Bank of America, N.A, Successor to LaSalle Bank, National Association, a national banking association v. Veluchamy et al

Filing 539

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 7/22/2011:(srn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
BANK OF AMERICA, N.A., etc.,
Plaintiff,
v.
PETHINAIDU VELUCHAMY, et al.,
Defendants.

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No.

09 C 5109

MEMORANDUM ORDER
During the course of an extended motion call dealing with a
number of matters in this action and closely related Case No.
09 C 5108, this Court ruled orally on all motions other than a
set that had been initiated by third-party respondent McGladrey &
Pullen, LLP (“McGladrey”).

Those stemmed from McGladrey’s

invocation of an Illinois statute providing for an accountantclient privilege (225 ILCS 450/27) and from the objection by
plaintiff Bank of America, N.A. (“Bank of America”) to
McGladrey’s proposal for a protective order in that respect.
This Court’s review of that dispute indicates that both
sides are partially right and partially wrong in their
contentions.

There is no doubt that the asserted privilege

exists, but the question as to the scope of its coverage in this
action is more difficult--a problem highlighted by Bank of
America’s response in opposition to the motion (Dkt. 488).
Because McGladrey has already responded to Bank of America’s
subpoena in substantial part, this Court has determined that the

best way to cut the Gordian knot is for McGladrey to provide Bank
of America with a privilege log and to provide this Court in
camera with copies of (1) the privilege log and (2) the
assertedly privileged documents, coupled with a brief explanation
as to why McGladrey’s counsel believe that those documents are
not outside the scope of the claimed privilege for the reasons
described in Dkt. 488.
Accordingly McGladrey’s counsel is ordered to comply with
those requirements on or before August 2, 2011.

This Court will

then determine what further input may be required from the
combatants in addition to this Court’s own review of the supplied
materials.1

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Milton I. Shadur
Senior United States District Judge
Date:

July 22, 2011

1

In Clerk’s Office terms, Dkt. Nos. 458, 465 and 467 are
granted in part and denied in part.
2