Garrard v. Pirelli Tire LLC et al

Filing 86

ORDER re In Camera Review of Documents. Plaintiffs shall produce documents consistent with this Order by 5/18/2012. Signed by Magistrate Judge Donald G. Wilkerson on 5/14/12. (alg)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ROBERT T. GARRARD, et al., ) ) ) ) ) ) ) ) ) Plaintiffs, v. PIRELLI TIRE LLC, et al., Defendants. Case No. 11-cv-00824-GPM-DGW ORDER Pursuant to the Court’s Order dated April 27, 2012, Plaintiffs Robert Garrard and William Jasper submitted, for in camera review, all documents referring or relating to settlements, covenants not to sue, releases, loan agreements or any other stipulations or agreements between any plaintiff and any person or entity against whom any plaintiff has or had a claim arising from or relating to the subject occurrence as requested by Defendant Pirelli Tire LLC in its discovery requests. The Court has reviewed the documents in camera and hereby ORDERS the following: DOCUMENTS SUBMITTED BY PLAINTIFF ROBERT GARRARD NATURE OF THE DOCUMENT DATE String of email communications between Becky Hayes, Chris Kolker, Benjamin Willman about scheduling a conference call to discuss the case June 6, 2011 String of email communications between Becky Hayes, Chris Kolker, Benjamin Willman and Brad Lakin July 6, 2011 PRIVILEGES ASSERTED BY PLAINTIFF Work-Product; Common Interest/Joint Prosecution Work-Product; Common Interest/Joint Prosecution RULING These documents shall be produced – they are not subject to the Work-Product or Common Interest/Joint Prosecution privileges. These documents shall not be produced as they are protected by WorkProduct and regarding the state action String of email communications between Becky Hayes, Brad Lakin, Chris Kolker and Benjamin Willman regarding dismissal of the state action July 7, 2011 Work-Product; Common Interest/Joint Prosecution Two email communications between Brad Lakin, Chris Kolker, Benjamin Willman and Becky Hayes regarding the tolling agreement August 23, 2011 Work-Product; Common Interest/Joint Prosecution String of email communications between Brad Lakin, Benjamin Willman, Chris Kolker, Brian Burge and Becky Hayes regarding the tolling agreement August 26, 2011 August 28, 2011 August 29, 2011 Work-Product; Common Interest/Joint Prosecution String of email communications between Chris Kolker, Brian Burge, Benjamin Willman, Brad Lakin and Becky Hayes regarding the tolling agreement and arbitration clause August 30, 2011 September 1, 2011 September 2, 2011 Work-Product; Common Interest/Joint Prosecution One email communication from Benjamin Willman to Brian Burge, Brad Lakin, Chris Koler and Becky Hayes regarding the commencement of the federal action September 6, 2011 Work-Product; Common Interest/Joint Prosecution 2 Common Interest/Joint Prosecution privileges. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. Two email communications between Brian Burge, Benjamin Willman, Chris Kolker, Brad Lakin and Becky Hayes regarding the federal action and the tolling and arbitration agreements String of email communications between Chris Kolker, Cheryl Callis, Scott Bjorseth, Benjamin Willman and Charlene regarding the federal action and the tolling and arbitration agreements String of email communications between Chris Kolker, Benjamin Willman, Brad Lakin and Brian Burge regarding the commencement of the federal action and the tolling agreement September 6, 2011 September 8, 2011 Work-Product; Common Interest/Joint Prosecution September 1, 2011 September 8, 2011 September 9, 2011 September 12, 2011 Work-Product; Common Interest/Joint Prosecution September 13, 2011 Work-Product; Common Interest/Joint Prosecution These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. This document shall be produced – it is not subject to the Work-Product or Common Interest/Joint Prosecution privileges. DOCUMENTS SUBMITTED BY PLAINTIFF WILLIAM JASPER NATURE OF THE DOCUMENT DATE String of email communications between Becky Hayes, Chris Kolker, Benjamin Willman about setting up a conference call String of email communications between Benjamin Willman, Chris Kolker, Brad Lakin, Becky Hayes and Charlene regarding the commencement of the federal action, the tolling agreement and scheduling a conference call PRIVILEGE ASSERTED BY PLAINTIFF Attorney-Client June 6, 2011 June 23, 2011 June 24, 2011 June 26, 2011 June 27, 2011 July 6, 2011 July 7, 2011 Attorney-Client 3 RULING These documents shall be produced – they are not subject to the AttorneyClient privilege. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. Email communication from Chris Kolker to Benjamin Willman, Deme Sotiriou, Cheryl Callis and Scott Bjorseth regarding the filing a dismissal String of email communications between Benjamin Willman, Brad Lakin, Chris Kolker and Becky Hayes regarding the dismissal of the state action and commencement of the federal action Email communication from Chris Kolker to Benjamin Willman regarding the tolling agreement and arbitration clause String of email communications between Benjamin Willman, Chris Kolker, Brad Lakin, Brian Burge and Becky Hayes regarding the commencement of the federal action, the tolling agreement and arbitration clause String of email communications between Chris Kolker, Cheryl Callis, Scott Bjorseth, Benjamin Willman and Charlene regarding the tolling agreement and arbitration clause String of email communications between Benjamin Willman, Chris Kolker, Brad Lakin, Brian Burge and Becky Hayes regarding the commencement of the August 3, 2011 Attorney-Client These documents shall be produced – they are not subject to the AttorneyClient privilege. August 3, 2011 August 11, 2011 August 19, 2011 August 23, 2011 Attorney-Client August 25, 2011 Attorney-Client August 26, 2011 August 28, 2011 August 29, 2011 August 30, 2011 Attorney-Client These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. September 1, 2011 September 2, 2011 September 8, 2011 September 9, 2011 Attorney-Client September 6, 2011 September 8, 2011 September 9, 2011 September 12, 2011 Attorney-Client 4 These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint federal action String of email communications between Benjamin Willman, Brad Lakin and Chris Kolker regarding expert witness expenses September 9, 2011 Attorney-Client String of email communications between Brad Lakin, Benjamin Willman and Brian Burge regarding the amended complaint in the federal action Email communication from Chris Kolker to Benjamin Willman and Brad Lakin regarding the tolling agreement September 13, 2011 Attorney-Client September 13, 2011 Attorney-Client Prosecution privileges. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. These documents shall be produced – they are not subject to the AttorneyClient privilege. These documents shall not be produced as they are protected by WorkProduct and Common Interest/Joint Prosecution privileges. Based upon the foregoing, Plaintiffs are hereby ORDERED to produce the documents consistent with this Order by May 18, 2012. IT IS SO ORDERED. DATED: May 14, 2012 ____________________________ DONALD G. WILKERSON United States Magistrate Judge 5