ORDER: October 24, 2014
CBCA 2878
JANE MOBLEY ASSOCIATES, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Ralph C. Thomas III of Barton Baker Thomas & Tolle LLP, McLean, VA, counsel
for Appellant.
Catherine Crow and John S. Tobey, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
McCANN, Board Judge.
Order
The General Services Administration (GSA) has moved for partial reconsideration of the Board’s ruling of July 16, 2014, which concerned GSA’s assertion of the attorney-client privilege to protect certain communications and documents, and to make redactions to communications sought through discovery. GSA’s motion for partial reconsideration alleges errors of law and fact on the part of the Board.
We hereby VACATE our ruling of July 16, 2014, to re-examine the issue of attorney-client privilege as it relates to all the communications, documents, and redactions which respondent sought to withhold.
Respondent is ordered to file a privilege log as described in Federal Rule of Civil Procedure 26(b)(5)(A) that fully addresses the communications, documents, and redactions that respondent seeks to protect under a claim of attorney-client privilege. Respondent should cite authority for protecting each communication, document, and redaction it claims to be privileged. Respondent’s privilege log is due to the Board and the opposing party by no later than Friday, November 7, 2014.
The parties should attempt to resolve the attorney-client privilege assertions set forth by respondent without Board involvement. Judge Patricia J. Sheridan, who is also a panel member, is assigned as the Discovery Judge authorized to decide any discovery issue that the parties cannot resolve. Prior to filing any motion concerning a discovery matter, the parties shall contact Judge Sheridan and request a telephone conference to discuss the discovery dispute.
___________________________
R. ANTHONY McCANN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Jane Mobley Associates, Inc, CBCA 2878. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.