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Hustler Cincinnati, Inc. v. Cambria

United States District Court, Sixth Circuit

August 23, 2013

HUSTLER CINCINNATI, INC., et al., Plaintiffs,
v.
PAUL J. CAMBRIA, JR., ESQ., et al., Defendants.

ORDER

KAREN L. LITKOVITZ, Magistrate Judge.

This matter is before the Court following a telephonic status conference held on August 22, 2013, before the undersigned magistrate judge regarding: (1) plaintiffs' request to extend the fact and expert discovery deadlines; (2) attorney-client privilege issues relating to the pending depositions of Lou Sirkin, Esq., and defendant attorneys; and (3) production of outstanding discovery.

In the interest of ensuring a complete factual record and given the complexity of both the legal issues presented by plaintiffs' claims and the procedural difficulties in coordinating out-ofstate depositions, the undersigned finds that extension of the discovery deadlines is appropriate. Accordingly, discovery shall proceed in this matter as follows:

1. Plaintiffs to make expert discovery disclosures and produce expert reports: September 30, 2013;
2. Defendants to make expert discovery disclosures and produce expert reports: October 30, 2013;
3. Fact discovery deadline: November 22, 2013.

Regarding the deposition of attorney Lou Sirkin by plaintiffs, the Court agrees there is a high likelihood that issues of attorney-client privilege will require Court resolution during the course of the deposition. Therefore, the deposition may proceed at the Potter Stewart Courthouse in Cincinnati, Ohio on September 17, 2013, in the Alternative Dispute Resolution Room, Room# 210. The undersigned magistrate judge will be available to resolve any potential disputes that arise during this deposition. To assist the Court's understanding of the attorneyclient privilege and waiver issues likely to arise during this deposition, the parties shall simultaneously submit briefs addressing these issues on or before September 3, 2013, and responses shall be submitted on or before September 10, 2013.

The parties also raised concerns as to attorney-client privilege issues that may arise during the depositions of the defendant attorneys which are scheduled to proceed the first week of September 2013 in Buffalo, New York. At issue is whether outside counsel may appear at the Buffalo depositions on behalf of Larry Flynt, who is not a party to this lawsuit, to assert objections to questions that may elicit potentially privileged testimony from the defendant attorneys who purportedly represented Larry Flynt during the transactions at issue in this lawsuit. Also at issue is whether defendant attorneys and Larry Flynt have previously waived attorneyclient privilege as to these matters in prior testimony and other litigation. The Court is without sufficient information at this time to make a determination as to the appropriateness of having counsel for a non-party appear at and participate in the deposition of the defendant attorneys or whether the privilege has previously been waived. The parties and counsel for Larry Flynt shall submit briefs to the Court on these issues by 5:00p.m. on August 26, 2013. Counsel for defendants is directed to serve a copy of this Order on Larry Flynt's lawyers.

As to the outstanding discovery issues, as agreed upon during the telephone conference, plaintiffs shall provide defendants with discovery from the prior trademark matter by 5:00p.m. on August 23, 2013. Further, to the extent plaintiffs are claiming damages related to legal bills in the instant case, plaintiffs shall produce these bills to defendants by the close of discovery. As stated during the conference, the parties are instructed to meet and confer to ...


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