Pacific Life Insurance Company et al v. The Bank of New York Mellon

Filing 217

ORDER: On November 23, 2020, this Court issued an Order resolving certain disputes among the parties regarding Defendant Bank of New York Mellon's withholding of certain documents based on the attorney-client privilege and/or the work produc t doctrine. (Dkt. #207). While the Court largely agreed with Defendant's designations, it permitted Defendant to submit supplemental briefing on certain entries for which it required additional information to make a final privilege determinati on. Having now reviewed Defendant's in camera supplemental submission, the Court accepts Defendant's arguments as to its claim of attorney-client privilege, and will not require Defendant to produce the documents at Tabs 61, 62, and 76 in the binder provided to the Court for the purposes of its review. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/2/2021) (nb)

Case 1:17-cv-01388-KPF-RWL Document 217 Filed 03/02/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------X
:
PACIFIC LIFE INSURANCE COMPANY and :
PACIFIC LIFE & ANNUITY COMPANY,
:
:
Plaintiffs,
:
:
v.
:
:
THE BANK OF NEW YORK MELLON,
:
:
Defendant. :
:
------------------------------------------------------ X

17 Civ. 1388 (KPF)
ORDER

KATHERINE POLK FAILLA, District Judge:
On November 23, 2020, this Court issued an Order resolving certain
disputes among the parties regarding Defendant Bank of New York Mellon’s
withholding of certain documents based on the attorney-client privilege and/or
the work product doctrine. (Dkt. #207). While the Court largely agreed with
Defendant’s designations, it permitted Defendant to submit supplemental
briefing on certain entries for which it required additional information to make
a final privilege determination. Having now reviewed Defendant’s in camera
supplemental submission, the Court accepts Defendant’s arguments as to its
claim of attorney-client privilege, and will not require Defendant to produce the
documents at Tabs 61, 62, and 76 in the binder provided to the Court for the
purposes of its review.

Case 1:17-cv-01388-KPF-RWL Document 217 Filed 03/02/21 Page 2 of 2

SO ORDERED.
Dated:

March 2, 2021
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge

2