whatever validity Waste Management, supra, has in any other situation, I conclude it has no force here.
Accordingly, paragraph 2 of the order of the Magistrate Judge dated December 17, 1991 is reversed on the law and International's motion is denied, the insured's assertion of the attorney-client privilege to the materials discussed therein being sustained.
Date: September 17, 1992
New York, N.Y.
United States District Judge
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
INTERNATIONAL INSURANCE COMPANY, an Illinois Corporation. Plaintiff, - against - NEWMONT MINING CORPORATION, a Delaware corporation, NEWMONT SERVICES LIMITED, a Delaware corporation, IDARADO MINING COMPANY, a Delaware corporation, and RESURRECTION MINING COMPANY, a Delaware corporation, Defendants.
88 Civ. 7500 (RO)
AND NOW, this 17th day of December, 1991, upon consideration of the motion of International Insurance Company to compel discovery, the letters submitted in support thereof and in opposition thereto and other material submitted by the parties and the Court having heard oral argument,
IT IS HEREBY ORDERED that:
1 . The Portion of International's motion that seeks to compel further answers and production of documents in response to interrogatories numbered 1 and 2 of International's second set of interrogatories and documents requests, dated May 14, 1991, is denied without prejudice and with leave to renew in March, 1992.
2. The portion of International's motion that seeks to compel production of certain documents specified by plaintiff in its June 6, 1991 letter to defendants' counsel and withheld by defendants on the grounds of attorney-privilege and work-product immunity, is granted to the extent only that Newmont shall produce the documents generated in the defense of the underlying actions brought against Newmont by the State of Colorado and the federal government, which do not relate expressly to issues of insurance coverage.
3. If the parties are unable to agree on which documents were generated in defense of the underlying litigation, this Court will determine that issue upon further submissions of the parties.
4. The Court at this point does not reach the issue of whether and to what extent documents that pre-date the underlying actions may be subject to production, such issue being left for later determination on further submissions.
5. Enforcement of this order shall he stayed for ten (10) days from and after the date of entry hereof, and if, during that period, Newmont seeks review of this order by the District Court, such enforcement shall be stayed pending the hearing and determination of such review.
6. Except as provided in the preceding paragraph, defendants shall furnish all discovery called for by this order within thirty (30) days of the date hereof.
Dated: New York, New York
December 17, 1991
BY THE COURT:
Leonard A. Bernikow
United States Magistrate Judge