NUYANNES v. THOMPSON et al

Filing 66

MEMORANDUM AND ORDERED THAT DEFENDANTS MOTION TO COMPEL DOCUMENTS IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/22/2012. 10/23/2012 ENTERED AND COPIES MAILED TO PRO SE DEFENDANT AND E-MAILED.(sg, ) (sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID NUYANNES,
Plaintiff,
v.
NICHOLE THOMPSON, ESQUIRE,
SCOTT GALLOWAY, ESQUIRE; and
JOHN DOES 1-10,
Defendants.

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CIVIL ACTION

NO. 11-2029

MEMORANDUM
AND NOW, this 22nd day of October, 2012, upon consideration of Defendant Scott Galloway’s
Motion to Compel Documents (Docket No. 63) and Lauren Kane, Esquire’s Response in Opposition
(Docket No. 64), it is hereby ORDERED that the Motion is GRANTED as follows:
1.

Within ten (10) days from the date of this Order, Lauren Kane shall produce all nonprivileged documents—i.e. documents not covered by either the attorney-client or
attorney work-product privileges—regarding her representation of Plaintiff David
Nuyannes.

2.

Within ten (10) days from the date of this Order, Lauren Kane shall also produce a
privilege log detailing any responsive documents retained on grounds of privilege. 1

It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.
1

The Court acknowledges Defendant Galloway’s argument that Plaintiff has waived the
attorney-client privilege by attaching correspondence from Ms. Kane to his initial disclosures, by not
objecting to the subpoena to Ms. Kane, and by placing privileged documents at issue in this litigation.
Absent a specific waiver from Plaintiff, however, the Court declines to compel Ms. Kane to produce
these documents. Nonetheless, following receipt and review of Ms. Kane’s client file and privilege log,
Defendant Galloway shall have the opportunity to re-raise this issue and identify for the Court which
documents on the privilege log it believes are not privileged.