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Judith Stein Individually and As An Executor of the Estate of Kenneth F. v. Northern Assurance Company of

June 5, 2012

JUDITH STEIN INDIVIDUALLY AND AS AN EXECUTOR OF THE ESTATE OF KENNETH F. STEIN, JR. AND AS A BENEFICIARY OF THE ESTATE OF KENNETH F. STEIN, JR., GWENDOLYN ZEGEL AND JUDITH STEIN IN THEIR CAPACITIES AS TRUSTEES OF A TESTAMENTARY TRUST CRATED UNDER THE LAST WILL AND TESTAMENT OF KENNETH F. STEIN, DAVID S. J. NEUFELD, AS AN EXECUTOR OF THE ESTATE OF KENNETH F. STEIN, JR., SAYVILLE FERRY SERVICE, INC., STEIN'S MARINE LIFT, INC., AND KFS CORP., PLAINTIFFS,
v.
NORTHERN ASSURANCE COMPANY OF AMERICA, ONEBEACON AMERICA INSURANCE COMPANY, ONEBEACON INSURANCE GROUP, LTD., JOHN DOE, AND JANE DOE NOS. 1-4, DEFENDANTS.



The opinion of the court was delivered by: A. Kathleen Tomlinson, Magistrate Judge:

ORDER

Several months ago, Defendants submitted documents which they claimed were privileged to the Court for in camera review. On March 30, 2012, the Court ruled that it would not make any rulings with respect to these documents until Judge Platt ruled on the viability of Plaintiff's punitive damages claim, since the documents submitted pertained to that claim.

DE 121. On May 7, 2012, Judge Platt granted Defendants' motion for summary judgment on Plaintiffs' punitive damages claim. DE 122. Although the parties initially disputed whether Defendants were required to produce any of the documents submitted for in camera review in light of Judge Platt's ruling, see DE 123, 124, Defendants ultimately withdrew their objection and agreed to produce any documents that this Court determines are not privileged. DE 126.

Therefore, the Court reviewed the documents submitted by Defendants as well as Defendants' privilege log. The Court's rulings are as follows:

Bates Number Ruling

DEF 01721 Not privileged. Produce.

DEF 01984 Not privileged. Produce.

DEF 02006 to DEF 02012 Privileged.

DEF 02015 Produce in redacted form as noted.

DEF 02016 Privileged.

DEF 02025 Privileged (duplicate of DEF 02016).

DEF 02030 Redactions okay. Produce as is.

DEF 02113 Privileged.

DEF 02114 Privileged (duplicate of DEF 02113).

DEF 02115 Privileged (duplicate of DEF 02113).

DEF 02116 to DEF 02122 Privileged.

DEF 02127 Privileged.

DEF 02128 to 02130 Privileged.

DEF 02151 Deferred - further information needed.

DEF 02152 Deferred - further information needed.

DEF 02153 to DEF 02156 DEF 02153-54: Deferred - further information needed.

DEF 02155-56: Privileged.

DEF 02157 Deferred - further information needed.

DEF 02158 Deferred - further information needed.

DEF 02159 to DEF 02166 DEF 02159-60: Deferred - further information needed.

DEF 02161-66: Privileged.

DEF 02167 Privileged.

DEF 02174 to DEF 02176 Deferred (page missing; document incomplete). DEF 02177 Deferred - further information needed.

DEF 02178 Deferred - further information needed.

DEF 02179 to 02183 DEF 02179-80: Deferred - further information needed.

DEF 02181-83: Privileged.

DEF 02184 to DEF 02187 Privileged.

DEF 02203 Privileged.

DEF 02204 to DEF 02205 ...


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