Free Order on Motion for Attorney Fees - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A discovery dispute hearing was held on April 27 and May 1, 2006. The dispute 16 involved whether Meritage should be permitted to take depositions in excess of the 17 presumptive limit of ten to which it previously stipulated. 18 The Court preliminarily addressed some pending motions. Regarding Meritage's 19 Motion For Interim Attorneys' Fees (Doc. #302), the Court found it premature, and it was 20 denied. Regarding the Motion to Defer the Effective Date of the Discovery Order (Doc. 21 #271), the Court deferred ruling, but reminded Greg Hancock that he is still obligated to 22 23 24 25 26 27 28 At a previous discovery dispute hearing, the Court heard argument regarding documents sought by Meritage pursuant to a request for production of documents that Greg Hancock claims are not within his "possession, custody, or control," but that are held by his former counsel Titus, Brueckner & Berry, P.C. ("Titus"). In its Order of January 18, 2006 the Court ordered Greg Hancock to produce the documents. Greg Hancock seeks an extension of at least 90 days to comply with the January 18, 2006 Order. Apparently, Titus, who is not a party to this litigation, contends that Greg Hancock cannot waive the attorneyCase 2:04-cv-00384-ROS Document 323 Filed 06/06/2006 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Meritage Homes Corporation, a Maryland) Corporation, et al., ) ) Plaintiff, ) ) vs. ) ) ) Ricky Lee Hancock, et al., ) ) Defendant. ) ) )

No. CV 04-0384-PHX-ROS ORDER

comply with Meritage's Request For Production of Documents.1 If Greg Hancock intends

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to adopt the position of his former counsel, Titus, Brueckner & Berry ("Titus"), then he must come forward with that assertion in writing and with facts and law to support his position. It is not Plaintiff's burden to seek the documents from Titus. Greg Hancock has until May 31, 2006 to either produce the documents requested or provide a privilege log for each document for which he claims the privilege. Greg Hancock cannot assert a blanket privilege. With respect to the Olympic Properties documents, both parties represented that the production should be complete on either May 1 or 2, 2006. Turning to the discovery dispute, the Court allowed the depositions of Ken Krause, Robert Rogers, and Larry Canarelli. The Court ordered Meritage to propose interrogatories to Bobbi Johnson in lieu of her deposition. The Court further ordered Meritage to interview Robert Wagoner and Larry Cox, and if after the interviews Meritage believes their depositions necessary, it may renew its request to the Court, but only after attempting to resolve the dispute with opposing counsel. Regarding the depositions of Kurt Brueckner, Jon Titus, David Fitzgerald, and Mr. Blonstein, all of whom work for Titus, the Court instructed Meritage to first depose the person most knowledgeable about the documents sought and determine if it is necessary to depose other members of the firm. The Court disallowed the depositions of Ian McCarthy and Linda Hancock. The Court stayed the filling of all other motions until after discovery is closed. A status hearing will be held on August 25, 2006 at 8:30 am.

Accordingly, IT IS ORDERED that Plaintiff's Motion For Interim Attorneys' Fees (Doc. #302) is denied as premature.

privilege on behalf of companies for which he does not own 100%, and thus, has refused client to produce many of the documents sought. The Court held that Greg Hancock was served with the request for production of documents; he owns his attorney-client privilege; the Court is not interested in Titus' objection unless Greg Hancock asserts the objection on his own behalf and it is a legitimate objection. Greg Hancock cannot pass-on his obligation to assert the privilege to a non-party. -2Case 2:04-cv-00384-ROS Document 323 Filed 06/06/2006 Page 2 of 3

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IT IS FURTHER ORDERED that Greg Hancock shall either produce the documents requested by Meritage or provide a privilege log for each document to which he asserts the privilege setting the basis for asserting the privilege no later than May 31, 2006. Counsel shall file a joint notice of compliance no later than June 7, 2006. IT IS FURTHER ORDERED that Meritage is permitted to depose Ken Krause, Robert Rogers, and Larry Canarelli, but not Ian McCarthy or Linda Hancock. Meritage may propose interrogatories to Bobbi Johnson in lieu of her deposition. Meritage shall interview Robert Wagoner and Larry Cox, and if after the interviews Meritage believes their depositions necessary, it may renew its request to take their depositions, but only after consulting counsel and attempting to resolve the dispute. Meritage shall depose one person from Titus, Brueckner, and Berry who is the most knowledgeable about the documents sought and determine if it is necessary to proceed with deposing other members of the firm. IT IS FURTHER ORDERED that the parties are not to file any motions until after discovery is closed. IT IS FURTHER ORDERED that a status hearing shall be held on August 25, 2006 at 8:30 am.

DATED this 6th day of June, 2006.

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