Opinion
MDL875 EDPA CIVIL NO. 10-83254 EDPA CIVIL NO. 10-83255
10-03-2011
IN RE; ASBESTOS PRODUCTS LIABILITY LITIGATION (No.VI) GEORGE DONALD ELLIS v. 3M COMPANY, et al. SIDNEY WILLIAM MAUNEY v. AO SMITH CORP, et al.
ORDER
And now, this 3 day of October, 2011, pursuant to Federal Rule of Civil Procedure 45, and for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that, within 14 days of the date of this order, plaintiffs shall pay to nonparty Duke Energy Corp. ("Duke") the sum of $134,989.06 to reimburse Duke for the reasonable costs associated with its document production. By that same deadline, Duke shall produce to plaintiffs a log of documents withheld or redacted on grounds of privilege. Finally, Duke shall maintain and share with plaintiffs an accounting of time and costs associated with producing documents in response to defense subpoenas, and the parties and Duke shall attempt to reach agreement on a method for sharing such costs including, if appropriate, reimbursement to plaintiffs for amounts representing efforts that did not have to be undertaken in view of the production to plaintiffs.
BY THE COURT
ELIZABETH T. HEY
UNITED STATES MAGISTRATE JUDGE