Chammas v. NavLink Inc., C.A. 11265-VCN (August 27, 2015)

What discovery is permitted in a books and records case has two dimensions.

First, the discovery cannot be of the very records the plaintiff seeks to obtain, for that will give him the relief he seeks before he proves his case. Second, it is often the case that the records are being sought for use in another proceeding and that raises confidentiality concerns. This decision nicely resolves those issues and provides guidance for future proceedings.