Delgado v. Donald J. Trump For President, Inc.

• Court: District Court, S.D. New York
• Decided: February 22, 2023
• Docket: 1:19-cv-11764
• Status: Unknown

Opinion

Miri DOCUMENT ELECTRON UNITED STATES DISTRICT COURT #: ICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC 2 DATE FILED: 92/22/2023 ARLENE DELGADO, Plaintiff, -against- DONALD J. TRUMP FOR PRESIDENT, INC., 19-CV-11764 (AT) (KHP) TRUMP FOR AMERICA, INC., SEAN SPICER, ORDER individually, REINCE PRIEBUS, individually, STEPHEN BANNON, individually, Defendants. ~----------------------------------------------------------------X KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE: On February 21, 2023, the Court received an ex parte, in camera submission by Plaintiff regarding her counsel’s motion to withdraw as counsel. The submission requests an extension of time to file a supplemental ex parte, in camera submission on this issue. That request is GRANTED; Plaintiff may submit a supplemental in camera, ex parte submission of no more than five pages in length by Tuesday, February 28, 2023. Plaintiffs submission raised a concern regarding waiver of the attorney-client privilege. The Court notes that in camera submissions (i.e. submissions that are made to the Court but not to other parties in the action or any third parties) do not typically effect a waiver of any attorney-client privilege. See, e.g., In re John Doe Corp., 675 F.2d 482, 490-91 (2d Cir. 1982); Plasmanet, Inc. v. Apax Partners, Inc., 2003 WL 21800981, at *2 n.4 (S.D.N.Y. Aug. 5, 2003). Additionally, Plaintiff's submission raised a concern regarding the potential of the various submissions to impact the Court’s view of the parties. The Court reassures Plaintiff that the submissions do not impact the Court’s view of the parties. The Court routinely deals with

motions to withdraw involving disputes between clients and their lawyers, and it resolves such disputes in accordance with applicable law and rules. Such disputes do not impact the Court’s decision-making on issues relating to discovery or any other issues, which the Court also resolves in accordance with applicable law and rules. In addition, because the Undersigned is only referred for General Pretrial and settlement, | will not be the decision-maker on any dispositive issue in this case. Such issues will be resolved by the Honorable Analisa Torres, and, if this case proceeds to a jury trial, by a jury. Plaintiff’s counsel is directed to provide a copy of this Order to the Plaintiff. SO ORDERED. DATED: New York, New York February 22, 2023 Kethaine H ferke KATHARINE H. PARKER United States Magistrate Judge