RSUI Indemnity Company Inc v. Vision One LLC et al
Filing
137
ORDER FOR IN CAMERA REVIEW re 102 Agreed Stipulated MOTION and Proposed Order for in Camera Review or, in the Alternative, for Expedited Briefing Schedule filed by RSUI Indemnity Company Inc, Mullin Law Group; Mullin to produce documents to Chambers within 10 days by Judge Robert S. Lasnik. (RS)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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RSUI INDEMNITY COMPANY, INC.,
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Plaintiff,
Case No. C08-1386RSL
v.
ORDER FOR IN CAMERA REVIEW
VISION ONE, LLC, et al.,
Defendants.
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This matter comes before the Court on Plaintiff RSUI Indemnity Company, Inc’s
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(“RSUI”) and Mullin Law Group’s (“Mullin”) “Agreed Motion, Stipulation and Proposed Order
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for in Camera Review or, in the Alternative, for Expedited Briefing Schedule” (Dkt. # 102).
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RSUI and Mullin request that the Court conduct an in camera review of certain emails between
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Mullin and Admiral Insurance (“Admiral”), Defendant Berg Equipment & Scaffolding Co.,
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Inc.’s (“Berg”) primary insurer, that Mullin withheld from production in response to a subpoena
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from RSUI. In the alternative, RSUI and Mullin request an expedited briefing schedule for
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RSUI’s renewed motion to compel and Mullin’s renewed motion for protective order.
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The Court has previously determined that communications between Mullin and Berg’s
insurers regarding the underlying litigation are relevant to the claims presented in this case.
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ORDER FOR IN CAMERA REVIEW - 1
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Order (Dkt. # 84) at 2-3. Without providing much detail about the withheld emails, Mullin
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asserts that these documents are protected by the attorney-client privilege and the work-product
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doctrine. Agreed Motion (Dkt. # 102) at 3-4. RSUI contends that the emails between Mullin
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and Admiral, are not privileged and even if they are, Berg has waived the privilege by sharing
documents related to the same subject matter. Id. at 1-2.
Resolution of this discovery dispute requires an in camera review of all documents
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relating to communications between Mullin and Admiral concerning the underlying litigation,
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listed on the privilege log produced by Mullin. See Agreed Motion, Ex. A (Dkt. # 102-2). The
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Court GRANTS the agreed motion (Dkt. # 102). Mullin shall produce these documents to the
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chambers of the undersigned within 10 days of the date of this Order, for in camera review.
DATED this 28th day of November, 2012.
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A
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Robert S. Lasnik
United States District Judge
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ORDER FOR IN CAMERA REVIEW - 2
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