If the document wasn't produced in the initial trial, it is doubtful that they actually have the document. Although, maybe Mr. Dummy just has no idea wtf he was doing and didn't ask for it in the course of the legal proceedings. If he asked for it and they had it, they are bound to give it over. Further, TD is a big enough company that I don't think they would open themselves up to all other sorts of litigation if they destroyed documents to get around a relatively small claim.
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