Phase II Chin, LLC et al v. Forum Shops, LLC et al

Filing 332

ORDER that Plaintiff Love & Money, LLCs First Motion to Compel Discovery from the Caesars Defendants and for Sanctions 212 is granted in part and denied in part. The Caesars Defendants shall produce the non-privileged material discussed above to P laintiffs on or before 11/8/10. If they have not already done so, the Caesars Defendants shall disclose the unredacted portions of the materials discussed above to Plaintiffs on or before 11/8/10. The Court finds an award of sanctions is not warranted. Signed by Magistrate Judge George Foley, Jr on 10/21/10. (Copies have been distributed pursuant to the NEF - ECS)

Phase II Chin, LLC et al v. Forum Shops, LLC et al

Doc. 332

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This matter is before the Court on Plaintiff Love & Money, LLC's First Motion to Compel Discovery from the Caesars Defendants and for Sanctions (#212), filed March 23, 2010; Caesars Defendants' Opposition to Plaintiff Love & Money, LLC's First Motion to Compel Discovery from the Caesars Defendants and for Sanctions (#229), filed April 16, 2010; Plaintiff Love & Money, LLC's Reply to Caesars Opposition to Motion to Compel Discovery from Caesars (#238), filed April 26, 2010; and Caesars Defendants' Notice of Submittal of Privileged Documents for In Camera Review, received by the Court on September 1, 2010. The Court held a hearing on this matter on May 12, 2010. Defendants Caesars Palace Corp. and Caesars Palace Realty Corp. (the "Caesars Defendants") submitted the present pleading and attached documents in compliance with the Court's May 12, 2010 Order (#260). At the conclusion of the May 12, 2010 hearing, the Court ordered the parties to further confer regarding disclosure of the documents at issue. (#260). If no consensus could be reached regarding the documents' privileged status, the Court ordered the Caesars Defendants to submit the documents for in camera review to determine if they qualify as privileged. Based on the Forum Defendants' submission and the prior pleadings, the Court will now determine whether the documents are privileged under the joint defense agreement, attorneyclient privilege or work-product doctrine: PHASE II CHIN, LLC, et al., ) ) Plaintiffs, ) ) vs. ) ) FO RUM SHOPS, LLC, et al., ) ) Defendants. ) __________________________________________) UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case No. 2:08-cv-00162-JCM-GWF ORDER M otion to Compel Discovery - #212

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Docume nts Caesars 01577 Caesars 01626-28

Privile ge De cis ion Privileged Privileged

Re as oning Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM and the preparation of materials in anticipation of litigation. The redacted email is not privileged as it merely discusses the existence of a media article on Poetry nightclub and does not seek or provide legal advice. The redacted email is not privileged as it merely discusses factual details related to flyers and does not seek or provide legal advice. Counsel for Caesars discusses legal strategy with Caesars representatives regarding the Nevada Gaming Control Board. Counsel for Caesars discusses legal strategy with Caesars representatives regarding shooting incident. Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM and the preparation of materials in anticipation of litigation. Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. Counsel for Caesars discusses legal strategy with Caesars representatives regarding Poetry and the preparation of materials in anticipation of litigation.

Caesars 01636

Not privileged

Caesars 01641-42

Not privileged

Caesars 01654-61

Privileged

Caesars 01667-70 Caesars 01704-05; Caesars 01706-07; and Caesars 01709-11 Caesars 01719-20 Caesars 01722-23; Caesars 01725-26; Caesars 01728-30; Caesars 01731-32; Caesars 01734; Caesars 01740-41; Caesars 01743-44; Caesars 01746-47 and Caesars 01753-62 Caesars 01785-87 and Caesars 01788-90 Caesars 01799-1800 and Caesars 01802-03

Privileged Privileged

Privileged Privileged

Privileged

Counsel for Caesars discusses legal strategy with Caesars representatives regarding security and the preparation of materials in anticipation of litigation. Counsel for Caesars discusses legal strategy with Caesars representatives and Forum Shops representatives regarding OPM. The communication is privileged under the attorney-client privilege and the joint defense agreement.

Privileged

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Caesars 01822 and Caesars 01824-25 Caesars 01863-65; Caesars 01867-68; and Caesars 01873 Caesars 01875-76 and Caesars 01877-78 Caesars 01884-86; Caesars 01887-89; Caesars 01907-09; and Caesars 01910-11

Not privileged

The redacted email is not privileged as it merely discusses the existence of a media article on Poetry nightclub and does not seek or provide legal advice. Counsel for Caesars discusses legal strategy with Caesars representatives regarding security and the preparation of materials in anticipation of litigation. Counsel for Caesars discusses legal strategy with Caesars representatives regarding Poetry and the preparation of materials in anticipation of litigation. Emails at issue are not privileged under attorney-client privilege because many do not involve communication with counsel and those that do involve counsel are not seeking or providing legal advice. The communications are, however, partially privileged as work product as they are regarding the preparation of materials in anticipation of litigation, with the following exception, which is not privileged: 1. August 25, 2007 email from Dave Bennett at 3:07 a.m. The email is not privileged as it contains a factual discussion regarding the distribution of flyers and is not in anticipation of litigation Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. Counsel for Caesars discusses legal strategy with Caesars representatives regarding the Gaming Control Board and the preparation of materials in anticipation of litigation.

Privileged

Privileged

Partially privileged as work product, but not under attorney- client privilege

Caesars 01918-22 Caesars 01979-80; Caesars 01981-82; Caesars 02000-01; Caesars 02002-03; and Caesars 02004-05 Caesars 02008

Privileged Privileged

Privileged

Counsel for Caesars discusses legal strategy with Caesars representatives regarding an investigation and the preparation of materials in anticipation of litigation. Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM and the preparation of materials in anticipation of litigation.

Caesars 02088-91 Caesars 02092-95 Caesars 02216-21; Caesars 02222-27; Caesars 02228-29; and Caesars 02230-36 Caesars 02308-09

Privileged Privileged Privileged

Privileged

Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Caesars 02331-33; Caesars 02334-36; and Caesars 02337-39 Caesars 02384

Privileged

Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM and the preparation of materials in anticipation of litigation. Counsel for Caesars discusses legal strategy with Caesars representatives regarding surveillance and the preparation of materials in anticipation of litigation. Counsel for Caesars discusses legal strategy with Caesars representatives regarding parking and the preparation of materials in anticipation of litigation.

Privileged

Caesars 02403-07

Privileged

Accordingly, IT IS HEREBY ORDERED that Plaintiff Love & Money, LLC's First Motion to Compel Discovery from the Caesars Defendants and for Sanctions (#212) is granted in part and denied in part. The Caesars Defendants shall produce the non-privileged material discussed above to Plaintiffs on or before November 8, 2010. If they have not already done so, the Caesars Defendants shall disclose the unredacted portions of the materials discussed above to Plaintiffs on or before November 8, 2010. IT IS FURTHER ORDERED that the Court finds an award of sanctions is not warranted. DATED this 21st day of October, 2010.

______________________________________ GEORGE FOLEY, JR. U.S. MAGISTRATE JUDGE

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