Page:Touhy v. Walgreen Company.pdf/10

 Procedure § 2006, at 91. Even so, Ms. Touhy argues that she meets our high standard for reversal in several ways.

First, Ms. Touhy attacks the district court's factual finding that Walgreen provided all relevant “access logs” related to her pharmacy account from the Walgreen computer system, sought as part of Doc. Requests 10-12. To be more precise, Ms. Touhy does not appear to dispute that Walgreen produced records identifying those employees who conducted transactions on Ms. Touhy's account; instead, at this stage she complains only that the company has not produced logs showing which employees merely viewed her electronic pharmacy records. The district court's finding that Walgreen's production was complete rested on an affidavit from Adam Weiner, a member of Walgreen's technology support group, who attested that the company's pertinent computer systems at the time in question generated logs tracking only those who conducted transactions on, rather than merely viewed, pharmacy accounts. Ms. Touhy challenges the district court's finding by pointing us to statements from another Walgreen employee, Michael Simko, before the National Committee on Vital and Health Statistics. Those statements, however, do not expressly contradict Mr. Weiner's testimony and were made in a different proceeding and context. More fundamentally still, Ms. Touhy failed to present Mr. Simko's statement to the district court in connection with her motion to compel, despite the fact it was available to her at - 10 -