In SEC v. Sells,No. 11-cv-04941 (N.D. Cal. Feb. 4, 2013), the Northern District of California held that the SEC must answer interrogatories that requested factual information provided during interviews conducted by the SEC of immunized witnesses. The SEC had based its allegations against defendant on information learned during the interviews of three immunized witnesses. The interviews were not recorded. Defendant propounded interrogatories that asked the SEC to disclose the dates of the interviews and to describe the information provided by the witnesses. The SEC asserted the work product protection. The court held that defendant had presented more than adequate reasons to justify production, and “injustice would be caused by a denial of the discovery.” The court found that the SEC had attempted to thwart any inquiry into the factual information that had been provided by the witnesses, who were potential witnesses at trial, and defendant could not replicate the information obtained by the SEC by deposing the witnesses due to the passage of time since the interviews.