Opinion
Case No. 2:08-cv-00162-JCM-GWF.
October 21, 2010
ORDER Motion to Compel Discovery — #212
This matter is before the Court on Plaintiff Love Money, LLC's First Motion to Compel Discovery from the Caesars Defendants and for Sanctions (#212), filed March 23, 2010; Caesars Defendants' Opposition to Plaintiff Love Money, LLC's First Motion to Compel Discovery from the Caesars Defendants and for Sanctions (#229), filed April 16, 2010; Plaintiff Love Money, LLC's Reply to Caesars Opposition to Motion to Compel Discovery from Caesars (#238), filed April 26, 2010; and Caesars Defendants' Notice of Submittal of Privileged Documents for In Camera Review, received by the Court on September 1, 2010. The Court held a hearing on this matter on May 12, 2010.
Defendants Caesars Palace Corp. and Caesars Palace Realty Corp. (the "Caesars Defendants") submitted the present pleading and attached documents in compliance with the Court's May 12, 2010 Order (#260). At the conclusion of the May 12, 2010 hearing, the Court ordered the parties to further confer regarding disclosure of the documents at issue. (#260). If no consensus could be reached regarding the documents' privileged status, the Court ordered the Caesars Defendants to submit the documents for in camera review to determine if they qualify as privileged. Based on the Forum Defendants' submission and the prior pleadings, the Court will now determine whether the documents are privileged under the joint defense agreement, attorney-client privilege or work-product doctrine: Documents Privilege Reasoning Decision August 25, 2007 email from Dave Bennett at 3:07 a.m.
Caesars 01577 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. Caesars 01626-28 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM and the preparation of materials in anticipation of litigation. Caesars 01636 Not privileged The redacted email is not privileged as it merely discusses the existence of a media article on Poetry nightclub and does not seek or provide legal advice. Caesars 01641-42 Not privileged The redacted email is not privileged as it merely discusses factual details related to flyers and does not seek or provide legal advice. Caesars 01654-61 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding the Nevada Gaming Control Board. Caesars 01667-70 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding shooting incident. Caesars 01704-05; Privileged Counsel for Caesars discusses legal strategy with Caesars 01706-07; Caesars representatives regarding OPM and the and preparation of materials in anticipation of litigation. Caesars 01709-11 Caesars 01719-20 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. Caesars 01722-23; Privileged Counsel for Caesars discusses legal strategy with Caesars 01725-26; Caesars representatives regarding Poetry and the Caesars 01728-30; preparation of materials in anticipation of litigation. Caesars 01731-32; Caesars 01734; Caesars 01740-41; Caesars 01743-44; Caesars 01746-47 and Caesars 01753-62 Caesars 01785-87 Privileged Counsel for Caesars discusses legal strategy with and Caesars representatives regarding security and the Caesars 01788-90 preparation of materials in anticipation of litigation. Caesars 01799-1800 Privileged Counsel for Caesars discusses legal strategy with and Caesars representatives and Forum Shops Caesars 01802-03 representatives regarding OPM. The communication is privileged under the attorney-client privilege and the joint defense agreement. Caesars 01822 and Not privileged The redacted email is not privileged as it merely Caesars 01824-25 discusses the existence of a media article on Poetry nightclub and does not seek or provide legal advice. Caesars 01863-65; Privileged Counsel for Caesars discusses legal strategy with Caesars 01867-68; Caesars representatives regarding security and the and preparation of materials in anticipation of litigation. Caesars 01873 Caesars 01875-76 Privileged Counsel for Caesars discusses legal strategy with and Caesars representatives regarding Poetry and the Caesars 01877-78 preparation of materials in anticipation of litigation. Caesars 01884-86; Partially Emails at issue are not privileged under attorney-client Caesars 01887-89; privileged as privilege because many do not involve communication Caesars 01907-09; work product, with counsel and those that do involve counsel are not and but not under seeking or providing legal advice. Caesars 01910-11 attorney-client privilege The communications are, however, partially privileged as work product as they are regarding the preparation of materials in anticipation of litigation, with the following exception, which is not privileged: 1. The email is not privileged as it contains a factual discussion regarding the distribution of flyers and is not in anticipation of litigation Caesars 01918-22 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. Caesars 01979-80; Privileged Counsel for Caesars discusses legal strategy with Caesars 01981-82; Caesars representatives regarding the Gaming Control Caesars 02000-01; Board and the preparation of materials in anticipation Caesars 02002-03; of litigation and Caesars 02004-05 Caesars 02008 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding an investigation and the preparation of materials in anticipation of litigation. Caesars 02088-91 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. Caesars 02092-95 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. Caesars 02216-21; Privileged Counsel for Caesars discusses legal strategy with Caesars 02222-27; Caesars representatives regarding OPM and the Caesars 02228-29; preparation of materials in anticipation of litigation. and Caesars 02230-36 Caesars 02308-09 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding OPM. Caesars 02331-33; Privileged Counsel for Caesars discusses legal strategy with Caesars 02334-36; Caesars representatives regarding OPM and the and preparation of materials in anticipation of litigation. Caesars 02337-39 Caesars 02384 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding surveillance and the preparation of materials in anticipation of litigation. Caesars 02403-07 Privileged Counsel for Caesars discusses legal strategy with Caesars representatives regarding parking and the preparation of materials in anticipation of litigation. Accordingly,IT IS HEREBY ORDERED that Plaintiff Love Money, LLC's First Motion to Compel Discovery from the Caesars Defendants and for Sanctions (#212) is granted in part and denied in part. The Caesars Defendants shall produce the non-privileged material discussed above to Plaintiffs on or before November 8, 2010. If they have not already done so, the Caesars Defendants shall disclose the unredacted portions of the materials discussed above to Plaintiffs on or before November 8, 2010. IT IS FURTHER ORDERED that the Court finds an award of sanctions is not warranted.
DATED this 21st day of October, 2010.