The plaintiffs in an antitrust suit against Toys R Us may not delay turning over tapes of secretly recorded phone conversations that allegedly include smoking-gun proof of the antitrust conspiracy until after the speakers captured on the tapes have been deposed, a federal judge has ruled.
In her five-page opinion in BabyAge.com Inc. v. Toys R Us Inc., U.S. District Judge Anita B. Brody held that tape recordings are no different from documentary evidence and must be turned over promptly.
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