Bailey
Bailey v. Rite Aid Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 THOMAS BAILEY, Case No. 4:18-cv-06926-YGR
Plaintiff,
ORDER GRANTING IN PART AND DENYING
v. IN PART JOINT DISCOVERY LETTER BRIEF
RITE AID CORPORATION, Re: Dkt. Nos. 93, 94 Defendant.
11 Pending before this Court is a discovery dispute regarding communications between counsel for plaintiff Thomas Bailey and Valisure LLC. (Dkt. Nos. 93, 94.) Bailey contends that the communications are protected under FRCP 24(b)(4)(D)(ii) which provides:
Expert Employed Only for Trial Preparation. Ordinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial. But a party may do so only: (i) as provided in Rule 35(b); or (ii) on showing exceptional circumstances under which it is …