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In re Int'l Oil Trading Co., LLC

United States Bankruptcy Court for the Southern District of Florida, West Palm Beach Division

April 28, 2016, Decided

CASE NO.: 15-21596-EPK, CHAPTER 7

Opinion

 [*828]  ORDER GRANTING IN PART AND DENYING IN PART THIRD MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM MOHAMMAD AL-SALEH

THIS MATTER came before the Court for hearing on March 18, 2016 and April 14, 2016 upon International Oil Trading Company, LLC's Third Motion to Compel Production of Documents from Mohammad Al-Saleh [ECF No. 140] (the "Third Motion to Compel") filed by the alleged debtor International Oil Trading Company, LLC ("IOTC USA"). In the Third Motion to Compel, IOTC USA requests that the Court compel Mohammad Al-Saleh to respond to various discovery requests. As provided in more detail below, the Court grants in part the Third Motion to Compel, requiring Mr. [**2]  Al-Saleh to provide to IOTC USA, through counsel, a copy of his composite funding agreement with Burford Capital, LLC, from which Mr. Al-Saleh may redact all terms of payment and all terms reflecting attorney mental impressions and opinions concerning Mr. Al-Saleh's litigation against IOTC USA, subject to further objection and possible review of the same by the Court in camera. All other relief requested in the Third Motion to Compel will be denied.

BACKGROUND

Mr. Al-Saleh is a citizen of the Hashemite Kingdom of Jordan. IOTC USA is a Florida limited liability company. In the mid-2000s, Mr. Al-Saleh and IOTC USA collaborated in procuring and executing contracts to transport fuel across Jordanian territory to Iraq on behalf of the United States military. The parties' relationship soured, and Mr. Al-Saleh sued IOTC  [*829]  USA and other parties in Florida in 2008. Thereafter, Mr. Al-Saleh entered into a contractual relationship with Burford Capital, LLC ("Burford") to fund his litigation against IOTC USA. Burford has played a near-daily role in Mr. Al-Saleh's litigation efforts, providing funding and assisting with legal and strategic decisions.

Mr. Al-Saleh won a judgment against IOTC USA and [**3]  the other defendants in the Florida litigation in 2011, and the judgment was upheld on appeal. He has been largely unable to collect, despite numerous collection attempts in various courts. As a result, on June 26, 2015, Mr. Al-Saleh filed the involuntary bankruptcy petition that commenced this case.

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548 B.R. 825 *; 2016 Bankr. LEXIS 1856 **; 62 Bankr. Ct. Dec. 145; 26 Fla. L. Weekly Fed. B 61

In re: INTERNATIONAL OIL TRADING COMPANY, LLC, Alleged, Debtor.

CORE TERMS

communications, attorney-client, discovery, work product, funding agreement, funder, parties, common interest, documents, argues, work product protection, disclosure, mental impressions, Abstain, privilege log, confidentiality, circumstances, courts, legal services, third party, primary purpose, legal advice, motivation, protects, work product doctrine, pivotal issue, collection, rendition, requests, involuntary bankruptcy

Torts, Procedural Matters, Conflict of Law, Significant Relationships, Civil Procedure, Discovery, Privileged Communications, Attorney-Client Privilege, Federal & State Interrelationships, Federal Common Law, Applicability, Evidence, Privileges, Attorney-Client Privilege, Waiver, Work Product Doctrine, Opinion Work Product, Scope of Protection, Bankruptcy Law, Case Administration, Commencement of Case, Involuntary Cases, Burdens of Proof, Allocation