Orthopaedic Hospital v. DJO Global, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ORTHOPAEDIC HOSPITAL, Case No.: 3:19-cv-00970-JLS-AHG

Plaintiff,

ORDER RESOLVING JOINT

v. MOTION REGARDING PRIVILEGE

WAIVER DISCOVERY DISPUTE

DJO GLOBAL, INC. and DJO

FINANCE, LLC,

[ECF No. 78] Defendants.

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27 28 This matter comes before the Court on the parties’ Joint Motion Regarding Privilege Waiver Discovery Dispute (ECF No. 78) (“the Joint Motion”). The parties seek resolution of their dispute regarding whether, due to the failure of Defendants DJO Global, Inc. and DJO Finance, LLC (“DJO”) to object to certain deposition testimony of DJO’s 30(b)(6) witness Bryan Monroe and Plaintiff’s use of a privileged document at the deposition, DJO thereby waived the attorney-client privilege with respect to (1) the privileged document at issue and related testimony; and (2) all attorney-client communications regarding the “same subject matter,” which Plaintiff argues…