Jo Ann Howard and Associates, P.C. et al v. Cassity et al

Filing 1563

MEMORANDUM AND ORDER re: 1531 Memorandum and Order - IT IS HEREBY ORDERED that a listed counsel of record for the Wittner Firm shall promptly retrieve the submitted box folders from chambers with proper identification. IT IS FURTHER ORDERED that Wittner Defendants firm shall supply copies of all non-privileged documents to Plaintiffs within seven (7) days of this Order. Signed by District Judge E. Richard Webber on May 21, 2014. (MCB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JO ANN HOWARD & ASSOCIATES, P.C., et al., Plaintiffs, vs. J. DOUGLAS CASSITY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 4:09CV01252 ERW MEMORANDUM AND ORDER On May 8, 2014, this Court entered a Memorandum and Order relating to In Camera Review of boxes provided to the Court by Wittner Defendants. The Court ordered that documents for which privilege was claimed, but not initially produced in the boxes supplied to the Court, be submitted to the Court for review. Additional documents were supplied to the Court on May 15, 2014. The Court has now completed reviewing the subsequently supplied documents and makes the following rulings of “P” (privileged) or “NP” (not privileged): Box 1 11/28/84 letter written to Doug Cassity with attachments - P 10/29/82 communication Wittner for Doug Cassity - P Box 23 8/22/02 letter from Pam to Jean referencing Tyler Cassity - P Box 25 E-mail 11/02/07 Theresa to Spewak - NP Box 27 05/24/07 letter Spewak to Nekol Province - NP Filed named “Miscellaneous Documents” Letter to James Crawford from Spewak 3/28/08 with privileged attachments - P Two operating agreements of JIEL Artifacts 1/17/08 - NP E-mail 10/27/09 Jim Crawford to Wittner w/ attachments - NP 01/10/08 fax to Dave - unknown sender - NP 07/13/09 letter Spewak to James Crawford mentioning attachments that are missing - NP Phone call memo 10/25/(?) to Mr. Crawford from Jen - NP Internal Revenue Service letter “Legal Name Wealth and Health Resources” to Spewak - NP Three-page Certificate of Incorporation from Secretary of State dated 6/25/09 for Wealth and Health Resources, Inc. - NP Six-page “Operating Agreement” dated 06/05/09 page 5 missing - NP Box 31 Notes - undated - reference Jim Crawford - P 05/13/07 Memorandum referencing Cindy and Randy Singer - NP Box 32 E-mail 09/09/02 Tyler Cassity to Wittner - P 11/07/02 Memorandum from H. Wittner to Tyler Cassity with attachments - NP E-mail 12/03/02 from H. Wittner to Tyler Cassity - P E-mail 11/27/02 from H. Wittner to Tyler Cassity and E-mail Tyler Cassity to H. Wittner with attachments - P Undated notes from “Howard to NPS” - P Duplicate e-mail 11/21/02 K. Scannell to H. Wittner - P 11/22/02 Memorandum K. Scannell to H. Wittner - P 2 Box 74 1,065 pages of documents - NP IT IS HEREBY ORDERED that a listed counsel of record for the Wittner Firm shall promptly retrieve the submitted “box folders” from chambers with proper identification. IT IS FURTHER ORDERED that Wittner Defendants’ firm shall supply copies of all non-privileged documents to Plaintiffs within seven (7) days of this Order. So Ordered this 21st day of May, 2014. _________________________________________ E. RICHARD WEBBER SENIOR JUDGE E. RICHARD WEBBER 3

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