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Court to prohibit: (1) the admission of the exhibits, which it
claims contain privileged communications between Kelly and
Surgery Center; (2) the anticipated testimony of Kelly (as
evidenced by the Kelly affidavit) regarding privileged
communications between him and Surgery Center, including any
testimony concerning the contents of the exhibits; and (3) all
other testimony or written material containing matters protected
by the attorney-client privilege or work product doctrine.
In support of the motion, International argues that, as the
parent company of Surgery Center, it is asserting on behalf of
Surgery Center’s present management (New Management) Surgery
Center’s attorney-client privilege, which, with respect to the
information International asks be protected, New Management does
not now waive (nor has it ever waived). International further
argues that there is no evidence that any predecessor holder of
Surgery Center’s privilege waived that privilege with respect to
such information. International supports the motion with a
memorandum of law, an affidavit of Jason B. Cagle (the Cagle
affidavit), general counsel for International, and a second
memorandum of law (the reply memorandum), which is in response to
petitioners’ reply to the motion (the reply).
By the reply, petitioners object to the motion. Petitioners
identify four issues: (1) whether evidence of ownership interests
in a limited liability company is subject to the attorney-client
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Last modified: May 25, 2011