In Re Recticel Foam Corporation

859 F.2d 1000 (1st Cir. 1988)

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Nature of the Case

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Facts

On New Year's Eve, a fire at San Juan Dupont Plaza Hotel resulted in ninety-six deaths, numerous personal injuries, and extensive property damage. About two thousand persons sued. D is one of two hundred defendants in this massive multi-district litigation. To gain control of pretrial discovery an elaborate case management order (CMO); appointment of liaison counsel for plaintiffs and defendants, respectively; establishment of a document depository; and formation of a joint discovery committee (JDC). The JDC was to promote quick discussion and resolution of discovery disputes and to explore novel methods of discovery that would ensure expeditious progress of the litigation. A co-defendant moved to compel production of various videotapes and photographs. The holder claimed a work product immunity. The JDC and the Hotel worked out an agreement; the asserted immunity was waived in exchange for reimbursement of one-half the cost of generating the film. The district court ratified the agreement, ordering all served defendants to share in the expense. D objected. It unsuccessfully sought reconsideration of the cost-sharing order and appealed the ensuing denial. D also sought mandamus.