached an agreement. The manufacturer thus denies the existence of a contract. The pharmacy chain spent considerable time and money retrieving emails from its server between it and the manufacturer about the alleged contract. The pharmacy chain intends to use the emails as evidence to support its claim that the two companies had contracted for the aspirin. The retrieved emails currently are saved on a computer hard drive at the pharmacy chain’s corporate headquarters. To what extent may the manufacturer obtain discovery regarding the emails?