Federal Deposit Insurance v. Fidelity & Deposit Co.
Opinion
lead Opinion
Whelan, J.
ORDER GRANTING IN PART AND DENYING IN PART OBJECTIONS TO MAGISTRATE JUDGE’S ORDER
Plaintiff Federal Deposit Insurance Corporation (“FDIC”), acting as receiver of Great American Bank (“GAB”), brings this action under the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”). FDIC seeks to collect on several fidelity bonds issued to GAB that provide coverage against the dishonest or fraudulent acts of GAB’s employees.
On January 10, 2000 FDIC filed a motion for a protective order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. (Doc. No. 330). FDIC argued that the attorney-client privilege and work-product protection covered the inadvertently disclosed documents and sought an order requiring Defendants to return them. Defendants Underwriters, Travelers Casualty and Surety Company and National Union Fire Insurance Company of Pittsburgh opposed the motion, contending FDIC’s inadvertent disclosure constituted a waiver of the attorney-client and work-product protections. (Doc. Nos. 342, 343, 344).
On February 29, 2000 the Honorable Anthony J. Battaglia, United States Magistrate Judge, denied FDIC’s motion and concluded that FDIC waived its…