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. 372

______________________________________________________________________________

THIS MATTER having been opened by the November 13, 2017 application of 

defendant BASF Catalysts LLC (“BASF”) (Kirkland & Ellis LLP and Robinson Miller LLC, 

appearing) seeking various forms of discovery relief;

AND, on November 13, 2017, defendants Cahill Gordon & Reindel LLP, Howard 

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

having joined in BASF’s application and having sought additional relief [ECF No. 373];

AND, on November 17, 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”) (Cohen, Placitella & Roth, P.C., appearing), having filed their opposition 

to BASF’s application [ECF No. 374];

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AND, on November 20, 2017, BASF having filed its consolidated reply to the 

opposition to its application [ECF No. 375];

AND, on November 29, 2017, plaintiffs having filed a supplemental letter with 

certifications attesting to the efforts expended in responding to the requests for production of 

documents to date [ECF No. 379];

AND, on November 29, 2017, Bevan and Early (Levy Konigsberg, LLP, 

appearing), having filed their opposition to BASF’s application, seeking costs and counsel fees 

associated with future compliance [ECF No. 380];

AND, oral argument on the foregoing having been heard on November 30, 

2017;

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

AND, for the reasons set forth on the record on November 30, 2017, an order 

was entered on November 30, 2017 memorializing the determinations reached during the oral 

argument;

AND, counsel for BASF, counsel for plaintiffs, and counsel for Bevan and 

Early having proposed and consented to a modification of paragraph 8 of the November 30, 2017 

order;

AND, for good cause appearing;

IT IS, this 6th day of December, 2017, hereby

1. ORDERED that paragraph 8 of the November 30, 2017 order be, and the 

same hereby is, AMENDED to read as follows:

8. FURTHER ORDERED that the request for an 

order commanding the production of e-mails in the files of the 

representative plaintiffs named in this action maintained by Bevan 

or Early be, and the same hereby is, GRANTED under the 

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following terms and conditions: Bevan and Early shall (i) review 

their respective physical and electronic files of the named 

representative plaintiffs, as well as Bevan’s and Early’s physical 

and electronic files, to determine whether e-mails exist; (ii) review 

all such files and cause each page to be Bates-numbered; (iii)

segregate the documents contained in those files into two 

categories: non-privileged documents, and documents under a 

claim of privilege; (iv) generate a privilege log listing any 

document in those files in respect of which a privilege is claimed;

(v) immediately transfer to BASF copies of all documents in those 

files in respect of which no privilege is being claimed; and (vi) 

immediately 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

2. FURTHER ORDERED that, save and except as modified by paragraph 

1, above, the provisions of the November 30, 2917 order remain unchanged.

/s/ Roberto A. Rivera-Soto

Roberto A. Rivera-Soto

Special Master

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