Hoffman v. Retallick et al

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
SANMILL PACIFIC, INC., No. 05-12757
Debtor(s).
______________________________________/
TIMOTHY W. HOFFMAN, Trustee,
Plaintiff(s),
v. A.P. No. 07-1061
JOHN RETALLICK, et al.,
Defendant(s).
_______________________________________/
Memorandum re Transcript as Work Product
_________________
Plaintiff’s original counsel withdrew from representing the trustee after he learned that his law firm had
represented defendant John Retallick in 1993. Before his withdrawal, he examined defendant Kendra
Retallick pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure. Defendants seek to have the
transcript of this examination sealed as work product.
Defendants have cited no case where any deposition or examination transcript was ordered sealed as
work product, let alone the examination of a party. At least one case has flatly held that “the work product
Entered on Docket
June 27, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 07-01061 Doc# 18 Filed: 06/27/08 Entered: 06/27/08 14:26:26 Page 1 of 2

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doctrine is inapplicable to deposition transcripts.” Honda Lease Trust v. Middlesex Mutual Assurance
Co., 2008 WL 349239*4 (D.Conn.2008). As long as the copy of the transcript contains no notes of prior
counsel it may be turned over to and used by current counsel. If it contains notes, only that copy of the
transcript will be considered work product.
An order will be entered consistent with this decision.
Dated: June 27, 2008
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 07-01061 Doc# 18 Filed: 06/27/08 Entered: 06/27/08 14:26:26 Page 2 of 2