Gronik et al v. Balthasar et al

Filing 158

ORDER signed by Judge Lynn Adelman on 7/16/12 denying plaintiffs' request for copies of the witness statements drafted by counsel for the Balthasars. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAVID S. GRONIK, JR., et al.,
Plaintiffs,
v.

Case No. 10-CV-00954

NORMAN BALTHASAR, et al.,
Defendants
and Third-Party Plaintiffs,
v.
SHOREWEST REALTORS, INC., et al.,
Third-Party Defendants.

DECISION AND ORDER
The parties have asked me to review several witness statements drafted by Norman
and Susan Balthasar’s counsel to determine whether they are protected by the attorney
work-product doctrine. See Fed. R. Civ. P. 26(b)(3). The statements in question were taken
from Roger Haliburton, Chip Carmichael, Steve Ashcroft, Tom Weiss, and Franz Schermer
in 2010. Having reviewed these statements, I find that they are privileged because they
were prepared in anticipation of litigation and contain the mental impressions of the
Balthasars’ attorneys. Thus, the Balthasars have the right to withhold them.
I will also deny plaintiffs’ request that I order the Balthasars to provide either
redacted copies of the statements or summaries of the factual information contained
therein. A summary of these statements composed by the Balthasars’ attorney could still
betray some of her mental impressions of the case, and all five of these witnesses are still
available and have been interviewed by plaintiffs. The fact that the witnesses cannot

remember the exact content of their statements to the Balthasars does not make them
unavailable. The witnesses still remember the factual events underlying this litigation. The
only exception is Roger Haliburton, who told plaintiffs that he cannot recall the precise
dates of his repair work on plaintiffs’ home, but his statement to the Balthasars does not
contain any specific dates that would help plaintiffs.
THEREFORE, IT IS ORDERED that plaintiffs’ request for copies of the witness
statements drafted by the Balthasars’ counsel is DENIED.
Dated at Milwaukee, Wisconsin, this 16th day of July, 2012.

s/ Lynn Adelman
LYNN ADELMAN
District Judge

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