Suburban Sew 'n Sweep, Inc. v. Swiss-Bernina, Inc.

Memorandum

LEIGHTON, District Judge.

This review of a Magistrate’s order entered in discovery proceedings presents an interesting and, to this court’s knowledge, as yet undecided question: whether documents which would otherwise be privileged as confidential attorney-client communications are no longer so privileged when recovered by a third party from a trash container. The relevant part of the Magistrate’s order, which plaintiffs object to, provides in its entirety that:

Defendants’ objections to interrogatories relating to documents removed from trash by plaintiffs are SUSTAINED. All…