Black & Veatch Corporation v. Midwest Towers, Inc.

Filing 110

Minute Entry for TELEPHONE CONFERENCE held before Magistrate Judge John T. Maughmer on 9/7/2011: granting 103 Sealed Motion; denying 107 Sealed Motion and sustaining assertion of joint defense privilege. To order a transcript of this hearing please contact Kerry Martinez, 816-512-5759. (Alexander, Pam)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION Black & Veatch Corp., Plaintiff, vs. Midwest Towers Inc., Defendant. ) ) ) ) ) ) ) ) Case No. 10-00318-CV-W-JTM Date: September 7, 2011 Page 1of 1 MINUTES OF TELEPHONE CONFERENCE HONORABLE JOHN T. MAUGHMER presiding at Kansas City, Missouri. ==================================================================== Nature of Proceeding: Telephone discovery conference re: Docs. 103 and 107 and joint defense privilege between defendants and non-party Strongwell. Time Commenced: 2:34 p.m. Plaintiff by: Roy Bash Lee Davis Tracey Ledbetter Time Terminated: 2:54 p.m. Total Time: 20 minutes Defendants by: Dave Erickson Tom Cordell Antwan Smith Chris Wills Remarks: Counsel for parties appear by phone for discovery conference regarding existence of joint defense privilege between MTI and non-party Strongwell, as well as Black and Veatch’s motion to compel and Midwest Tower’s motion for return of privilege documents. In accordance with the analysis and reasoning set forth by the Court on the record during the conference, the motion to compel [Doc. 103] is GRANTED; the motion for return of privilege documents [Doc. 107] is DENIED; and the court finds a sufficient commonality of interests between Midwest Tower and Strongwell to support assertion of the joint defense privilege. Motions Ruled: Doc 103 is GRANTED; Doc 107 is DENIED. Court Recessed at: 2:54 p.m. Court Reporter: ERO Kerry Martinez By: /s/Pamela Alexander Pamela Alexander, Law Clerk

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