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Bund v. Safeguard Properties LLC

United States District Court, W.D. Washington, Seattle

May 11, 2018

JOHN R. BUND II, personally, as Executor of the Estate of Richard C. Bund, deceased, S. SCOTT JAMES and NOEL L. JAMES, a married couple, and on behalf of others similarly situated, Plaintiffs,
v.
SAFEGUARD PROPERTIES, LLC, a Delaware corporation, Defendant.

          NOTED FOR MOTION: MAY 8, 2018

          JEFFERS, DANIELSON, SONN & AYLWARD, P.S., Clay M. Gatens, WSBA No. 34102 Sally F. White, WSBA No. 49457 Devon A. Gray, WSBA No. 51485 Of Attorneys for Plaintiffs Jeffers, Danielson, Sonn & Aylward, P.S.

          DAUDT LAW PLLC Michael D. Daudt, WSBA No. 25690 Associated Counsel for Plaintiff Daudt Law PLLC

          TERRELL MARSHALL LAW GROUP PLLC Beth E. Terrell, WSBA No. 26759 Blythe H. Chandler, WSBA No. 43387 Of Attorneys for Plaintiff John R. Bund, II Terrell Marshall Law Group PLLC

          LEE SMART, P.S., INC. Pamela J. DeVet, WSBA No. 32882 Kellan W. Byrne, WSBA No. 49825 Of Attorneys for Defendant Safeguard Properties Management, LLC Lee Smart, P.S., Inc.

          KIRKLAND & ELLIS LLP Leonid Feller, Illinois Bar Number 6274905 Admitted pro hac vice Of Attorneys for Defendant Safeguard Properties Management, LLC Kirkland & Ellis LLP

          STIPULATED MOTION FOR A RULE 502(d) ORDER (CLERK'S ACTION REQUIRED.)

          The Honorable Marsha J. Pechman, United States Senior District Court Judge

         The purpose of this stipulated proposed order is to expedite the flow of discovery material, facilitate the prompt resolution of disputes over privilege, and protect material to be kept confidential or privileged, pursuant to the Court's inherent authority, its authority under Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and the judicial opinions interpreting such Rules.

         This stipulated proposed order is entered into pursuant to Rule 502(d) of the Federal Rules of Evidence. If a Producing Party discloses information in connection with the pending litigation that the Producing Party thereafter claims to be privileged or protected by the attorney-client privilege or attorney work product protection (“Disclosed Protected Information”), the disclosure of the Disclosed Protected Information shall not constitute or be deemed a waiver or forfeiture of any claim of privilege or work product protection that the Producing Party would otherwise be entitled to assert with respect to the Disclosed Protected Information and its subject matter in this proceeding or in any other federal or state proceeding.

         A Producing Party may assert in writing attorney-client privilege or work product protection with respect to Disclosed Protected Information. The Receiving Party must-unless it contests the claim of attorney-client privilege or work product protection-within five business days of receipt of that writing, (i) return or destroy all copies of the Disclosed Protected Information, and (ii) provide a certification of counsel that all of the Disclosed Protected Information has been returned or destroyed. Within five business days of receipt of the notification that the Disclosed Protected Information has been returned or destroyed, the Producing Party must produce a privilege log with respect to the Disclosed Protected Information.

         If the Receiving Party contests the claim of attorney-client privilege or work product protection, the Receiving Party must-within five business days of receipt of the claim of privilege or protection-provide the Producing Party a draft Local Civil Rule 37(a)(2) submission requesting disclosure of the Disclosed Protected Information (a “Disclosure Motion”). The Receiving Party must seek to file the Disclosure Motion under seal and must not assert as a ground for compelling disclosure the fact or circumstances of the disclosure, and may not disclose, rely on or refer to any of the Disclosed Protected Information. Pending resolution of the Disclosure Motion, the Receiving Party must sequester the Disclosed Protected Information and not use the Disclosed Protected Information or disclose it to any person other than as required by law.

         Disclosed Protected Information that is sought to be reclaimed by the parties to this case pursuant to this stipulated proposed order shall not be used as grounds by any third party to argue that any waiver of privilege or protection has occurred by virtue of any production in this case.

         The Producing Party retains the burden of establishing the privileged or protected nature of the Disclosed Protected Information. Nothing in this paragraph shall limit the right of any party to petition the Court for an in camera review of the Disclosed Protected Information.

         Nothing in this stipulated proposed order shall relieve counsel for any Receiving Party of any existing duty or obligation, whether established by case law, rule of court, regulation or other source, to return, and not to review, any privileged or work product materials without being requested by the Producing Party to do so. Rather, in the event a Receiving Party becomes aware that it is in possession of what appears to be privileged documents or materials, then counsel for the Receiving Party shall immediately: (i) cease any further review or use of that document or material and (ii) notify the Producing Party of the apparent production of Disclosed Protected Information, requesting whether the documents or materials are Disclosed Protected Information. In the event the Producing Party confirms the documents or material are Disclosed Protected Information, the Receiving Party shall ...


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