Opinion
No. CIV 05-0073 JB/KBM.
August 29, 2005
Counsel:
John S. Stiff, Nancy Simmons, John S. Stiff Associates, LLC, Albuquerque, New Mexico, Attorneys for the Plaintiff.
Henry F. Narvaez, Bryan Garcia, Narvaez Law Firm, P.A., Albuquerque, New Mexico, Attorneys for the Defendants.
ORDER
THIS MATTER comes before the Court on the Defendants' Motion to Compel Discovery Responses, filed July 20, 2005 (Doc. 33). The Court held a hearing on this matter on August 25, 2005. Consistent with the Court's ruling at the hearing on this motion, and for the reasons given at the time of the hearing, the Court will grant in part the Defendants' motion and deny in part without prejudice. The Court orders the Plaintiff Cindy Burleson to submit the documents at issue to the Honorable Karen B. Molzen, United States Magistrate Judge, for an in camera review. The Court will deny the motion insofar as it seeks a ruling that Burleson waived attorney-client or work-product privilege. If Burleson attempts to use her attorney for anything beyond a fact witness on two statements made to him, the Defendants can re-approach the Court and revisit the waiver issue.
IT IS ORDERED that the Defendants' Motion to Compel Discovery Responses is granted in part and denied in part without prejudice.