United States ex rel. Burroughs v. Denardi

167 F.R.D. 680 (1996)

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United States ex rel. Burroughs v. Denardi

United States District Court for the Southern District of California
167 F.R.D. 680 (1996)

  • Written by Rose VanHofwegen, JD

Facts

George Burroughs (plaintiff) brought a False Claims Act action alleging DeNardi Corporation, DeNardi Equipment Co., Inc., Harold DeNardi, Robert Wood, Jr., and Rodney Furuya (collectively, DeNardi) (defendants) defrauded the United States (plaintiff) by overcharging on government contracts. The False Claims Act required claimants to submit disclosure statements disclosing all supporting material evidence and information in their possession to the Department of Justice. Attorney Philip Stillman represented Burroughs and produced a privilege log listing the disclosure statement and letters Stillman wrote to government attorneys, as protected under work-product doctrine and attorney-client and joint-prosecution privileges, without providing the documents to the court for review. At Burroughs’s deposition, Stillman provided DeNardi a 97-page memorandum Burroughs wrote exhaustively discussing his claims with witnesses’ names and cross-referencing relevant documents. Burroughs had revised the memorandum, but Stillman said he would provide the original and gave DeNardi access to all the information used to prepare the communications to the government. DeNardi nonetheless moved to compel production.

Rule of Law

Issue

Holding and Reasoning (Papas, J.)

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