Aircraft Fueling Systems, Inc. v. Southwest Airlines, Co.

Filing 174

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; granting 145 Motion for Miscellaneous Relief (jcm, Dpty Clk)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
AIRCRAFT FUELING SYSTEMS, INC.,
PLAINTIFF,
vs.
SOUTHWEST AIRLINES, CO.,
DEFENDANT .

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CASE NO . 08-CV-414-GKF-FHM

OPINION AND ORDER
Plaintiff’s Motion for In Camera Inspection of Documents, [Dkt. 145], is before the
Court for decision. Defendant has filed a response, [Dkt. 158], and Plaintiff has filed a
reply, [Dkt. 167].
Plaintiff seeks an order requiring Defendant to submit certain documents to the
Court for in camera inspection to determine if the documents are properly withheld from
production. Defendant responds that Plaintiff has not been diligent in seeking court
review and that the documents are properly withheld.
From the information provided, it appears that Plaintiff promptly disputed
Defendant’s withholding of the documents once Defendant provided a privilege log. It
also appears that Plaintiff attempted to resolve the issues with Defendant before filing
a motion with the Court. The Court, therefore, concludes that Plaintiff has been diligent
in seeking relief.
In light of the small number of documents at issue, it will not be a burden on the
Court to review the documents in camera. Plaintiff’s Motion for In Camera Inspection
of Documents, [Dkt. 145], is therefore granted and Defendant shall promptly submit the
documents to the Court for in camera review.

SO ORDERED this 7th day of September, 2011.

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