Discovery Order Issued in “SolarCity” Cash Grant Litigation — Treasury to Provide Benchmarking Materials

Oct 14, 2014

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Plaintiffs’ other document requests and interrogatories were denied.  Accordingly, except for materials related to the review and adjustment of plaintiffs’ applications, Treasury is not required to produce other third-party documents and information requested by plaintiffs (e.g., information on adjustments made to comparable third-party applications).  Treasury also does not have to provide information regarding the development of its general screening policies or its benchmarks that were below the amounts claimed by plaintiffs in their applications.  The full text of the order is available here.

The order extended the deadline for fact discovery to March 27, 2015, and scheduled expert discovery to conclude on or before August 7, 2015.  With expert discovery not scheduled to conclude until August 7, which will be followed by the scheduling and holding of a trial, an opinion on the merits is unlikely until sometime in 2016 at best.

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