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Luna Gaming — San Diego LLC v. Dorsey Whitney

United States District Court, S.D. California
Jan 15, 2010
CASE NO. 06cv2804 BTM (WMc) (S.D. Cal. Jan. 15, 2010)
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Summary

holding that the parties' stipulated protective order did not govern a privilege waiver dispute, because while it provided that inadvertent disclosure of privileged documents would not constitute a waiver, "it does not address under what circumstances failure to object to the use of inadvertently produced privileged documents waives the privilege, which is what the Court must resolve here"

Summary of this case from Orthopaedic Hosp. v. DJO Glob.
See 7 Summaries

Opinion

CASE NO. 06cv2804 BTM (WMc).

January 15, 2010

ORDER GRANTING REQUEST FOR ONE-DAY EXTENSION

BARRY MOSKOWITZ, District Judge

On January 11, 2010, the Court ordered Dorsey Whitney, LLP to file a copy of a list of attorneys and related exhibits with the Court by January 18, 2010 at 5:00 p.m. Dorsey has requested a one-day extension [Doc. 284]. Good cause appearing, Dorsey's request is GRANTED. Dorsey must still submit the list and exhibits to Plaintiff's counsel by January 18, 2010 at 5:00 p.m. via e-mail or other convenient means, but it may submit the documents to the Court on January 19, 2010.

IT IS SO ORDERED.

Summaries of

Luna Gaming — San Diego LLC v. Dorsey Whitney

United States District Court, S.D. California
Jan 15, 2010
CASE NO. 06cv2804 BTM (WMc) (S.D. Cal. Jan. 15, 2010)

holding that the parties' stipulated protective order did not govern a privilege waiver dispute, because while it provided that inadvertent disclosure of privileged documents would not constitute a waiver, "it does not address under what circumstances failure to object to the use of inadvertently produced privileged documents waives the privilege, which is what the Court must resolve here"

Summary of this case from Orthopaedic Hosp. v. DJO Glob.

concluding that the producing party could not invoke Rule 502(b) where it failed to follow up with opposing counsel to obtain the return of the documents at issue and failed to petition the court for relief

Summary of this case from Williams v. Dist. of Columbia

discussing Fed. R. Evid. 502(b) governing disclosure of privileged documents

Summary of this case from Coda Dev. s.r.o., v. Goodyear Tire & Rubber Co.

explaining that disclosure of a privileged document normally constitutes a waiver unless the elements of Rule 502(b) are satisfied

Summary of this case from Audubon Soc'y of Portland v. Zinke

overruling finding that failure to object at deposition did not waive privilege due to clawback provision

Summary of this case from Hologram USA, Inc. v. Pulse Evolution Corp.

applying Rule 502(b) despite the existence of a court order that provided for a general nonwaiver of privilege for inadvertent disclosure because that court order failed to offer detailed instructions regarding post-production responsibilities

Summary of this case from U.S. Home Corp. v. Settlers Crossing, LLC

In Luna Gaming, the court found that the plaintiff did not take reasonable steps to rectify the error in disclosure where the defendant used the disputed document at a deposition.

Summary of this case from Datel Holdings Ltd. v. Microsoft Corp.
Case details for

Luna Gaming — San Diego LLC v. Dorsey Whitney

Case Details

Full title:LUNA GAMING — SAN DIEGO LLC, Plaintiff, v. DORSEY WHITNEY, LLP, et al.…

Court:United States District Court, S.D. California

Date published: Jan 15, 2010

Citations

CASE NO. 06cv2804 BTM (WMc) (S.D. Cal. Jan. 15, 2010)

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