Massachusetts Bay Insurance Company v. Bilbrey Construction, Inc. et al

Filing 78

ORDER - Plaintiff has complied with the Magistrate Judge's Order to file under seal the documents it received from O.C.A. Consultants. Nationwide Insurance is ordered to inspect those documents forthwith and file with the Court not later than Ma rch 25, 2011, any express claim of privilege which it wishes to make with the specificity require by Fed. R. Civ. P. 26(b)(5)(A). Plaintiff must respond to those claims within five business days of filing. So as not to delay the Ayers' deposition, the Court finds that his statement which is included in these materials, is a privileged communication with counsel for Kee Electric. Signed by Magistrate Judge Michael R Merz on 3/18/2011. (kpf1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
MASSACHUSETTS BAY INSURANCE COMPANY, Plaintiff, : Case No. 3:10-cv-094 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz : BILBREY CONSTRUCTION CO., et al., Defendants.

-vs-

ORDER

Plaintiff has complied with the Magistrate Judge's Order to file under seal the documents it received from O.C.A. Consultants. Nationwide Insurance is ordered to inspect those documents forthwith and file with the Court not later than March 25, 2011, any express claim of privilege which it wishes to make with the specificity require by Fed. R. Civ. P. 26(b)(5)(A). Plaintiff must respond to those claims within five business days of filing1. So as not to delay the Ayers' deposition, the Court finds that his statement which is included in these materials, is a privileged communication with counsel for Kee Electric. March 18, 2011.
s/ Michael R. Merz United States Magistrate Judge

1

This short time frame is set so as not to delay completion of discovery in the case.
1