Filed: Jun. 28, 2019
Latest Update: Jun. 28, 2019
Summary: ORDER ROBERT F. KELLY , Senior District Judge . AND NOW , this 28 th day of June, 2019, upon consideration of the Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception filed by Plaintiff/Counter-Defendant, Eddystone Rail Company, LLC ("Eddystone") (Doc. Nos. 217, 218), the Opposition filed by Defendants/Counterclaimants Bridger Logistics, LLC, Ferrellgas Partners, L.P., and Ferrellgas, L.P. (collectively, "BL/FG Defendants"), as well as Eddystone's Reply, BL/FG
Summary: ORDER ROBERT F. KELLY , Senior District Judge . AND NOW , this 28 th day of June, 2019, upon consideration of the Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception filed by Plaintiff/Counter-Defendant, Eddystone Rail Company, LLC ("Eddystone") (Doc. Nos. 217, 218), the Opposition filed by Defendants/Counterclaimants Bridger Logistics, LLC, Ferrellgas Partners, L.P., and Ferrellgas, L.P. (collectively, "BL/FG Defendants"), as well as Eddystone's Reply, BL/FG ..
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ORDER
ROBERT F. KELLY, Senior District Judge.
AND NOW, this 28th day of June, 2019, upon consideration of the Motion to Compel Production of Withheld Documents Under the Crime-Fraud Exception filed by Plaintiff/Counter-Defendant, Eddystone Rail Company, LLC ("Eddystone") (Doc. Nos. 217, 218), the Opposition filed by Defendants/Counterclaimants Bridger Logistics, LLC, Ferrellgas Partners, L.P., and Ferrellgas, L.P. (collectively, "BL/FG Defendants"), as well as Eddystone's Reply, BL/FG Defendants' Sur-Reply, the parties' Supplemental Submissions in letter form,1 the arguments presented to the Court during a hearing on April 10, 2019, and the documents submitted by BL/FG Defendants for in camera review, it is hereby ORDERED that the Motion to Compel is GRANTED.
It is FURTHER ORDERED that:
1. the crime-fraud exception applies to extinguish the attorney-client privilege and work product privilege as to the communications between BL/FG Defendants and their in-house and outside attorneys regarding the following subject matter areas: the restructuring of BTS; the transferring or redirecting of BTS' assets or/and revenue streams; the sale of BTS to Jamex; and the cessation of the Monroe shipping arrangement;
2. BL/FG Defendants shall produce their documents to Eddystone starting within three weeks of the date of this Order; and
3. in the event that BL/FG Defendants file an appeal, their production shall be STAYED pending a decision of the Appellate Court. This Court will retain the documents submitted for in camera review under seal in chambers until such time.
