“PolyMet continues to oppose disclosure of relevant information regarding an equitable defense it interjected into this litigation,” the tribe argued. “PolyMet’s objections should be overruled because, despite having multiple opportunities, PolyMet failed to establish attorney-client privilege claims to over 400 documents.”
PolyMet objected on May 13 to U.S. Magistrate Judge Leo Brisbois’ April 29 order instructing it to produce hundreds of documents that it had previously withheld in the Fond du Lac Band’s suit seeking to undo the land swap with Northshore Mining for copper and nickel mining. The order was paused earlier in May by the Ninth Circuit.
“When PolyMet objected to producing more than the transactional documents related to the Northshore land transfer, the Band moved to compel,” PolyMet said in its May 13 brief. “Judge Brisbois ruled for the Band, ordering PolyMet to produce documents in 30 days.”
The company asserts that it complied with the order, producing hundreds of documents and a privilege log, although it objected to some of the judge’s reasoning.
