In re Target Corp. Customer Data Sec. Breach Litig.

In re Target Corp. Customer Data Sec. Breach Litig.

Opinion

ORDER AND MEMORANDUM

This matter is before the Court on the Joint Plaintiffs'¹ Motion for Relief from or Modification to the Protective Order or, in the Alternative, to Compel the Production of Improperly Clawed Back Documents. (Doc. No. 299.) The Court previously issued an Order giving Defendant Target Corporation ("Target") an opportunity to supplement the record relevant to the plaintiffs' argument that Target has waived the attorney-client privilege [*6]  and work-product protection for more than 3,000 documents that Target produced during discovery in this multi-district litigation and previously disclosed to various federal and state government entities. (Doc. No. 344.) Based on the record, as supplemented by Target, IT IS HEREBY ORDERED that:

1. The plaintiffs' Motion for Relief from or Modification to the Protective Order or, in the Alternative, to Compel the Production of Improperly Clawed Back Documents (Doc. No. 299), is DENIED to the extent it seeks an order concluding that Target has waived the attorney-client privilege and work-product protection for the documents at issue. The motion is also denied to the extent the plaintiffs request to be relieved from any obligation to return or destroy any copies of the 3,095 documents at issue. The plaintiffs must destroy any and all copies of the 3,095 documents at issue in Target's claw-back request as well as all work-product derived from those documents. The plaintiffs must complete the return and destruction of these documents, copies, and work-product within fourteen days of the date of this Order.

2. When the plaintiffs have located and destroyed the copies of the 3,095 documents [*7]  at issue in Target's claw-back request and all the derivative work-product derived from those clawed-back documents as required by this Memorandum and the accompanying Order, plaintiffs shall provide Target with an itemization of the time expended and the costs they incurred, including any attorneys' fees, in searching for the emails and other electronically stored documents, as well as any paper documents, that may contain copies and derivative work-product from any of the items on Target's claw-back request. Upon receipt of that itemization, Target shall reimburse the plaintiffs for their reasonable expenses incurred in complying with the Protective Order; and

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