Summary
finding that notes from interviews of agency employees were privileged because they were “an integral part of the process of providing information to counsel so that counsel could provide the sought after legal representation”
Summary of this case from Fed. Trade Comm'n v. Boehringer Ingelheim Pharm., Inc.Opinion
[Copyrighted Material Omitted]
William P. Farley, McDonald & Karl, John F. Karl, Jr., Karl & Tarone, Washington, DC, for Plaintiff.
Matthew Daniel Keiser, Dawn R. Bennett-Ingold, Office of Senate Chief Counsel for Employment, Washington, DC, for Defendant.
Eilin J. Chiang, Peter Ames Eveleth, Library of Congress Office of Compliance, Washington, DC, for Third Party Defendant.
MEMORANDUM OPINION
FACCIOLA, United States Magistrate Judge.
These consolidated cases were referred to me by Judge Kennedy for full case management. Currently pending before me is the issue of whether defendant, the Office of the Senate Sergeant-at-Arms and Doorkeeper (the " SSA" ), must produce certain documents claimed to be privileged and submitted for in camera review pursuant to my November 1, 2005 order. See Banks v. Office of the Senate Sergeant-at-Arms, No. 03-56 (D.D.C. Nov. 1, 2005) (order). For the reasons stated herein, I find that most, but not all, of the documents are shielded from discovery by either the work product doctrine or the attorney-client privilege or both.
Also pending before me is Plaintiff's Unopposed Motion to Expedite Decision for Production of Non-Privileged Documents and to Set Schedule for Summary Judgment Briefing and Memorandum in Support (" Motion to Expedite and Set Schedule" ). For the reasons stated herein, plaintiff's motion will be denied.
BACKGROUND
Plaintiff brought these now consolidated lawsuits alleging that his employer, the SSA, engaged in several unlawful employment actions. See Banks v. Office of the Senate Sergeant-at-Arms, 222 F.R.D. 7, 9 (D.D.C.2004). The parties have engaged in substantial litigation regarding discovery. In this memorandum, I resolve the issue of whether certain documents, submitted by the SSA for in camera review, can be withheld from discovery because they are covered by the work-product doctrine, the attorney-client privilege, or both.
DISCUSSION
I. IN CAMERA REVIEW
A. The Work-Product Doctrine
As the Supreme Court has stated, " it is essential [to our adversarial system] that a lawyer work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel." Hickman v. Taylor, 329 U.S. 495, 510-11, 67 S.Ct. 385, 91 L.Ed. 451 (1947). If a lawyer's work product were " open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten. An attorney's thoughts, heretofore inviolate, would not be his own." Id. at 511, 67 S.Ct. 385.
In light of these important interests, Rule 26(b)(3) of the Federal Rules of Civil Procedure provides that materials prepared in anticipation of litigation or for trial by an attorney or a party are protected from disclosure and they may be subject to discovery only upon a showing of substantial need and the inability to obtain the substantial equivalent without undue hardship. Fed.R.Civ.P. 26(b)(3). The court must take particular care to protect the " mental impressions, conclusions, opinions, or legal theories of an attorney." Id. See also Tax Analysts v. Internal Revenue Serv., 117 F.3d 607, 619 (D.C.Cir.1997). Attorney mental impressions, conclusions, opinions, and legal theories may be reflected in interviews, statements, memoranda, correspondence and in countless other tangible and intangible ways. Hickman, 329 U.S. at 511, 67 S.Ct. 385. These materials, known as opinion work product, " are entitled to special protection and require a stronger showing of necessity to justify release ... although the precise contours of this showing have not been resolved." Byers v. Burleson, 100 F.R.D. 436, 439 (D.D.C.1983) (citing Fed.R.Civ.P. 26(b)(3) and Upjohn Co. v. United States, 449 U.S. 383, 400-01, 101 S.Ct. 677, 66 L.Ed.2d 584 (1981)). See also In re Sealed Case, 856 F.2d 268, 273 (D.C.Cir.1988).
In reviewing documents claimed to be protected by the work product doctrine, the court must determine " whether, in light of the nature of the document or the factual situation in a particular case, the document can fairly be said to have been prepared or obtained because of the prospect of litigation." Equal Employment Opportunity Comm'n v. Lutheran Soc. Servs., 186 F.3d 959, 968 (D.C.Cir.1999) (emphasis added). See also Willingham v. Ashcroft, 228 F.R.D. 1, 4 (D.D.C.2005). If the same or essentially similar documents would have been created whether or not litigation was foreseen, " ‘ it [cannot] fairly be said that they were created " because of" actual or impending litigation.’ " Willingham, 228 F.R.D. at 4 (quoting United States v. Adlman, 134 F.3d 1194, 1202-03 (2d Cir.1998)).
