Banks v. Office of the Senate Sergeant-At-Arms and Doorkeeper of the United States Senate

District of Columbia, dcd-1:2003-cv-00686

MEMORANDUM OPINION re ORDER re in camera review, denying Plaintiff's Rule 37 Motion to Compel Production of Documents, denying Plaintiff's Unopposed Motion to Expedite Decision for Production of Non-Privileged Documents and to Set Schedule for Summary Judgment Briefing. Signed by Magistrate Judge John M. Facciola on 5/22/06. Associated Cases: 1:03-cv-00056-HHK-JMF,1:03-cv-00686-HHK-JMF,1:03-cv-02080-HHK-JMF(lcjf1,)

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7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ROY BANKS, Plaintiff, Civil Action No. 03-56 (HHK/JMF) v. Civil Action No. 03-686 (HHK/JMF) Civil Action No. 03-2080(HHK/JMF) OFFICE OF THE SENATE SERGEANT- AT-ARMS and DOORKEEPER, Defendant. MEMORANDUM OPINION These consolidated cases were referred to me by Judge Kennedy for full case management. Currently pending before me is the issue of whether defendant, the Office of the Senate Sergeant-at-Arms and Doorkeeper (the "SSA"), must produce certain documents claimed to be privileged and submitted for in camera review pursuant to my November 1, 2005 order. See Banks v. Office of the Senate Sergeant-at-Arms, No. 03-56 (D.D.C. Nov. 1, 2005) (order). For the reasons stated herein, I find that most, but not all, of the documents are shielded from discovery by either the work product doctrine or the attorney-client privilege or both. Also pending before me is Plaintiff's Unopposed Motion to Expedite Decision for Production of Non-Privileged Documents and to Set Schedule for Summary Judgment Briefing and Memorandum in Support ("Motion to Expedite and Set Schedule"). For the reasons stated herein, plaintiff's motion will be denied. BACKGROUND Plaintiff brought these now consolidated lawsuits alleging that his employer, the SSA, engaged in several unlawful employment actions. See Banks v. Office of the Senate Sergeant-at- 7 Arms, 222 F.R.D. 7, 9 (D.D.C. 2004). The parties have engaged in substantial litigation regarding discovery. In this memorandum, I resolve the issue of whether certain documents, submitted by the SSA for in camera review, can be withheld from discovery because they are covered by the work-product doctrine, the attorney-client privilege, or both. DISCUSSION I. IN CAMERA REVIEW A. The Work-Product Doctrine As the Supreme Court has stated, "it is essential [to our adversarial system] that a lawyer work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel." Hickman v. Taylor, 329 U.S. 495, 510-11 (1947). If a lawyer's work product were "open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten. An attorney's thoughts, heretofore inviolate, would not be his own." Id. at 511. In light of these important interests, Rule 26(b)(3) of the Federal Rules of Civil Procedure provides that materials prepared in anticipation of litigation or for trial by an attorney or a party are protected from disclosure and they may be subject to discovery only upon a showing of substantial need and the inability to obtain the substantial equivalent without undue hardship. Fed. R. Civ. P. 26(b)(3). The court must take particular care to protect the "mental impressions, conclusions, opinions, or legal theories of an attorney." Id. See also Tax Analysts v. Internal Revenue Serv., 117 F.3d 607, 619 (D.C. Cir. 1997). Attorney mental impressions, conclusions, opinions, and legal theories may be reflected in interviews, statements, memoranda, correspondence and in countless other tangible and intangible ways. Hickman, 329 U.S. at 511. 2 7 These materials, known as opinion work product, "are entitled to special protection and require a stronger showing of necessity to justify release. . . although the precise contours of this showing have not been resolved." Byers v. Burleson, 100 F.R.D. 436, 439 (D.D.C. 1983) (citing Fed. R. Civ. P. 26(b)(3) and Upjohn Co. v. United States, 449 U.S. 383, 400-01 (1981)). See also In re Sealed Case, 856 F.2d 268, 273 (D.C. Cir. 1988). In reviewing documents claimed to be protected by the work product doctrine, the court must determine "whether, in light of the nature of the document or the factual situation in a particular case, the document can fairly be said to have been prepared or obtained because of the prospect of litigation." Equal Employment Opportunity Comm'n v. Lutheran Soc. Servs., 186 F.3d 959, 968 (D.C. Cir. 1999) (emphasis added). See also Willingham v. Ashcroft, No. 02- 1972, 2005 WL 873223, at *2 (D.D.C. Apr. 15, 2005). If the same or essentially similar documents would have been created whether or not litigation was foreseen, "'it [cannot] fairly be said that they were created 'because of' actual or impending litigation.'" Willingham, 2005 WL 873223, at *2 (quoting United States v. Adlman, 134 F.3d 1194, 1202-03 (2d Cir. 1998)). B. The Attorney-Client Privilege In this circuit, "the attorney-client privilege is narrowly circumscribed to shield from disclosure only those communications from a client to an attorney made in confidence and for the purpose of securing legal advice." Evans v. Atwood, 177 F.R.D. 1, 3 (D.D.C. 1997) (citing Tax Analysts, 117 F.3d at 617); In re Sealed Case, 737 F.2d 94, 98 (D.C. Cir. 1984). Communications from the attorney to the client are protected only insofar as the attorney's communication discloses an attorney-client privileged communication from the client. Evans, 177 F.R.D. at 3 (citing Briton v. U.S. Dep't of State, 636 F.2d 600, 603-04 (D.C. Cir. 1980)). 3 7 The purpose of the privilege "is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of the law and administration of justice." Upjohn, 449 U.S. at 389. Moreover, the privilege "rests on the need for the advocate to know all that relates to the client's reasons for seeking representation if the professional mission is to be carried out." Id. C. Specific Issues Regarding the Application of the Privileges to the SSA Documents The documents submitted for in camera review generally fall into six categories. First, there are e-mails and attorney memoranda reflecting communications from the SSA to counsel in which the SSA expressly sought legal advice. A review of these documents indicates that the SSA intended the communications to be confidential. Although some of the e- mails are from counsel to the SSA, those e-mails tend to reveal the substance of the underlying confidential communication from SSA. Therefore, this first group of documents is clearly protected under the attorney-client privilege. Second, many of the documents consist of counsel's notes and memoranda of interviews and conversations with SSA employees. These interviews and conversations were conducted as part of the SSA's defense of plaintiff's lawsuits. Accordingly, these notes and memoranda were clearly