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Doe v. Baylor Univ.

United States District Court for the Western District of Texas, Waco Division

June 7, 2019, Decided; June 7, 2019, Filed

6:16-CV-173-RP; 6:17-CV-228-RP; 6:17-CV-236-RP

Opinion

ORDER

Despite Pepper Hamilton LLP's failure to file a timely motion to quash in 2017 or respond to Plaintiffs' motion to compel in 2018, the Court allowed the firm to either certify production or raise any objections no later than March 15, 2019. (March 7th Order, Dkt. 597). On that date, Pepper Hamilton appeared for the first time before this Court and filed its Motion Objecting to the Production of Documents and for Specific Relief. (Dkt. 601). The firm objected the Court's jurisdiction and argued that it had terminated all representation of Baylor in 2017. The Court overruled those objections and ordered Pepper Hamilton to (1) produce all materials in response to the subpoena in Pepper Hamilton's custody or control that Baylor (a) does not possess or (b) has not produced, and (2) file a notice with this Court certifying complete [*5]  production no later than April 11, 2019. (March 28th Order, Dkt. 607). Instead of complying with that order, Pepper Hamilton filed untimely objections raising new and complex issues that the Court must now address.

On the production deadline of April 11, 2019, Pepper Hamilton certified compliance with Part (1)(a) of the order and filed a Motion for Reconsideration and/or Clarification regarding Part (1)(b). (Grant Decl., Dkt. 611-1, ¶ 9; Mot. Reconsid., Dkt. 612). Plaintiffs, Baylor, and Pepper Hamilton filed responsive briefing. (Dkts. 617, 623, 624, 632).1

Baylor and Plaintiffs then filed related motions for relief. Baylor filed a Motion for a Protective Order Regarding Pepper Hamilton's Work Separate from the Investigation, (Dkt. 621), which asserts some of the same objections raised by Pepper Hamilton. The parties filed responsive briefing. (Dkts. 635, 641). Plaintiffs have also filed an Amended Motion to Compel and Motion for Sanctions against Pepper Hamilton. (Dkt. 618). The parties filed responsive briefing. (Dkts. 622, 625, 636).

This Order addresses all three motions: Pepper Hamilton's motion to reconsider, (Dkt. 612), Baylor's motion for protection, (Dkt 621), and Plaintiffs' [*6]  amended motion to compel and motion for sanctions, (Dkt. 618). The Court will resolve most of the parties' arguments in this Order and will set a hearing on June 17, 2019, to consider all outstanding issues. Pepper Hamilton and Baylor's production obligations under this Order will take effect immediately following the hearing, when the Court enters an order setting deadlines and appropriate sanctions, if any.

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2019 U.S. Dist. LEXIS 99362 *; 2019 WL 2462800

JANE DOE 1, et al., Plaintiffs, v. BAYLOR UNIVERSITY, Defendant.

Prior History: Doe v. Baylor Univ., 240 F. Supp. 3d 646, 2017 U.S. Dist. LEXIS 96923 (W.D. Tex., Mar. 7, 2017)

CORE TERMS

discovery, Matters, documents, subpoena, waived, privileged, recommendations, sanctions, motion to compel, third party, attorney-client, claw, privilege log, communications, parties, protective order, certify, reconsideration motion, logged, work product privilege, work product, Court-ordered, disclose, raises, Reply, investigations, confidential, preparation, Objecting, legal advice