Austin Cook, Harrison Follett, Charlie Allen, Sophie Sanders, Thomas Bartell, Justin Roberts, Carson McMaster, Alonso Barrantes, Brady Perkins, Jeremy Thompson, Paige Ludden, Keaton Hales, Trooper Johnson, Ryan Grimmius, Aidan Walsh, et al. v. DAVA Marketing, LLC, a Utah limited liability company, and DOES 1-10

Summary

The United States District Court for the District of Utah granted in part Defendants’ short-form discovery motion concerning Plaintiffs’ redactions and privilege claims. Following an in camera review, the court ordered production of descriptive material that was not protected by attorney-client privilege or the work-product doctrine, while upholding specified privilege claims. The court also ordered production in searchable native format and individual ESI disclosures consistent with the parties’ agreements.

Holdings

1. Descriptions of activities that were not confidential communications made to obtain legal assistance, or attorney-to-client communications conveying information for legal advice, were not protected by the attorney-client privilege and had to be produced.
2. The descriptive materials identified by the court were not protected by the work-product doctrine because they were not shown to have been prepared primarily in anticipation of real and imminent litigation rather than in the ordinary course of business.
3. The court upheld privilege for specified communication portions of COOK00246, COOK00255, COOK00258, COOK00261, COOK00266, and COOK00273, while ordering production of the descriptive portions identified in those documents and in COOK00260, COOK00262 through COOK00265, and COOK00267 through COOK00272.

Questions Presented

1. Whether portions of the disputed documents consisting of descriptions of activities were protected by the attorney-client privilege.
2. Whether the disputed descriptive materials were protected by the work-product doctrine.
3. What portions of the identified documents had to be produced following the court's in camera review.
4. Whether the parties should be required to produce documents in searchable native format and provide individual ESI disclosures consistent with their agreements.

Disposition

other