Where the plaintiffs in a Fair Labor Standards Act collective action have moved to compel production of compliance investigation reports and associated documents that were created after June 2019, that motion should be denied because the requested documents were prepared in connection with ongoing, specific litigation and are protected by the work product doctrine.
“This Fair Labor Standards Act (‘FLSA’) collective action is before the court on the motion of plaintiffs Jordan Roy and Justin Turnbull, on behalf of themselves and others similarly situated (‘Plaintiffs’), to compel production of Compliance Investigation Reports (‘CIRs’) and associated documents that were created after June 2019 (Dkt. No. 339). Defendant FedEx Ground Package Systems, Inc. (‘FedEx’) asserts that the attorney-client privilege and the work product doctrine protect the requested information (Dkt. No. 365). …
“The uncontested assertions in [Joseph P.] McHugh’s declaration establish that the CIRs and related analyses that were produced after June 2019 were prepared in connection with on-going, specific litigation and are protected by the work product doctrine. … FedEx has sufficiently shown that, after June 2019, it conducted compliance investigations and produced CIRs in aid of defending pending litigation. Accordingly, the CIRs and related analyses qualify as work product. …”
Roy, et al. v. FedEx Ground Package Systems, Inc. (Lawyers Weekly No. 02-488-23) (14 pages) (Robertson, U.S.M.J.) (Docket...
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