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Owner-Operator Independent Drivers Association, Carl Harp and v. Comerica Bank

October 19, 2011

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, CARL HARP AND MICHAEL WISE, AS REPRESENTATIVES OF THE CLASS AND THE CERTIFIED CLASS OF OWNER-OPERATORS,
PLAINTIFFS,
v.
COMERICA BANK,
DEFENDANT.



The opinion of the court was delivered by: Judge Algenon L. Marbley

Magistrate Judge King

United States District Court for the Southern District of Ohio,

ORDER

Pursuant to this Court's October 5, 2011, Order, Plaintiffs have submitted documents to the Court requesting in camera inspection. Having completed its review of the materials, the Court has determined the following:

1. The Court finds the following documents, to be privileged, and should not be produced:

a. (1) Biannual Litigation Reports by the Cullen Law Firm to the OOIDA Board of Directors from 2002-2011: All documents in this set are privileged.

b. (2) An email from counsel to OOIDA dated Aug. 17, 1998 regarding plaintiffs' appellate strategy in the Arctic and Prime appeals: All documents are privileged.

c. (3) Two (2) fax communications from OOIDA's counsel to OOIDA regarding correspondence from Arctic's counsel: All documents are privileged.

d. (4) Four (4) written communications between attorneys with the Cullen Firm and OOIDA regarding the Arctic Court's grant of class certification: Documents 3 and 4 (pp. 4-7) are privileged. Produce documents 1 and 2 (pp. 1-3).

e. (5) Communications between OOIDA and its cunsel regarding settlement of the Arctic and Comerica cases: Privileged, except for the letters between Arctic counsel and lawyers from The Cullen Law Firm within documents 3, 4, 5, and 6 of this set. Produce the letters between opposing counsel discussing settlement (but redact any headings of faxes sent between lawyer and client).

f. (6) Three (3) legal memoranda from OOIDA's counsel to OOIDA regarding bankruptcy matters: All documents are privileged.

g. (7) Communications between OOIDA and its counsel regarding the identity of Arctic class members and the distributions of Arctic settlement checks to class members: All documents in this set are privileged.

h. (8) Communications between OOIDA and its counsel regarding contempt proceedings against defendants in the Arctic case: Pages 1-6; 2-22; and 24-26 are privileged. Produce the ...


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