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United States District Court for the Middle District of Louisiana
May 25, 2021, Decided; May 26, 2021, Filed
CIVIL ACTION NO. 18-00142-BAJ-SDJ
Before the Court is Plaintiffs' Motion for Review of Magistrate Judge's Order on Defendant's Motion to Compel Discovery Responses and Ruling on Attorney-Client Privilege and Work Product Protection (Doc. 282). Plaintiffs seek an order from this Court reversing in part the United States Magistrate Judge's Order on Defendant Charter Oak's Motion to Compel (Doc. 210) and on issues related to the assertion of attorney client-privilege over the testimony of former counsel for the Blackmons. (Does. 204-207). (Doe. 278). Specifically, the Plaintiffs request that the Court set aside Part III.B of the Magistrate [*3] Judge's Order, (Doc. 278, p. 10-29), which found that Plaintiffs waived attorney-client privilege and work product protection. The Motion is opposed. (Doc. 286). A reply to the Opposition was filed by the Plaintiffs. (Doe. 297).
For the foregoing reasons, the Motion is DENIED. Given the denial of the instant motion, Plaintiffs' related motions—the Motion to Stay Magistrate Judge's Order Pending Review (Doc. 283), the Motion for Expedited Consideration of the Motion to Stay Magistrate Judge's Order Pending Review (Doc. 284), and the Joint Motion for Entry of Consent Judgment (Doc. 289) are TERMINATED as moot.
A. Factual Background
The Court adopts the factual background as described in the Order Resolving Briefed Discovery Issues and Charter Oak's Motion to Compel (Doc. 278).
This matter arises from a settlement following a June 2016 car crash. (Doc 278, p. 1). On June 15, 2016, Jhon Jaramillo collided head on with a vehicle driven by Plaintiff Ted Blackmon. (Id. at 2). The collision not only injured Ted Blackmon and the driver of the car Jaramillo attempted to pass, but also resulted in the death of Ted Blackmon's long-time girlfriend, Shemika Robinson, and their two-year-old [*4] son, Khance Blackmon. (Id.).
At the time of the collision, Jaramillo was a dual employee of two related companies, Defendants C3 Construction Services, Inc. ("C3"), and Bracken Construction. (Id. at p. 1). C3 carried a $1 million auto policy issued by Defendant Charter Oak Fire Insurance Company ("Charter Oak"). (Id. at p. 2). Bracken Construction carried a $1 million liability policy issued by Defendant Travelers Property Casualty Company ("Travelers Property") and a $10 million excess policy issued by Travelers Excess and Surplus Lines Company ("Travelers Excess"). (Id.).
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2021 U.S. Dist. LEXIS 99916 *; 2021 WL 2150694
TED MARIO BLACKMON, ET AL. VERSUS BRACKEN CONSTRUCTION COMPANY, INC., ET AL.
Prior History: Blackmon v. Bracken Constr. Co., 2018 U.S. Dist. LEXIS 146745, 2018 WL 4100684 (M.D. La., Aug. 27, 2018)
magistrate judge, attorney-client, misrepresentation, settlement, judge's order, communications, waived, disengaging, coverage, policies, privileged communication, additional coverage, discovery, fraudulent, reasons