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Motion for production of settlement communications partially granted to prove the existence of a disputed settlement.
The moving defendants brought a motion for production of documents relating to two alleged settlements: one between the plaintiff and a co-defendant, and another comprehensive settlement allegedly reached among all parties.
The court dismissed the request for communications between the plaintiff and the co-defendant, as both parties denied reaching a settlement and the communications were protected by settlement privilege.
However, the court granted production of communications purportedly made in furtherance of the alleged comprehensive settlement, applying the exception to settlement privilege that allows disclosure to prove the existence of a disputed settlement.
