Rutgard

*597 ORDER GRANTING IN PART DEFENDANT’S MOTION TO COMPEL [48-1]

I.

INTRODUCTION

Defendant’s Motion to Compel Production of Files of Attorney Gene Royce in the above-referenced case was heard before Magistrate Judge Stiven in Courtroom E on April 13, 1999. Attorneys Krista Sandler and Mike Leone appeared on behalf of Defendant. Attorney William Cohan appeared on behalf of Plaintiff. Having read the written submissions of the parties, heard argument of counsel, and being fully advised, the Court FINDS and ORDERS as follows:

II.

BACKGROUND

Defendant seeks, by subpoena, to obtain the files and records of Attorney Gene E. Royce and his law firm of Royce, Grimm, Vranjes, McCormick & Graham, LLP, relating to Royce’s representation of Plaintiff during the malicious prosecution suit in which both the plaintiff and defendant in this case were sued for having previously filed an action against Plaintiffs former employees for antitrust violations. Mr. Royce, who does not represent Plaintiff in the present action, contacted Defendant’s counsel and indicated he would produce some of the documents requested, but requested a retainer to redact other documents as he felt appropriate.…