Plaintiff was the Chapter 7 Trustee, who had filed a Motion that the Attorney-Client Privilege had been waived as to certain documents and information. This opinion addressed one of the Defendants’, Richard W. Wolfe and SAS-Moran Lake Holding Company, LLC (“the Wolfe parties”), responses. In their response, the Wolfe parties purported to have the ability to intervene in the underlying discovery dispute. The Court held that such an intervention would be inappropriate because it violated the Federal Rule of Bankruptcy Procedure 7024(c) and it was not ripe for review. The proposed intervention simply did not comport with the procedural rule, and because such an intervention was wholly contingent on an event which had not yet occurred, it was not ripe. The Court ordered that the Wolfe parties may not intervene in the pending discovery dispute between the Chapter 7 Trustee and one of the other Defendants, Roswell Holdings, LLC.
File:
Date:
05/21/2013