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Henry v. Media General Operations, Inc.

Superior Court of Rhode Island

January 5, 2017

RUSSELL HENRY Plaintiff,
v.
MEDIA GENERAL OPERATIONS, INC., CHRIS LANNI, ALIAS, JAMES TARICANI, ALIAS, PETER LECLERC, ALIAS, RONALD JACOB, ALIAS KAREN E. GUILBEAULT, ALIAS, JOHN DOES, ALIAS Defendants.

         Providence County Superior Court

          For Plaintiff: Kathleen M. Hagerty, Esq.

          For Defendant: Stephen E. Breggia, Esq.; Raymond A. Marcaccio, Esq.; Charles N. Redihan, Esq.; Thomas C. Plunkett, Esq.

          For Interested Parties: David V. Igliozzi, Esq.; Michael J. Lepizzera, Jr., Esq., Christopher M. Rawson, Esq.

          DECISION

          GIBNEY, P.J.

         The Plaintiff, Russell Henry (Plaintiff or Henry), brings this Motion to Compel the Defendant, Karen E. Guilbeault (Defendant or Guilbeault) to produce previously redacted documents that were subpoenaed by the Plaintiff on April 18, 2016. The Defendant objected to production and, on June 14, 2016, provided a privilege log stating that some requested documents had been redacted due to privilege. After conducting an in camera review of the redacted documents, this Court finds that the documents are, in fact, protected by privilege and the Plaintiff's Motion to Compel is therefore denied.

         I

         Facts and Travel

         On April 18, 2016, the Plaintiff issued a subpoena duces tecum to Defendant requesting her appearance at a deposition on May 3, 2016 and requiring that she bring with her all documents and records regarding the present case. Specifically, the subpoena requested:

"True and exact copies of all records, including all bills, of telephone calls, text messages, emails and any and all communication, for each and every one of your personal cell phones, Personal Digital Assistant (PDA), Blackberry device, Droid device, Apple device, or any other communication device owned or operated by you at any time from November 1, 2013 up to and including August 31, 2014." Pl.'s Ex. A, at 4.

         The Defendant thereafter filed a Motion to Quash the Plaintiff's Subpoena Duces Tecum and moved for the issuance of a protective order. On May 2, 2016, the parties met in chambers with the Honorable Justice Licht to address the Defendant's Motion to Quash. As a result of that meeting, the Court entered an Order (the June 10th Order) granting, in part, Defendant's Motion to Quash. The Court ordered that the scheduled deposition of the Defendant for May 3, 2016 be cancelled. The Court also ordered that the deposition be rescheduled and that the Defendant produce the documents requested in the subpoena, but that she be allowed to submit a privilege log outlining what information is withheld and what privilege she is invoking. Further, the Court ordered that during said deposition, no party shall question the Defendant about any fact, claim, issue, and/or matter in any way relating to the case of Guilbeault v. Palombo, Jr., et al, Civil Action No. PC-2013-2109 (the Palombo Suit).

         The Defendant thereafter produced the subpoenaed documents, with redactions, attended a deposition, and also provided a privilege log containing twenty objections. In response, the Plaintiff brings this Motion to Compel production of those redacted documents. The matter came before this Court during a hearing on December 5, 2016. In preparation for that hearing, the Defendant submitted unredacted copies of the requested documents to the Court for an in camera review. The Court has conducted said in camera review of the unredacted documents in order to determine if a valid privilege exists.

          II

         Parties' ...


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