Fitzsimmons

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RISING TIDE I, LLC, et al., Case No. 17-cv-01232-TSH

Plaintiffs,

DISCOVERY ORDER

v. Re: Dkt. Nos. 134, 136 MICHAEL FITZSIMMONS, et al., Defendants.

12 In ECF No. 129, the Court ordered Latham & Watkins – Delivery Agent’s former counsel – to produce documents responsive to Defendants’ subpoenas in this and the related action Abdo v. Fitzsimmons, No. 17-851. The Court found that there was a presumption that the attorney-client privilege held by Delivery Agent was no longer viable given that the company had ceased to function. Delivery Agent’s Trustee had indicated that he did not intend to waive any applicable privilege but failed to provide a basis to believe a privilege existed. That order largely resolves the current discovery letter briefs concerning similar subpoenas Plaintiffs have served on Bergeson and Orrick, Herrington & Sutcliffe. See ECF Nos. 134, 136. However, Bergeson and Orrick have some additional arguments as well. Bergeson contests…