The Trial Lawyers College v. Gerry Spences Trial Lawyers College at Thunderhead Ranch et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
__________________________________
THE TRIAL LAWYERS COLLEGE, a
nonprofit corporation,
Plaintiff and Counterclaim Defendant,
vs.
GERRY SPENCES TRIAL LAWYERS
COLLEGE AT THUNDERHEAD RANCH, a
nonprofit corporation, and GERALD L.
SPENCE, JOHN ZELBST, REX PARRIS,
JOSEPH H. LOW, KENT SPENCE, and
DANIEL AMBROSE, individuals, and
GERRY SPENCE METHOD AT
THUNDERHEAD RANCH, INC., a nonprofit
corporation,
Defendants,
and JOHN JOYCE,
Defendant, Counterclaim Plaintiff, and
Third-Party Plaintiff,
vs.
F WARRIORS,
Third-Party Defendant.
Case Number: 1:20-CV-00080-JMC-GJF
.
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THIRD SUPPLEMENTAL DISCOVERY ORDER
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The Court has completed its review of 73 ostensibly privileged documents that TLC
submitted for in camera inspection on July 14, 2022, in compliance with an order issued by the
Court during the July 7, 2022, hearing. See ECFs 385 (discovery order) at 2-3; 389 (clerk’s
minutes) at 3.
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For the reasons stated during the hearing, the Court finds and concludes that TLC waived
any privilege pertaining to the documents listed below by failing without sufficient excuse to
timely log these documents and timely disclose the log to Defendants. The Court further finds
that TLC waited some eighteen months to create a privilege log and finally disclosed it near the
end of the discovery period, thereby depriving Defendants of a reasonable opportunity to inspect
the log and challenge any of its entries.
Consequently, not later than July 29, 2022, TLC must disclose to Defendants the
documents (and any attachments embedded therein) with the following numbers as they appear on
TLC’s privilege log:
- 001
- 0023
- 034-037
- 060-063
- 113
- 116
- 124-127
- 130-133
- 137-140
- 151-154
- 161
- 169
- 172
- 176-179
- 181-187
- 191-199
- 201
- 248 (but only pages 2-22)
In its discretion, the Court will not require TLC at this time to disclose any other document
or portion of any other document listed on its privilege log. The Court notes that some twenty of
the documents submitted for its inspection involved correspondence in which one or more of
TLC’s litigation counsel participated or were copied. Pursuant to the parties’ agreement, because
these documents were created during the course of this federal litigation and were created by or
sent to litigation counsel, these documents did not need to be logged.
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SO ORDERED.
________________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE
Case 1:20-cv-00080-JMC Document 403 Filed 07/22/22 Page 3 of 3