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Civil Procedure Keyed to Glannon
In re Recticel Foam Corp. (II)
Citation:859 F.2d 1000 (1st Cir. 1988)
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Litigation that arose out of a San Juan hotel fire involved almost 2000 plaintiffs and 200 defendants. The proceedings were consolidated for discovery purposes, all before one district court. One codefendant moved to compel discovery of videotapes and photographs from another. The holder of the tapes and photographs initially claimed that the material was work product, and therefore immune from discovery. Thereafter, however, the holder of the tapes and photographs agreed to waive the work product privilege in exchange for reimbursement of half the cost of reproducing the materials. The district court ordered all of the served defendants to share in the discovery reproduction expense. Codefendant Recticel Foam Corp. filed a petition for a writ of mandamus to challenge the cost sharing order.
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