Reviewing the Sporck line of cases (as ‘limited’ by San Juan Hotel Fire Litigation) and developed further, particularly in the District of Columbia District, Magistrate Facciola confirms that an attorney-created index is actually a “hybrid … it was ‘factual in nature but opinionative in structure’ because it organized factual information in a way that might reveal the attorney’s opinions about the case.” Ultimately, however, the sheer volume of documents catalogued may lead the court to deem the index fact-based work product only, where its size makes it virtually impossible to glean any litigation strategy. See Disability Rights Council v. Washington Metro Transit, 242 F.R.D. 139 (D.D.C. 2007).
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