Free Uncategorized - District Court of Arizona - Arizona

Quarles & Brady Streich Lang LLP

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 true: 1.

Firm State Bar No. 00443100 Renaissance One Two North Central Avenue Phoenix, AZ 85004-2391
TELEPHONE 602.229.5200

Lonnie J. Williams, Jr. (#005966) ([email protected]) Dawn C. Valdivia (#020715) ([email protected]) Attorneys for Plaintiff Marcela Johnson IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Marcela Johnson, Plaintiff, v. Charles Schwab Corporation, Defendant. NO. CV 04-0790 PHX-EHC STATEMENT OF CONSULTATION BY DAWN C. VALDIVIA IN SUPPORT OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS WITHHELD ON THE BASIS OF PRIVILEGE

I, Dawn C. Valdivia, declare under penalty of perjury that the following facts are

I am an associate at Quarles & Brady Streich Lang and counsel for the

Plaintiff Marcela Johnson in this matter. 2. On September 8, 2005, we issued a first set of Requests for Production

("RFP) of documents and Non-Uniform Interrogatories ("NUI") to Defendant Charles Schwab Corporation ("Schwab"). On October 28, 2006, Schwab responded to the

discovery requests. See responses to first set of NUI and RFP attached as Exhibit A. 3. At the beginning of the RFP and the NUI, Schwab inserted a general

objection based on privilege. Schwab also specifically objected to NUI Nos. 2-7 and 10 and to RFP Nos. 5-8, 12, 14-17, and 23 on the basis of privilege. Schwab additionally withheld documents pursuant to RFP Nos. 1, 4, 13, 24 because of privilege. See Exhibit A, attached hereto. 4. Schwab did not produce a privilege log with their responses to the first set

Case 2:04-cv-00790-EHC

Document 159-2

Filed 06/07/2006

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

of NUI and RFP. 5. On November 11, 2005, I requested a privilege log from Schwab. See letter

to Chris Mason attached as Exhibit C. 6. 7. We did not received a privilege log. On November 28, 2005, I followed-up on my November 11, 2005, letter.

See letter to Chris mason attached as Exhibit D. 8. 9. Again, no log was produced. On December 7, 2005, I engaged in a meet and confer with Mr. Mason and

Mrs. Ganz, during which I reminded Schwab's counsel that no privilege log had been produced. 10. 11. On January 17, 2006, I served a second set of RFP and NUI on Schwab. In response to Johnson's second sets of RFP and NUI, Schwab asserted

general objections based on privilege. See responses to second set of NUI and RFP attached as Exhibit B. 12. On February 21, 2006, Schwab responded to the second set of RFP and NUI

asserting a blanket objection based on privilege. 13. To date, Schwab has not produced a privilege log.

DATED this 7th day of June, 2006. QUARLES & BRADY STREICH LANG LLP

By s/Dawn C. Valdivia Dawn C. Valdivia I hereby certify that on June 7, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of Notice of Electronic filing to the following CM/ECF registrants: Joseph T. Clees Karen Gillen Nonnie Shivers Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Case 2:04-cv-00790-EHC

Document 159-2-2- Filed 06/07/2006

Page 2 of 3

1 2 3

A copy of this document was provided to The Honorable Earl H. Carroll s/Dawn C. Valdivia
QBPHX\115637.00002\2018141.1

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cv-00790-EHC Document 159-2-3- Filed 06/07/2006 Page 3 of 3