Spirit Master Funding, LLC v. Pike Nurseries Acquisition, LLC
United States District Court for the Northern District of Georgia
287 F.R.D. 680 (2012)
Pike Nurseries Acquisition, LLC (Pike) (defendant) leased retail property from Spirit Master Funding, LLC (Spirit) (plaintiff). Spirit brought suit against Pike for breach of the lease for failure to maintain the property. Pike filed a motion to compel production of property inspection reports that Hercules and Ramos had conducted on Spirit’s behalf, as well as Spirit’s communications with Hercules and Ramos. Spirit objected to the motion based on the work-product privilege under Federal Rule of Civil Procedure 26. Spirit submitted affidavits stating that Hercules and Ramos were hired in anticipation of litigation with Pike. Further, Spirit detailed a growing dispute with Pike about the condition of the property. Spirit filed suit a few months after it hired Hercules and Ramos as consultants. Pike asserted that the documents were prepared in Spirit’s ordinary course of business and thus were not protected by the work-product privilege.
Rule of Law
Holding and Reasoning (Totenberg, J.)
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