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Walter v. Cincinnati Zoo and Botanical Garden

May 25, 2006

MARY ALICE WALTER, PLAINTIFF,
v.
THE CINCINNATI ZOO AND BOTANICAL GARDEN, DEFENDANT.



The opinion of the court was delivered by: District Judge Susan J. Dlott

WITNESS ALBERT T. BROWN

ORDER TO NONPARTY TO SUBMIT TYPED REPORT FOR COURT'S IN CAMERA REVIEW

This matter comes before the Court on nonparty witness Albert T. Brown, Jr.'s Motion for Protective Order and Witness Fees ("Motion to Quash") (doc. #18); Supplemental Memorandum in Support of Motion for Protective Order and Witness Fees (doc. #21); and Supplemental Declaration (doc. # 31). On April 6, 2006, this Court held a discovery conference regarding Mr. Brown's Motion to Quash and the related discovery dispute between the parties. On May 3, 2006, this Court ordered Mr. Brown to submit additional evidence regarding his former client, Ms. Karen Wilson's, creation of the notes in dispute or face denial of his Motion to Quash. (See doc. # 26). Mr. Brown has since submitted his Supplemental Declaration, in which he declared that, although Ms. Wilson did once give him handwritten notes, he returned them to her on October 18, 1998 and retained no copies. (Doc. # 31 at 1.) He has also declared that on July 10, 1998, Ms. Wilson delivered to him what he called "a typed report of events" which he apparently still has in his possession. (Id.) The typed report therefore appears to be the only document in dispute. Having reviewed Mr. Brown's Motion to Quash and supplemental materials, as well as Ms. Wilson's deposition testimony and the relevant case law, the Court finds that it would be helpful to review the typed report before ruling on Mr. Brown's Motion to Quash (doc. # 18). The Court therefore ORDERS that, by May 30, 2006, Mr. Brown submit to this Court, in camera, a copy of the typed report to which he refers in his Supplemental Declaration. (See doc. # 31 at 1.)*fn1

IT IS SO ORDERED.

Susan J. Dlott United States ...


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