SkyRiver Technology Solutions, LLC et al v. OCLC Online Computer Library Center, Inc.

Filing 56

AGREED PROTECTIVE ORDER REGARDING NON-WAIVER OF PRIVILEGE. Signed by Magistrate Judge Terence P Kemp on 3/23/2011. (pes1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION SKYRIVER TECHNOLOGY SOLUTIONS, LLC, et al., Plaintiffs, vs. OCLC ONLINE COMPUTER LIBRARY CENTER, INC., Defendant. : : : : : : : : : : : Case No. 2:10-cv-1017 District Judge: Hon. Michael H. Watson Magistrate Judge: Hon. Terence P. Kemp AGREED PROTECTIVE ORDER REGARDING NON-WAIVER OF PRIVILEGE The parties to the above-captioned action, Plaintiffs SkyRiver Technologies, LLC and Innovative Interfaces, Inc., and Defendant OCLC Online Computer Library Center, Inc., are engaged in the production and exchange of documents, including electronically stored information, in responding to discovery requests. All parties acknowledge that, while each party is making and will continue to make diligent efforts to identify and withhold from production any and all documents protected by the work-product doctrine and/or the attorney-client privilege ("Privileged Document(s)"), given the volume and nature of the material that may be exchanged, a possibility exists that Privileged Documents may be produced inadvertently. Accordingly, pursuant to Fed. R. Evid. 502(d) and with the agreement of the parties, the Court orders as follows: 1. A party who produces any privileged document without intending to waive the claim of privilege associated with such document may, within ten (10) days after the producing party actually discovers that such inadvertent production occurred, amend its discovery response and notify the other party that such document was inadvertently produced and should have been withheld as privileged. -1- 2. Once the producing party provides such notice to the requesting party, the requesting party must (1) promptly return the specified document and any copies thereof; (2) destroy, and certify such destruction to the producing party, any notes or any other documents it created that reflect the contents of the specified document; and (3) refrain from disclosing the substance of such specified document to any third-party, including the Court. In the event of inadvertent disclosure of privileged documents and upon timely notice by the producing party, as provided in paragraph 1, the requesting party shall have the obligation to retrieve any such documents from third parties retained by the requesting party. 3. Such inadvertent disclosure of a privileged document shall not be deemed a waiver with respect to that document or other documents involving similar subject matter. 4. By complying with these obligations, the requesting party does not waive any right to challenge the assertion of privilege and request an order of the court denying such privilege. In the event of a challenge to the claim of privilege, the requesting party may seek to compel production of the document. Dated this 23d day of March, 2011. ENTERED: /s/ Terence P. