Summary
adopting special master's report and recommendation
Summary of this case from In re Bard IVC Filters Prods. Liab. Litig.Opinion
No. CV-11-02493-PHX-DGC
05-24-2013
ORDER
Pursuant to the Order dated February 28, 2013 (Doc. 60), the Special Master appointed in this case submitted his Report and Recommendation ("R&R") on April 17, 2013 (Doc. 84). Plaintiff filed an objection to the R&R (Doc. 85) and Defendant filed a response (Doc 86).
The Special Master found that Defendant's Fifth Privilege Log satisfied the requirements of Rule 26(b)(5). Doc. 84 at 19. Plaintiff objects to that finding, arguing that the log contains "and/or" descriptions and entries for documents about which no privilege is claimed. Doc. 85 at 3-4. In its response, Defendant has agreed to revise the log to satisfy these concerns. Doc. 86 at 2. With those modifications, the Court finds that the log satisfies Rule 26(b)(5).
The Special Master further recommends additional in camera review. Doc. 84 at 19. The parties agree that additional in camera review is not necessary. Doc. 85 at 5; Doc. 86 at 3. Accordingly, the Court will not order additional in camera review.
Finally, the Court agrees with the Special Master's finding that each side shall pay one-half of the Special Master's fee. Doc. 84 at 20; Doc. 60 at 2.
IT IS ORDERED:
1. The R&R (Doc. 84) is adopted in part as set out above.
2. The parties shall each pay 50% of the Special Master's fee.
3. The Court appreciates the Special Master's assistance in this matter.
____________________
David G. Campbell
United States District Judge