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Lightfoot v. Rosskopf

June 28, 2005

JAMES LIGHTFOOT, PLAINTIFF,
v.
HENRY ROSSKOPF, DEFENDANT.



The opinion of the court was delivered by: John M. Facciola United States Magistrate Judge

ORDER

On June 10, 2005, I issued a Memorandum Opinion and Order granting in part and staying in part defendant's Motion to Compel Discovery [#23]. I also ordered plaintiff to provide several documents and a privilege log for in camera review. The following chart summarizes my rulings with respect to each document submitted for in camera review.

Description of Plaintiff's Court's Ruling Document Response May (should be Protected by Even if it qualifies as work product, it was disclosed March) 15, 2003 work product to plaintiff's adversary (D.C. Public Schools) in his letter from attorney privilege employment case and therefore the privilege was Clair to waived Superintendent of D.C. Public School Plaintiff shall produce to defendant by June 29, 2005*fn1 February 20, 2004 Protected by Already ordered produced letter from EEO work product Counsel for DCPS privilege Even if it had not yet been ordered produced, work to plaintiff product privilege is inapplicable because it was Lightfoot written by EEO Counsel for DCPS Office of Human Resources to plaintiff (and was not written by Lightfoot or his attorney)

Plaintiff shall produce to defendant by June 29, 2005 April 28, 2004 Protected by According to D.C. Office of Human Rights protocol, affidavit by work product once filed, copies of the charge of discrimination are Lightfoot (written privilege mailed to each party within 15 days of filing with counsel's assistance) to D.C. Thus, even if it qualifies as work product, it was Office of Human disclosed to plaintiff's adversary (D.C. Public Rights Schools) in his employment case and therefore the privilege was waived Plaintiff shall produce to defendant by June 29, 2005

April 16, 2003 Protected by Even if it qualifies as work product, it was disclosed letter from attorney work product to plaintiff's adversary (D.C. Public Schools) in his Clair to Annette privilege employment case and therefore the privilege was Adams, waived Superintendent of DCPS Plaintiff shall produce to defendant by June 29, 2005

May 5, 2003 letter Protected by Disclosure to third party (non-adversary) did not from attorney Clair work product waive the work product protection to Dr. Thomas Gay privilege

Only the second-to-last sentence (beginning with the word "maybe") reveals counsel's mental impressions

The rest of the document simply recounts facts and must be produced

Plaintiff shall produce redacted version to defendant by June 29, 2005

April 25, 2003 Protected by Even if it qualifies as work product, it was disclosed letter from attorney work product to plaintiff's adversary (D.C. Public Schools) in his Clair to Loretta privilege employment case and therefore the privilege was Blackwell, Director waived of Labor Management and Plaintiff shall produce to defendant by June 29, 2005 Employee Relations

May 11, 2004 letter Public Document lost work product protection when it was from attorney Clair document but made available to the public (including plaintiff's to Haydn Demas, protected by adversary in his employment case)

Investigator for the work product D.C. Office of privilege Plaintiff shall produce to defendant by June 29, 2005 Human Rights

June 23, 2004 Public Document lost work product protection when it was status report from document but made available to the public (including plaintiff's attorney Clair to protected by adversary in his employment case)

D.C. Office of work product Human Rights privilege Even if it were not a public document, to uphold plaintiff's claim would trivialize the work product doctrine because this document merely recounts the progress of the D.C. Office ...


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