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

Filing 2632

MEMORANDUM AND ORDER. This matter comes before the Court on the Court's in camera review of Non-Party BMO Harris Bank, N.A.'s Documents 4-7, 15, 19, and 21-23, as listed in their privilege log. The Court makes the following rulings. (See Full Order.) BMO Harris shall produce these documents to Plaintiff within five business days of this order. Signed by District Judge E. Richard Webber on 8/23/2018. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JO ANN HOWARD & ASSOCIATES, P.C.,
et al.,
Plaintiff(s),
v.
J. DOUGLAS CASSITY, et al.,

Defendant(s).

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No. 4:09CV01252 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on the Court’s in camera review of Non-Party BMO
Harris Bank, N.A.’s Documents 4-7, 15, 19, and 21-23, as listed in their privilege log. The Court
makes the following rulings.
1.

Document 4 shall be produced in its entirety. It is not privileged because it

concerns only underlying facts and the communication does not reflect privileged advice from an
attorney.
2.

Document 5 shall be produced in its entirety. It is not privileged because it

concerns only underlying facts and the communication does not reflect privileged advice from an
attorney.
3.

Document 6 shall be produced in its entirety. It does not reflect privileged advice

from an attorney.
4.

Document 7 shall be produced in its entirety. It is not privileged because it

concerns only underlying facts and the communication does not reflect privileged advice from an
attorney.

5.

Document 15 shall be produced in its entirety. It is not privileged because it

concerns only underlying facts and the communication does not reflect privileged advice from an
attorney.
6.

Document 19 shall be produced in its entirety. It is not privileged because the

communication does not reflect privileged advice from an attorney.
7.

Document 21 shall be produced with redactions. Section III, Parts A, B, C, and D

on pages 70-71 of the document shall be redacted, because they contain legal advice. The
remainder of the document is not privileged and shall be produced.
8.

Document 22 shall be produced in its entirety. It is not privileged because it

concerns only underlying facts and the communication does not reflect privileged advice from an
attorney.
9.

Document 23 shall be produced with redactions. Section I, Part B shall be

redacted, because it contains legal advice. The remainder of the document shall be produced.
BMO Harris shall produce these documents to Plaintiff within five business days of this
order.
So Ordered this 23rd Day of August, 2018.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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