Gentex Corporation v. Sutter et al

Filing 153

MEMORANDUM ORDER re 142 Order. In my Memorandum Order of 10/19/09, the subject of the discovery of a summary was protected by the common interest privilege. In that Memorandum Order, I erroneously said the summary was "from Robert Mecredy of Armor to Joe Coltman of Simula the day before the merger agreement was signed" The summary in question was from Mr. Coltman to Mr. Mecredy and Ian Graham, Esquire, Armor's in-hourse counsel. The summary was prepared by Mr. Coltman and sen t to Mr. Mecredy and Mr. Craham. It is my view that the summary is privileged, and there has been no waiver of the privilege. See, SmithKline Beecham Corp. v. Apotex Corp., 232 F.R.D.467, 476 (E.D. Pa. 2005). Signed by Honorable A. Richard Caputo on 11/4/09. (jam, )

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