-TCB Sunrise Development, Inc. v. DiMella Shaffer Associates, Inc., No. 1:2011cv00124 - Document 65 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION re: 34 Motion to Compel Discovery Responses. (see Order for details) Signed by Magistrate Judge Theresa Carroll Buchanan on 9/22/11. (tfitz, )
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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Sunrise Development, Inc., Plaintiff, v. Dimella Shaffer Associates, Inc., Defendant. ) ) ) ) ) ) ) ) ) Civil Action No. 1:11cv124 MEMORANDUM OPINION THIS MATTER came before the Court on Defendant's Motion to Compel Discovery Responses (Doc. 34). The Court has reviewed the pleadings as well as the documents submitted in camera. The Court finds that Document #39 clearly contains legal advice and is protected by the attorney client privilege. Although plaintiff may have only initially claimed attorney work product privilege with regard to this document, the Court finds that is appropriately withheld. The Court will not undertake a line-by-line review to determine if it is identical to the document sent to Weitz, although defendant may obviously use the document it already has in its possession. As to the remainder of the documents at issue, the Court finds that plaintiff s claims of attorney client communications, attorney work product and Federal Rules of Evidence 408 are appropriate and these documents are also appropriately withheld. Therefore, plaintiff s Motion to Compel Discovery Responses (Doc. 34) is DENIED. An appropriate order shall be issued. ENTERED this 22nd day of September, 2011. /s/ THERESA CARROLL BUCHANAN UNITED STATES MAGISTRATE JUDGE Alexandria, Virginia
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