Stewart Title Guaranty Co. v. Owlett & Lewis, P.C.

ORDER

SUSAN E. SCHWAB, United States Magistrate Judge.

I. Introduction.

This matter comes before the Court on defendant’s motion for an order directing the *234return of documents that defendant previously produced to plaintiff but now seeks to claw back. Specifically, the defendant produced a mediation memo and a consulting expert’s report in discovery and contends that the documents are privileged and were inadvertently produced. In deciding this dispute, and in the absence of a rule applicable to the inadvertent disclosure of confidential mediation documents and a non-testifying expert report, we…