Hustler Cincinnati, Inc. et al v. Cambria, Jr. et al

Filing 42

ORDER re 40 Previous Order. Signed by Magistrate Judge Karen L. Litkovitz on 08/26/2013. (Litkovitz, Karen)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
HUSTLER CINCINNATI, INC., et al.,
Plaintiffs,
v.
PAUL J. CAMBRIA, JR., ESQ., et al.,
Defendants.

Case No. 1:11-cv-718
Bertelsman, J.
Litkovitz, M.J.
ORDER

On August 22, 2013, during a telephonic status conference, the undersigned magistrate
judge ordered the parties to brief: (1) whether outside counsel for Larry Flynt and other nonparty corporate entities may appear at the deposition of defendant attorneys on September 4
through September 7, 2013 in Buffalo, N.Y. for purposes of asserting objections to questions that
may elicit potentially privileged testimony from the defendant attorneys who purportedly
represented Larry Flynt and/or the non-party corporate entities during the transactions at issue in
this lawsuit; and (2) whether defendant attorneys and Larry Flynt and/or the non-party corporate
entities have previously waived the attorney-client privilege as to these matters in prior
testimony and other litigation. As discussed during the conference, time was of the essence
given the need for the parties and outside counsel to make travel plans for the depositions to
occur the first week of September. On August 23, 2013, the Court memorialized its Order and
directed the parties and counsel for Larry Flynt to submit briefs to the Court on these issues by
5:00 p.m. on August 26, 2013.
It is now 6:00 p.m. Defendant attorneys have submitted a brief in accordance with the
Court’s Order. Plaintiffs have not submitted a brief by the deadline imposed by the Court.
After review of defendants’ brief and the authorities cited therein and in the absence of
any information from the plaintiffs, the Court is without any information to find a waiver of the

attorney-client privilege at this juncture and there is no basis upon which this Court can exclude
outside counsel for Larry Flynt and/or the non-party corporate entities from the depositions of
the defendant attorneys.
IT IS SO ORDERED.

Date: 8/26/2013

s/Karen L. Litkovitz
Karen L. Litkovitz
United States Magistrate Judge

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