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McDowell v. T-Mobile USA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


December 15, 2005

MCDOWELL, PLAINTIFF,
v.
T-MOBILE USA, INC. DEFENDANT.

The opinion of the court was delivered by: Azrack, United States Magistrate Judge

Discovery Order

Upon review of the attorney work product submitted for in camera review, I find that the crime fraud exception is inapplicable to these documents. There is no evidence that these documents were created in an attempt to mislead or perpetrate a fraud on the EEOC in response to its investigation of plaintiff's complaint. Thus, the work product privilege continues to apply to these documents and they need not be produced to plaintiff under any exception to that privilege.

SO ORDERED.

JOAN M. AZRACK UNITED STATES MAGISTRATE JUDGE

20051215

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