Butler v. State of Louisiana, Louisiana Department of Safety and Corrections et al

Filing 64

ORDER: Any opposition by Matrix, Inc., to Plaintiffs 51 Motion to Compel, must be filed by 8/1/2014. The Clerk of Court shall serve a copy of this Ruling on non-party, Matrix, Inc., through the Courts electronic filing system. Plaintiff shall provide non-party, Matrix, Inc., with a copy of the Courts Order. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 7/25/2014. (SMG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

SCOTT BUTLER

CIVIL ACTION

VERSUS

NO. 12-420-BAJ-RLB

STATE OF LOUISIANA DEPARTMENT
OF PUBLIC SAFETY AND
CORRECTIONS, et al

ORDER
Before the Court is Plaintiff’s Motion to Compel (R. Doc. 51), filed on June 30, 2014. In
his Motion, Plaintiff asks the Court to compel a non-party, Matrix, Inc., to produce documents
previously requested by Plaintiff through Rule 45 subpoenas. (R. Docs. 51-9, 51-10). Matrix
served written objections (R. Doc. 51-12) in response to his second subpoena (R. Doc. 51-10),
Matrix withheld certain documents as privileged on behalf of Defendants — i.e., “the privilege
holder of the documents sought.” (R. Doc. 56 at 1). Plaintiff now seeks a Court order
compelling production of documents withheld under the attorney-client privilege. Although
Plaintiff moves to compel documents from Matrix only, Defendants appropriately filed an
Opposition (R. Doc. 56) to the Motion to Compel because they claim a “privilege with respect to
the materials subpoenaed.” Brown v. Braddick, 595 F.2d 961, 967 (5th Cir. 1979).
Plaintiff served Matrix, Inc. (R. Doc. 53), with a copy of the Motion to Compel on July
18, 2014 (R. Doc. 59). Defendants, the actual holders of the privilege, have already responded.
Considering that, along with the age of this litigation and the time constraints imposed by the
third amended Scheduling Order (R. Doc. 48),

IT IS ORDERED that any opposition by Matrix, Inc., to Plaintiff’s Motion to Compel
(R. Doc. 51), must be filed by August 1, 2014. The Clerk of Court shall serve a copy of this
Ruling on non-party, Matrix, Inc., through the Court’s electronic filing system. Additionally,
Plaintiff shall provide non-party, Matrix, Inc., with a copy of the Court’s Order.
Signed in Baton Rouge, Louisiana, on July 25, 2014.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE