In re Marriott Int'l Customer Sec. Breach Litig.

In re Marriott Int'l Customer Sec. Breach Litig.

Opinion

REPORT AND RECOMMENDATION

THIS DOCUMENT RELATES TO THE CONSUMER TRACT

I. Introduction

Marriott has produced a privilege log identifying the documents that it claims are privileged. Plaintiffs have taken exception to certain entries on the log and insist that the documents are not privileged. Plaintiffs have begun with a sample of twenty of the documents.

I reviewed the parties' submissions and held a hearing on the issues presented on May 26, 2021. Marriott has made available to me the twenty contested documents. The evening before the hearing, Marriott sent me eight additional documents.

I have now created the attached chart that indicates the entry and ID numbers of each of the documents. The entries on the chart that bear the letter "A" are the documents that Marriott made available to me the night before the [*49]  hearing. Marriott has explained to me that the plaintiffs have not challenged the A documents, which transmitted the documents the plaintiffs do challenge. The A documents reveal who created, sent, or received the attachments. Therefore, the A documents are what Marriott calls "cover emails" to eight of the twenty documents that the plaintiffs do challenge (Email from Lisa Ghannoum to Facciola, May 25, 2021).

I have also designated certain documents as Crowdstrike. In an earlier Report and Recommendation document, I held that the discovery of documents from Crowdstrike sought by the plaintiffs cannot be permitted now (ECF No. 634). Judge Grimm agreed and postponed the discovery of documents from Crowdstrike until Marriott's designation of its expert witnesses. I directed the parties to supplement their initial submissions on this issue at the hearing, and I expect that supplementation to be filed this week. Meanwhile, and in the interests of expedition, I will deal with the remaining documents in this Report and Recommendation.

Finally, the chart also indicates by use of the word "conceded" that Marriott has reconsidered its original claim of privilege and has now withdrawn its claim [*50]  that these documents are privileged.

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