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Robert T. Garrard, et al v. Pirelli Tire LLC

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 14, 2012

ROBERT T. GARRARD, ET AL., PLAINTIFFS,
v.
PIRELLI TIRE LLC, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge

ORDER

Pursuant to the Court's Order dated April 27, 2012, Plaintiffs Robert Garrard and William Jasper submitted, for in camera review, all documents referring or relating to settlements, covenants not to sue, releases, loan agreements or any other stipulations or agreements between any plaintiff and any person or entity against whom any plaintiff has or had a claim arising from or relating to the subject occurrence as requested by Defendant Pirelli Tire LLC in its discovery requests. The Court has reviewed the documents in camera and hereby ORDERS the following:

DOCUMENTS SUBMITTED BY PLAINTIFF ROBERT GARRARD NATURE OF THE DATE PRIVILEGES RULING DOCUMENT ASSERTED BY PLAINTIFF

String of email June 6, 2011 Work-Product; These documents communications between Common shall be produced -- Becky Hayes, Chris Interest/Joint they are not subject Kolker, Benjamin Prosecution to the Work-Product Willman about scheduling or Common a conference call to Interest/Joint discuss the case Prosecution privileges.

String of email July 6, 2011 Work-Product; These documents communications between Common shall not be Becky Hayes, Chris Interest/Joint produced as they are Kolker, Benjamin Prosecution protected by Work-Willman and Brad Lakin Product and regarding the state action Common Interest/Joint Prosecution privileges.

String of email July 7, 2011 Work-Product; These documents communications between Common shall not be Becky Hayes, Brad Lakin, Interest/Joint produced as they are Chris Kolker and Prosecution protected by Work-Benjamin Willman Product and regarding dismissal of the Common state action Interest/Joint Prosecution privileges.

Two email August 23, 2011 Work-Product; These documents communications between Common shall not be Brad Lakin, Chris Kolker, Interest/Joint produced as they are Benjamin Willman and Prosecution protected by Work-Becky Hayes regarding Product and the tolling agreement Common Interest/Joint Prosecution privileges.

String of email August 26, 2011 Work-Product; These documents communications between August 28, 2011 Common shall not be Brad Lakin, Benjamin August 29, 2011 Interest/Joint produced as they are Willman, Chris Kolker, Prosecution protected by Work-Brian Burge and Becky Product and Hayes regarding the Common tolling agreement Interest/Joint Prosecution privileges.

String of email August 30, 2011 Work-Product; These documents communications between September 1, 2011 Common shall not be Chris Kolker, Brian September 2, 2011 Interest/Joint produced as they are Burge, Benjamin Prosecution protected by Work-Willman, Brad Lakin and Product and Becky Hayes regarding Common the tolling agreement and Interest/Joint arbitration clause Prosecution privileges.

One email communication September 6, 2011 Work-Product; These documents from Benjamin Willman Common shall not be to Brian Burge, Brad Interest/Joint produced as they are Lakin, Chris Koler and Prosecution protected by Work-Becky Hayes regarding Product and the commencement of the Common federal action Interest/Joint Prosecution privileges.

Two email September 6, 2011 Work-Product; These documents communications between September 8, 2011 Common shall not be Brian Burge, Benjamin Interest/Joint produced as they are Willman, Chris Kolker, Prosecution protected by Work-Brad Lakin and Becky Product and Hayes regarding the Common federal action and the Interest/Joint tolling and arbitration Prosecution agreements privileges.

String of email September 1, 2011 Work-Product; These documents communications between September 8, 2011 Common shall not be Chris Kolker, Cheryl September 9, 2011 Interest/Joint produced as they are Callis, Scott Bjorseth, September 12, 2011 Prosecution protected by Work-Benjamin Willman and Product and Charlene regarding the Common federal action and the Interest/Joint tolling and arbitration Prosecution agreements privileges.

