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Carnes v. Crete Carrier Corp.

United States District Court for the Northern District of Georgia, Atlanta Division

August 22, 2007, Decided; August 23, 2007, Filed

CIVIL CASE NO. 1:06-CV-3129-JTC

Opinion

 [*696]  ORDER

This matter is currently before the Court on Defendant Crete Carrier's motion to compel production of documents [# 49] and motion to compel deposition of corporate representative [# 50] against non-party United Parcel Service, Inc. ("UPS") and UPS's motions to quash and/or modify Defendant Crete Carrier's subpoenas [# 58, 66]. Plaintiffs filed this action for the wrongful death of Raymond Carnes, a UPS employee who was killed when a truck owned by Defendant Crete Carrier ("Crete") and driven by Defendant Kunz collided with a UPS vehicle he was repairing on the side of the road.

In May 2007, Crete subpoenaed from UPS the production of various documents related to the accident that killed Raymond Carnes. UPS responded by providing some documents and withholding other documents pursuant to objections, primarily asserting that the withheld documents were governed by the attorney-client privilege, the work product doctrine, or were irrelevant. Crete also sought to depose, pursuant to Rule 30(b)(6), a UPS representative regarding (1) the facts and circumstances surrounding the accident and (2) UPS's investigation of the accident. UPS objected to providing a  [**3] representative for deposition on those matters for the same reasons it withheld documents. In July 2007, Crete served a subpoena on UPS seeking production of UPS's Serious Accident Investigation Report and a representative to testify about it, and UPS objected by again asserting attorney-client privilege and work product. UPS has also moved to quash Crete's latter two subpoenas.

Crete's document requests can be divided into three categories: (1) documents related to the contents of the UPS truck involved in the accident, Request Nos. 17, 39, and 43; (2) documents related to UPS's investigation of the accident, Request Nos. 19, 20, 23, 26, 31, 32, 33, 35, 38, and 40; and (3) documents related to UPS records created before the accident, Request Nos. 25, 28, 29, 30, 46, and 48. Request No. 37 is for documents or reports regarding the accident UPS filed with insurance carriers or any governmental entity and does not fit neatly into any of the three categories.

I. Legal Standards

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244 F.R.D. 694 *; 2007 U.S. Dist. LEXIS 62109 **; 68 Fed. R. Serv. 3d (Callaghan) 1459

KELLIE CARNES, Individually as Surviving Spouse, and on Behalf of AMANDA L. CARNES and JOSHUA D. CARNES, and as Administratrix of the Estate of Raymond Carnes, Deceased, Plaintiffs, v. CRETE CARRIER CORPORATION, and CATHY KUNZ, Defendants.

Prior History: Carnes v. Crete Carrier Corp., 2007 U.S. Dist. LEXIS 105541 (N.D. Ga., July 11, 2007)

CORE TERMS

documents, discovery, work product, subpoena, work product protection, motion to compel, attorney-client, asserting, privilege log, non-party, truck, anticipation of litigation, investigation report, motion to quash, requests, photographs, deposition, restaurant, Carrier's, hardship, tangible, withheld

Civil Procedure, Discovery & Disclosure, Discovery, Relevance of Discoverable Information, Evidence, Burdens of Proof, Allocation, Privileged Communications, Attorney-Client Privilege, Work Product Doctrine, Scope of Protection, Subpoenas, General Overview, Fact Work Product