Lowe v. Norfolk Southern Railway Co.

By Judge W. Allan Sharrett

This matter comes before the Court on Plaintiff Joseph J. Lowe’s motion to compel Defendant Norfolk Southern Railway Company to produce three documents appearing in Defendant’s Second Amended Privilege Log that have been withheld from discovery on the ground that they were “Gathered/prepared in Anticipation of Litigation.” (Def. Second Amended Privilege Log.) Following a hearing on Plaintiff’s motion on July 9, 2010, the Defendant submitted the documents for in camera review by the Court. The Court then took the matter under advisement while the parties briefed the…