Johnsen and Allphin Properties v. First American Title Insurance

Filing 90

MEMORANDUM DECISION AND ORDER- Plaintiff's Motion to Compel Production of Non-Privileged Documents or in the Alternative Conduct in Camera Review of Privilege Claim 57 is Denied. Signed by Magistrate Judge Paul M. Warner on 8/10/2015. (las)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

JOHNSEN AND ALLPHIN
PROPERTIES, LLC, a Utah limited
liability company,

MEMORANDUM DECISION
AND ORDER

Plaintiff,
Case No. 2:12-cv-740-RJS-PMW
v.
FIRST AMERICAN TITLE INSURANCE
COMPANY, a California corporation,
Defendant.

District Judge Robert J. Shelby
Magistrate Judge Paul M. Warner

District Judge Robert J. Shelby referred this case to Magistrate Judge Paul M. Warner
pursuant to 28 U.S.C. § 636(b)(1)(A).1
Plaintiff Johnson and Allphin Properties, LLC (“Plaintiff”) previously filed a motion to
compel production of non-privileged documents by Defendant First American Title Insurance
Company (“Defendant”), or in the alternative, have the court conduct an in camera review of the
documents.2 In response, this court ordered the parties to scrutinize carefully both claims of
privilege and the demands for production, and to confer in an attempt to resolve the issues

1

Docket no. 19.

2

Docket no. 57.

without further court involvement.3 The parties submitted a report to the court on their efforts on
June 25, 2015.4
The parties appear to have taken the court’s order very seriously, and narrowed the
hundreds of pages of disputed documents to just sixteen documents. The court performed an in
camera review of the remaining documents in question and finds that Defendant’s assertions of
attorney-client privilege and/or attorney work product appear warranted and proper. The court
commends the parties for their efforts in resolving this dispute. In light of the parties’ significant
efforts, the court finds that sanctions are not justified against either party.
For the foregoing reasons, Plaintiff’s motion is DENIED.
IT IS SO ORDERED.
DATED this 10th day of August, 2015.
BY THE COURT:

PAUL M. WARNER
United States Magistrate Judge

3

Docket no. 86.

4

Docket no. 89.
2