Rose et al v. Stephens Institute

Filing 87

ORDER GRANTING MOTION FOR LEAVE TO FILE A MOTION TO COMPEL re 86 Letter filed by Mitchell Nelson, Scott Rose, Lucy Stearns, Mary Aquino. Signed by Judge Joseph C. Spero on 6/18/14. (klhS, COURT STAFF) (Filed on 6/18/2014)

THE JAFFE LAW FIRM
150 CALIFORNIA STREET
21st Floor
SAN FRANCISCO, CA 94111

STEPHEN R. JAFFE
[e-mail]

B

K. B

[phone] VOICE
[phone] FAX

JaffeTrialLaw.com

AILEY
IFOSS
[e-mail]

June 17, 2014
SUSAN D. JAFFE
[e-mail]
CERTIFICATED PARALEGAL

The Hon. Joseph C. Spero
United States Magistrate Judge
Courtroom G - 15th Floor
450 Golden Gate Avenue
San Francisco, CA 94102
re:- US ex rel. Rose et al v. Stephens Institute dba Academy of Art University
Case No 09-CV-5966-PJH
Dear Judge Spero:
We are counsel for the relators in the above-entitled case. This letter is submitted jointly by the
parties. Defense counsel is aware of its submission and has been provided a copy.
A discovery dispute has arisen between the parties. We have had multiple meet and confer
contacts including two face-to-face meetings last week on June 11th and June 12th. Despite our good faith
efforts, we have been unable to informally resolve the issue.
The discovery dispute involves whether the production by defendant of approximately 1,000
pages of documents are protected by the attorney-client privilege. The plaintiff contends that, under the
facts and circumstances, the production of the documents constitutes a waiver of the attorney-client
privilege and that they are properly discoverable. The defense claims production of the documents was
“inadvertent” under the protective order in place in this action (copy enclosed) and that they remain
privileged and protected from discovery. Indeed, it was the plaintiff/relators who discovered the
production of the subject documents and, pursuant to the protective order, alerted defense counsel to that
fact.
The plaintiff/relators wish to bring a motion to compel production. We submit this joint letterin
line with the Court’s Standing Order B.(8) requirement we do so,

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Judge Jo

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cc: Defense Counsel

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Respectfully,
THE JAFFE LAW FIRM

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IT IS HEREBY ORDERED that the Motion for Leave
to file a Motion to Compel is GRANTED.
Dated: 6/18/14
S DISTRIC

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By:

/s/
Stephen R. Jaffe