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Hustler Cincinnati, Inc. v. Cambria

United States District Court, Sixth Circuit

August 26, 2013

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

ORDER

KAREN L. LITKOVITZ, Magistrate Judge.

On August 22, 2013, during a telephonic status conference, the undersigned magistrate judge ordered the parties to brief: (1) whether outside counsel for Larry Flynt and other nonparty corporate entities may appear at the deposition of defendant attorneys on September 4 through September 7, 2013 in Buffalo, N.Y. for purposes of asserting objections to questions that may elicit potentially privileged testimony from the defendant attorneys who purportedly represented Larry Flynt and/or the non-party corporate entities during the transactions at issue in this lawsuit; and (2) whether defendant attorneys and Larry Flynt and/or the non-party corporate entities have previously waived the attorney-client privilege as to these matters in prior testimony and other litigation. As discussed during the conference, time was of the essence given the need for the parties and outside counsel to make travel plans for the depositions to occur the first week of September. On August 23, 2013, the Court memorialized its Order and directed the parties and counsel for Larry Flynt to submit briefs to the Court on these issues by 5:00 p.m. on August 26, 2013.

It is now 6:00 p.m. Defendant attorneys have submitted a brief in accordance with the Court's Order. Plaintiffs have not submitted a brief by the deadline imposed by the Court.

After review of defendants' brief and the authorities cited therein and in the absence of any information from the plaintiffs, the Court is without any information to find a waiver of the attorney-client privilege at this juncture and there is no basis upon which this Court can exclude outside counsel for Larry Flynt ...


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