In a letter opinion, the Court of Chancery addressed an LLC books and records action by a member of a Delaware LLC. The Court granted plaintiff’s demand that defendant provide information as to whether certain records of its wholly-owned subsidiary exist, and if so, where they are located holding that, without resolving the substantive merits of the dispute, requiring the defendant to provide such information would “facilitate trial.” The Court, however, denied plaintiff’s request that defendant be required to identify certain documents (originally produced by plaintiff) produced by defendant in discovery by the specific discovery request to which they pertain, holding that “[e]fficiency must – or perhaps, should – be the measure of discovery in summary proceeding,” and that, while typically “responding to discovery requests with a blanket reference to a substantial set of documents is insufficient,” the fact that the documents were originally produced by plaintiff would result in an “unwarranted burden” on defendant.