prepared because of litigation or the prospect thereof. Moreover, these notes reveal counsel's mental impressions and litigation strategy because they reveal who counsel thought important to interview, what questions counsel thought important to ask, and what information counsel thought important to memorialize. See Hickman, 329 U.S. at 512-13. Therefore, this first group of documents is clearly protected under the work product doctrine and the SSA will 4 7 not have to produce them. The documents in this second category are also attorney-client privileged. Counsel's notes and memorandum of the employee interviews and conversations clearly reveal what the employees told counsel. These interviews and conversations were an integral part of the process of providing information to counsel so that counsel could provide the sought after legal representation (i.e., representing the SSA in this litigation) and appear to have been intended to be confidential. As the Supreme Court has explained: "the privilege exists to protect not only the giving of professional advice to those who can act on it but also the giving of information to the lawyer to enable him to give sound and informed advice." Upjohn, 449 U.S. at 390. In the context of a corporation or a government entity, this information is necessarily provided by the client's employees. Id. at 391. Therefore, when SSA employees met or spoke with counsel to provide information to enable counsel to represent the SSA in this litigation, those communications are privileged. As I have previously explained in this lawsuit: An attorney-client relationship may exist between an institution or organization and its counsel. A corporation may claim an attorney- client privilege for confidential communications made by its employees to corporate counsel in order to permit counsel to render legal services or legal advise to the corporation. There is no doubt that government agencies have the same privilege. Banks v. Office of the Senate Sergeant-at-Arms, 222 F.R.D. 1, 3 (D.D.C. 2004) (citing Evans, 177 F.R.D. at 3). Therefore, the first group of documents is also protected under the attorney- client privilege and the SSA will not have to produce them. Third, there is correspondence between counsel and SSA employees that, although not explicitly seeking legal advice, implicitly were made in order to enable counsel to provide legal 5 7 advice and services. In these documents, the SSA provides information and updates so that its counsel will have the information that they need to provide the sought after legal services and advice. If I were to deny the attorney-client privilege as to these documents, the nature of the guidance the SSA sought from its counsel would be revealed and, in effect, nullify the privilege that I sustained as to the documents in which legal advice was expressly sought. As just discussed, it is clear that these communications were intended to be confidential and were part of the process by which the SSA secured legal services from its counsel. See Upjohn, 449 U.S. at 390. Fourth, there are e-mails containing the SSA's counsel's instructions and questions regarding litigation matters, such as responding to plaintiff's interrogatories and gathering relevant information and documents. These e-mails were clearly prepared because of litigation. Moreover, they reveal counsel's mental impressions and litigation strategy. Accordingly, the documents that reflect the process by which defense counsel prepared this case constitute highly protected opinion work product and defendant need not produce these documents. Fifth, there are exchanges of drafts between the SSA and its counsel. Depending on the individual document, these drafts may be protected by the attorney-client privilege, the work product doctrine, or both. For example, many of the documents contain requests from the SSA for attorney review of a draft letter or employment related document. Based on my in camera review, it appears that these requests for attorney review were intended to be confidential and, therefore, are protected by the attorney-client privilege. There are also drafts containing counsel's edits and comments. Where counsel was involved in drafting and editing these documents, the drafts are clearly work product because the edits and commentary tend to reveal 6 7 counsel's opinions and mental impressions. See Nesse v. Pittman, 202 F.R.D. 344, 351 (D.D.C. 2001) ("If [counsel] modifies the draft, comparing the draft with the modified final discloses her mental processes if the changes are more than typographical. If [counsel] files the draft and never sends it, the draft discloses her mental processes in the most obvious way.") Therefore, such drafts are protected by the work product doctrine. Finally, there are several documents that consist of letters, facsimiles, or e-mails forwarding documents from SSA employees to counsel. While the fact of the transmittal might be attorney-client privileged, such transmittal does not shield from discovery the forwarded documents. The forwarded documents are only privileged if they would have been privileged in the hands of the SSA. As the Supreme Court has explained: The [attorney-client] privilege protects only those disclosures necessary to obtain legal advice which might not have been made absent the privilege. This Court and the lower courts have thus uniformly held that pre-existing documents which could have been obtained by court process from the client when he was in possession may also be obtained from the attorney by similar process following transfer by the client in order to obtain informed legal advice. Fisher v. United States, 425 U.S. 391, 403-04 (1976). Accordingly, to the extent that the forwarded documents are independently responsive to plaintiff's document requests, have not already been produced, and are not otherwise privileged, they must be produced. D. Chart and Abbreviated Notations In the interest of clarity, I have included in this memorandum two charts. The first summarizes various abbreviations I have used to describe my analysis of the materials. The second lists each document submitted for in camera review and my rulings on each assertion of 7 7 privilege. Abbreviated Notation Explanation Opinion work product Document appears to have been prepared for trial or in anticipation of litigation and reflects counsel's mental impressions. The SSA's claim of work product protection is sustained. Not because of litigation Based on information provided by defendant, the document cannot fairly be said to have been prepared or obtained because of the prospect of litigation or for trial. The SSA's claim of work-product privilege is denied. Reveals confidential Document reveals a communication from the SSA to communication made in counsel that was intended to