MUNICIPAL WATER AUTHORITY OF WESTMORELAND COUNTY v. CNX GAS COMPANY, L.L.C. et al

Filing 115

ORDER DENYING MAWC's motion 105 to overrule objs of third parties & issue order directing 3rd parties to produce docs. (See order for complete details.) Signed by Christopher C. Conner on 4/9/18. (kmMD)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MUNICIPAL AUTHORITY
OF WESTMORELAND COUNTY,
on behalf of itself and all others
similarly situated,
Plaintiff
v.
CNX GAS COMPANY, LLC, et al.,
Defendants

:
:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 2:16-CV-422
(Chief Judge Conner)

ORDER
AND NOW, this 9th day of April, 2018, upon consideration of the motion
(Doc. 105) to overrule the objections of CONE Midstream Partners LP, CONE
Gathering LLC, and Joseph Fink (“Fink”) (collectively, “third parties”) filed by
plaintiff Municipal Authority of Westmoreland County (“MAWC”), wherein MAWC
requests that the court issue an order directing the third parties to produce an
unredacted copy of the email exchange between Fink and Alexander Reyes
(“Reyes”), (see id. ¶ 20; see also Doc. 110 at 16), and further upon consideration of
the parties’ respective briefs in support of and opposition to said motion (Docs. 106,
111), Fink’s affidavit (Doc. 110 at 18-20), wherein Fink explicitly states that Reyes is
an attorney and that Fink often consulted with Reyes on legal matters, (id. ¶¶ 10-13),
and, following the court’s in camera review of the emails, the court observing that
the purpose of the attorney-client privilege “is to encourage full and frank
communication between attorneys and their clients,” Upjohn Co. v. United States,
449 U.S. 383, 389 (1981), and the court further observing that federal courts should

assess the application of the privilege on an individualized, case-by-case basis,
Wachtel v. Health Net, Inc., 482 F.3d 225, 230 (3d Cir. 2007), and that the protections
afforded by this privilege extend to “(1) a communication (2) made between
privileged persons (3) in confidence (4) for the purpose of obtaining or providing
legal assistance for the client,” In re Teleglobe Commc’ns Corp., 493 F.3d 345, 359
(3d Cir. 2007) (quoting RESTATEMENT (THIRD) OF LAW GOVERNING LAW § 68 (2000)),
and the court finding that the emails between Fink and Reyes, (see CONE-MAWC
01368), are privileged communications, it is hereby ORDERED that MAWC’s
motion (Doc. 105) is DENIED.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania