Lisa Thompson v. Westinghouse Electric Company, LLC

Summary

The United States District Court for the Eastern District of Louisiana denied Plaintiff Lisa Thompson’s objection to the Magistrate Judge’s order concerning a motion to compel. Applying the clearly erroneous standard under Federal Rule of Civil Procedure 72(a), the court found no error in the determination that the motion was untimely and that a clawback request was proper because the inadvertently produced document was privileged.

Holdings

1. The district court found no clear error in the magistrate judge's determination that Plaintiff's motion to compel was untimely and denied the objection.
2. The court rejected Plaintiff's argument that Defendant waived its right to assert privilege over the document merely because the document was inadvertently produced.

Questions Presented

1. Whether the magistrate judge clearly erred in determining that Plaintiff's motion to compel was untimely.
2. Whether the magistrate judge clearly erred in finding that WESTINGHOUSE 000270 was privileged and that Defendant could properly claw back the inadvertently produced document.
3. Whether inadvertent production waived Defendant's right to assert attorney-client or work-product protection over the document.

Disposition

other