Magistrate Judge Goodman Cites Fat(ter) Elvis!

Actually, I think "fat" Elvis is quite unfair to the Big Man --  I prefer "sweaty" Elvis, "drugged out" Elvis, "velvet oil" painting Elvis, "bizarre Karate-chopping" Elvis, "huge pork chops on your face" Elvis, "crying-at-any-moment onstage" Elvis, these are all much more affectionate terms in my opinion.

Ok, let's get to it.

Question is whether incident reports prepared by a cruise ship vendor operating a bobsled ride.......

STOP -- never go on a bobsled ride.

If you are above the age of 10, you have no business being on a "bobsled ride" in Jamaica or anywhere else.

Sheesh, what is with people!

Anyway, the reports were prepared at the direction of the bobsled vendor's general counsel, and therefore are work product, according to Judge Goodman:

Moreover, Gentry cannot show a substantial need for these documents. Counsel often assume that when opponents withhold documents upon a claim of privilege, that they do so because they are in fact sitting on a smoking gun. Consequently, counsel propounding discovery often suspect automatically that the opponent is asserting the work product doctrine because the adversary is trying to hide significant, adverse evidence3 .

But based on its in camera review, the Court can report that this is not the case here. In fact, despite all the argument on this issue, these documents are not particularly helpful to proving Gentry's allegations. To the contrary, the two incident reports and one email are comparatively innocuous documents which simply report the basic information about the incident -- information which Gentry either already knows or will likely soon know based on deposition testimony obtained during discovery.

Umm, hey judge, didn't you just sustain the privilege?  Then why disclose your opinion about the hum-drum nature of the contents of the reports?  I mean, how much more is there to disclose?

And then there's footnote three:

For a musical reference to this attitude, see "Suspicious Minds,'' a song sung by Elvis Presley. Recorded at American Sound Studios in Memphis, the song was written by Mark James and reached the #1 position on the U.S. music charts on November 1, 1969. http://oldies.about.coe od/elvispresleyhistog/isuspicious minds.htm (last visited May 2, 2012). The song contains the following lyric: "We can't go on together with suspicious minds, and we can't build our dreams on suspicious minds.'' http://- .elyrics.nevreaie/elvis-presley-lyrics/suspicious-minds-lyrics.html (last visited May 2, 2012).

Yes, the location where it was recorded (Memphis), the particular recording facility (American Sound Studios), the songwriter (Mark James), and the highest chart position and date of same (#1, 11/1/69) are integral to any effective musical reference.

BTW, what did the producer that day -- Chips Moman -- have for lunch?

(Answer -- slow-roasted Memphis BBQ!)