S.G.D. Engineering Limited v. Lockheed Martin Corporation Incorporated

Filing 93

ORDER re 84 REPORT AND RECOMMENDATIONS of Special Master filed by Richard G Himelrick. The R&R 84 is adopted in part as set forth in this order. The parties shall each pay 50% of the Special Master's fee. Signed by Judge David G Campbell on 5/24/2013. (NVO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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S.G.D. Engineering, Ltd., an Israeli
corporation,

No. CV-11-02493-PHX-DGC
ORDER

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Plaintiff,

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v.

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Lockheed Martin Corporation, Inc., a
Maryland corporation,,

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Defendant.

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Pursuant to the Order dated February 28, 2013 (Doc. 60), the Special Master

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appointed in this case submitted his Report and Recommendation (“R&R”) on April 17,

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2013 (Doc. 84). Plaintiff filed an objection to the R&R (Doc. 85) and Defendant filed a

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response (Doc 86).

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The Special Master found that Defendant’s Fifth Privilege Log satisfied the

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requirements of Rule 26(b)(5). Doc. 84 at 19. Plaintiff objects to that finding, arguing

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that the log contains “and/or” descriptions and entries for documents about which no

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privilege is claimed. Doc. 85 at 3-4. In its response, Defendant has agreed to revise the

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log to satisfy these concerns. Doc. 86 at 2. With those modifications, the Court finds

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that the log satisfies Rule 26(b)(5).

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The Special Master further recommends additional in camera review. Doc. 84 at

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19. The parties agree that additional in camera review is not necessary. Doc. 85 at 5;

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Doc. 86 at 3. Accordingly, the Court will not order additional in camera review.

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Finally, the Court agrees with the Special Master’s finding that each side shall pay
one-half of the Special Master’s fee. Doc. 84 at 20; Doc. 60 at 2.

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IT IS ORDERED:

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1.

The R&R (Doc. 84) is adopted in part as set out above.

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2.

The parties shall each pay 50% of the Special Master’s fee.

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3.

The Court appreciates the Special Master’s assistance in this matter.

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Dated this 24th day of May, 2013.

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