Central Valley Ag Cooperative et al v. Leonard et al

Filing 104

ORDER - that as to the third-party subpoena Defendant The Benefit Group, Inc. (TBG) intends to serve on Holmes Murphy and Associates: As to documents created or received before Beau Reid, Division Leader for Holmes Murphy, was retained as a consultin g expert (in December 2017, specific date to be provided by Plaintiffs), Holmes Murphy shall produce all documents requested in the subpoena. As to documents created or received after the date Beau Reid was retained as a consulting expert, Holmes Mur phy shall produce all documents requested in the subpoena except as follows: a. Documents reflecting expert consultation discussions or opinions arising from communications between Plaintiffs' counsel and Beau Reid need not be produced nor itemi zed on a privilege log. b. Documents reflecting expert consultation discussions or opinions arising from communications between Plaintiffs or their representatives and Beau Reid, and initiated or performed at the direction of Plaintiffs' counsel , need not be produced in response to the subpoena, but such documents must be identified on a privilege log, and that privilege log shall be accompanied by an affidavit or declaration under oath explaining why Plaintiffs contend such documents are w ork product and not subject to discovery. The underlying business or other documents (excluding documents or document summaries authored by Plaintiffs' counsel) in Holmes Murphy's possession and reviewed and interpreted by Beau Reid to formulate and provide consulting opinions or explanations are not protected from disclosure under this order. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CENTRAL VALLEY AG
COOPERATIVE, et. al;
8:17CV379
Plaintiffs,
ORDER

vs.
DANIEL K. LEONARD, SUSAN
LEONARD, THE BENEFIT GROUP,
INC., ANASAZI MEDICAL PAYMENT
SOLUTIONS, INC., CLAIMS
DELEGATE SERVICES, LLC, and
GMS BENEFITS, INC.,
Defendants.
After conferring with counsel, (Filing No. 103),

IT IS ORDERED that as to the third-party subpoena Defendant The Benefit
Group, Inc. (TBG) intends to serve on Holmes Murphy and Associates:
1)

As to documents created or received before Beau Reid, Division

Leader for Holmes Murphy, was retained as a consulting expert (in December
2017, specific date to be provided by Plaintiffs), Holmes Murphy shall produce all
documents requested in the subpoena.
2)

As to documents created or received after the date Beau Reid was

retained as a consulting expert, Holmes Murphy shall produce all documents
requested in the subpoena except as follows:
a.

Documents reflecting expert consultation discussions or opinions
arising from communications between Plaintiffs’ counsel and Beau
Reid need not be produced nor itemized on a privilege log.

b.

Documents reflecting expert consultation discussions or opinions
arising from communications between Plaintiffs or their
representatives and Beau Reid, and initiated or performed at the
direction of Plaintiffs’ counsel, need not be produced in response to
the subpoena, but such documents must be identified on a privilege
log, and that privilege log 1 shall be accompanied by an affidavit or
declaration under oath explaining why Plaintiffs contend such
documents are work product and not subject to discovery.

3)

The underlying business or other documents (excluding documents

or document summaries authored by Plaintiffs’ counsel) in Holmes Murphy’s
possession and reviewed and interpreted by Beau Reid to formulate and provide
consulting opinions or explanations are not protected from disclosure under this
order.
September 14, 2018.

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

1

For each document withheld, Plaintiffs’ privilege log must provide a
description of the document with as much specificity as is practicable without
disclosing its contents, including:
(a)

the general nature of the document;

(b)

the identity and position of its author;

(c)

the date it was written;

(d)

the identity and position of its addressee;

(e)

the identities and positions of all persons who were given or have
received copies of it and the dates copies were received by them;

(f)

the document's present location and the identity and position of its
custodian; and

(g)

the specific reason or reasons why it has been withheld from
production or disclosure.
2