be confidential and made, furtherance of legal services either explicitly or implicitly, for the purpose of obtaining legal advice or services. The SSA's claim of attorney-client privilege is granted. Does not reveal confidential Document does not disclose a communication from the communication made in client that the client intended to be confidential and made furtherance of legal services for the purpose of obtaining legal advice or services. The SSA's claim of attorney-client privilege is denied. Bates # Privilege Ruling Reason Claimed RB000003- Attorney-Client Sustained Reveals confidential communication made in RB000004 furtherance of legal services Work Product Sustained Opinion work product RB00316 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001105 Work Product Sustained Opinion work product RB001106 Work Product Sustained Opinion work product RB001107- Work Product Sustained Opinion work product RB001111 RB001112- Work Product Sustained Opinion work product RB001114 8 7 RB001121 Attorney-Client Denied Does not reflect a confidential communication from a client1 Work Product Sustained Opinion work product RB001132 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001133 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001134- Attorney-Client Sustained Reveals confidential communication made in RB001135 furtherance of legal services RB001143 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services RB001144 Attorney-Client Denied Does not reflect a confidential communication from a client. See footnote 1, supra. RB001145 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001154- Attorney-Client Sustained Reveals confidential communication made in RB001156 furtherance of legal services RB001157- Attorney-Client Sustained Reveals confidential communication made in RB001159 furtherance of legal services RB001160- Attorney-Client Sustained Reveals confidential communication made in RB001169 furtherance of legal services RB001182- Attorney-Client Sustained Reveals confidential communication made in RB001184 furtherance of legal services Work Product Sustained Opinion work product RB001195 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services 1 "The attorney-client privilege only applies to communications that are the product of an attorney-client relationship and maintained as confidential between the attorney and the client. Brinton, 636 F.2d at 603. The mere fact that the person whose opinion is sought is an attorney does not create a privileged communication." Tri-State Hospital Supply Corp. v. United States, No. 00-1463, 2005 WL 3447890, at *3 (D.D.C. Dec. 16, 2005). 9 7 RB001198- Attorney-Client Sustained/ Sustained as to the 12:02 PM and 11:46 AM e- RB001199 Denied mails, which reveal confidential communication made in furtherance of legal services; denied as to the 11:21 AM and 9:54 AM e-mails, which do not reveal confidential communication made in furtherance of legal services RB001203 Work Product Sustained Opinion work product RB001204 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001210 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001255 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001256 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001257 Work Product Sustained Opinion work product RB001266- Attorney-Client Sustained Reveals confidential communication made in RB001272 furtherance of legal services Work Product Sustained Opinion work product RB001273- Attorney-Client Sustained Reveals confidential communication made in RB001290 furtherance of legal services Work Product Sustained Opinion work product RB001298- Attorney-Client Sustained Reveals confidential communication made in RB001303 furtherance of legal services Work Product Sustained Opinion work product RB001355 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001356 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product 10 7 RB001357 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001360 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001361- Attorney-Client Sustained Reveals confidential communication made in RB001372 furtherance of legal services Work Product Sustained Opinion work product RB001373 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001374 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001378 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001459- Attorney-Client Sustained Reveals confidential communication made in RB001471 furtherance of legal services RB001472 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001473 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001474 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001475- Attorney-Client Sustained Reveals confidential communication made in RB001477 furtherance of legal services RB001496 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001502- Attorney-Client Sustained Reveals confidential communication made in RB001503 furtherance of legal services RB001504- Attorney-Client Sustained Reveals confidential communication made in RB001506 furtherance of legal services 11 7 RB001507 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001508 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001509 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001510 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001511 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001513 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001516 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001534- Attorney-Client Denied Does not reveal confidential communication RB001535 made in furtherance of legal services Work Product Sustained Opinion work product RB001536- Attorney-Client Sustained Reveals confidential communication made in RB001538 furtherance of legal services RB001705- Attorney-Client Sustained Reveals confidential communication made in RB001707 furtherance of legal services Work Product Sustained Opinion work product RB001717- Attorney-Client Sustained Reveals confidential communication made in RB001734 furtherance of legal services Work Product Sustained Opinion work product RB001736 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001737 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product 12 7 RB001738 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001739- Attorney-Client Sustained Reveals confidential communication made in RB001742 furtherance of legal services RB001761 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001762 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001763- Attorney-Client Sustained Reveals confidential communication made in RB001770 furtherance of legal services RB001784- Attorney-Client Sustained Reveals confidential communication made in RB001785 furtherance of legal services RB001786 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001787- Attorney-Client