3-1700-10643-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF HUMAN RIGHTS

 

Judith E. Morke,                                  Complainant,   v.   Piper Jaffray, Inc.,                                  Respondent.

ORDER COMPELLING RESPONDENT TO MAKE AVAILABLE COMMUNICATIONS CLAIMED AS PRIVILEGED

            WHEREAS, the Judge has previously expedited matters in this case by providing a letter summarizing his rulings on discovery issues and followed those rulings with an Order;

            WHEREAS, on March 5, 1997, Piper Jaffray, Inc. has apparently determined that it will not comply with such informal efforts to expedite this proceeding and have requested that an Order be issued instead;

WHEREAS, the Judge previously stated in a letter dated February 27, 1997, as follows:

            You are hereby advised that I have completed my in camera inspection of the Affidavit of AnnDrea M. Benson, General Counsel for Piper Jaffray, Inc., and the Affidavit of Edward Caillier, Director of Human Resources for Piper Jaffray, Inc.  Based on my review of the Affidavits, I have concluded that Piper Jaffray, Inc.'s claim of attorney-client privilege related to the communications between Ms. Benson and Mr. Caillier must be rejected.  The Judge specifically determines that communications with Ms. Benson are not privileged and, therefore, available for discovery.

WHEREAS, the Judge made the foregoing conclusion after substantial research on the issue of attorney-client privilege and a written Order summarizing his research, it will take several days in recognizing that trial of this matter is schedule to begin in approximately two weeks and it is necessary for the Judge to expedite any ruling regarding discovery or testimony;

NOW, THEREFORE, it is appropriate and in the public interest to issue the following:

ORDER

Piper Jaffray, Inc.'s claim of attorney-client privilege related to the communications between Ms. AnnDrea M. Benson, General Counsel, and Edward Caillier, Director of Human Resources, is hereby rejected.  The communications between Ms. Benson and Mr. Caillier concerning contemplated personnel action affecting the Complainant are not privileged communications and therefore must be available for discovery, or testimony in this proceeding.

 

 

Dated this

day of

March

1997.

 

 

                                                                             

ALLEN E. GILES

Administrative Law Judge

 

 

MEMORANDUM

 

            The Judge has previously issued an Order addressing the attorney-client issue presented by the discovery in this case.  As a result of that Order, Respondent was directed to submit the communications for an in camera inspection by the Judge.  After the Judge's in camera inspection, he determined that the attorney-client privilege should not attach to the communications for which the privilege was claimed.  This decision was communicated to Respondent by letter dated February 27, 1997.  Piper Jaffray refuses to make the communication available except upon issuance of an Order by the Judge.  Therefore, this Order is being issued directing Respondent to comply.

 

            The Judge notes that Piper Jaffray has already been sanctioned for disruptive and uncooperative behavior in this litigation and notes that Respondent's failure to comply appears to be another instance of the uncooperative and disruptive behavior that has been shown in this litigation. 

 

A.E.G.