Jerry and Patricia A. Dixon, et al - Page 91




                                       - 173 -                                        

          Mr. Huestis filed a supplemental privilege log.  On May 24, 1996,           
          following an in camera review of the documents that Mr. Huestis             
          claimed were privileged, the Court ruled that the majority of the           
          documents in question were not protected from disclosure.  In               
          response to the Court's ruling, Mr. Huestis made an oral motion             
          for a protective order on behalf of Mr. Thompson requesting that            
          the parties maintain the confidentiality of all documents                   
          identified in Mr. Huestis' privilege logs.  On June 10, 1996, the           
          Court issued an order granting Mr. Huestis' oral motion for                 
          protective order.  In particular, the Court placed under seal               
          Exhibits 943-AMD through 975-ANJ, 978-ANM, and 979-ANN, and                 
          directed the parties to maintain the confidentiality of the                 
          documents.  By order dated June 26, 1996, the Court placed                  
          additional exhibits under seal, including Exhibits 995-ANO                  
          through 1015-AOI and 1018.  The Court's order also placed under             
          seal a relevance memorandum filed by Mr. Sticht on June 24, 1996.           
          The Court indicated that the affected parties would be given                
          notice and an opportunity to respond before the Court lifted its            
          protective orders with respect to these documents.75                        
          K.   Burden of Proof and Rule 145 Order                                     
          By order dated May 2, 1996, the Court announced that it                     
          would defer ruling on assignment of the burden of proof and                 


          75  By order dated Aug. 27, 1998, the Court directed the                    
          parties to file reports with the Court stating in detail any                
          objection to the lifting of the Court's protective orders.  As              
          discussed in greater detail below, the Court will lift its                  
          protective orders dated June 10 and 26, 1996.                               

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