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Parneros v. Barnes & Noble Inc.

GC's Notes Prepared During Internal Investigation Are Protected by Privilege

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OPINION & ORDER   This case was brought by Demos Parneros, the former Chief Executive Officer of Barnes & Noble, Inc. (“Barnes & Noble”), against Barnes & Noble to seek compensation for his firing, including claims of breach of contract and defamation. Barnes & Noble has asserted counterclaims against Parneros as well. Parneros has now filed a motion seeking to compel Barnes & Noble to produce certain documents that it has withheld on the basis of the attorneyclient privilege and the work product doctrine.1 Barnes & Noble opposes this motion. For thefollowing reasons, Parneros’s motion to compel is granted in part and denied in part. I. BACKGROUND A. Facts From November 2016 until July 2, 2018, Parneros worked for Barnes & Noble, a retail bookstore chain, first as its Chief Operating Officer (“COO”) and then as its Chief Executive Officer (“CEO”). See Amended Complaint, filed Oct. 12, 2018 (Docket # 16) (“Am. Compl.”),

1, 7, 12, 22-23. On May 24, 2018, at a time when Parneros was CEO, Barnes & Noble’s Chief Financial Officer, Allen Lindstrom, informed the company’s General Counsel, Bradley A. Feuer, that a female employee who served as an executive assistant (the “Executive Assistant”) had reported to him that Parneros sexually harassed her and made her uncomfortable. See Feuer Decl. 2. Feuer met with the Executive Assistant, and prepared notes documenting his meeting with her. Id.

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