UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
March 9, 2007
PAUL PIERCE, PLAINTIFF,
GIRL SCOUT OF GREATER NEW YORK, INC., MARY ELLEN MCROARY, AURORA RODRIGUEZ, AND DOES 1-10, DEFENDANTS.
The opinion of the court was delivered by: Denise Cote, District Judge
MEMORANDUM OPINION & ORDER
Defendants have moved for a protective order to require the plaintiff to return a single privileged document inadvertently produced in discovery. The motion is granted.
The document, an e-mail inquiry seeking legal advice and the response from the defendants' counsel in mid-September 2004, is a privileged communication. The defendants have shown that, in the context of the issues presented, the volume of discovery, and the complexity of this case, they used a reasonable degree of care to prevent inadvertent disclosure of privileged communications, and acted promptly to rectify the error in making the disclosure when they learned of the error. They have also shown that plaintiff's counsel agreed to destroy and not use the document when first contacted by defense counsel about the inadvertent disclosure on January 4, 2007. That agreement was confirmed by written communications to plaintiff's counsel on January 4 and 9, and February 5.
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