Van Inwegen v. Dollar Tree Stores, Inc et al

Filing 19

MINUTE ORDER granting in part and denying in part Plaintiff's 14 Motion to Compel; directing Dollar Tree to produce, on or before 2/16/2018, all portions of claim file; directing Dollar Tree to file with the Court, on or before 2/16/2018, a revised privilege log; granting plaintiff's request for reasonable expenses incurred in bringing the Motion; Court awards Plaintiff attorney's fees of $250. Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STEPHEN VAN INWEGEN,

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Plaintiff,
C17-1066 TSZ
v.
MINUTE ORDER
DOLLAR TREE STORES INC., et al.,

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Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
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(1)
Plaintiff’s motion to compel, docket no. 14 (the “Motion”), is GRANTED
in part and DENIED in part. Defendant Dollar Tree Stores, Inc. (“Dollar Tree”) has not
met its burden of showing that, at any time prior to the filing of this lawsuit, it reasonably
anticipated that litigation would commence. Henderson v. Metro. Prop. and Cas. Ins.
Co., No. C09–1723RAJ, 2010 WL 5394912, at *1–2 (W.D. Wash. Dec. 22, 2010);
Bronsink v. Allied Prop. & Cas. Ins., No. 09-751 MJP, 2010 WL 786016, at *2–3 (W.D.
Wash. Mar. 4, 2010); Heath v. F/V Zolotoi, 221 F.R.D. 545, 549–50 (W.D. Wash. 2004).
Dollar Tree is DIRECTED to produce, on or before February 16, 2018, all portions of the
claim file dated before this lawsuit commenced on June 19, 2017, and previously
withheld on the basis of the work-product doctrine. Plaintiff’s request to compel the
production of the attorney-client privileged entries in the claim file is DENIED without
prejudice. Dollar Tree is DIRECTED to file with the Court, on or before February 16,
2018, a revised privilege log identifying, at a minimum: 1) the attorney and client
involved in each communication; 2) the date and nature of each communication; and
3) all persons or entities known to have been furnished each communication or otherwise
learned about its substance. See Fed. R. Civ. P. 26(b)(5). After reviewing the revised
privilege log and conferring with Dollar Tree, if a dispute remains as to any claim file
entry withheld on the basis of attorney-client privilege, Plaintiff may renew its motion to
compel consistent with this Minute Order. Plaintiff’s request for reasonable expenses

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MINUTE ORDER - 1

1 incurred in bringing the Motion is GRANTED. The Court accordingly awards Plaintiff
attorney’s fees of $250.
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(2)
The Clerk is directed to send a copy of this Minute Order to all counsel of
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Dated this 7th day of February, 2018.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2