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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