B. The Attorney-Client Privilege
In this circuit, " the attorney-client privilege is narrowly circumscribed to shield from disclosure only those communications from a client to an attorney made in confidence and for the purpose of securing legal advice." Evans v. Atwood, 177 F.R.D. 1, 3 (D.D.C.1997) (citing Tax Analysts, 117 F.3d at 617); In re Sealed Case, 737 F.2d 94, 98 (D.C.Cir.1984). Communications from the attorney to the client are protected only insofar as the attorney's communication discloses an attorney-client privileged communication from the client. Evans, 177 F.R.D. at 3 (citing Brinton v. Dep't of State, 636 F.2d 600, 603-04 (D.C.Cir.1980)). The purpose of the privilege " is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of the law and administration of justice." Upjohn, 449 U.S. at 389, 101 S.Ct. 677. Moreover, the privilege " rests on the need for the advocate to know all that relates to the client's reasons for seeking representation if the professional mission is to be carried out." Id.
C. Specific Issues Regarding the Application of the Privileges to the SSA Documents
The documents submitted for in camera review generally fall into six categories.
First, there are e-mails and attorney memoranda reflecting communications from the SSA to counsel in which the SSA expressly sought legal advice. A review of these documents indicates that the SSA intended the communications to be confidential. Although some of the e-mails are from counsel to the SSA, those e-mails tend to reveal the substance of the underlying confidential communication from SSA. Therefore, this first group of documents is clearly protected under the attorney-client privilege.
Second, many of the documents consist of counsel's notes and memoranda of interviews and conversations with SSA employees. These interviews and conversations were conducted as part of the SSA's defense of plaintiff's lawsuits. Accordingly, these notes and memoranda were clearly prepared because of litigation or the prospect thereof. Moreover, these notes reveal counsel's mental impressions and litigation strategy because they reveal who counsel thought important to interview, what questions counsel thought important to ask, and what information counsel thought important to memorialize. See Hickman, 329 U.S. at 512-13, 67 S.Ct. 385. Therefore, this first group of documents is clearly protected under the work product doctrine and the SSA will not have to produce them.
The documents in this second category are also attorney-client privileged. Counsel's notes and memorandum of the employee interviews and conversations clearly reveal what the employees told counsel. These interviews and conversations were an integral part of the process of providing information to counsel so that counsel could provide the sought after legal representation ( i.e., representing the SSA in this litigation) and appear to have been intended to be confidential. As the Supreme Court has explained: " the privilege exists to protect not only the giving of professional advice to those who can act on it but also the giving of information to the lawyer to enable him to give sound and informed advice." Upjohn, 449 U.S. at 390, 101 S.Ct. 677. In the context of a corporation or a government entity, this information is necessarily provided by the client's employees. Id. at 391, 101 S.Ct. 677. Therefore, when SSA employees met or spoke with counsel to provide information to enable counsel to represent the SSA in this litigation, those communications are privileged. As I have previously explained in this lawsuit:
An attorney-client relationship may exist between an institution or organization and its counsel. A corporation may claim an attorney-client privilege for confidential communications made by its employees to corporate counsel in order to permit counsel to render legal services or legal advise to the corporation. There is no doubt that government agencies have the same privilege.
Banks v. Office of the Senate Sergeant-at-Arms, 222 F.R.D. 1, 3 (D.D.C.2004) (citing Evans, 177 F.R.D. at 3). Therefore, the first group of documents is also protected under the attorney-client privilege and the SSA will not have to produce them.
Third, there is correspondence between counsel and SSA employees that, although not explicitly seeking legal advice, implicitly were made in order to enable counsel to provide legal advice and services. In these documents, the SSA provides information and updates so that its counsel will have the information that they need to provide the sought after legal services and advice. If I were to deny the attorney-client privilege as to these documents, the nature of the guidance the SSA sought from its counsel would be revealed and, in effect, nullify the privilege that I sustained as to the documents in which legal advice was expressly sought. As just discussed, it is clear that these communications were intended to be confidential and were part of the process by which the SSA secured legal services from its counsel. See Upjohn, 449 U.S. at 390, 101 S.Ct. 677.
Fourth, there are e-mails containing the SSA's counsel's instructions and questions regarding litigation matters, such as responding to plaintiff's interrogatories and gathering relevant information and documents. These e-mails were clearly prepared because of litigation. Moreover, they reveal counsel's mental impressions and litigation strategy. Accordingly, the documents that reflect the process by which defense counsel prepared this case constitute highly protected opinion work product and defendant need not produce these documents.
