Decker et al v. Chubb National Insurance Company et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 23 Report and Recommendations. Accordingly, the Court finds the Boone exception to the attorney-client privilege applies to the claims file in this case.The opinion letter and time line documents con tained in File 8 are protected as work product and withheld from plaintiffs.All other claims file documents are to be produced to plaintiffs unless, within 20 days of any Order adopting the report and recommendation: Defendants identify by Bates num ber the documents they assert are clearly not relevant to the claims in this case, the basis for their conclusion that such documents are not relevant, and the evidence in support of their continued redaction or withholding from plaintiffs. Defendan ts identify by Bates number any documents contained in File 7 they assert are protected as work product, the basis for the work product protection, and the evidence in support of their continued withholding from plaintiffs. Signed by Judge Susan J. Dlott on 11/9/15. (wam)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Jeffrey Decker, et al., : : : : : : : : : Plaintiff(s), vs. Chubb National Insurance Company, et al., Defendant(s). Case Number: 1:15cv88 Judge Susan J. Dlott ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on October 14, 2015 (Doc. 12), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired November 2, 2015, hereby ADOPTS said Report and Recommendation. Accordingly, the Court finds the Boone exception to the attorney-client privilege applies to the claims file in this case. The opinion letter and time line documents contained in File 8 are protected as work product and withheld from plaintiffs. All other claims file documents are to be produced to plaintiffs unless, within 20 days of any Order adopting the report and recommendation: Defendants identify by Bates number the documents they assert are “clearly not relevant” to the claims in this case, the basis for their conclusion that such documents are not relevant, and the evidence in support of their continued redaction or withholding from plaintiffs. Defendants identify by Bates number any documents contained in File 7 they assert are protected as work product, the basis for the work product protection, and the evidence in support of their continued withholding from plaintiffs. IT IS SO ORDERED. S/Susan J. Dlott_______________ Judge Susan J. Dlott United States District Court

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