Mode v. S-L Distribution Company, LLC et al

Filing 626

ORDER granting 609 Motion to Compel S-Ls Production of a Revised Privilege Log or Alternatively to Compel S-L to Produce 20 Documents for In Camera Review. Signed by Magistrate Judge David S. Cayer on 3/4/2021. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-00150-KDB-DSC
JARED MODE, on behalf of himself and
all others similarly situated,
Plaintiffs,
v.
S-L DISTRIBUTION COMPANY LLC,
S-L DISTRIBUTION COMPANY INC.,
AND S-L ROUTES LLC,
Defendants.

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ORDER

THIS MATTER is before the Court on Plaintiffs’ “Motion to Compel S-L’s Production
of a Revised Privilege Log or Alternatively to Compel S-L to Produce 20 Documents for In Camera
Review” (document # 609) filed January 29, 2021, as well as the parties’ briefs and exhibits
(documents ## 609-1, 610, 615, 616 and 620).
The Motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.
§636(b)(1) and is ripe for the Court’s consideration.
Plaintiffs move to compel Defendants to produce a revised privilege log containing the
information required by Rule 26(b)(5)(A) as applied to the 3,111 documents they have withheld
and the 1,289 documents that have been redacted. In the alternative, Plaintiffs ask the Court to
compel production of the twenty documents for in camera review.
The Court has carefully considered the record, authorities and the parties’ arguments. For
the reasons stated in Plaintiffs’ Memorandum in Support and Reply, the Court finds that

Case 3:18-cv-00150-KDB-DSC Document 626 Filed 03/04/21 Page 1 of 2

Defendants’ privilege log contains inadequate information for Plaintiffs to assess whether their
assertion of privilege is proper. Therefore, the Court will grant the Motion to Compel. Defendants
shall produce a revised privilege log containing the information required by Rule 26(b)(5)(A) as
applied to the 3,111 documents it has withheld and the 1,289 documents it has redacted within
twenty-one days of this Order.
The Clerk is directed to send copies of this Order to counsel for the parties and to the
Honorable Kenneth D. Bell.
SO ORDERED.

Signed: March 4, 2021

Case 3:18-cv-00150-KDB-DSC Document 626 Filed 03/04/21 Page 2 of 2