Fifth, there are exchanges of drafts between the SSA and its counsel. Depending on the individual document, these drafts may be protected by the attorney-client privilege, the work product doctrine, or both. For example, many of the documents contain requests from the SSA for attorney review of a draft letter or employment related document. Based on my in camera review, it appears that these requests for attorney review were intended to be confidential and, therefore, are protected by the attorney-client privilege. There are also drafts containing counsel's edits and comments. Where counsel was involved in drafting and editing these documents, the drafts are clearly work product because the edits and commentary tend to reveal counsel's opinions and mental impressions. See Nesse v. Pittman, 202 F.R.D. 344, 351 (D.D.C.2001) (" If [counsel] modifies the draft, comparing the draft with the modified final discloses her mental processes if the changes are more than typographical. If [counsel] files the draft and never sends it, the draft discloses her mental processes in the most obvious way." ) Therefore, such drafts are protected by the work product doctrine.
Finally, there are several documents that consist of letters, facsimiles, or e-mails forwarding documents from SSA employees to counsel. While the fact of the transmittal might be attorney-client privileged, such transmittal does not shield from discovery the forwarded documents. The forwarded documents are only privileged if they would have been privileged in the hands of the SSA. As the Supreme Court has explained:
The [attorney-client] privilege protects only those disclosures necessary to obtain legal advice which might not have been made absent the privilege. This Court and the lower courts have thus uniformly held that pre-existing documents which could have been obtained by court process from the client when he was in possession may also be obtained from the attorney by similar process following transfer by the client in order to obtain informed legal advice.
Fisher v. United States, 425 U.S. 391, 403-04, 96 S.Ct. 1569, 48 L.Ed.2d 39 (1976). Accordingly, to the extent that the forwarded documents are independently responsive to plaintiff's document requests, have not already been produced, and are not otherwise privileged, they must be produced.
D. Chart and Abbreviated Notations
In the interest of clarity, I have included in this memorandum two charts. The first summarizes various abbreviations I have used to describe my analysis of the materials. The second lists each document submitted for in camera review and my rulings on each assertion of privilege.
Abbreviated Notation
Explanation
Opinion work product
Document appears to have been prepared for trial or inanticipation of litigation and reflects counsel'smental impressions. The SSA's claim of work productprotection is sustained.
Not because of litigation
Based on information provided by defendant, thedocument cannot fairly be said to have been prepared orobtained because of the prospect of litigation or fortrial. The SSA's claim of work-product privilege isdenied.
Reveals confidential communication made in furtheranceof legal services
Document reveals a communication from the SSA tocounsel that was intended to be confidential and made,either explicitly or implicitly, for the purpose ofobtaining legal advice or services. The SSA's claimof attorney-client privilege is granted.
Does not reveal confidential communication made infurtherance of legal services
Document does not disclose a communication from theclient that the client intended to be confidential andmade for the purpose of obtaining legal advice orservices. The SSA's claim of attorney-clientprivilege is denied.
Bates #
Privilege Claimed
Ruling
Reason
RB000003-
Attorney-Client
Sustained
Reveals confidential
RB000004
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB00316
Attorney-Client
Sustained
Reveals confidential communication
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001105
Work Product
Sustained
Opinion work product
RB001106
Work Product
Sustained
Opinion work product
RB001107-
Work Product
Sustained
Opinion work product
RB001111
RB001112-
Work Product
Sustained
Opinion work product
RB001114
RB001121
Attorney-Client
Denied
Work Product
Sustained
Opinion work product
RB001132
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB001133
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB001134-
Attorney-Client
Sustained
Reveals confidential communication
RB001135
made in furtherance of legal services
RB001143
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
RB001144
Attorney-Client
Denied
Does not reflect a confidential communication from aclient. See footnote 1,supra.
