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Civil Practice – Discovery – Document Production – Form & Organization – Attorney-Client Privilege
North Carolina Lawyers Weekly Staff//September 1, 2011//
Civil Practice – Discovery – Document Production – Form & Organization – Attorney-Client Privilege
North Carolina Lawyers Weekly Staff//September 1, 2011//
Morris v. Scenera Research, LLC (Lawyers Weekly No. 11-15-0900, 29 pp.) (James L. Gale, J.) N.C. Bus. Ct. Click here for the full-text opinion.
Holding: Even though – before this case was remanded from federal court to state court – the parties agreed as to the form and organization of the production of documents in discovery, defendant’s actual production has left plaintiff unable to determine the source of many of the documents produced.
Defendant is directed to provide a report to the court as to whether it can provide plaintiff with information that correlates its document production to the source from which files were taken.
After an in camera review of communications to and from defendants’ counsel, plaintiff’s motion to compel discovery of the communications is denied in part. The court will conduct an in camera review of additional communications between in-house counsel and the assistant of defendant Fry’s father (who is also a founder and owner of defendant Scenera Research, LLC).
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