Federal Trade Commission v. Adept Management, Inc. et al, No. 1:2016cv00720 - Document 297 (D. Or. 2018)

Court Description: Opinion and Order. The information sought by the FTC is relevant and is not subject to attorney-client privilege. Pl. FTC's Resp. Mot. Compel, 2-3 (#293). Therefore, Mr. Lennon is ordered to answer the FTC's question, "who was the beneficiary of Revista?[,]" under oath, in writing within 14 days of the date of this order. Please access entire text by document number hyperlink. Signed on 07/03/2018 by Magistrate Judge Mark D. Clarke. (rsm)
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Federal Trade Commission v. Adept Management, Inc. et al Doc. 297 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION FEDERAL TRADE COMMISSION, Civ. No. 1: l 6-cv-00720-CL Plaintiff OPINION AND ORDER V. ADEPT MANAGEMENT INC., et al, Defendants. CLARKE. Magistrate Judge. This case comes before the Court on Plaintiff FTC's Response (#293) to the motion to compel (#291) filed by Defendants Dennis Simpson and Reality Kats, LLC ("Simpson Defenda11ts"). Simpson Defendants' motion seeks to compel the resumption of depositions of third-party witness David Lennon and Defendant Jeffrey Hoyal, and for an order compelling them to answer questions for which they previously invoked privileges. In its response, the FTC does not oppose the Simpson Ddendants' motion, but instead seeks to compel Mr. Lennon to answer one specific question: '·\\'ho was the beneficiary of Revista?" In response to that question, Mr. Len11on refused to answer, citing Oregon Rule o I Professional Conduct 1.6. Lennon Dep. 126:16 - 127:22 (#292-2). Mr. Lennon conceded that Dockets.Justia.com he did not believe the information to be subject to attorney-client privilege, but nonetheless refused to answer based on a duty of confidentiality. Id. at 130:24 - 131 :6. Under Oregon Rule of Professional Conduct 1.6\a), '·[a] lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is implied!: authorized in order to carry out the representation or the disclosure is permitted by paragraph (b )."' Paragraph (b) then provides, "[a] lawyer may reveal information relating to the reprcst:ntation of a client to the extent the lm\yer reasonably believes necessary: ... (5) to comply with other law, court order, or as permitted by these Rules[.]" The information sought by the FTC is relevant and is not subject to attorney-client privilege. Pl. FTC's Resp. Mot. Compel, 2-3 (#293). Therefore, Mr. Lennon is ordered to answer the FTC's question, "who was the beneficiary of Revista?[,]" under oath, in writing. \\-ithin 14 days of the date of this order. It is so ORDERED and DAT. ,,... United States Magistrate Judge