Arthur Glick Truck Sales, Inc. v. Hyundai Motor America

Background

Arthur Glick Truck Sales, Inc. asked for permission to file under seal its opposition papers to Hyundai Motor America’s motion in limine, which is a request asking the court to exclude proposed trial evidence. The dispute concerned an email identified as HMA_0008000 and related communications identified as HMA_000796 through HMA_000805. Hyundai argued that the disputed email was protected by the attorney-client privilege. Glick argued that the privilege did not apply.

Requests and positions

Glick maintained that explaining why the privilege did not apply required discussing the communication’s contents, subject matter, and context. It therefore asked to file its opposition papers under seal. Glick also asked the court to require Hyundai to provide an unredacted version of the disputed communication and all related communications for in camera review, meaning private review by the court. Glick stated that Hyundai had not provided an unredacted version and had rejected its request to do so. The opinion does not state that the court decided whether the communications were protected by attorney-client privilege.

Ruling

The court granted the applications. It ordered that the documents filed at Documents 78 and 79 remain under seal. It directed the defendant to submit, by email and by December 3, 2024, the unredacted versions of documents HMA_000796 through HMA_000806 for the court’s in camera review, with the portions redacted as privileged highlighted. Judge Philip M. Halpern signed the order.

Disposition and scope

This was an ancillary order concerning sealing and the court’s review of potentially privileged evidence. The order did not resolve the underlying privilege dispute or state whether the disputed communication could be introduced at trial.