Sustained Reveals confidential communication made in RB001791 furtherance of legal services Work Product Sustained Opinion work product RB001792 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001794 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001795- Attorney-Client Sustained/ Sustained for the first page, which reveals RB001796 Denied confidential communication made in furtherance of legal services; denied for the second page, which does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB001801 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB001882- Attorney-Client Sustained Reveals confidential communication made in RB001884 furtherance of legal services 13 7 RB001889- Attorney-Client Denied Does not reveal confidential communication RB001890 made in furtherance of legal services RB001966 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002001 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB002002- Attorney-Client Sustained Reveals confidential communication made in RB002003 furtherance of legal services RB002005- Attorney-Client Sustained Reveals confidential communication made in RB002007 furtherance of legal services Work Product Sustained Opinion work product RB002008- Attorney-Client Sustained Reveals confidential communication made in RB002010 furtherance of legal services RB002031- Attorney-Client Sustained Reveals confidential communication made in RB002036 furtherance of legal services RB002053- Attorney-Client Sustained Reveals confidential communication made in RB002054 furtherance of legal services Work Product Sustained Opinion work product RB002055 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002056- Attorney-Client Sustained Reveals confidential communication made in RB002057 furtherance of legal services Work Product Sustained Opinion work product RB005058- Work Product Sustained Opinion work product RB002069 RB002073- Attorney-Client Sustained Reveals confidential communication made in RB002075 furtherance of legal services RB002109 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002110 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product 14 7 RB002112 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Denied Not because of litigation RB002113- Attorney-Client Sustained Reveals confidential communication made in RB002118 furtherance of legal services Work Product Sustained Opinion work product RB002163- Attorney-Client Sustained Reveals confidential communication made in RB002166 furtherance of legal services Work Product Sustained Opinion work product RB002167 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB002168 Work Product Sustained Opinion work product RB002173- Attorney-Client Sustained Reveals confidential communication made in RB002174 furtherance of legal services Work Product Sustained Opinion work product RB002213 Work Product Sustained Opinion work product RB002217- Attorney-Client Denied Does not reveal confidential communication RB002219 made in furtherance of legal services Work Product Sustained Opinion work product RB002220 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002221- Attorney-Client Sustained Reveals confidential communication made in RB002222 furtherance of legal services Work Product Sustained Opinion work product RB002270- Attorney-Client Sustained Reveals confidential communication made in RB002272 furtherance of legal services Work Product Sustained Opinion work product RB002273 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002274 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services RB002276 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services 15 7 RB002277- Attorney-Client Sustained Reveals confidential communication made in RB002279 furtherance of legal services RB002280- Attorney-Client Sustained Reveals confidential communication made in RB002282 furtherance of legal services Work Product Sustained Opinion work product RB002283- Attorney-Client Sustained Reveals confidential communication made in RB002285 furtherance of legal services Work Product Sustained Opinion work product RB002286- Attorney-Client Sustained Reveals confidential communication made in RB002288 furtherance of legal services RB002289- Attorney-Client Sustained Reveals confidential communication made in RB002290 furtherance of legal services RB002291 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB002292- Attorney-Client Sustained Reveals confidential communication made in RB002299 furtherance of legal services RB002300- Attorney-Client Sustained Reveals confidential communication made in RB002302 furtherance of legal services Work Product Sustained Opinion work product RB002303- Attorney-Client Sustained Reveals confidential communication made in RB002304 furtherance of legal services RB002307 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB002308 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB002309 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002318 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002324 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services 16 7 RB002325 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002326- Attorney-Client N/A Insufficient information2 RB002345 RB002348- Attorney-Client Sustained Reveals confidential communication made in RB002353 furtherance of legal services Work Product Sustained Opinion work product RB002354 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB002359- Attorney-Client Sustained Reveals confidential communication made in RB002360 furtherance of legal services Work Product Sustained Opinion work product RB002361 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002370- Attorney-Client Sustained Reveals confidential communication made in RB002371 furtherance of legal services Work Product Sustained Opinion work product RB002380 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB002385- Attorney-Client Denied Does not reveal confidential communication RB002386 made in furtherance of legal services RB002387- Attorney-Client Sustained Reveals confidential communication made in RB002388 furtherance of legal services Work Product Sustained Opinion work product RB002409 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB002473- Attorney-Client Sustained Reveals confidential communication made in RB002475 furtherance of legal services 2 Neither the description of this document on the SSA's privilege log nor the face of the document provides enough information to determine whether it is attorney-client privileged. As will be discussed later in this opinion, the SSA is instructed to file an in camera statement explaining why it believes this document is privileged. 