Is Head's substantive request for attorney-client privilege privileged if the substantive request was inadvertently filed on the docket, but has now been sealed?
MultiRegion, United States of America
The following excerpt is from United States v. Head, No. 2:08-cr-0093-KJM, No. 2:08-cr-0116-KJM (E.D. Cal. 2019):
2. Head's substantive request was inadvertently filed on the court's docket, but has now been sealed. ECF No. 1639 (ECF No. 890). Head has not waived any claimed privilege as a result of the court's error. See United States v. Apex Oil Co., No. 05-CV-242-DRH, 2007 WL 4557827, at *2 (S.D. Ill. Dec. 21, 2007) (finding plaintiff did not waive attorney-client privilege where document was not sealed due to court's error).
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