Fant et al v. Ferguson, Missouri, City of

Filing 80

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion for an order pursuant to Federal Rule of Evidence 502(d) is GRANTED in part, to the extent that the Court will separately enter a Rule 502(d) order. (Doc. No. 75.) IT IS FURTHER ORDERED that the Court shall hold a hearing on Plaintiffs' motion to compel (Doc. No. 73 ) on Friday, December 2, 2016 at 1:30 p.m., in Courtroom 12S. (Motion Hearing set for 12/2/2016 01:30 PM in Courtroom 12S before District Judge Audrey G. Fleissig.) Signed by District Judge Audrey G. Fleissig on November 18, 2016. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

KEILEE FANT, et al.,
Plaintiffs,
vs.
THE CITY OF FERGUSON,
Defendant.

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No. 4:15-CV-00253-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs’ motion (Doc. No. 73) to compel
production of documents and the motion (Doc. No. 75) of Defendant, the City of Ferguson
(“City”), for an order pursuant to Federal Rule of Evidence 502(d), that the disclosure of
privileged information connected with this case not be deemed a waiver of the privilege in
this case or in any other federal or state proceeding.
Upon careful consideration, the Court will grant the City’s motion to the extent it
requests a Rule 502(d) order.1 Although Plaintiffs assert that such an order is not
necessary, they do not assert that it would prejudice them in any way. Therefore, the
Court will separately enter a Rule 502(d) order.
With respect to the remainder of the parties’ discovery motions, however, the Court
believes that a hearing is required. Despite repeated review of the parties’ filings, the
Court is unable to ascertain the status of discovery or the contours of the parties’ dispute.
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The City’s motion also includes a request that it be permitted to produce documents
subject to a limited list of search terms. The Court will defer ruling on this aspect of the
City’s motion until it holds a hearing on the matter.

Accordingly,
IT IS HEREBY ORDERED that Defendant’s motion for an order pursuant to
Federal Rule of Evidence 502(d) is GRANTED in part, to the extent that the Court will
separately enter a Rule 502(d) order. (Doc. No. 75.)
IT IS FURTHER ORDERED that the Court shall hold a hearing on Plaintiffs’
motion to compel (Doc. No. 73) on Friday, December 2, 2016 at 1:30 p.m., in Courtroom
12S.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 18th day of November, 2016.

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