STRATEGIC MANAGEMENT HARMONY, LLC et al v. ENHANCED BUSINESS REPORTING CONSORTIUM, INC. et al

Filing 332

ORDER ON PLAINTIFF'S SUPPLEMENTAL MOTION TO COMPEL - 308 Supplemental Motion to Compel is GRANTED in part and DENIED in part. The Mag. Judge concludes that the documents other than those described below are protected by the attorney-client pr ivilege and that privilege was not waived for the specific reasons described in Grant Thornton's brief at pages 3 and 4. There are certain documents which the Mag. Judge believes must be reviewed in camera before further determination can be ma de as to whether they are protected by attorney-client privilege. Grant Thornton shall provide the following documents for in camera review by the Mag. Judge within 15 days of the date of this entry: Documents GTSH0003-05, 0008, 0871-72, and 0883-86; GTSH0158, 0164-67, 0178, 0184, and 0197. The Mag. Judge will enter an additional order concerning the remaining documents after the in camera review. See Order for details. Signed by Magistrate Judge William G. Hussmann, Jr on 10/20/2009. (LBT)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION SUSAN HINDS, individually, and as CEO of Strategic Management Harmony, LLC, and BFC SOLUTIONS, INC., Plaintiffs, v. ENHANCED BUSINESS REPORTING CONSORTIUM, INC., GRANT THORNTON, LLP, PRICEWATERHOUSE COOPERS, LLP, AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS, MICROSOFT, INC., MIKE STARR, as managing partner of Grant Thornton, LLP, and as a founding partner of Enhanced Business Reporting Consortium, Inc., JOHN O'CONNER, as Chairman of Services of Priceswaterhouse Coopers, LLP, and as a founding partner of Enhanced Business Reporting Consortium, Inc., ALAN ANDERSON, as Senior Vice President of Member Services of American Institute of Certified Public Accountants and as a founding partner of Enhanced Business Reporting Consortium, Inc., and BOB LAUX, as Director of Financial Reporting for Microsoft, Inc., and as a founding partner of Enhanced Business Reporting Consortium, Inc., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4:05-cv-180-DFH-WGH

ORDER ON PLAINTIFFS' SUPPLEMENTAL MOTION TO COMPEL
This matter is before the Honorable William G. Hussmann, Jr., United, States Magistrate Judge, upon Plaintiff's Supplemental Motion to Compel Based

on Court Order Dated August 20, 2009, filed September 3, 2009. (Docket No. 308). Defendant Grant Thornton LLP filed its response in opposition on September 21, 2009. (Docket Nos. 319-20). Plaintiff filed a reply brief on October 15, 2009. (Docket No. 330). The Magistrate Judge has reviewed the privilege log submitted by Defendant Grant Thornton LLP ("Grant Thornton") and the arguments of the parties in their briefs. The Magistrate Judge concludes that Grant Thornton's assertion of the attorney-client privilege is well-taken with respect to all of the documents listed in the privilege log, except for certain documents which are discussed further below. The Magistrate Judge concludes that the documents other than those described below are protected by the attorney-client privilege and that privilege was not waived for the specific reasons described in Grant Thornton's brief at pages 3 and 4. There are certain documents which the Magistrate Judge believes must be reviewed in camera before further determination can be made as to whether they are protected by the attorney-client privilege. Those documents are as follows: 1. Documents GTSHOOO3-05, 0008, 0871-72, and 0883-86 must be reviewed in camera to determine whether they, in fact, contain legal advice or mental impressions. 2. Documents GTSH0158, 0164-67, 0178, 0184, and 0197 must also be reviewed in camera to determine whether those representations concerning an attorney's legal advice or mental impressions are well placed.

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Grant Thornton shall provide the above listed documents for in camera review by the Magistrate Judge within fifteen (15) days of the date of this entry. Therefore, Plaintiff's Supplemental Motion to Compel is GRANTED, in part, and DENIED, in part. The Magistrate Judge will enter an additional order concerning the remaining documents after in camera review. SO ORDERED. Dated: October 20, 2009
__________________________ William G. Hussmann, Jr. United States Magistrate Judge Southern District of Indiana

Copies to: SUSAN HINDS 1313 Gleneagles Place Greendale, IN 47025 Michael J. Buddendeck AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS [e-mail] M. Faiyaz Hussain GRANT THORNTON LLP 175 W. Jackson Blvd. Chicago, IL 60604 Steven P. Langdon MCNEELY STEPHENSON THOPY & HARROLD -NA [e-mail] Gray A. Mateo NEAL, GERBER & EISENBERG, LLP [e-mail]

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Joseph W. Muccia THOMPSON HINE LLP [e-mail] Sandra H. Perry BOSE MCKINNEY & EVANS, LLP [e-mail] Gene F. Price FROST BROWN & TODD [e-mail] David Brian Ritter NEAL GERBER & EISENBERG LLP [e-mail] William Michael Sunkel WINSTON & STRAWN LLP [e-mail] David L. Swider BOSE MCKINNEY & EVANS, LLP [e-mail]

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