Reo v. Reynaud

Full title: BRIAN ANTHONY REO, Plaintiff, v. LUDIVINE JOAN CLAUDIA REYNAUD, Defendant.

Court: United States District Court, N.D. Ohio

Date published: Oct 14, 2022

1:22-cv-00510 (N.D. Ohio Oct. 14, 2022)

Opinion

1:22-cv-00510

10-14-2022

BRIAN ANTHONY REO, Plaintiff, v. LUDIVINE JOAN CLAUDIA REYNAUD, Defendant.

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE

OPINION & ORDER [Resolving Docs. 70, 73]

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE

Plaintiff Bryan A. Reo sues Defendant Ludivine Joan Claudia Reynaud for defamation, false light, and abuse of process.¹ Plaintiff now moves for leave to file under seal an email that Defendant's attorney inadvertently forwarded to Plaintiff. The email is attorney - client communication discussing Defendant's finances.² Defendant opposes and moves for an order compelling Plaintiff to delete the inadvertently disclosed email.³

1 Doc. 1.

2 Doc. 70.

3 Docs. 73, 75.

Rule 502(b) of the Federal Rules of Evidence instructs that an inadvertent disclosure "does not operate as a waiver [of attorney-client privilege] in a federal or state proceeding if: (1) the disclosure is inadvertent; (2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps to rectify the error[.]”⁴

4 Fed.R.Evid. 502(b).

Here, defense counsel intended to send the email to Defendant Reynaud. Neither party disputes that fact.⁵

5 Docs. 70, 75.

In the email, defense counsel specifically included the "Subject to Attorney Client Privilege” language in red font to prevent disclosure and waiver of attorney-client privilege.⁶About seven hours after defense counsel's initial email was sent and three minutes after Plaintiff notified defense counsel of his receipt of the email, defense counsel responded, "this email was obviously inadvertently sent to you. We demand that you destroy it. Please confirm.”⁷

6 Doc. 75.

7 Docs. 70, 75.

As defense counsel acted quickly to rectify the error, the inadvertent disclosure does not operate as a waiver of attorney-client privilege. The inadvertently disclosed email is still subject to attorney-client privilege.

This Court DENIES Plaintiff's motion for leave to file a sur reply under seal, GRANTS Defendant's motion to compel, and ORDERS Plaintiff to delete the inadvertently disclosed email.

IT IS SO ORDERED.