Kimberly-Clark Worldwide, Inc. et al v. First Quality Baby Products, LLC et al

Filing 116

ORDER re 100 motion to compel. See order for full detail. Signed by Chief Judge William C Griesbach on 2/23/2015. (cc: all counsel) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

KIMBERLY-CLARK WORLDWIDE INC. et al.,
Plaintiffs,
v.

Case No. 14-CV-1466

FIRST QUALITY BABY PRODUCTS LLC et al.,
Defendants.
_____________________________________________________________________________
FIRST QUALITY BABY PRODUCTS LLC et al.,
Counterclaim-Plaintiffs,
v.
KIMBERLY-CLARK WORLDWIDE INC. et al.,
Counterclaim-Defendants.

ORDER

The defendants-counterclaim-plaintiffs (collectively “FQ”) filed a motion under Civil L.R.
7(h) to compel an email chain the plaintiffs-counterclaim-defendants (K-C) inadvertently produced
in discovery in this case. FQ, who has destroyed the documents pursuant to the protective order in
the case, argues the emails contain discoverable business advice. K-C claims the entire email chain
is protected by the attorney-client privilege and work product doctrine. Because of a factual dispute
between the parties as to what is contained in the emails, the court is unable to resolve the issue
without examining the communications at issue. The court therefore orders K-C to file within ten

days the email chain at issue so the court can conduct an in camera review.
So ordered this 23rd day of February, 2015.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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