Lufthansa Technik v. Panasonic Avionics Corporation
Filing
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ORDER. This matter comes before the Court on Astronics Advanced Electronic Systems Corp.'s ("AES") submission for in camera review of a sample of documents supporting the privilege log (Dkt. No. 273 -1) provided to Lufthansa Technik A G ("Lufthansa"), at issue presently before the Court. (See Dkt. Nos. 265 , 293 ). AES is ORDERED to (a) produce the documents listed herein and similar documents, even if attached to otherwise-privileged communications, and (b) revise its privilege log for this production, within 14 days (and to notify the Court once that production is made). The Court STAYS further consideration of Lufthansa's motion to compel and enforce (Dkt. No. 265 ) until 7 days following this production, to afford Lufthansa an opportunity to revise and reconsider this portion of its motion.The Clerk is DIRECTED to renote Lufthansa's motion to compel and enforce (Dkt. No. 265 ), along with the companion motion to seal (Dkt. No. 264 ) to 9/13/2024. Signed by U.S. District Judge John C. Coughenour. (KRA)
THE HONORABLE JOHN C. COUGHENOUR
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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In the Matter of the Application of
LUFTHANSA TECHNIK AG, Petitioner, for
an Order Pursuant to 28 U.S.C. § 1782 to Take
Discovery, Pursuant to the Federal Rules of
Civil Procedure, of Respondent PANASONIC
AVIONICS CORPORATION, for Use in
Foreign Proceedings, with ASTRONICS
ADVANCED ELECTRONIC SYSTEMS
CORP. as Intervenor.
CASE NO. C17-1453-JCC
ORDER
This matter comes before the Court on Astronics Advanced Electronic Systems Corp.’s
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(“AES”) submission for in camera review of a sample of documents supporting the privilege log
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(Dkt. No. 273-1) provided to Lufthansa Technik AG (“Lufthansa”), at issue presently before the
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Court. (See Dkt. No. 265) (motion to enforce and compel production); (see also Dkt. No. 293)
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(minute order directing AES to provide the Court with a sample of documents withheld in
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accordance with its privilege log).
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Based on the Court’s in camera review, it largely concurs with AES’s invocations as to
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the selected items. (See Dkt. No. 293.) The e-mails at issue, along with the attachments, are
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generally subject to the attorney-client privilege, work-product protections, or both. Given AES’s
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general compliance with privilege rules, the Court sees no basis for in camera review of the
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entirety of AES’s log (Dkt. No. 273-1). That being said, the Court did find, in a few instances, no
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basis to withhold from production certain e-mail attachments. These are documents identified as
ORDER
C17-1453-JCC
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numbers 360, 361, 654, 951, and 1146 (associated with privilege log group numbers 125, 225,
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350 and 425). These documents have no direct bearing on the privilege or protection
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appropriately invoked in the associated e-mail.
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Accordingly, AES is ORDERED to (a) produce these and similar documents, even if
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attached to otherwise-privileged communications, and (b) revise its privilege log for this
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production, within 14 days (and to notify the Court once that production is made). The Court
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STAYS further consideration of Lufthansa’s motion to compel and enforce (Dkt. No. 265) until
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7 days following this production, to afford Lufthansa an opportunity to revise and reconsider this
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portion of its motion.
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The Clerk is DIRECTED to renote Lufthansa’s motion to compel and enforce (Dkt. No.
265), along with the companion motion to seal (Dkt. No. 264) to September 13, 2024.
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DATED this 23rd day of August 2024.
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John C. Coughenour
UNITED STATES DISTRICT JUDGE
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ORDER
C17-1453-JCC
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