HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 208 - City's Motion To Clarify [205]IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 21-cv-02063-CNS-MEH
CITY OF FORT COLLINS,
Plaintiff/Counterclaim Defendant,
v.
OPEN INTERNATIONAL, LLC
Defendant/Counterclaim Plaintiff,
and
OPEN INVESTMENTS, LLC,
Defendant.
MOTION TO CLARIFY ORDER, DKT. 205
Plaintiff City of Fort Collins (the “City”), by and through its undersigned counsel, hereby
submits this motion for clarification of the Court’s March 21, 2023 Order regarding the City’s
privileged documents [Dkt. 205]. In support thereof, the City states as follows:
1.On February 21, 2023, the Master filed its Recommendation regarding Open’s
Motion to Compel TMG-related documents. Dkt. 195. In that Recommendation, the Master
made findings as to documents withheld by the City under the work-product or attorney-client
privilege.
2.On March 16, 2023, the City raised certain objections to the Master’s
Recommendation, identifying specific documents that it believed were protected, as well as any
duplicates or near duplicates of the same documents. See Dkt. 203 at 13-15 and n. 11-19.
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3. On March 21, 2023, the Court entered an Order finding that certain TMG-related
documents raised by the City are privileged and should be withheld. See Dkt. 205 at 3-4. The
Court, however, did not address the duplicates or near duplicates of documents identified by the
City and whether they are also privileged.1
4. Accordingly, the City respectfully requests clarification of the Court’s Order,
specifically:
a. Whether documents PRIV000545 and PRIV000618 are also privileged since
the Court already found PRIV000121 to be privileged;
b. Whether documents PRIV000285 and PRIV000530 are also privileged since
the Court already found PRIV000185 to be privileged;
c. Whether documents PRIV000230, PRIV000497, PRIV000590, and
PRIV000638 are also privileged since the Court found PRIV000205 to be
privileged;
d. Whether documents PRIV000054-55, PRIV000210-211, PRIV000262-63,
PRIV000328-29, PRIV000502-503, and PRIV000560-61 are also privileged
since the Court found PRIV000207 to be privileged;
1 Counsel for the City conferred with Open’s counsel regarding the relief requested herein.
Open’s counsel initially agreed to the relief as long as the Court also reviewed other documents
from the City’s privilege log. Counsel for the City advised that Open’s requested review was
premature as neither the Master nor the Court reviewed those documents. Afterwards, Open’s
counsel indicated that Open opposes the relief and for the first time claimed that the City waived
privilege to the duplicate documents, despite them being individually noted. See Dkt. 203 at 13-
15 and n. 11-19.
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e. Whether portions of documents PRIV000582 and PRIV000644 are also
privileged since the Court found PRIV000278 to be privileged; and
f. Whether documents PRIV000433, PRIV000454, PRIV000464, PRIV000622,
PRIV000671, PRIV000677, PRIV000693, PRIV000695, and PRIV000698
are also privileged since the Court found PRIV000421 to be privileged.2
5. All of these documents are duplicates or near-duplicates of documents that the
Court already found to be privileged and the City asks that they Court clarify that the duplicates
and near-duplicates are also privileged.
Respectfully submitted, this 3rd day of April, 2023.
DORSEY & WHITNEY LLP
s/ Case Collard
Case Collard
collard.case@dorsey.com
Andrea Ahn Wechter
wechter.andrea@dorsey.com
Maral J. Shoaei
shoaei.maral@dorsey.com
Dorsey & Whitney LLP
1400 Wewatta Street, Ste. 400
Denver, Colorado 80202
Telephone: (303) 629-3400
Attorneys for Plaintiff City of Fort Collins
2 The City provided electronic copies of these documents to the Court during the parties’ March
20, 2023 hearing. The City, however, is happy to deliver an additional copy if the Court would
prefer.
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CERTIFICATE OF SERVICE
I hereby certify that on April 3, 2023, I caused the foregoing document to be electronically filed via CM/ECF system which will send notification of such filing to the following:
Alexander D. White
Paul D. Swanson
Hannah E. Armentrout
Anna C. Van de Stouwe
Alexandra E. Pierce
HOLLAND & HART LLP
555 17th Street, Suite 3200
Denver, CO 80202
Telephone: (303) 295-8578
adwhite@hollandhart.com
pdswanson@hollandhart.com
hearmentrout@hollandhart.com
acvandestouwe@hollandhart.com
aepierce@hollandhart.com
Attorneys for Defendants
s/ Stacy Starr
Dorsey & Whitney LLP
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