AA, by and through her parents BB and CC v. City of New York

Background

The plaintiffs applied for an order requiring the defendants to produce a privilege log. A privilege log identifies documents or materials withheld from discovery because a party claims they are protected from disclosure, and provides information that allows the opposing party to evaluate or challenge that claim.

The defendants opposed the application. Their response focused primarily on the merits of their privilege claims and requested that the court conduct a private review of the withheld documents. The defendants also stated that the materials consisted of “a single ongoing file that incorporates other active case files.”

Court’s Analysis

The court stated that producing a privilege log is mandatory under Federal Rule of Civil Procedure 45(e)(2)(A)(ii), Federal Rule of Civil Procedure 26(b)(5)(A)(ii), and Local Civil Rule 26.2. The court noted that the defendants cited no supporting case for their position that they should not have to produce a log. It also said the defendants’ explanation about the files did not show why they could not comply with the applicable rules.

The court declined to treat the defendants’ request for private review of the documents as a substitute for producing a privilege log. It emphasized that the purpose of the log is to provide plaintiffs with the information needed to challenge the defendants’ privilege claims. The court also encouraged defendants to consult Local Civil Rule 26.2(c), which describes efficient ways to provide information about privilege claims.

Ruling

The court granted the plaintiffs’ motion to compel production of a privilege log. It ordered the defendants to produce the log on or before July 11, 2025. The order addressed discovery procedure and did not decide whether the withheld materials were actually protected by privilege.