Hendrickson v. Waller et al

Filing 118

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that, no later than Monday, April 30, 2018, Ms. Hendrickson must produce the twelve Apportionment Documents submitted for in camera review to Defendants. See Order for full details. Signed by Magistrate Judge Shirley Padmore Mensah on 4/26/18. (Attachment: # 1 Privilege Log) (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ERINN HENDRICKSON, et al.,
Plaintiffs,
v.
JEFFERSON COUNTY, MISSOURI, et al.
Defendant.

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Case No. 4:17-CV-00217-SPM

MEMORANDUM AND ORDER
This matter is before the Court on its in camera review of several documents submitted to
the Court for inspection by Erinn Hendrickson. On April 19, 2018, the Court issued an order
finding that Ms. Hendrickson has generally waived the attorney-client privilege with regard to
settlement-related communications between herself and the Kodner Watkins firm that are dated
after the December 20, 2017, mediation date. (Doc. 112). The Court also found, however, that
information in those communications regarding the specific apportionment of settlement amounts
between the plaintiffs is irrelevant, remains privileged, and need not be produced. Accordingly,
the Court ordered Ms. Hendrickson to produce to the Court for in camera inspection all documents
listed in her Privilege Log that are dated after December 20, 2017, and that included the word
“apportionment” in the “Description” column (the “Apportionment Documents”). The Court
further stated that it would review the documents and provide a ruling regarding whether the
documents need to be produced to Defendants, and if so, whether they should be redacted.
Following the issuance of the order, Ms. Hendrickson submitted to the Court a Revised
Privilege Log, which is attached as an exhibit to this order. The Revised Privilege Log indicates
that some of the Apportionment Documents listed in the original Privilege Log were duplicates of
one another. The Revised Privilege Log also indicates, and Ms. Hendrickson’s counsel represented

to the Court by e-mail, that several of the Apportionment Documents have already been produced
to Defendants. The twelve remaining Apportionment Documents were submitted to the Court and
have been reviewed.
After review, the Court finds that each of the Apportionment Documents must be produced
to Defendants, but that some redactions are permitted because they pertain only to the
apportionment of the settlement amounts between the plaintiffs. Accordingly,
IT IS HEREBY ORDERED that, no later than Monday, April 30, 2018, Ms.
Hendrickson must produce the twelve Apportionment Documents submitted for in camera review
to Defendants. Ms. Hendrickson may redact those documents as follows:
1. In the email from Michael Schwade to Erinn Hendrickson and others dated January 23,
2018, at 10:08 a.m.:
a. In the first sentence of the paragraph beginning, “I understand,” Ms. Hendrickson
may redact the portion of the sentence that follows the word “and.”
b. In the paragraph beginning, “As you know,” Ms. Hendrickson may redact the entire
third sentence.
c. In the paragraph beginning, “The settlement breakdown is as follows,” Ms.
Hendrickson may redact all of the numerical dollar amounts.
2. In the email from Michael Schwade to Erinn Hendrickson and others dated January 23,
2018, at 4:33 pm., Ms. Hendrickson may redact the numerical dollar amounts.
3. To the extent that the emails described above are reproduced in other documents as part of
an email chain, they may be redacted as set forth above.
IT IS FINALLY ORDERED that when Ms. Hendrickson produces the redacted
documents to Defendants, Ms. Hendrickson must also submit a courtesy copy of the redacted
documents

to

the

Court

by

[e-mail].

email,

using

the

following

address:

SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 26th day of April, 2018.