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442(Civil Rights: Jobs) | Texas Southern
Letter regarding Discovery Deficiencies by Starcon International, Inc., The Cianbro Companies, filed. (Attachments: # 1 Exhibit 1)(Palmer, Kelcy) (Entered: 03/12/2021)
P.I.: Other | Massachusetts
Order on Motion to Quash
Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered denying in large part 200 Defendants Firstlight Power Resources Services, LLC and Firstlight Hydro Generating Company's Motion to Quash Subpoena to Mill Valley Splicing, Inc as well as 201 their Motion to Quash Subpoena to Robert N. Smart for the reasons set forth at the hearing on July 15, 2014. In essence, the court concludes as to the Smart Report that Defendants' production of the report to OSHA had been purposeful, not inadvertent, and that Defendants had thereby waived all claims of privilege and/or work product protection with respect to Smart's post-accident investigation and documents and notes created at that time, except as to the attorney-client privilege which would directly reveal Defendants' attorney's thought processes and advice. The same privilege, if applicable, may be claimed with respect to documents in the possession of Mill Valley Splicing. All such documents, notes, etc. shall be produced to Plaintiff no later than July 25, 2014, together with a privilege log which sets out the basis and specific scope of the attorney-client privilege claimed for any withheld document. Of course, any documents in the possession of Smart and/or Mill Valley Splicing which were created prior to the accident and which can fairly be said to be relevant to Plaintiff's claims shall be produced by July 25, 2014, as well. So ordered. (Neiman, Kenneth)
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