Townsend v. Bayer Corporation et al

Filing 66

ORDER granting in part and denying in part pltf's 35 Motion to Compel; the motion is granted as to exhibit numbers 33-68. Signed by Judge James M. Moody on 8/31/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MIKE TOWNSEND VS. PLAINTIFF NO. 5:11CV00055 JMM BAYER CORPORATION BAYER HEALTHCARE PHARMACEUTICALS, INC. DEFENDANTS ORDER Pending is Plaintiff’s motion to compel. (Docket # 35). Plaintiff seeks to obtain copies of certain documents to which the Defendants claim a privilege. The Court has reviewed the privilege log along with the documents in camera. The Court finds that Plaintiff’s motion should be GRANTED IN PART AND DENIED IN PART. The Court agrees with the Defendants that the documents appearing at exhibit numbers 1-32, which have not been previously produced, are protected from discovery as attorney-client communication. Accordingly, Plaintiff’s motion is denied as to exhibits 1-32. The documents appearing at exhibits 33-68 are not protected from discovery. Defendant claims that the documents are protected by both the attorney-client privilege and work- product doctrine. However, the documents appear to have been produced in the normal course of business and not in anticipation of litigation. There is no workproduct immunity for documents prepared in the regular course of business rather than for purposes of litigation. Simon v. G.D. Searle & Co., 816 F.2d 397, 401 (8th Cir. 1987). Further, these documents are not made privileged simply because they were provided to or made by a lawyer. Plaintiff’s motion to compel is GRANTED as to exhibit numbers 33-68. IT IS SO ORDERED this 31st day of August, 2012. ____________________________ James M. Moody United States District Judge

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