RB001145
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001154-
Attorney-Client
Sustained
Reveals confidential communication
RB001156
made in furtherance of legal services
RB001157-
Attorney-Client
Sustained
Reveals confidential communication
RB001159
made in furtherance of legal services
RB001160-
Attorney-Client
Sustained
Reveals confidential communication
RB001169
made in furtherance of legal services
RB001182-
Attorney-Client
Sustained
Reveals confidential communication
RB001184
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001195
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001198- RB001199
Attorney-Client
Sustained/ Denied
Sustained as to the 12:02 PM and 11:46 AM e-mails,which reveal confidential communication made infurtherance of legal services; denied as to the 11:21AM and 9:54 AM e-mails, which do not revealconfidential communication made in furtherance of legalservices
RB001203
Work Product
Sustained
Opinion work product
RB001204
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB001210
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB001255
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB001256
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB001257
Work Product
Sustained
Opinion work product
RB001266- RB001272
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB001273- RB001290
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB001298- RB001303
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB001355
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB001356
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB001357
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001360
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB001361-
Attorney-Client
Sustained
Reveals confidential communication made
RB001372
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001373
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB001374
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB001378
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB001459-
Attorney-Client
Sustained
Reveals confidential communication made
RB001471
in furtherance of legal services
RB001472
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
RB001473
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001474
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001475-
Attorney-Client
Sustained
Reveals confidential communication made
RB001477
in furtherance of legal services
RB001496
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001502-
Attorney-Client
Sustained
Reveals confidential communication made
RB001503
in furtherance of legal services
RB001504-
Attorney-Client
Sustained
Reveals confidential communication made
RB001506
in furtherance of legal services
RB001507
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001508
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001509
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001510
Attorney-Client
Denied
Does not reveal confidential
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001511
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001513
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001516
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001534-
Attorney-Client
Denied
Does not reveal confidential
RB001535
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001536-
Attorney-Client
Sustained
Reveals confidential communication made
RB001538
in furtherance of legal services
RB001705-
Attorney-Client
Sustained
Reveals confidential communication made
RB001707
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001717-
Attorney-Client
Sustained
Reveals confidential communication made
RB001734
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001736
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001737
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001738
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001739-
Attorney-Client
Sustained
Reveals confidential communication made
RB001742
in furtherance of legal services
RB001761
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
RB001762
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001763-
Attorney-Client
Sustained
Reveals confidential communication made
RB001770
in furtherance of legal services
RB001784-
Attorney-Client
Sustained
Reveals confidential communication made
RB001785
in furtherance of legal services
RB001786
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001787-
Attorney-Client
Sustained
Reveals confidential communication made
RB001791
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001792
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
RB001794
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
RB001795-
Attorney-Client
Sustained/
Sustained for the first page,
RB001796
Denied
which reveals confidential communication made infurtherance of legal services; denied for the secondpage, which does not reveal confidential communicationmade in furtherance of legal services
Work Product
Sustained
Opinion work product
RB001801
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB001882-
Attorney-Client
Sustained
Reveals confidential communication made
RB001884
in furtherance of legal services
RB001889-
Attorney-Client
Denied
Does not reveal confidential
RB001890
communication made in furtherance of legal services
RB001966
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB002001
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002002-
Attorney-Client
Sustained
Reveals confidential communication made
RB002003
in furtherance of legal services
RB002005-
Attorney-Client
Sustained
Reveals confidential communication made
RB002007
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002008-
Attorney-Client
Sustained
Reveals confidential communication made
RB002010
in furtherance of legal services
RB002031-
Attorney-Client
Sustained
Reveals confidential communication made
RB002036
in furtherance of legal services
RB002053-
Attorney-Client
Sustained
Reveals confidential communication made
RB002054
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002055
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002056-
Attorney-Client
Sustained
Reveals confidential communication made
RB002057
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB005058-
Work Product
Sustained
Opinion work product
RB002069
RB002073-
Attorney-Client
Sustained
Reveals confidential communication made
RB002075
in furtherance of legal services
RB002109
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB002110
Attorney-Client
Denied
Does not reveal confidential
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002112
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Denied
Not because of litigation
RB002113-
Attorney-Client
Sustained
Reveals confidential communication made
RB002118
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002163-
Attorney-Client
Sustained
Reveals confidential communication made
RB002166
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002167
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002168
Work Product
Sustained
Opinion work product
RB002173-
Attorney-Client
Sustained
Reveals confidential communication made
RB002174
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002213
Work Product
Sustained
Opinion work product
RB002217-
Attorney-Client
Denied
Does not reveal confidential
RB002219
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002220
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB002221-
Attorney-Client
