No. 09-35085.

604 F.3d 1095 (2010)

Rolando HERNANDEZ, Plaintiff-Appellant, v. Mark TANNINEN; City of Vancouver, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn December 11, 2009.

Resubmitted May 12, 2010.

Filed May 12, 2010.

Attorney(s) appearing for the Case

Philip A. Talmadge and Sidney C. Tribe, Talmadge/Fitzpatrick PLLC, Tukwila, WA, and Thomas S. Boothe, Portland, OR, for the plaintiff-appellant.

Daniel G. Lloyd, City Attorney's Office, Vancouver, WA, and Barran Liebman LLP, Portland, OR, for the defendants-appellees.

Before: RONALD M. GOULD and RICHARD C. TALLMAN, Circuit Judges, and ROGER T. BENITEZ, District Judge.

BENITEZ, District Judge:

Rolando Hernandez appeals the district court's decision finding that any attorney-client or work product privilege between Hernandez and his prior attorney, Gregory Ferguson, was waived and ordering the production of all thirty-five documents referenced in a privilege log.


Hernandez filed suit against the City of Vancouver and Mark Tanninen in 2004, asserting claims for race and...


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