Veridian Credit Union v. Eddie Bauer LLC

Filing 111

ORDER re: privilege log dispute. Parties are directed to file separate statements of no more than three (3) pages no later than Thursday, August 2, 2018, at 4:00 p.m. Signed by Judge James L. Robart. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VERIDIAN CREDIT UNION,
Plaintiff,

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CASE NO. C17-0356JLR
ORDER

v.
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EDDIE BAUER LLC,
Defendant.

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On July 9, 2018, the court held a telephonic conference on the parties’ fifth

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stipulated motion to alter the class certification schedule. (See 7/9/18 Min. Entry (Dkt.

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# 104); see also 5th Stip. (Dkt. # 102).) At the conference, the court granted the motion

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to alter the class certification schedule and, among other things, ordered Defendant Eddie

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Bauer, LLC to produce its privilege log by July 16, 2018. (See 7/9/18 Min. Entry.)

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On July 31, 2018, counsel for Plaintiff Veridian Credit Union (“Veridian”)

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contacted the court about the privilege log. First, Veridian requests that Eddie Bauer

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produce the log in a native format rather than PDF. And second, Veridian disputes

ORDER - 1

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several thousand of Eddie Bauer’s 40,000 claims of privilege. Counsel for Veridian

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stated that before contacting the court, he made three separate attempts to discuss those

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matters with Eddie Bauer’s counsel but received no response.

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To address the foregoing dispute, the court ORDERS the parties to file separate

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statements of no more than three (3) pages. The statements must (1) address specifically

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the claim that Veridian’s counsel contacted Eddie Bauer’s counsel three times regarding

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this dispute and received no response, (2) explain the nature of the discovery dispute, (3)

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set forth concisely the standard for the asserted privileges, and (4) provide brief argument

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in support of the parties’ positions. The parties must file their statements no later than

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Thursday, August 2, 2018, at 4:00 p.m. After the court reviews the parties’ statements,

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the court will inform the parties of next steps for resolving the dispute.1 The court will

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consider appropriate sanctions for the willful refusal to meet and confer regarding

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discovery disputes.

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Dated this 31st day of July, 2018.

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A

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JAMES L. ROBART
United States District Judge

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This order does not affect the court’s July 26, 2018, order regarding a different
discovery dispute Eddie Bauer raised with the court. (See 7/26/18 Order (Dkt. # 110).)
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ORDER - 2