Sustained
Reveals confidential communication made
RB002222
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002270-
Attorney-Client
Sustained
Reveals confidential communication made
RB002272
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002273
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB002274
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
RB002276
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002277-
Attorney-Client
Sustained
Reveals confidential communication made
RB002279
in furtherance of legal services
RB002280-
Attorney-Client
Sustained
Reveals confidential communication made
RB002282
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002283-
Attorney-Client
Sustained
Reveals confidential communication made
RB002285
furtherance of legal services
Work Product
Sustained
Opinion work product
RB002286-
Attorney-Client
Sustained
Reveals confidential communication made
RB002288
in furtherance of legal services
RB002289-
Attorney-Client
Sustained
Reveals confidential communication made
RB002290
in furtherance of legal services
RB002291
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002292-
Attorney-Client
Sustained
Reveals confidential communication made
RB002299
in furtherance of legal services
RB002300-
Attorney-Client
Sustained
Reveals confidential communication made
RB002302
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002303-
Attorney-Client
Sustained
Reveals confidential communication made
RB002304
in furtherance of legal services
RB002307
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002308
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002309
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB002318
Attorney-Client
Denied
Does not reveal confidential
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002324
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002325
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB002326-
Attorney-Client
N/A
RB002345
RB002348-
Attorney-Client
Sustained
Reveals confidential communication made
RB002353
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002354
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002359-
Attorney-Client
Sustained
Reveals confidential communication made
RB002360
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002361
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB002370-
Attorney-Client
Sustained
Reveals confidential communication made
RB002371
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002380
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002385-
Attorney-Client
Denied
Does not reveal confidential
RB002386
communication made in furtherance of legal services
RB002387-
Attorney-Client
Sustained
Reveals confidential communication made
RB002388
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002409
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002473-
Attorney-Client
Sustained
Reveals confidential communication made
RB002475
in furtherance of legal services
RB002497-
Attorney-Client
Sustained
Reveals confidential communication made
RB002500
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002503
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
RB002505
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB002542
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002558-
Attorney-Client
Sustained
Reveals confidential communication made
RB002559
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002573-
Attorney-Client
Sustained
Reveals confidential communication made
RB002574
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002736
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB002925-
Attorney-Client
Sustained
Reveals confidential communication made
RB002926
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002927-
Attorney-Client
Sustained
Reveals confidential communication made
RB002928
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002929
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB002930
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB002931
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB002932
Attorney-Client
Denied
Does not reveal confidential
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002933-
Attorney-Client
Sustained
Reveals confidential communication made
RB002934
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002936-
Attorney-Client
Sustained
Reveals confidential communication made
RB002937
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002938-
Attorney-Client
Sustained
Reveals confidential communication made
RB002942
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002960
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
RB002961-
Attorney-Client
Sustained
Reveals confidential communication made
RB002962
in furtherance of legal services
RB002963-
Attorney-Client
Sustained
Reveals confidential communication made
RB002965
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002966-
Attorney-Client
Sustained
Reveals confidential communication made
RB002969
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002970-
Attorney-Client
Sustained
Reveals confidential communication made
RB002972
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002973
Attorney-Client
Denied
Does not reveal confidential
communication made in furtherance of legal services
RB002974-
Attorney-Client
Sustained
Reveals confidential communication made
RB002975
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002976-
Attorney-Client
Sustained
Reveals confidential communication made
RB002979
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002980-
Attorney-Client
Sustained
Reveals confidential communication made
RB002981
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002982
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002983
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002984-
Attorney-Client
Sustained
Reveals confidential communication made
RB002985
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB002986
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB002997
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB002998
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB002999-
Attorney-Client
Sustained
Reveals confidential communication made
RB003000
in furtherance of legal services
RB003001
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003002
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003003-
Attorney-Client
Sustained
Reveals confidential communication made
RB003004
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003005
Attorney-Client
N/A
Work Product
RB003020-
Attorney-Client
Sustained
Reveals confidential communication made
RB003021
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003022
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB003025
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
RB003028
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Denied
Not because of litigation
RB003052
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003053
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003054
Work Product
Sustained
Opinion work product
RB003055
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003059
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003065
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003124
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB003125
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003126
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003127-
Attorney-Client
Sustained
