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)

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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.

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