London Luxury LLC v. Walmart Inc.

Filing 429

ORDER Number Six on Walmart's Privilege Log. Signed by Honorable Timothy L. Brooks on March 25, 2024. (ee)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION LONDON LUXURY, LLC V. PLAINTIFF/COUNTER-DEFENDANT CASE NO. 5:22-CV-5059 WALMART, INC. DEFENDANT/COUNTER-PLAINTIFF ORDER NUMBER SIX REGARDING WALMART’S PRIVILEGE LOG On Sunday, March 24, 2024, Walmart’s attorney emailed the Court and opposing counsel to advise about the status of Walmart’s compliance with the Court’s recent Orders and directives regarding the disclosure of documents redacted for privilege. See Docs. 398, 405, 408, 413, 414, 418. Walmart then produced to the Court, ex parte, two sets of Bates-numbered documents, one labeled “Exhibit E” and the other “Exhibit F.” These exhibits correspond to lists of Bates-numbered documents identified by London Luxury in an email to the Court the previous day, Saturday, March 23. 1 Today the Court reviewed all Bates-stamped documents identified in Walmart’s Exhibit F. Below is a chart indicating the Court’s rulings as to privilege for these documents. A “sustained” ruling indicates that the Court agrees with Walmart that the document has been properly withheld as privileged, per the Court’s prior Orders. An “overruled” ruling indicates that the Court finds the documents are not privileged and must immediately be produced to London Luxury without redactions. Walmart’s email of March 24 and London Luxury’s email of March 23 are attached to this Order as exhibits. 1 1 Bates Stamp 87919 87920 87922 Duplicates 87981 87984–87985, 94363– 94364 88178 88180 88194 88202 88407 88409 88411 88422 88988 89420 94365 94515 95087 95124 98343 98345 101853–101859 101860–101864 87925–87926 Ruling SUSTAINED SUSTAINED SUSTAINED 88316 88186, 88200, 88203, 88413, 88417, 88423, 98332 94354–94355, 94512– 94513, 94520–94521, 95122–95123 88018–88019 88181–88182 88183–88184 2 SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED OVERRULED SUSTAINED SUSTAINED OVERRULED OVERRULED OVERRULED, but the redacted portion was disclosed previously. See Doc. 399, p. 10 n.2. SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED SUSTAINED OVERRULED OVERRULED SUSTAINED SUSTAINED SUSTAINED OVERRULED SUSTAINED OVERRULED OVERRULED OVERRULED SUSTAINED SUSTAINED SUSTAINED OVERRULED OVERRULED OVERRULED SUSTAINED SUSTAINED SUSTAINED 88187–88188 88235–88238 88270–88272 88287–88293 88297–88308 88317–88323 89011–89016 89019–89024 94341–94343 94408–94409 94880–94890 94893–94902 95060–95064 95183–95185 95189–95194 95219–95220 95291–95300 96835–96836 97668–97669 98333–98341 98346–98348 98349–98355 IT IS SO ORDERED on this 25th day of March, 2024. /s/ Timothy L. Brooks_____________ TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE 3

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