17 7 RB002497- Attorney-Client Sustained Reveals confidential communication made in RB002500 furtherance of legal services Work Product Sustained Opinion work product RB002503 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services RB002505 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002542 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB002558- Attorney-Client Sustained Reveals confidential communication made in RB002559 furtherance of legal services Work Product Sustained Opinion work product RB002573- Attorney-Client Sustained Reveals confidential communication made in RB002574 furtherance of legal services Work Product Sustained Opinion work product RB002736 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002925- Attorney-Client Sustained Reveals confidential communication made in RB002926 furtherance of legal services Work Product Sustained Opinion work product RB002927- Attorney-Client Sustained Reveals confidential communication made in RB002928 furtherance of legal services Work Product Sustained Opinion work product RB002929 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002930 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB002931 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product 18 7 RB002932 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002933- Attorney-Client Sustained Reveals confidential communication made in RB002934 furtherance of legal services Work Product Sustained Opinion work product RB002936- Attorney-Client Sustained Reveals confidential communication made in RB002937 furtherance of legal services Work Product Sustained Opinion work product RB002938- Attorney-Client Sustained Reveals confidential communication made in RB002942 furtherance of legal services Work Product Sustained Opinion work product RB002960 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB002961- Attorney-Client Sustained Reveals confidential communication made in RB002962 furtherance of legal services RB002963- Attorney-Client Sustained Reveals confidential communication made in RB002965 furtherance of legal services Work Product Sustained Opinion work product RB002966- Attorney-Client Sustained Reveals confidential communication made in RB002969 furtherance of legal services Work Product Sustained Opinion work product RB002970- Attorney-Client Sustained Reveals confidential communication made in RB002972 furtherance of legal services Work Product Sustained Opinion work product RB002973 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services RB002974- Attorney-Client Sustained Reveals confidential communication made in RB002975 furtherance of legal services Work Product Sustained Opinion work product RB002976- Attorney-Client Sustained Reveals confidential communication made in RB002979 furtherance of legal services Work Product Sustained Opinion work product 19 7 RB002980- Attorney-Client Sustained Reveals confidential communication made in RB002981 furtherance of legal services Work Product Sustained Opinion work product RB002982 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002983 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002984- Attorney-Client Sustained Reveals confidential communication made in RB002985 furtherance of legal services Work Product Sustained Opinion work product RB002986 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002997 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002998 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB002999- Attorney-Client Sustained Reveals confidential communication made in RB003000 furtherance of legal services RB003001 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003002 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003003- Attorney-Client Sustained Reveals confidential communication made in RB003004 furtherance of legal services Work Product Sustained Opinion work product 20 7 RB003005 Attorney-Client N/A Innocuous3 Work Product RB003020- Attorney-Client Sustained Reveals confidential communication made in RB003021 furtherance of legal services Work Product Sustained Opinion work product RB003022 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB003025 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services RB003028 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Denied Not because of litigation RB003052 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003053 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003054 Work Product Sustained Opinion work product RB003055 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003059 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003065 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003124 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services 3 Sustaining privilege for this document would trivialize the work product doctrine and the attorney-client privilege. However, because this document contains no information of use to this litigation, I will not order it produced. 21 7 RB003125 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003126 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003127- Attorney-Client Sustained Reveals confidential communication made in RB003128 furtherance of legal services RB003132- Attorney-Client Sustained Reveals confidential communication made in RB003134 furtherance of legal services Work Product Sustained Opinion work product RB003135- Attorney-Client Sustained Reveals confidential communication made in RB003136 furtherance of legal services Work Product Sustained Opinion work product RB003156 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003168- Attorney-Client Sustained Reveals confidential communication made in RB003170 furtherance of legal services Work Product Sustained Opinion work product RB003171 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003172 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003174- Attorney-Client Sustained Reveals confidential communication made in RB003176 furtherance of legal services Work Product Sustained Opinion work product RB003179- Attorney-Client Sustained Reveals confidential communication made in RB003180 furtherance of legal services Work Product Sustained Opinion work product RB003181 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product 22 7 RB003182 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003183 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003184 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003288 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB003290- Attorney-Client Sustained Reveals confidential communication made in RB003298 furtherance of legal services Work Product Sustained Opinion work product RB003562- Attorney-Client Sustained/ Sustained for the cover e-mail, which reveals RB003569 Denied confidential communication made in Work Product Sustained/ furtherance of legal services and opinion work Denied product; denied for the attached documents unless