IN RE: RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION - MDL 1869

Filing 370

ORDER granting in part and denying in part 340 Motion to Compel. Signed by Magistrate Judge John M. Facciola on 06/07/2010. (lcjmf1)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN RE: RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION MDL Docket No. 1869 Misc. No. 07-489 (PLF/JMF/AK)

This document relates to: ALL DIRECT PURCHASER CASES

ORDER In accordance with the accompanying memorandum opinion, the following is, hereby, ORDERED Plaintiffs' Motion to Compel Production of Documents [#340]1 is GRANTED IN PART AND DENIED IN PART. It is further, hereby, ORDERED that BNSF produce for an in camera review the five AAR-related documents to which plaintiffs object to the application of the attorney-client privilege. The documents should be produced to chambers within five days of this Order. It is further, hereby, ORDERED that UP produce for an in camera review the one document (PRIV-M-772) to which plaintiffs object to the application of the attorney-client privilege based on the subject matter ("client communication to attorney re attorney directed memorandum re telephone call with BNSF and request for attorney advice re revisions to memorandum"). The documents should be produced to chambers within five days of this Order. It is further, hereby, ORDERED that plaintiffs' motion to compel documents prepared in connection with

The motion to compel was filed under seal. Pursuant to the protection order in this case, plaintiffs also filed a public version of the motion. Both the sealed motion and the public version bear their own docket number. This opinion will refer to the docket number of the public filings of all documents.

1

STB proceedings and designated as protected by work-product privilege is DENIED. Defendants will not have to produce these documents. It is further, hereby, ORDERED that BNSF will produce for an in camera review those documents related to the STB hearings which BNSF withheld pursuant to the attorney-client privilege only, including: BNSF_LOG0000786-787, BNSF_LOG0000788-789, BNSF_LOG0002184, BNSF_LOG0002238, BNSF_LOG0002273-274, BNSF_LOG0010048-049, BNSF_LOG0010071, BNSF_LOG0010455-056, BNSF_LOG0011328, BNSF_LOG0011337, and BNSF_LOG0011338. The documents should be produced to chambers within five days of this Order. SO ORDERED.

Digitally signed by John M. Facciola Date: 2010.06.07 14:13:44 -04'00' __________________________________________
JOHN M. FACCIOLA UNITED STATES MAGISTRATE JUDGE