Reveals confidential communication made
RB003128
in furtherance of legal services
RB003132-
Attorney-Client
Sustained
Reveals confidential communication made
RB003134
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003135-
Attorney-Client
Sustained
Reveals confidential communication made
RB003136
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003156
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003168-
Attorney-Client
Sustained
Reveals confidential communication made
RB003170
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003171
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003172
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003174-
Attorney-Client
Sustained
Reveals confidential communication made
RB003176
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003179-
Attorney-Client
Sustained
Reveals confidential communication made
RB003180
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003181
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003182
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003183
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003184
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003288
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB003290-
Attorney-Client
Sustained
Reveals confidential communication made
RB003298
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003562-
Attorney-Client
Sustained/
Sustained for the cover e-mail, which
RB003569
Denied
reveals confidential communication made
Work Product
Sustained/
in furtherance of legal services and
Denied
opinion work product; denied for the attached documentsunless otherwise privileged or nonresponsive
RB003590-
Attorney-Client
Sustained/
Sustained for the cover note, which
RB003595
Denied
reveals confidential communication made
Work Product
Sustained/
in furtherance of legal services and
Denied
opinion work product; denied for the attached documentsunless otherwise privileged or nonresponsive
RB003597-
Attorney-Client
Sustained
Reveals confidential communication made
RB003599
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003600
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003622-
Attorney-Client
Sustained
Reveals confidential communication made
RB003624
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003625-
Attorney-Client
Sustained
Reveals confidential communication made
RB003626
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003657-
Attorney-Client
Sustained
Reveals confidential communication made
RB003658
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003659
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003660
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB003661
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB003662-
Attorney-Client
Sustained
Reveals confidential communication made
RB003664
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003665-
Attorney-Client
Sustained
Reveals confidential communication made
RB003667
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003669-
Attorney-Client
Sustained
Reveals confidential communication made
RB003670
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003671
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003672-
Attorney-Client
Sustained
Reveals confidential communication made
RB003686
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003692
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB003694
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003695
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB003696-
Attorney-Client
Sustained
Reveals confidential communication made
RB003705
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB003706
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003707
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB003755
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB003756
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB004609
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB004610-
Attorney-Client
Sustained
Reveals confidential communication made
RB004611
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB004613
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB004614
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB004615-
Attorney-Client
Sustained
Reveals confidential communication made
RB004616
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB004617-
Attorney-Client
Sustained
Reveals confidential communication made
RB004628
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB004632-
Attorney-Client
Sustained
Reveals confidential communication made
RB004633
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB004634
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB004635-
Attorney-Client
Sustained
Reveals confidential communication made
RB004640
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB006242-
Attorney-Client
Sustained
Reveals confidential communication made
RB006244
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB007032
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB007033-
Attorney-Client
Sustained
Reveals confidential communication made
RB007034
in furtherance of legal services
RB007035-
Attorney-Client
Sustained
Reveals confidential communication made
RB007036
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB007045-
Attorney-Client
Sustained
Reveals confidential communication made
RB007058
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB007059-
Attorney-Client
Sustained
Reveals confidential communication made
RB007078
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB007079-
Attorney-Client
Sustained
Reveals confidential communication made
RB007092
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB007816-
Attorney-Client
Sustained
Reveals confidential communication made
RB007824
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB007825-
Attorney-Client
Sustained
Reveals confidential communication made
RB007839
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB008416
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB008419
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB008625
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB008646-
Attorney-Client
Sustained
Reveals confidential communication made
RB008649
in furtherance of legal services
RB008943
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB008945
Attorney-Client
Denied
Does not reveal confidential
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB008946-
Attorney-Client
Sustained
Reveals confidential communication made
RB008948
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB008949
Attorney-Client
Denied
Does not reveal confidential
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB008950-
Attorney-Client
Denied
Does not reveal confidential
RB008955
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB008978
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB008979-
Attorney-Client
Sustained
Reveals confidential communication made
RB008991
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB008982-
Attorney-Client
Sustained
Reveals confidential communication made
RB008985
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB008990-
Work Product
Sustained
Opinion work product
RB008992
RB008993-
Work Product
Sustained
Opinion work product
RB008994
RB008995-
Attorney-Client
Sustained
Reveals confidential communication made
RB008997
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB008998-
Attorney-Client
Sustained
Reveals confidential communication made
RB008999
