Spirit Master Funding, LLC v. Pike Nurseries Acquisition, LLC

287 F.R.D. 680 (2012)

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Nature of the Case

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Facts

P leased a building to Pike (D). D notified P on June 15, 2011, that the building's roof had collapsed and had been damaged in a snow and ice storm that had occurred six months earlier in January 2011. P alleges that rather than make the necessary repairs to the building, D hatched a plan to use the deteriorated condition of the retail building as a means to escape its ongoing obligations under the lease agreements by lobbying the County to condemn the building in late July and August 2011. Prior to an inspection by the County, P received notification from D that the County would be issuing a condemnation notice for the building. The building was red-tagged as 'unsafe for occupancy' on August 24, 2011. P's counsel sent a letter to D on August 24, 2011, notifying D that it was in breach of its obligation to repair and maintain the building under the lease agreement. D responded by providing notice of its intention to terminate the lease agreement on the grounds that the property had 'suffered a Total Condemnation or Casualty.' P's counsel began researching roofing engineers in late August and hired Ray Ramos of Ramos Engineering to inspect the roof of the building and report his observations. Following Ramos' inspection, P hired Khris Hercules, a structural engineer, to perform a property inspection in connection with his representation of P. Eventually, P sent D a pre-suit notice and demand letter notifying D that the buildings had not been adequately maintained and were in need of repair. Attached were the County's Compliance Inspection Reports detailing the required repairs. P rejected D's notice of termination. P sued D. Dt served its First Request for Production of Documents. P objects to the production of documents by and communications with its non-testifying consulting experts on the basis that such information is subject to the work-product privilege.