Lincoln Benefit Life v. Wilson

Filing 85

ORDER granting in part and denying in part 65 Motion to Compel. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LINCOLN BENEFIT LIFE,
Plaintiff,

4:13CV3210

vs.
ORDER
JAMES W. WILSON,
Defendant.
As to Defendant’s motion to compel, (Filing No. 65),

1)

After hearing the parties’ arguments, the defendant’s motion to compel the

30(b)(6) deposition on topics 4 through 9 is granted in part and denied in part as stated by
the court on the record. To be clear, the merits of the above-captioned lawsuit is at issue.
But under the pleadings, the reason the plaintiff chose to file and pursue litigation against
James Wilson is not relevant. Moreover, as to topics 4 through 9, for the efficient,
expeditious, and just progression of this lawsuit, counsel are encouraged to consider other
means, such as the deposition of Plaintiff’s anticipated expert, to elicit the requested
information.

2)

After reviewing, in camera, the disputed documents identified on Plaintiff’s

privilege log, (Filing No. 82), on or before February 26, 2015, the plaintiff shall produce
to the defendant Documents 4 and 5.

Documents 1, 3, and 31 were prepared in

anticipation of litigation, are work product, and may be withheld from production by the
plaintiff. Plaintiff’s counsel has represented that “there is no document associated with
the second item referenced on the privilege log.” (Filing No. 82).

February 19, 2015.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge