Does the doctrine of assembling materials in the ordinary course of business protect materials that have been used in litigation?
MultiRegion, United States of America
The following excerpt is from Ameripride Servs. Inc. v. Valley Indus. Serv. Inc., NO. CIV. S-00-113 LKK/JFM (E.D. Cal. 2011):
"created because of anticipated litigation, and would not have been created in substantially similar form but for the prospect of that litigation." In re Grand Jury Subpoena, 357 F.3d at 908 (internal citations omitted). The doctrine does not protect materials assembled in the ordinary course of business. Griffith v. Davis, 161 F.R.D. 687, 698-99 (C.D. Cal. 1995).
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