Summary
This district court order resolves overlapping motions regarding whether certain sealed documents and a hearing transcript should be unsealed. The court analyzes whether the plaintiff expressly or impliedly waived attorney-client privilege by disclosing communications with former counsel during a discovery dispute. While finding an express waiver limited to discovery-related strategy discussions, the court concludes that the scope of the waiver does not blanketly extend to the remaining sealed materials or the hearing transcript. Consequently, the motion to unseal is denied, though the plaintiff must provide redacted versions of any privileged communications falling within the waiver's scope.
Topics
Practice areas
Questions Presented
- Whether Plaintiff expressly waived the attorney‑client privilege by disclosing communications concerning discovery strategy.
- Whether Defendant is entitled to unseal the sealed hearing transcript and lodged materials.
Holdings
- Plaintiff expressly waived the attorney‑client privilege regarding communications that address discovery strategy.
- Defendant’s motion to unseal is denied; the seal remains in place for the lodged materials and hearing transcript, except that Plaintiff may obtain an unsealed copy of the transcript for his own use.
- Plaintiff is ordered to prepare redacted versions of the communications that he expressly waived, to be provided to Defendant upon reasonable request.
Key quotations
“The Court will therefore deny Defendant’s motion to unseal, but the Court hereby directs Plaintiff to prepare redacted versions of the lodged materials and all other similar materials upon Defendant’s reasonable request.”
Factual background
Plaintiff Peter Sayegh, an attorney, filed a notice of appearance and later became co‑counsel on his own case. His outside counsel withdrew without client consent, leading to a sealed filing of communications. A discovery dispute followed, and both parties filed motions to unseal the sealed transcript and lodged materials, alleging waiver of attorney‑client privilege.
Procedural history
Plaintiff filed a notice of appearance, his outside counsel withdrew, Plaintiff lodged sealed documents, and a discovery dispute arose. The court recused and reassigned the case, ultimately addressing motions to unseal and protective order.