Enns et al v. Flores et al

Filing 247

ORDER Regarding Request for Clarification of Court's July 13, 2011 245 Order on Plaintiffs' Motion to Compel Pearce's Responses and Documents Related to Enns' Discovery Request Propounded on Pearce, signed by Magistrate Judge Dennis L. Beck on 8/9/2011. Defendant Pearce is Ordered to Respond and to Produce Responsive Documents Within Seven (7) Days of the Date of This Order. (Marrujo, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ENNS PONTIAC, BUICK & GMC TRUCK, et al., ) ) ) ) ) ) ) ) ) ) ) ) ) ) 10 Plaintiffs, 11 v. 12 ORELIA FLORES, et al., 13 14 15 Defendants. 1:07cv01043 OWW DLB ORDER REGARDING REQUEST FOR CLARIFICATION OF COURT’S JULY 13, 2011 ORDER ON PLAINTIFFS’ MOTION TO COMPEL PEARCE’S RESPONSES AND DOCUMENTS RELATED TO ENNS’ DISCOVERY REQUESTS PROPOUNDED ON PEARCE (Document 188 and 245) ) 16 17 On June 3, 2011, Plaintiffs Enns Pontiac, Buick & GMC Truck, Earl L. Enns, Esther J. 18 Enns, Harold J. Enns and Patricia L. Enns (“Plaintiffs) filed a motion to compel Defendant John 19 Pearce’s answers to interrogatories and production of documents. The motion was heard on July 20 1, 2011, before the Honorable Dennis L. Beck, United States Magistrate Judge. 21 On July 13, 2011, the Court granted Plaintiffs’ motion to compel, finding that Defendant 22 Pearce’s untimely disclosure had “waived any objections to his RFP responses or to the 23 production of documents.” Doc. 245, July 13, 2011 Order (“Order”), p. 5. However, the Court 24 declined to extend the waiver “to documents . . . subject to the attorney-client privilege.” Order, 25 p. 5. Based on its findings, the Court ordered Defendant Pearce to produce the requested 26 documents within fourteen (14) days. 27 28 On August 8, 2011, Defendant Pearce submitted a letter brief seeking clarification of the Court’s Order. According to the letter, Defendant Pearce questions whether the Order required 1 1 production of documents comprising communications between his non-testifying expert, 2 Kleinfelder West, Inc., and his attorney, Kathleen Clack. 3 On August 8, 2011, Plaintiffs submitted a letter brief opposing Defendant Pearce’s 4 request. In their opposition, Plaintiffs explain that Defendant Pearce initially refused to produce 5 documents in response to the Court’s Order. Although they now have received some of the 6 requested documents, they have not received a privilege log for any remaining documents being 7 withheld by Defendant Pearce. Given Defendant Pearce’s actions, Plaintiffs seek (1) a finding 8 that Defendant Pearce has waived all privileges; and (2) an order that he produce all documents 9 responsive to their requests. 10 11 12 At this stage, the Court declines to find that Defendant Pearce has waived all privileges. Instead, the Court clarifies its Order as follows: Defendant Pearce has waived all objections and any claimed work-product 13 protection in responding to Plaintiffs’ Second Set of Requests for Production of Documents. 14 Defendant Pearce is therefore ordered to respond and to produce responsive documents within 15 seven (7) days of the date of this Order. 16 The Court’s finding of waiver does not extend to documents that are subject to the 17 attorney-client privilege. If Defendant Pearce intends to withhold any documents from this 18 production on the basis of attorney-client privilege, then he is ordered to produce a privilege log 19 to Plaintiffs within seven (7) days of the date of this Order. If documents remain in dispute 20 following production of a privilege log, then the parties may a request a ruling, if necessary, from 21 the Court. 22 23 24 IT IS SO ORDERED. Dated: August 9, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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