String of email September 13, 2011 Work-Product; This document shall communications between Common be produced -- it is Chris Kolker, Benjamin Interest/Joint not subject to the Willman, Brad Lakin and Prosecution Work-Product or Brian Burge regarding the Common commencement of the Interest/Joint federal action and the Prosecution tolling agreement privileges.

DOCUMENTS SUBMITTED BY PLAINTIFF WILLIAM JASPER NATURE OF THE DATE PRIVILEGE RULING DOCUMENT ASSERTED BY PLAINTIFF

String of email June 6, 2011 Attorney-Client These documents communications between shall be produced -- Becky Hayes, Chris they are not subject Kolker, Benjamin to the Attorney-Willman about setting up Client privilege. a conference call String of email June 23, 2011 Attorney-Client These documents communications between June 24, 2011 shall not be Benjamin Willman, Chris June 26, 2011 produced as they are Kolker, Brad Lakin, June 27, 2011 protected by Work-Becky Hayes and July 6, 2011 Product and Charlene regarding the July 7, 2011 Common commencement of the Interest/Joint federal action, the tolling Prosecution agreement and scheduling privileges. a conference call Email communication August 3, 2011 Attorney-Client These documents from Chris Kolker to shall be produced -- Benjamin Willman, Deme they are not subject Sotiriou, Cheryl Callis and to the Attorney-Scott Bjorseth regarding Client privilege. the filing a dismissal String of email August 3, 2011 Attorney-Client These documents communications between August 11, 2011 shall not be Benjamin Willman, Brad August 19, 2011 produced as they are Lakin, Chris Kolker and August 23, 2011 protected by Work-Becky Hayes regarding Product and the dismissal of the state Common action and Interest/Joint commencement of the Prosecution federal action privileges.

Email communication August 25, 2011 Attorney-Client These documents from Chris Kolker to shall not be Benjamin Willman produced as they are regarding the tolling protected by Work-agreement and arbitration Product and clause Common Interest/Joint Prosecution privileges.

String of email August 26, 2011 Attorney-Client These documents communications between August 28, 2011 shall not be Benjamin Willman, Chris August 29, 2011 produced as they are Kolker, Brad Lakin, Brian August 30, 2011 protected by Work-Burge and Becky Hayes Product and regarding the Common commencement of the Interest/Joint federal action, the tolling Prosecution agreement and arbitration privileges. clause String of email September 1, 2011 Attorney-Client These documents communications between September 2, 2011 shall not be Chris Kolker, Cheryl September 8, 2011 produced as they are Callis, Scott Bjorseth, September 9, 2011 protected by Work-Benjamin Willman and Product and Charlene regarding the Common tolling agreement and Interest/Joint arbitration clause Prosecution privileges.

String of email September 6, 2011 Attorney-Client These documents communications between September 8, 2011 shall not be Benjamin Willman, Chris September 9, 2011 produced as they are Kolker, Brad Lakin, Brian September 12, 2011 protected by Work-Burge and Becky Hayes Product and regarding the Common commencement of the Interest/Joint federal action Prosecution privileges.

String of email September 9, 2011 Attorney-Client These documents communications between shall not be Benjamin Willman, Brad produced as they are Lakin and Chris Kolker protected by Work-regarding expert witness Product and expenses Common Interest/Joint Prosecution privileges.

String of email September 13, 2011 Attorney-Client These documents communications between shall be produced -- Brad Lakin, Benjamin they are not subject Willman and Brian Burge to the Attorney-regarding the amended Client privilege. complaint in the federal action Email communication September 13, 2011 Attorney-Client These documents from Chris Kolker to shall not be Benjamin Willman and produced as they are Brad Lakin regarding the protected by Work-tolling agreement Product and Common Interest/Joint Prosecution privileges.

Based upon the foregoing, Plaintiffs are hereby ORDERED to produce the documents consistent with this Order by May 18, 2012.

IT IS SO ORDERED.

20120514

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