In re Slaughter

2 Citing briefs

  1. In Re: Checking Account Overdraft Litigation

    REPLY to Response to Motion re MOTION to Compel Plaintiffs Estella Lopez, Linda Mcdaniel, Charles Reed, Jr., John Stone, and Andrea Luquetta to Produce Documents and to Answer Interrogatories and Incorporated Memorandum of Law

    Filed November 29, 2010

    Precisely because these defenses are relevant, triable “matter[s] of fact,” Chase is entitled to discovery of the pertinent facts.4 B. Engagement Letters And Cost-Sharing And Other Agreements Concerning The Prosecution Of The Litigation Are Not Privileged and Are Discoverable Plaintiffs’ sole objection to Chase’s Document Request Nos. 28-31, which seek engagement agreements, fee agreements, and documents received by Plaintiffs seeking their participation in this action, is that the requested documents are protected by attorney-client privilege. Contrary to Plaintiffs’ objection, these documents are not generally privileged, as case law from this Circuit makes clear, see In re Slaughter, 694 F.2d 1258, 1260 (11th Cir. 1982); Armor Screen Corp. v. Storm Catcher, Inc., No. 07-81091, 2009 WL 2767664, at *1 (S.D. Fla. 4 Plaintiffs’ objection to communications with accountants based on privilege is limited, at best, to communications with a “certified public accountant or public accountant” for the express purpose of obtaining accounting advice. Fla. Stat. Ann. § 90.

  2. In Re: Checking Account Overdraft Litigation

    MOTION to Compel Plaintiffs Estella Lopez, Linda Mcdaniel, Charles Reed, Jr., John Stone, and Andrea Luquetta to Produce Documents and to Answer Interrogatories and Incorporated Memorandum of Law

    Filed November 17, 2010

    As the Eleventh Circuit has ruled, “the law in this circuit is that matters involving the receipt of fees from a client are not generally privileged.” In re Slaughter, 694 F.2d 1258, 1260 (11th Cir. 1982); see also Armor Screen Corp. Case 1:09-md-02036-JLK Document 930 Entered on FLSD Docket 11/17/2010 Page 11 of 17 - 10 - v. Storm Catcher, Inc., No. 07-81091, 2009 WL 2767664, at *1 (S.D. Fla. Aug. 31, 2009) (“[T]he communication of factual information, such as reports containing a litigation’s status, fee agreements, and retainer agreements are generally not protected by the attorney-client privilege.”).