Jul. 20 at 9:26 PM
$CVNA litigation update…The Special Master re‑reviewed the eight documents Carvana challenged,reaffirmed his original rulings on seven & changed one finding privileged after considering new context. The most serious issue he flagged was Carvana’s conduct on Exhibits 7 and 8… Carvana added brand‑new redactions and expanded earlier redactions that were never in the versions originally submitted to the Judge for in‑camera review. This means the judge/court would have been asked to evaluate a different document than the Special Master saw. The Special Master said this was not inadvertent/accidental & called the behavior troubling. He then declared all newly added or expanded redactions waived, and declared the Court may want to inquire into why Carvana altered documents mid‑objection after already producing less‑redacted versions to plaintiffs. https://storage.courtlistener.com/recap/gov.uscourts.azd.1319766/gov.uscourts.azd.1319766.567.0.pdf