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB009002-
Attorney-Client
Sustained
Reveals confidential communication made
RB009005
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB009009-
Attorney-Client
Sustained
Reveals confidential communication made
RB009012
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB009393-
Attorney-Client
Sustained
Reveals confidential communication made
RB009394
in furtherance of legal services
RB009410-
Attorney-Client
Sustained
Reveals confidential communication made
RB009411
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB009412
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB009414
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB009420-
Attorney-Client
Sustained
Reveals confidential communication made
RB009422
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB009642
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB012773
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB012855
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB012882
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Denied
Does not reveal any work product
RB012941-
Attorney-Client
Sustained/
Sustained for second sentence, which
RB012942
Denied
reveals confidential communication made in furtheranceof legal services; denied for remainder
Work Product
Denied
Not because of litigation
RB012983-
Attorney-Client
Sustained
Reveals confidential communication made
RB012985
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB012994
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB013014
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB013050
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB013168-
Attorney-Client
Sustained
Reveals confidential communication made
RB013169
in furtherance of legal services
RB013180
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB013189-
Attorney-Client
Sustained
Reveals confidential communication made
RB013190
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013269
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB013281-
Attorney-Client
Sustained
Reveals confidential communication made
RB013283
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013354-
Attorney-Client
Sustained
Reveals confidential communication made
RB013355
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013453-
Attorney-Client
Sustained
Reveals confidential communication made
RB013458
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013459-
Attorney-Client
Sustained
Reveals confidential communication made
RB013487
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013488-
Attorney-Client
Sustained
Reveals confidential communication made
RB013493
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013494-
Attorney-Client
Sustained
Reveals confidential communication made
RB013503
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013504-
Attorney-Client
Sustained
Reveals confidential communication made
RB013508
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013513-
Attorney-Client
Sustained
Reveals confidential communication made
RB013514
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013515-
Attorney-Client
Sustained
Reveals confidential communication made
RB013516
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013545
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
RB013688-
Attorney-Client
Sustained
Reveals confidential communication made
RB013696
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013699
Work Product
Sustained
Opinion work product
RB013701-
Attorney-Client
Sustained
Reveals confidential communication made
RB013704
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013705-
Attorney-Client
Sustained
Reveals confidential communication made
RB013711
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013712-
Attorney-Client
Sustained
Reveals confidential communication
RB013713
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013715-
Attorney-Client
Sustained
Reveals confidential communication
RB013716
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013717-
Attorney-Client
Sustained
Reveals confidential communication
RB013718
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013719-
Attorney-Client
Sustained
Reveals confidential communication
RB013720
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013721-
Attorney-Client
Sustained
Reveals confidential communication
RB013722
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013723-
Attorney-Client
Sustained
Reveals confidential communication
RB013724
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013725-
Attorney-Client
Sustained
Reveals confidential communication
RB013730
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013731-
Attorney-Client
Sustained
Reveals confidential communication
RB013742
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013743-
Attorney-Client
Sustained
Reveals confidential communication
RB013746
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013747-
Attorney-Client
Sustained
Reveals confidential communication
RB013753
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013754-
Attorney-Client
Sustained
Reveals confidential communication
RB013784
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013785-
Attorney-Client
Sustained
Reveals confidential communication
RB013790
made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013795-
Attorney-Client
Sustained
Reveals confidential communication made
RB013796
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013797
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB013800-
Attorney-Client
Sustained
Reveals confidential
RB013803
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013855-
Attorney-Client
Sustained
Reveals confidential communication made
RB013862
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB013867-
Work Product
Sustained
Opinion work product
RB013871
RB013872
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB013950
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB013951
Attorney-Client
Sustained
Reveals confidential communication made in furtheranceof legal services
Work Product
Sustained
Opinion work product
RB014115
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB014116
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB014117
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB014193
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB014194-
Attorney-Client
Sustained
Reveals confidential communication made
RB014197
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014224
Attorney-Client
N/A
Innocuous. See footnote 3, supra.
Work Product
RB014225
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB014226
Attorney-Client
N/A
Innocuous. See footnote 3, supra.
Work Product
RB014227-
Attorney-Client
Sustained
Reveals confidential communication made
RB014229
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014237
Attorney-Client
N/A
Innocuous. See footnote 3, supra.
Work Product
RB014238-
Attorney-Client
Sustained
Reveals confidential communication made
RB014240
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014248
Attorney-Client
Denied
Does not reveal confidential communication made infurtherance of legal services
Work Product
Sustained
Opinion work product
RB014249
Attorney-Client
Sustained
Innocuous. See footnote 3, supra.
RB014250-
Attorney-Client
Sustained
Reveals confidential communication made
RB014251
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014270-
Attorney-Client
Denied
Does not reveal confidential
