Resolute FP Augusta, LLC v. SFC Contract Services of Georgia, LLC et al

Filing 73

ORDER regarding the in camera review of Plaintiff's 40 Response (containing interview notes). The Court could not find instances when the interview notes provided answers to questions the interviewees could not answer at their depositions; therefore, Plaintiff shall not be required to produce the interview notes. Signed by Magistrate Judge Brian K. Epps on 09/18/2018. (jlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION RESOLUTE FP AUGUSTA, LLC, Plaintiff, v. SFC CONTRACT SERVICES OF GEORGIA, LLC, and ALL-SAFE INDUSTRIAL SERVICES, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) _________ CV 117-147 ORDER _________ Before the Court is the parties’ request for in camera review of witness interview notes taken by Brian Norris soon after the incident in question. (Doc. nos. 38, 39, 40.) During the July 18, 2018 teleconference, the parties discussed Mr. Norris’s witness interview notes which Plaintiff withheld as work product. (Doc. no. 37.) Defendants argued the interview notes may provide answers to questions the interviewees could not remember by the time of their depositions. On August 10, 2018, the parties filed a consent motion for in camera review of the interview notes. (Doc. no. 38.) On August 15, 2018, the Court granted the motion and directed Plaintiff to file the notes with the Court to determine whether the notes contained the answers Defendants sought. (Doc. no. 39.) On August 21, 2018, Plaintiff responded to the Court’s order and submitted the withheld notes to the Court under seal. (Doc. no. 40.) Having reviewed the interview notes thoroughly, the Court could not find instances when the interview notes provided answers to questions the interviewees could not answer at their depositions. Therefore, Plaintiff shall not be required to produce the interview notes. SO ORDERED this 18th day of September, 2018, at Augusta, Georgia. 2

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