San Diego Unified Port District v. Monsanto Company et al

Filing 289

ORDER Re Defendants' In Camera Submission. Signed by Magistrate Judge Marc L. Goldman on 11/13/2018.(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SAN DIEGO UNIFIED PORT DISTRCT,

Case No.: 15-cv-0578-WQH-AGS

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a public corporation; and CITY OF SAN

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DIEGO, a municipal corporation,

ORDER re DEFENDANTS’ IN
CAMERA SUBMISSION

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Plaintiffs,

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v.

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MONSANTO COMPANY, SOLUTIA

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INC., and PHARMACIA

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CORPORATION,

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Defendants.

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The Court has concluded the in camera review of Defendants’ revised privilege

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log and the underlying documents referenced in the privilege log. This review was made

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to determine whether Defendants had met their burden to show that the documents were

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protected from disclosure by the attorney client privilege and/or the work product

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doctrine. In doing so, the Court was guided by the standards established in the decision of

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the United States Court of Appeals for the Ninth Circuit in In re Grand Jury

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Investigations, 974 F.3d 1068 (9th Cir. 1992), both in conducting the review and

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determining those documents deserving of protection.

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15-cv-0578-WQH-AGS

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After reviewing the documents, the Court finds that Defendants have met their

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burden to demonstrate that a portion of the documents are protected from disclosure by

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the existence of the attorney client privilege or under the work product doctrine.

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However, the Court finds that the following documents, identified by the tabs in the

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binder provided to the Court, are not protected and must be provided to Plaintiffs within

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14 days of this date:

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1769; 2485; 2487; 2990; 3101; 3221; 3397; 3398; 3399; 3400; 3401; 3402; 3403; 3730;

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3805; 3897; 3987; 4081; 4522; 5030; 5031; 5032; 5373; 5452; 5581; 5800; 5802; 5803;

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5844; 5846; 5879; 6163; 6317; 6475; 6476; 6562; 6572; 6573; 6574; 6576; 6579; 6580;

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6584; 6664; 6665; 6667; 6669; 6675; 6677; 6706; 6729; 6803; 7064; 7102; and 8617.

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Dated November 13, 2018

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Magistrate Judge Marc L. Goldman

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15-cv-0578-WQH-AGS