RB014273
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014274-
Attorney-Client
Sustained
Reveals confidential communication made
RB014276
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014277-
Attorney-Client
Denied
Does not reveal confidential
RB014282
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014283-
Attorney-Client
Denied
Does not reveal confidential
RB014288
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014291-
Attorney-Client
Sustained
Reveals confidential communication made
RB014293
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014812-
Attorney-Client
Sustained
Reveals confidential communication made
RB014813
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014814
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014817
Attorney-Client
Denied
Does not reveal confidential
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014818
Attorney-Client
Denied
Does not reveal confidential
communication made in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014819-
Attorney-Client
Sustained
Reveals confidential communication made
RB014820
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014821-
Attorney-Client
Sustained
Reveals confidential communication made
RB014822
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014844-
Attorney-Client
Sustained
Reveals confidential communication made
RB014846
in furtherance of legal services
RB014941-
Work Product
Sustained
Opinion work product
RB014942
RB014944-
Attorney-Client
Sustained
Reveals confidential communication made
RB014948
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014950
Attorney-Client
Sustained
Reveals confidential communication made
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014969-
Attorney-Client
Sustained
Reveals confidential communication made
RB014972
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB014990-
Attorney-Client
Sustained
Reveals confidential communication made
RB015016
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB015277-
Attorney-Client
Sustained
Reveals confidential communication made
RB015280
in furtherance of legal services
Work Product
Sustained
Opinion work product
RB015282-
Attorney-Client
Sustained
Reveals confidential communication made
RB015284
in furtherance of legal services
Work Product
Sustained
Opinion work product
B1DP00089
Attorney-Client
Denied
Does not reveal confidential
4
communicationmade in furtherance of legal services
Work Product
Sustained
Opinion work product
B1DP00140
Attorney-Client
Sustained
Reveals confidential communication made
7
in furtherance of legal services
B1DP00144
Attorney-Client
Sustained
Reveals confidential communication made
In addition to the documents in the above chart, the SSA submitted two unbates-numbered documents referenced on its supplemental March 17, 2005 privilege log. These documents were the subject of Plaintiff's Rule 37 Motion to Compel Production of Documents, the resolution of which was stayed by my November 1, 2005 order pending in camera review of the two documents at issue. Banks v. Office of the Senate Sergeant-at-Arms, No. 03-56 (D.D.C. Nov. 1, 2005) (order). The SSA asserted the work product privilege for both documents on the ground that they reveal information that its counsel gathered during interviews conducted in anticipation of litigation. After reviewing these documents in camera, I find that they are an SSA employee's notes of a conversation with counsel and that the notes expressly state what counsel asked another employee and what counsel learned from that other employee during the course of conducting interviews because of the present litigation. As previously discussed, counsel's witness interviews are opinion work product. Accordingly, I will sustain the SSA's claim of work product protection for these two documents and plaintiff's motion to compel will now be denied.
5
in furtherance of legal services
" The attorney-client privilege only applies to communications that are the product of an attorney-client relationship and maintained as confidential between the attorney and the client. Brinton, 636 F.2d at 603. The mere fact that the person whose opinion is sought is an attorney does not create a privileged communication." Tri-State Hospital Supply Corp. v. United States, No. 00-1463, 2005 WL 3447890, at *3 (D.D.C. Dec.16, 2005).
Neither the description of this document on the SSA's privilege log nor the face of the document provides enough information to determine whether it is attorney-client privileged. As will be discussed later in this opinion, the SSA is instructed to file an in camera statement explaining why it believes this document is privileged.
Sustaining privilege for this document would trivialize the work product doctrine and the attorney-client privilege. However, because this document contains no information of use to this litigation, I will not order it produced.
II. MOTION TO EXPEDITE AND SET SCHEDULE
Plaintiff has moved the Court to " expedite the last of discovery in this matter" and to set a schedule for the filing of dispositive motions. However, in so moving, plaintiff does not explain what discovery remains outstanding. Nor does plaintiff propose a schedule for completing discovery or for filing dispositive motions. Therefore, in lieu of setting such deadlines, I will order the parties to meet and confer regarding the completion of discovery and the filing of dispositive motions and to file with the Court, no later than fourteen days from the date of this memorandum opinion, a joint proposed scheduling order. CONCLUSION
For the reasons stated herein, I will order defendant to produce, within 10 days of this memorandum opinion, all of the documents as to which its claim(s) of work product protection and attorney-client privilege have been denied. As to those documents for which the court has sustained the SSA's claims of privilege in part, defendant shall produce redacted versions of the materials to plaintiff. As to document number RB002326-RB002345, the SSA shall submit in camera, within 10 days of this opinion, a statement as to why it contends that it is protected by the attorney-client privilege.
ORDER
In accordance with the accompanying memorandum opinion, it is, hereby, ORDERED that
1. Defendant's claims of attorney-client privilege and work product protection for the documents submitted in camera, pursuant to this Court's November 1, 2005 order, are sustained in part and denied in part. Defendant shall produce to plaintiff, within ten days of the date of this order, all documents for which neither a claim of attorney-client privilege nor a claim for work product protection is sustained; and it is further ORDERED that
2. Defendant shall submit in camera, within ten days of this opinion, a statement as to why it contends that document number RB002326-RB002345 is protected by the attorney-client privilege; and it is further ORDERED that
3. Plaintiff's Rule 37 Motion to Compel Production of Documents [# 193] is DENIED; and it is further ORDERED that
4. Plaintiff's Unopposed Motion to Expedite Decision for Production of Non-Privileged Documents and to Set Schedule for Summary Judgment Briefing and Memorandum in Support [# 199] is DENIED; and it is further ORDERED that
5. The parties shall meet and confer regarding the completion of discovery and the filing of dispositive motions and file with the Court, no later than fourteen days from the date of this order, a joint proposed scheduling order.
SO ORDERED.