Giuffre_Maxwell_Batch6_p00303.png

Case 1:15-cv-07433-LAP Document 1331-30 Filed 01/05/24 Page 6 of 19 I. MS. RANSOME HAS FAILED TO PROVIDE AN APPROPRIATE PRIVILEGE LOG, THEREBY EFFECTING A WAIVER OF PRIVILEGE Ms. Ransome has refused to produce all but a handful of documents. See Menninger Decl. Ex. E, Responses and Objections to Subpoena (“Responses”). With respect to many categories, and in her general objections, she claims the documents sought are “fundamentally privileged communications between a non-party and her counsel.” Jd. Responses 1-3. While she may assert that privilege under Fed.R.Civ.P. 45(E)(2)(A), she also is required to produce a log of all documents withheld based on any alleged privilege or protection: (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. An “unjustified failure to list privileged documents on the required log of withheld documents in a timely and proper manner operates as a waiver of any applicable privilege,” OneBeacon Ins. Co. v. Forman Int'l Ltd., 04 CIV. 2271(RWS), 2006 WL 3771010, at *7-8 (S.D.N.Y. Dec. 15, 2006). As this Court noted in OneBeacon Ins. Co., the waiver of privilege is equally applicable where there is a failure to produce a privilege log under Rules 45 and 26. Jd. (citing In re Application for Subpoena to Kroll, 224 F.R.D. 326, 328 (E.D.N.Y. 2004) (“Rule 45 requires that the party claiming a privilege prepare a privilege log.... Failure to submit a privilege log may be deemed a waiver of the underlying privilege claim.”)); Labatt Ltd. v. Molson Breweries, Nos. 93 CV 75004, 94 CV 71540(RPP), 1995 WL 23603 (S.D.N.Y. Jan. 20, 1995), aff'd, Dorf & Stanton Commc'ns, Inc., 100 F.3d 919, 923 (Fed.Cir.1997) (upholding determination that privilege had been waived due to failure to satisfy Rules 45(d)(2) and