Houston Municipal Employees Pension System v. BofI Holding, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 In re B of I HOLDING, INC. Case No.: 15-cv-2324-GPC-KSC
SECURITIES LITIGATION
ORDER ON DISCOVERY DISPUTES
REGARDING THE BANK
EXAMINATION PRIVILEGE
15 [Doc. Nos. 300, 301]
17 Before the Court are two joint discovery motions related to defendants’ assertion of the bank examination privilege (hereafter sometimes “BEP”) on behalf of the Office of the Comptroller of the Currency (“OCC” or the “Agency”), and the documents withheld or redacted on the basis of that privilege. See Doc. Nos. 300 (redacted) 318 (under seal), 301 (redacted); 318-1 (under seal). Plaintiffs dispute the assertion of privilege, and alternatively assert that there is good cause to override the privilege. See generally id. The OCC also filed a brief at the Court’s invitation stating its position as to the parties’ dispute. See Doc. No. 299. At the Court’s request, defendants lodged a sampling of the disputed documents with the Court for an in camera review. See Doc. No. 326. …