Richardson v. Navistar Inc et al

Filing 74

ORDER resolving disputed issues in document no. 67 , as set forth herein. Signed by Judge D. P. Marshall Jr. on 8/3/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

NORTHERN DIVISION

ALECHIA RICHARDSON, individually
and as administratrix of the Estate of
SANDY OSBURN, Deceased

v.

PLAINTIFF

Case No. 1:10-cv-42-DPM

NAVISTAR, INC.; INTERNATIONAL TRUCK
AND ENGINE CORPORATION; and NAVISTAR
INTERNATIONAL TRANSPORTATION CORP.

DEFENDANTS

ORDER
For the reasons stated on the record at the 7 July 2011 hearing, the Court
resolves the disputed issues, Document No. 67, as follows:
1.

Denied. Plaintiff's privilege was not waived by lack of a log.

Plaintiff's counsel does not have to identify every item in his library; the log
would reveal the protected materials. Peterson v. Douglas County Bank & Trust,
967 F. 2d 1186, 1189 (8th Cir. 1992).
2.

Agreed as modified. The Court will allow discovery about this

Farmell856 tractor, similar tractors, and RaPS issues but only to the extent
that general RaPS materials are linked to the Farmell856 or similar tractors.
The Court's 11 April 2011 Order, Document No. 61, is modified accordingly.

3.

Denied. The Defendants' privilege log is adequate. If Plaintiff

wants to challenge a particular item listed in the Defendants' privilege log,
she must first notify the Defendants, who should then provide the materials
to the Court for in camera review.
So Ordered.