PINKHAM v. COCA-COLA REFRESHMENTS USA, INC. et al
||MATTHEW S. PINKHAM
||CCBCC OPERATIONS, LLC, CCBCC, INC. and COCA-COLA REFRESHMENTS USA, INC.
||April 10, 2018
||US District Court for the Southern District of Indiana
||Tim A. Baker
||Sarah Evans Barker
|Nature of Suit:
|Cause of Action:
||28:1332 Diversity-Auto Negligence
|Jury Demanded By:
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|August 13, 2018
ORDER ON DISCOVERY DISPUTE: At issue is whether Plaintiff Matthew Pinkham waived the work product privilege regarding videos of witness interviews when he showed portions of the videos at a sett lement mediation. Without a doubt, Pinkham waived any privilege regarding the specific clips shown and must produce them. The more interesting issue is whether the waiver extends to the full videos of the witness inte rviews. The Court held a telephonic status conference regarding this and other disputes on June 28, 2018. The Court resolved the other disputes, but took this issue under advisement and permitted the parties to submit letter briefs. Having heard the arguments and read the parties' submissions, the Court finds that the waiver does no t extend to the full videos of the witness interviews. Pinkham must produce the video clips he showed at the state court mediation within 14 days. However, fairness does not demand Pinkham produce the full videos of the four witness statements. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 8/13/2018.(SWM)
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