Absolute Activist Value Master Fund Ltd. v. Devine

ORDER

MÁC R. McCOY, UNITED STATES MAGISTRATE JUDGE

This cause comes before the Court on Plaintiffs’ Motion for a Determination of *1316Privilege Waiver by Defendant (Doc. 439) filed on August 5, 2016. Defendant filed a response (Doc. 456) on August 31, 2016. Plaintiffs filed a reply (Doc. 462) on September 14, 2016. Defendant filed a sur-reply (Doc. 468) on September 22, 2016. The matter has been extensively briefed and is ripe for review.

I. Background

Plaintiffs seek an Order finding that Defendant “has waived any privilege or protection that may have applied to the documents in Devine’s January 29…