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06-099 - Siegel et al v. Warner Bros. Entertainment Inc.


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06-099 - Siegel et al v. Warner Bros. Entertainment Inc.
February 6, 2008
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Order denying the Motion to Compel Production Without Regard to Attorney Client Privilege (Related Doc # 1) because the court finds that the submission of the privileged log was not so delayed as to effect a waiver. The court also finds that the award of attorney fees to Movants is not appropriate because their document request to Mr. Bulson, attorney for deceased Michael Siegel, was extremely broad and covered large numbers of documents, and because it could be anticipated that some of these documents would be covered by the attorney client privilege. It was also likely that the court might have to determine whether the privilege was applicable. The court finds that Movants may be entitled to the documents set forth at Page 8 of their Reply Brief. Mr. Bulson must submit a revised privilege log within 10 days of the conference held by the court on February 1. That revised log shall relate to only the 15 communications set forth on page 8 of the Movants Reply Memorandum in Support of Their Motion to Compel. The description portion of the log shall be revised to give sufficient detail so that Movants can determine whether they have a basis for objecting to the assertion of the attorney-client privilege based on a joint interest. Seven days thereafter, Movants must determine whether they still wish to pursue all or some of these documents. If the parties have any resulting differences after that time, Movants shall notify this court within 10 days of the date of this Order. Thereafter, the court will review the documents in dispute and determine whether the documents are covered by the attorney-client privilege. To save time, Mr. Bulford shall submit the 15 documents to the court within 7 days of the date of this Order so the court will be prepared to review them in camera. The court further held at the conference with counsel for the parties that Mr. Bulford may be deposed within 30 days of the date of the Conference held by the court on February 1 at a time that is convenient to all relevant parties. Signed by Judge Solomon Oliver, Jr on 02/05/2008.(D,M)