Garrard v. Pirelli Tire LLC et al

Filing 86

ORDER re In Camera Review of Documents. Plaintiffs shall produce documents consistent with this Order by 5/18/2012. Signed by Magistrate Judge Donald G. Wilkerson on 5/14/12. (alg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ROBERT T. GARRARD, et al.,

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Plaintiffs,
v.
PIRELLI TIRE LLC, et al.,
Defendants.

Case No. 11-cv-00824-GPM-DGW

ORDER
Pursuant to the Court’s Order dated April 27, 2012, Plaintiffs Robert Garrard and
William Jasper submitted, for in camera review, all documents referring or relating to
settlements, covenants not to sue, releases, loan agreements or any other stipulations or
agreements between any plaintiff and any person or entity against whom any plaintiff has or had
a claim arising from or relating to the subject occurrence as requested by Defendant Pirelli Tire
LLC in its discovery requests. The Court has reviewed the documents in camera and hereby
ORDERS the following:
DOCUMENTS SUBMITTED BY PLAINTIFF ROBERT GARRARD
NATURE OF THE
DOCUMENT

DATE

String of email
communications between
Becky Hayes, Chris
Kolker, Benjamin
Willman about scheduling
a conference call to
discuss the case

June 6, 2011

String of email
communications between
Becky Hayes, Chris
Kolker, Benjamin
Willman and Brad Lakin

July 6, 2011

PRIVILEGES
ASSERTED BY
PLAINTIFF
Work-Product;
Common
Interest/Joint
Prosecution

Work-Product;
Common
Interest/Joint
Prosecution

RULING
These documents
shall be produced –
they are not subject
to the Work-Product
or Common
Interest/Joint
Prosecution
privileges.
These documents
shall not be
produced as they are
protected by WorkProduct and

regarding the state action

String of email
communications between
Becky Hayes, Brad Lakin,
Chris Kolker and
Benjamin Willman
regarding dismissal of the
state action

July 7, 2011

Work-Product;
Common
Interest/Joint
Prosecution

Two email
communications between
Brad Lakin, Chris Kolker,
Benjamin Willman and
Becky Hayes regarding
the tolling agreement

August 23, 2011

Work-Product;
Common
Interest/Joint
Prosecution

String of email
communications between
Brad Lakin, Benjamin
Willman, Chris Kolker,
Brian Burge and Becky
Hayes regarding the
tolling agreement

August 26, 2011
August 28, 2011
August 29, 2011

Work-Product;
Common
Interest/Joint
Prosecution

String of email
communications between
Chris Kolker, Brian
Burge, Benjamin
Willman, Brad Lakin and
Becky Hayes regarding
the tolling agreement and
arbitration clause

August 30, 2011
September 1, 2011
September 2, 2011

Work-Product;
Common
Interest/Joint
Prosecution

One email communication
from Benjamin Willman
to Brian Burge, Brad
Lakin, Chris Koler and
Becky Hayes regarding
the commencement of the
federal action

September 6, 2011

Work-Product;
Common
Interest/Joint
Prosecution

2

Common
Interest/Joint
Prosecution
privileges.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.

Two email
communications between
Brian Burge, Benjamin
Willman, Chris Kolker,
Brad Lakin and Becky
Hayes regarding the
federal action and the
tolling and arbitration
agreements
String of email
communications between
Chris Kolker, Cheryl
Callis, Scott Bjorseth,
Benjamin Willman and
Charlene regarding the
federal action and the
tolling and arbitration
agreements
String of email
communications between
Chris Kolker, Benjamin
Willman, Brad Lakin and
Brian Burge regarding the
commencement of the
federal action and the
tolling agreement

September 6, 2011
September 8, 2011

Work-Product;
Common
Interest/Joint
Prosecution

September 1, 2011
September 8, 2011
September 9, 2011
September 12, 2011

Work-Product;
Common
Interest/Joint
Prosecution

September 13, 2011

Work-Product;
Common
Interest/Joint
Prosecution

These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.
This document shall
be produced – it is
not subject to the
Work-Product or
Common
Interest/Joint
Prosecution
privileges.

DOCUMENTS SUBMITTED BY PLAINTIFF WILLIAM JASPER
NATURE OF THE
DOCUMENT

DATE

String of email
communications between
Becky Hayes, Chris
Kolker, Benjamin
Willman about setting up
a conference call
String of email
communications between
Benjamin Willman, Chris
Kolker, Brad Lakin,
Becky Hayes and
Charlene regarding the
commencement of the
federal action, the tolling
agreement and scheduling
a conference call

PRIVILEGE
ASSERTED BY
PLAINTIFF
Attorney-Client

June 6, 2011

June 23, 2011
June 24, 2011
June 26, 2011
June 27, 2011
July 6, 2011
July 7, 2011

Attorney-Client

3

RULING
These documents
shall be produced –
they are not subject
to the AttorneyClient privilege.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.

Email communication
from Chris Kolker to
Benjamin Willman, Deme
Sotiriou, Cheryl Callis and
Scott Bjorseth regarding
the filing a dismissal
String of email
communications between
Benjamin Willman, Brad
Lakin, Chris Kolker and
Becky Hayes regarding
the dismissal of the state
action and
commencement of the
federal action
Email communication
from Chris Kolker to
Benjamin Willman
regarding the tolling
agreement and arbitration
clause

String of email
communications between
Benjamin Willman, Chris
Kolker, Brad Lakin, Brian
Burge and Becky Hayes
regarding the
commencement of the
federal action, the tolling
agreement and arbitration
clause
String of email
communications between
Chris Kolker, Cheryl
Callis, Scott Bjorseth,
Benjamin Willman and
Charlene regarding the
tolling agreement and
arbitration clause
String of email
communications between
Benjamin Willman, Chris
Kolker, Brad Lakin, Brian
Burge and Becky Hayes
regarding the
commencement of the

August 3, 2011

Attorney-Client

These documents
shall be produced –
they are not subject
to the AttorneyClient privilege.

August 3, 2011
August 11, 2011
August 19, 2011
August 23, 2011

Attorney-Client

August 25, 2011

Attorney-Client

August 26, 2011
August 28, 2011
August 29, 2011
August 30, 2011

Attorney-Client

These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.

September 1, 2011
September 2, 2011
September 8, 2011
September 9, 2011

Attorney-Client

September 6, 2011
September 8, 2011
September 9, 2011
September 12, 2011

Attorney-Client

4

These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint

federal action
String of email
communications between
Benjamin Willman, Brad
Lakin and Chris Kolker
regarding expert witness
expenses

September 9, 2011

Attorney-Client

String of email
communications between
Brad Lakin, Benjamin
Willman and Brian Burge
regarding the amended
complaint in the federal
action
Email communication
from Chris Kolker to
Benjamin Willman and
Brad Lakin regarding the
tolling agreement

September 13, 2011

Attorney-Client

September 13, 2011

Attorney-Client

Prosecution
privileges.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.
These documents
shall be produced –
they are not subject
to the AttorneyClient privilege.
These documents
shall not be
produced as they are
protected by WorkProduct and
Common
Interest/Joint
Prosecution
privileges.

Based upon the foregoing, Plaintiffs are hereby ORDERED to produce the documents
consistent with this Order by May 18, 2012.
IT IS SO ORDERED.
DATED: May 14, 2012
____________________________
DONALD G. WILKERSON
United States Magistrate Judge

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