Lanovaz v. Twinings North America, Inc

Filing 192

SECOND INTERIM ORDER re In Camera Review. Signed by Magistrate Judge Howard R. Lloyd on 11/20/2015. (hrllc2, COURT STAFF) (Filed on 11/20/2015)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 NANCY LANOVAZ, 12 Case No. 5:12-cv-02646-RMW (HRL) Plaintiff, 13 v. SECOND INTERIM ORDER RE IN CAMERA REVIEW 14 TWININGS NORTH AMERICA, INC, 15 Defendant. 16 17 By November 30, 2015, defendant shall do the following: 18 1. Lodge a copy of PRIV_TW011 and PRIV_TW020 with the undersigned’s chambers. 19 2. In its supplemental briefing, defendant has made assertions about the nature of its 20 relationship with various third parties such that, defendant says, the attorney-client privilege 21 applies to communications involving those third parties. Defendant shall submit whatever 22 declaration(s) from appropriate person(s) are necessary to establish those assertions. See, e.g., 23 Energy Capital Corp. v. United States, 45 Fed. Cl. 481, 492 (2000) (“A detailed factual showing is 24 necessary to establish the relationship between the client and a third party that is sought to be 25 included within the protection of the attorney-client privilege.”).1 To the extent plaintiff feels it is 26 27 28 1 This court recognizes that its first interim order indicated that defendant’s supplemental briefing was limited to no more than a 5-page supplemental brief. (Dkt. 168). Therefore, in an abundance of caution, this court will give defendant an opportunity to support assertions made in that brief. 1 truly necessary for resolution of the dispute re privilege issues, she may file a response (no more 2 than 5 pages) to defendant’s declaration(s). Any such response shall be filed no later than 3 December 3, 2015. 4 5 SO ORDERED. Dated: November 20, 2015 ________________________ HOWARD R. LLOYD United States Magistrate Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 5:12-cv-02646-RMW Notice has been electronically mailed to: 3 Ben F. Pierce Gore pgore@prattattorneys.com, cotto@prattattorneys.com, dawn@cfbfirm.com, ntmaddux@barrettlawgroup.com, PTaylor@barrettlawgroup.com, rtrazo@prattattorneys.com 4 Brian K Herrington 5 Charles F. Barrett 6 bherrington@barrettlawgroup.com, bherrington@pacernotice.com charles@cfbfirm.com, dawn@cfbfirm.com Claudia Maria Vetesi cvetesi@mofo.com, lsario@mofo.com 7 J. Price Coleman colemanlawfirmpa@bellsouth.net 8 9 10 William Francis Tarantino wtarantino@mofo.com William Lewis Stern wstern@mofo.com, jhaskins@mofo.com, lisaflores@mofo.com, lwongchenko@mofo.com United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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