Keim v. ADF Midatlantic, LLC » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Keim v. ADF Midatlantic, LLC

Keim v. ADF Midatlantic, LLC

Case Date: 05/30/2019
Citation: 2019 U.S. Dist. LEXIS 90195; 2019 WL 2298787
Court Type: Federal District
Court: Southern District of Florida (S.D. Fla.)
Judge: Federal Magistrate Judge: William Matthewman
Rule(s): Rule 26
Issues:

Defendant filed a motion to compel the production of emails sent from Plaintiff’s counsel to non-party telephone carriers related to modification and narrowing of subpoenas issued by the Plaintiff to the non-party telephone carriers. Defendant argues that the communications pertain to key issues of commonality for class certification. Plaintiff argues that the communications constitute opinion work product.

Resolution:

The court granted the motion to compel. The court first divided the emails into two categories: emails sent by carriers’ counsel to Plaintiff’s counsel and emails sent by Plaintiff’s counsel to carrier’s counsel. The court determined no work-product privilege exists for emails sent by carriers’ counsel because the carriers are neither parties to the case or have an interest in the case that would create a confidential relationship.  The emails sent by Plaintiff’s counsel to carriers’ counsel are not protected under the work product doctrine. The emails are not opinion work product, since they do not contain counsel’s strategy or legal theory for the case and contain information regarding the modification, scope, and execution of the subpoena. Second, even if the emails contained work product, any claim of protection was waived by Plaintiff’s counsel because the communications were with counsel for numerous telephone companies where there was no reasonable anticipation of confidentiality.

Relevant Documents:

Order Granting Defendants’ Motion to Compel Plaintiff’s Production of Carrier Subpoena Communications

Defendants’ Motion To Compel Plaintiff’s Production of Carrier Subpoena Communications

Plaintiff’s Memorandum in Opposition to Defendants’ Motion to Compel Plaintiff’s Production of Carrier Subpoena Communications

Defendants’ Reply In Support Of Motion To Compel Plaintiff’s Production of Carrier Subpoena Communications

E-Discovery Issues: Discovery Order, Motion to Compel, Third Party Subpoena
E-discovery Tags: Communication/Cooperation, Email, Non-Party Discovery
E-discovery subjects: Email

Published: June 9th, 2020

Category: Uncategorized


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