IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

____________________________________

:

KIMBERLEE WILLIAMS, et al., :

:

Plaintiffs, :

:

v. : Case No. 2:11-cv-1754-JLL-JAD

:

BASF CATALYSTS LLC, et al., :

:

Defendants. :

____________________________________:

______________________________________________________________________________

ORDER FROM SPECIAL MASTER

RE ECF NO. 001 (Case No. 1:17-mc-00015, N.D. Ohio)

TRANSFERRED TO CASE NO. 2:11-CV-1754, D.N.J.

______________________________________________________________________________

THIS MATTER having been opened by the March 20, 2017 application of 

defendant BASF Catalysts LLC (“BASF”) (Thompson Hine, LLP, Kirkland & Ellis LLP and 

Robinson Miller LLC, appearing), filed under Case No. 1:17-mc-00015 in the United States 

District Court for the Northern District of Ohio, Eastern Division and then transferred to this 

court and case number, seeking to enforce a subpoena duces tecum served on Bevan & 

Associates L.P.A. and Thomas W. Bevan, Esq. (collectively, “Bevan”) [ECF No. 1, Case No. 

1:17-mc-00015, N.D. Ohio];

AND, on April 3, 2017, plaintiffs Kimberlee Williams, Nancy Pease, Marilyn L. 

Holley, Donna Ware, Donnette Wengerd, and Rosanne Chernick, each in their capacity as the 

personal representative of a decedent and as representatives of others similarly situated

(“plaintiffs”) (Bevan & Associates L.P.A., Inc., Cohen, Placitella & Roth, P.C., and Fox 

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Rothschild LLP, appearing), having filed their opposition thereto [ECF No. 9, , Case No. 1:17-

mc-00015, N.D. Ohio];

AND, on April 6, 2017, Bevan (Levy Konigsberg, LLP, appearing) having filed 

their response to BASF’s motion to enforce the subpoena duces tecum served on Bevan [ECF 

No. 279];

AND, on April 24, 2017, BASF having filed its consolidated response to the 

opposition to its motion to enforce a subpoena duces tecum served on Bevan [ECF No. 295];

AND, on October 26, 2017, defendants Cahill Gordon & Reindel LLP, Howard 

G. Sloane, and Ira J. Dembrow (Williams & Connolly LLP and Connell Foley LLP, appearing), 

having orally joined in BASF’s application;

AND, oral argument on the foregoing having been heard on October 26, 2017;

AND, the written and oral submissions of the parties having been considered;

AND, for the reasons set forth on the record on October 26, 2017;

AND, for good cause appearing;

IT IS, this 26th day of October, 2017, hereby

1. ORDERED that BASF’s application be, and the same hereby is, 

GRANTED IN PART and DENIED IN PART; and it is hereby

2. FURTHER ORDERED that, in respect of the files of any of the 

representative plaintiffs named in this action maintained by Bevan, Christopher M. Placitella, 

Esq. be, and the same hereby is ORDERED that he shall

(a) review all such files retained by Bevan and cause each page to be 

Bates-numbered;

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(b) segregate the documents contained in those files into two 

categories: non-privileged documents and documents under a claim of privilege;

(c) generate a privilege log listing any document in those files in 

respect of which a privilege is claimed;

(d) by no later than November 2, 2017, electronically transfer to 

Eugene F. Asssaf, P.C. copies of all non-privileged documents in those files and the 

privilege log in respect of each of those files, all in portable document format (.pdf) with 

optical character recognition (OCR);

(e) by no later than November 2, 2017, electronically transfer to the 

special master copies of all documents in those files in respect of which a privilege is 

claimed and the privilege log in respect of each of those files, all in .pdf format (.pdf) 

with OCR; and it is hereby

3. FURTHER ORDERED that, in respect of the files of any putative 

plaintiffs in this action maintained by Bevan, Christopher M. Placitella, Esq. be, and the same 

hereby is, ORDERED that he shall

(a) randomly and arbitrarily select thirty (30) of such files retained by 

Bevan and cause each page in the randomly and arbitrarily selected files to be Batesnumbered;

(b) segregate the documents contained in those files into two 

categories: non-privileged documents and documents under a claim of privilege;

(c) generate a privilege log listing any document in those files in 

respect of which a privilege is claimed;

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(d) by no later than November 27, 2017, electronically transfer to 

Eugene F. Asssaf, P.C. copies of all non-privileged documents in those files and the 

privilege log in respect of each of those files, all in .pdf format with OCR;

(e) by no later than November 27, 2017, electronically transfer to the 

special master copies of all documents in those files in respect of which a privilege is 

claimed and the privilege log in respect of each of those files, all in .pdf format with 

OCR; and it is hereby

4. FURTHER ORDERED that, save and except as otherwise granted by 

this order, BASF’s application be, and the same hereby is, DENIED WITHOUT PREJUDICE.

/s/ Roberto A. Rivera-Soto

Roberto A. Rivera-Soto

Special Master

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