Opinion
04 Civ. 4143 (PAC) MHD).
October 11, 2005
MEMORANDUM ORDER
Defendant has sought production of "[a]ll documents concerning communications of any kind between plaintiffs and clients of Jones Lang LaSalle located in New York and/or Chicago in regard to: a) this lawsuit and/or b) solicitation of business from such clients." (Deft's Supplemental Request # 7). Plaintiffs have objected, asserting that the documents sought are irrelevant to the issues in the case and are protected by work-product immunity.
Depending upon the nature of any responsive documents — which have not yet been described — it is at least conceivable that some may fall within the broad ambit of relevance for discovery purposes. In view of the sparsity of the record on this point and plaintiff's new invocation of the work-product rule — as to which they bear the burden of proof — we direct that plaintiffs serve and file one or more affidavits by October 17, 2005 documenting the specific facts on which they premise their assertion of work-product immunity. As part of their showing, plaintiffs must describe with some specificity the nature of the documents that are responsive to defendant's request. Defendant may serve and file responding papers by October 19, 2005.