DANSKO HOLDINGS, INC. v. BENEFIT TRUST COMPANY

Filing 52

ORDER THAT PLAINTIFFS' MOTION TO COMPEL IS GRANTED IN PART AND DENIED IN PART AS OUTLINED. SIGNED BY HONORABLE JAN E. DUBOIS ON 11/21/17. 11/21/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DANSKO HOLDINGS, INC.,
Plaintiff,

CIVIL ACTION

v.
BENEFIT TRUST COMP ANY,
Defendant.

NO. 16-324

ORDER
AND NOW, this 21st day of November, 2017, upon consideration of Plaintiffs' Motion
to Compel (Doc. No. 47, filed April 14, 2017) and Defendant's Response to Plaintiffs' Motion to
Compel (Doc. No. 48, filed April 24, 2017), for the reasons set forth in the accompanying
Memorandum dated November 21, 2017, IT IS ORDERED that Plaintiffs' Motion to Compel is
GRANTED IN PART and DENIED IN PART, as follows:
1. Plaintiffs' Motion is GRANTED with respect to defendant's privilege log entries 2,
15, 16 and 17, on the ground that defendant failed to establish that the communications were
protected under the attorney-client privilege;
2. Plaintiffs' Motion is DENIED with respect to defendant's privilege log entries 3, 4,
6, 7, 8, 9, 10, 12, 13, 14, 18, 19, 20, 21, 26, 27, 28, 29, 30, on the ground that those entries were
properly withheld under the attorney-client privilege;
3. Plaintiffs' Motion is DENIED with respect to defendant's privilege log entries 22,
23, 24, and 25, on the ground that those entries were properly withheld as attorney work product.
IT IS FURTHER ORDERED that, with the guidance provided in the attached
Memorandum, the parties shall meet and confer in an effort to resolve all further disputes over
documents withheld under the attorney-client privilege and work product doctrine without the
need for Court intervention. No further motions or other requests for Court intervention with

respect to such issues shall be presented to the Court without first addressing the dispute in a
telephone conference scheduled for that purpose.

IT IS FURTHER ORDERED that a telephone conference for the purpose of scheduling
further proceedings will be conducted in due course.

BY THE COURT:

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£. Q..(3k.

\;nois, JAN E., J.

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