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Janvey v. Adams & Reese, Llp

United States District Court, M.D. Louisiana

May 22, 2015

RALPH S. JANVEY, IN HIS CAPACITY AS COURT-APPOINTED RECEIVER FOR THE STANFORD INTERNATIONAL BANK, LTD., ET AL., and the OFFICIAL STANFORD INVESTORS COMMITTEE,
v.
ADAMS & REESE, LLP; BREAZEALE, SACHSE & WILSON, LLP; ROBERT SCHMIDT; JAMES AUSTIN; CLAUDE F. REYNAUD, JR.; CORDELL HAYMON; THOMAS FRAZER

This case is pending in the Northern District of Texas Case No. 3:12-cv-0495-B.

ORDER

RICHARD L. BOURGEOIS, Jr., Magistrate Judge.

Before the Court is a Joint Motion to Overrule Assertions of Privilege and Compel Production of Withheld Documents, or, Alternatively, Motion for In Camera Review, and Memorandum in Support (R. Doc. 38) filed on March 30, 2015, by Defendant Breazeale, Sachse & Wilson, LLP; Defendant Claude F. Reynaud, Jr.; and Defendant Cordell Haymon (collectively, "Movants"). On April 20, 2015, the Louisiana Office of Financial Institutions ("OFI"), a non-party to the underlying litigation, filed a response memorandum opposing to production of the documents, but agreeing to an in camera review of the documents. (R. Doc. 39).

On May 8, 2015, the court ordered OFI to provide the documents at issue for in camera review. OFI provided the documents to the court on May 14, 2015. The court has conducted an in camera review of the documents withheld by OFI, including the redacted documents in both their redacted and non-redacted forms.

I. Background

The documents at issue are responsive to a Rule 45 subpoena served on OFI by the Movants on January 16, 2015. Consistent with the court's order dated January 12, 2015 (R. Doc. 35), which authorized the production of certain documents by OFI pursuant to La. R.S. 6:103(H), the subpoena sought the following information from OFI:

1. Emails between and among John Ducrest, Sidney Seymour, Didrea Moore, and/or Deree Allen regarding STC's[1] receipt of fees related to SIB[2] CDs between 2001 and 2009. This request does not seek emails drafted by an agent or employee of STC or on which an agent or employee of STC was included as a recipient.
2. Written communications between and among John Ducrest, Sidney Seymour, Didrea Moore, and/or Deree Allen regarding STC's receipt of fees related to SIB CDs between 2001 and 2009. This request does not seek emails drafted by an agent or employee of STC or on which an agent or employee of STC was included as a recipient.
3. Working notes from John Ducrest, Sidney Seymour, Didrea Moore, and/or Deree Allen regarding STC's receipt of fees related to SIB CDs between 2001 and 2009. This request does not seek emails drafted by an agent or employee of STC or on which an agent or employee of STC was included as a recipient.
4. The exhibits attached to the July 16, 2012, Videotaped Deposition of Esther Decree Allen, taken in No. 581670, Section 24; Troy Lillie, et al. v. Stanford Trust Company, et al.; in the 19th Judicial District Court of East Baton Rouge Parish. This request does not seek production of any documents that are available from STC.
5. The exhibits attached to the July 17, 2012, Deposition of Seymour Allen, taken in No. 581670, Section 24; Troy Lillie, et al. v. Stanford Trust Company, et al.; in the 19th Judicial District Court of East Baton Rouge Parish. This request does not seek production of any documents that are available from STC.
6. Any witness statements, including the associated exhibits, of any employee, agent, director, or officer of OFI regarding STC's receipt of fees related to SIB CDs between 2001 and 2009. This request does not seek production of any documents that are available from STC.

(R. Doc. 38-1 at 3). Movants granted OFI an extension until March 4, 2015, to respond to the subpoena. (R. Doc. 38 at 4).

On March 3, 2015, OFI produced documents from the depositions of DeRee Allen and Sidney Seymour, and three privilege logs stating that OFI was withholding certain responsive documents pursuant to the deliberative process privilege, the attorney-client privilege, or both. (R. Doc. 38 at 4). These three privilege logs are attached to the instant motion. (R. Doc. 38-1 at 4-7). OFI withheld 18 documents and redacted an additional three documents. The subject matter descriptions provided in these privilege logs are brief: "SIB CD's IRA's, " "SIB CD's, " "Draft Cease and Desist Order, " "STC ...


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