GateGuard, Inc. v. Amazon.com Inc.

Background

Federal Rule of Civil Procedure 26 requires a party that withholds otherwise discoverable information based on attorney-client privilege to provide a privilege log. The log identifies the withheld materials and allows the opposing party to evaluate the privilege claim. The court explained that an unjustified failure to provide a timely privilege log may waive the privilege.

Gateguard produced documents to Amazon in November and December 2023 but did not provide a corresponding privilege log. Amazon repeatedly requested one. The court stated that Gateguard was required to provide the log with its discovery responses, within thirty days after receiving Amazon’s discovery requests. Fact discovery closed on February 29, 2024.

Ruling

During a February 28, 2024 conference, Gateguard committed to producing the privilege log by March 1. The court then entered an order requiring production by that date. Gateguard did not produce the log by March 1 and did not request an extension before the deadline expired. On March 4, it requested an extension until March 7, but the court found that Gateguard had not shown good cause for missing the deadline.

Magistrate Judge Valerie Pigueredo denied Gateguard’s request for an additional extension. The court also ruled that Gateguard’s failure to provide a timely privilege log, despite having ample time to do so, waived attorney-client privilege for documents included in its November and December 2023 productions.