Victor Stanley , Inc. v. Creative Pipe , Inc. , 2008 WL 2221841 ( D. Md. May 29 , 2008 ) In this case , plaintiff sought a ruling that 165 electronic documents produced by defendants were not privileged because their production occurred under circumstances that waived any privilege or protected status . The parties had previously agreed to a joint protocol to search and retrieve relevant ESI responsive to plaintiff 's Rule 34 requests .

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