JumpSport, Inc. v. Jumpking, Inc.

OPINION AND ORDER DENYING PLAINTIFF’S MOTION TO COMPEL RETURN OF ‘DELOITTE REPORT’

BRAZIL, United States Magistrate Judge.

I. INTRODUCTION: ISSUE, TEST APPLIED, AND HOLDING

The principal issue we address is whether plaintiff has shown that a document it inadvertently produced in response to a discovery request was “prepared in anticipation of litigation” as that phrase is used in Federal Rule of Civil Procedure 26(b)(3)(“Rule 26(b)(3)”) to fix the outer boundaries of the work product doctrine. To resolve this issue we have had to grapple with the meaning of the test that has been adopted by…