Logsdon v. BNSF Railway Company et al

Filing 95

ORDER: As to the court's in camera review of Defendants' privilege log and associated documents, 94 , Defendants are given until July 19, 2016 to file affidavits (and any briefing they wish to file) in support of their claims of privilege, with Plaintiff given until August 2, 2016 to file any response. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STEVEN C. LOGSDON,
Plaintiff,

8:15CV232

vs.
ORDER
BNSF RAILWAY COMPANY, AND a
corporation; and ANDREW CALLAHAN,
an individual;
Defendants.
The undersigned magistrate judge has reviewed the railroad’s privilege log and
attached documents, filed under seal as Filing No. 94. The court asked defense counsel
to forward these documents to chambers for review in camera, with the hope that any
privilege—or lack thereof—would be readily apparent, thus obviating the need for
supporting affidavits explaining why the documents were generated or created. While
most of the documents are self-explanatory, some are not—at least not without a full
command of the underlying facts of the case.1

And under such circumstances,

Defendants must be allowed to supplement the record so the court can fully and fairly
evaluate their privilege and work product claims.
IT IS ORDERED that Defendants are given until July 19, 2016 to file affidavits
(and any briefing they wish to file) in support of their claims of privilege as to the
documents listed in the privilege log, with Plaintiff given until August 2, 2016 to file any
response.
July 8, 2016.

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

1

To be clear, the court is not stating the privilege log deficient. As between
counsel for the parties, who have a working knowledge of this case, it provides a
sufficient basis for knowing whether to challenge Defendants’ privilege claims and
demand production. But for the court, further explanation is needed to complete the
record and avoid the risk of rulings based on erroneous assumptions.