WILLIAMS V. DISTRICT OF COLUMBIA 806 F. Supp. 2d 44 (D.D.C. 2011) CASE BRIEF

WILLIAMS V. DISTRICT OF COLUMBIA
806 F. Supp. 2d 44 (D.D.C. 2011)
NATURE OF THE CASE: District (D) seeks to preclude Williams (P) from using a purportedly privileged communication at trial on the basis that it was inadvertently produced in discovery.
FACTS: D responded to P's first set of document requests. Included was 'recommendation to terminate packet,' which consisted of approximately 104 pages of documents pertaining to the termination of P's employment with D. Included was a two-page e-mail communication involving the then-Deputy General Counsel for D's Department of Health, discussing certain matters relating to P's proposed termination. D sought the return of the communication. In the succeeding two years and eight months, the parties proceeded as if nothing had happened at all. The matter was revived when the parties began preparing in earnest for the trial in this action. D filed this Motion to Exclude Plaintiff's Exhibit 9A. D contends that providing an opposing party with notice of an inadvertent disclosure under Rule 26(b)(5)(B) is sufficient to constitute 'reasonable steps to rectify the error.'

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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