otherwise privileged or nonresponsive RB003590- Attorney-Client Sustained/ Sustained for the cover note, which reveals RB003595 Denied confidential communication made in Work Product Sustained/ furtherance of legal services and opinion work Denied product; denied for the attached documents unless otherwise privileged or nonresponsive RB003597- Attorney-Client Sustained Reveals confidential communication made in RB003599 furtherance of legal services Work Product Sustained Opinion work product RB003600 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003622- Attorney-Client Sustained Reveals confidential communication made in RB003624 furtherance of legal services Work Product Sustained Opinion work product RB003625- Attorney-Client Sustained Reveals confidential communication made in RB003626 furtherance of legal services Work Product Sustained Opinion work product 23 7 RB003657- Attorney-Client Sustained Reveals confidential communication made in RB003658 furtherance of legal services Work Product Sustained Opinion work product RB003659 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003660 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003661 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003662- Attorney-Client Sustained Reveals confidential communication made in RB003664 furtherance of legal services Work Product Sustained Opinion work product RB003665- Attorney-Client Sustained Reveals confidential communication made in RB003667 furtherance of legal services Work Product Sustained Opinion work product RB003669- Attorney-Client Sustained Reveals confidential communication made in RB003670 furtherance of legal services Work Product Sustained Opinion work product RB003671 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003672- Attorney-Client Sustained Reveals confidential communication made in RB003686 furtherance of legal services Work Product Sustained Opinion work product RB003692 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB003694 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003695 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product 24 7 RB003696- Attorney-Client Sustained Reveals confidential communication made in RB003705 furtherance of legal services Work Product Sustained Opinion work product RB003706 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003707 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003755 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB003756 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB004609 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB004610- Attorney-Client Sustained Reveals confidential communication made in RB004611 furtherance of legal services Work Product Sustained Opinion work product RB004613 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB004614 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB004615- Attorney-Client Sustained Reveals confidential communication made in RB004616 furtherance of legal services Work Product Sustained Opinion work product RB004617- Attorney-Client Sustained Reveals confidential communication made in RB004628 furtherance of legal services Work Product Sustained Opinion work product RB004632- Attorney-Client Sustained Reveals confidential communication made in RB004633 furtherance of legal services Work Product Sustained Opinion work product 25 7 RB004634 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB004635- Attorney-Client Sustained Reveals confidential communication made in RB004640 furtherance of legal services Work Product Sustained Opinion work product RB006242- Attorney-Client Sustained Reveals confidential communication made in RB006244 furtherance of legal services Work Product Sustained Opinion work product RB007032 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB007033- Attorney-Client Sustained Reveals confidential communication made in RB007034 furtherance of legal services RB007035- Attorney-Client Sustained Reveals confidential communication made in RB007036 furtherance of legal services Work Product Sustained Opinion work product RB007045- Attorney-Client Sustained Reveals confidential communication made in RB007058 furtherance of legal services Work Product Sustained Opinion work product RB007059- Attorney-Client Sustained Reveals confidential communication made in RB007078 furtherance of legal services Work Product Sustained Opinion work product RB007079- Attorney-Client Sustained Reveals confidential communication made in RB007092 furtherance of legal services Work Product Sustained Opinion work product RB007816- Attorney-Client Sustained Reveals confidential communication made in RB007824 furtherance of legal services Work Product Sustained Opinion work product RB007825- Attorney-Client Sustained Reveals confidential communication made in RB007839 furtherance of legal services Work Product Sustained Opinion work product RB008416 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product 26 7 RB008419 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB008625 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB008646- Attorney-Client Sustained Reveals confidential communication made in RB008649 furtherance of legal services RB008943 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB008945 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB008946- Attorney-Client Sustained Reveals confidential communication made in RB008948 furtherance of legal services Work Product Sustained Opinion work product RB008949 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB008950- Attorney-Client Denied Does not reveal confidential communication RB008955 made in furtherance of legal services Work Product Sustained Opinion work product RB008978 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB008979- Attorney-Client Sustained Reveals confidential communication made in RB008991 furtherance of legal services Work Product Sustained Opinion work product RB008982- Attorney-Client Sustained Reveals confidential communication made in RB008985 furtherance of legal services Work Product Sustained Opinion work product RB008990- Work Product Sustained Opinion work product RB008992 RB008993- Work Product Sustained Opinion work product RB008994 27 7 RB008995- Attorney-Client Sustained Reveals confidential communication made in RB008997 furtherance of legal services Work Product Sustained Opinion work product RB008998- Attorney-Client Sustained Reveals confidential communication made in RB008999 furtherance of legal services Work Product Sustained Opinion work product RB009002- Attorney-Client Sustained Reveals confidential communication made in RB009005 furtherance of legal services Work Product Sustained Opinion work product RB009009- Attorney-Client Sustained Reveals confidential communication made in RB009012 furtherance of legal services Work