Opinion
Case No. 2:03CV-0272
May 12, 2004
DANIEL W. JACKSON, Esq., Salt Lake City, Utah, for Plaintiff
MARGARET H. OLSON, Esq., HOBBS OLSON, L.C., Salt Lake City, Utah, for Plaintiff
Nathan D. Pace, Esq., Stacey G. Schmidt, Esq., Thayer C. Lindauer, Esq., PACE HUGHES, L.L.C., for Defendants
ORDER ON PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS (JEFFERSON FAIRCHILD)
On or about October 16, 2003 Plaintiff Whole Living, Inc. filed a Motion to Compel Production of Documents ("Jefferson Fairchild"). In December, 2003, Defendant's counsel provided nine documents to the Court for in camera review. Given the issues raised in the briefing and at oral argument on December 7, 2003, this Court scheduled an evidentiary hearing on the issues.
1. Plaintiff's Motion to Compel is denied as it relates to the piercing of the attorney client and work product privileges. The Court reviewed, but will not compel the production of, the documents submitted for in camera review.
2. The Court is convinced Jefferson Fairchild committed perjury during the 4/10/03 hearing. The Court recommends that Plaintiff's counsel refer the matter for investigation and/or prosecution.
3. Jefferson Fairchild is ordered to make his hard drive available to Plaintiff's counsel for review. Defendants' counsel shall make Jefferson Fairchild's Palm Pilot available to counsel.
4. The Court finds no reason for further inquiry into pro had vice attorney Ted Lindauer at this hearing.
5. Both parties' request for an award of fees is denied.