But if they take him to court, he could demand that it be produced, show a notarized copy of the letter to a judge and get the judge to agree. Then Monster would be screwed.
A lot of what he’s asking for, in my opinion, isn’t discoverable, at least under the Federal rules. If he can get a judge to agree, then yes, Monster has somewhat of a problem. But that’s pretty unlikely, I think.
But even if he were to try to go in front of the judge, just writing the letter isn’t going to get him anywhere. He’d have to draft discovery requests, and then, when Monster refuses to produce, he’ll have to draft a motion to compel, and then a reply to Monster’s response. That’s $15-20k. Easy.
He said he was defense counsel in a lot of major litigation, and he knows this. He says he likes to fight, but it’s one thing to like to fight when you’re spending someone else’s money. It’s another thing when you’re writing the checks.