Product Sustained Opinion work product RB009393- Attorney-Client Sustained Reveals confidential communication made in RB009394 furtherance of legal services RB009410- Attorney-Client Sustained Reveals confidential communication made in RB009411 furtherance of legal services Work Product Sustained Opinion work product RB009412 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB009414 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB009420- Attorney-Client Sustained Reveals confidential communication made in RB009422 furtherance of legal services Work Product Sustained Opinion work product RB009642 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB012773 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB012855 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services 28 7 RB012882 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Denied Does not reveal any work product RB012941- Attorney-Client Sustained/ Sustained for second sentence, which reveals RB012942 Denied confidential communication made in furtherance of legal services; denied for remainder Work Product Denied Not because of litigation RB012983- Attorney-Client Sustained Reveals confidential communication made in RB012985 furtherance of legal services Work Product Sustained Opinion work product RB012994 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB013014 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB013050 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB013168- Attorney-Client Sustained Reveals confidential communication made in RB013169 furtherance of legal services RB013180 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB013189- Attorney-Client Sustained Reveals confidential communication made in RB013190 furtherance of legal services Work Product Sustained Opinion work product RB013269 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB013281- Attorney-Client Sustained Reveals confidential communication made in RB013283 furtherance of legal services Work Product Sustained Opinion work product RB013354- Attorney-Client Sustained Reveals confidential communication made in RB013355 furtherance of legal services Work Product Sustained Opinion work product 29 7 RB013453- Attorney-Client Sustained Reveals confidential communication made in RB013458 furtherance of legal services Work Product Sustained Opinion work product RB013459- Attorney-Client Sustained Reveals confidential communication made in RB013487 furtherance of legal services Work Product Sustained Opinion work product RB013488- Attorney-Client Sustained Reveals confidential communication made in RB013493 furtherance of legal services Work Product Sustained Opinion work product RB013494- Attorney-Client Sustained Reveals confidential communication made in RB013503 furtherance of legal services Work Product Sustained Opinion work product RB013504- Attorney-Client Sustained Reveals confidential communication made in RB013508 furtherance of legal services Work Product Sustained Opinion work product RB013513- Attorney-Client Sustained Reveals confidential communication made in RB013514 furtherance of legal services Work Product Sustained Opinion work product RB013515- Attorney-Client Sustained Reveals confidential communication made in RB013516 furtherance of legal services Work Product Sustained Opinion work product RB013545 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services RB013688- Attorney-Client Sustained Reveals confidential communication made in RB013696 furtherance of legal services Work Product Sustained Opinion work product RB013699 Work Product Sustained Opinion work product RB013701- Attorney-Client Sustained Reveals confidential communication made in RB013704 furtherance of legal services Work Product Sustained Opinion work product RB013705- Attorney-Client Sustained Reveals confidential communication made in RB013711 furtherance of legal services Work Product Sustained Opinion work product 30 7 RB013712- Attorney-Client Sustained Reveals confidential communication made in RB013713 furtherance of legal services Work Product Sustained Opinion work product RB013715- Attorney-Client Sustained Reveals confidential communication made in RB013716 furtherance of legal services Work Product Sustained Opinion work product RB013717- Attorney-Client Sustained Reveals confidential communication made in RB013718 furtherance of legal services Work Product Sustained Opinion work product RB013719- Attorney-Client Sustained Reveals confidential communication made in RB013720 furtherance of legal services Work Product Sustained Opinion work product RB013721- Attorney-Client Sustained Reveals confidential communication made in RB013722 furtherance of legal services Work Product Sustained Opinion work product RB013723- Attorney-Client Sustained Reveals confidential communication made in RB013724 furtherance of legal services Work Product Sustained Opinion work product RB013725- Attorney-Client Sustained Reveals confidential communication made in RB013730 furtherance of legal services Work Product Sustained Opinion work product RB013731- Attorney-Client Sustained Reveals confidential communication made in RB013742 furtherance of legal services Work Product Sustained Opinion work product RB013743- Attorney-Client Sustained Reveals confidential communication made in RB013746 furtherance of legal services Work Product Sustained Opinion work product RB013747- Attorney-Client Sustained Reveals confidential communication made in RB013753 furtherance of legal services Work Product Sustained Opinion work product RB013754- Attorney-Client Sustained Reveals confidential communication made in RB013784 furtherance of legal services Work Product Sustained Opinion work product RB013785- Attorney-Client Sustained Reveals confidential communication made in RB013790 furtherance of legal services Work Product Sustained Opinion work product 31 7 RB013795- Attorney-Client Sustained Reveals confidential communication made in RB013796 furtherance of legal services Work Product Sustained Opinion work product RB013797 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB013800- Attorney-Client Sustained Reveals confidential communication made in RB013803 furtherance of legal services Work Product Sustained Opinion work product RB013855- Attorney-Client Sustained Reveals confidential communication made in RB013862 furtherance of legal services Work Product Sustained Opinion work product RB013867- Work Product Sustained Opinion work product RB013871 RB013872 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB013950 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB013951 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB014115 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB014116 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB014117 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB014193 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product 32 7 RB014194- Attorney-Client Sustained Reveals confidential communication made in RB014197 furtherance of legal services Work Product Sustained Opinion work product RB014224 Attorney-Client N/A Innocuous. See footnote 3, supra. Work Product RB014225 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB014226 Attorney-Client N/A Innocuous. See footnote 3, supra. Work Product RB014227- Attorney-Client Sustained Reveals confidential communication made in RB014229 furtherance of legal services Work Product Sustained Opinion work product RB014237 Attorney-Client N/A Innocuous. See footnote 3, supra. Work Product RB014238- Attorney-Client Sustained Reveals confidential communication made in RB014240 furtherance of legal services Work Product Sustained Opinion work product RB014248 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB014249 Attorney-Client Sustained Innocuous. See footnote 3, supra. RB014250- Attorney-Client Sustained Reveals confidential communication made in RB014251 furtherance of legal services Work Product Sustained Opinion work product RB014270- Attorney-Client Denied Does not reveal confidential communication RB014273 made in furtherance of legal services Work Product Sustained Opinion work product RB014274- Attorney-Client Sustained Reveals confidential communication made in RB014276 furtherance of legal services Work Product Sustained Opinion work product RB014277- Attorney-Client Denied Does not reveal confidential communication RB014282 made in furtherance of legal services Work Product Sustained Opinion work product 33 7 RB014283- Attorney-Client Denied Does not reveal confidential communication RB014288 made in furtherance of legal services Work Product Sustained Opinion work product RB014291- Attorney-Client Sustained Reveals confidential communication made in RB014293 furtherance of legal services Work Product Sustained Opinion work product RB014812- Attorney-Client Sustained Reveals confidential communication made in RB014813 furtherance of legal services Work Product Sustained Opinion work product RB014814 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB014817 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB014818 Attorney-Client Denied Does not reveal confidential communication made in furtherance of legal services Work Product Sustained Opinion work product RB014819- Attorney-Client Sustained Reveals confidential communication made in RB014820 furtherance of legal services Work Product Sustained Opinion work product RB014821- Attorney-Client Sustained Reveals confidential communication made in RB014822 furtherance of legal services Work Product Sustained Opinion work product RB014844- Attorney-Client Sustained Reveals confidential communication made in RB014846 furtherance of legal services RB014941- Work Product Sustained Opinion work product RB014942 RB014944- Attorney-Client Sustained Reveals confidential communication made in RB014948 furtherance of legal services Work Product Sustained Opinion work product RB014950 Attorney-Client Sustained Reveals confidential communication made in furtherance of legal services Work Product Sustained Opinion work product 34 7 RB014969- Attorney-Client Sustained Reveals confidential communication made in RB014972 furtherance of legal services Work Product Sustained Opinion work product RB014990- Attorney-Client Sustained Reveals confidential communication made in RB015016 furtherance of legal services Work Product Sustained Opinion work product RB015277- Attorney-Client Sustained Reveals confidential communication made in RB015280 furtherance of legal services Work Product Sustained Opinion work product RB015282- Attorney-Client Sustained Reveals confidential communication made in RB015284 furtherance of legal services Work Product Sustained Opinion work product B1DP00089 Attorney-Client Denied Does not reveal confidential communication 4 made in furtherance of legal services Work Product Sustained Opinion work product B1DP00140 Attorney-Client Sustained Reveals confidential communication made in 7 furtherance of legal services B1DP00144 Attorney-Client Sustained Reveals confidential communication made in 5 furtherance of legal services In addition to the documents in the above chart, the SSA submitted two unbates- numbered documents referenced on its supplemental March 17, 2005 privilege log. These documents were the subject of Plaintiff's Rule 37 Motion to Compel Production of Documents, the resolution of which was stayed by my November 1, 2005 order pending in camera review of the two documents at issue. Banks v. Office of the Senate Sergeant-at-Arms, No. 03-56 (D.D.C. Nov. 1, 2005) (order). The SSA asserted the work product privilege for both documents on the ground that they reveal information that its counsel gathered during interviews conducted in anticipation of litigation. After reviewing these documents in camera, I find that they are an SSA employee's notes of a conversation with counsel and that the notes expressly state what counsel 35 7 asked another employee and what counsel learned from that other employee during the course of conducting interviews because of the present litigation. As previously discussed, counsel's witness interviews are opinion work product. Accordingly, I will sustain the SSA's claim of work product protection for these two documents and plaintiff's motion to compel will now be denied. II. MOTION TO EXPEDITE AND SET SCHEDULE Plaintiff has moved the Court to "expedite the last of discovery in this matter" and to set a schedule for the filing of dispositive motions. However, in so moving, plaintiff does not explain what discovery remains outstanding. Nor does plaintiff propose a schedule for completing discovery or for filing dispositive motions. Therefore, in lieu of setting such deadlines, I will order the parties to meet and confer regarding the completion of discovery and the filing of dispositive motions and to file with the Court, no later than fourteen days from the date of this memorandum opinion, a joint proposed scheduling order. CONCLUSION For the reasons stated herein, I will order defendant to produce, within 10 days of this memorandum opinion, all of the documents as to which its claim(s) of work product protection and attorney-client privilege have been denied. As to those documents for which the court has sustained the SSA's claims of privilege in part, defendant shall produce redacted versions of the materials to plaintiff. As to document number RB002326-RB002345, the SSA shall submit in camera, within 10 days of this opinion, a statement as to why it contends that it is protected by the attorney-client privilege. 36 7 _____________________________ Dated: JOHN M. FACCIOLA UNITED STATES MAGISTRATE JUDGE 37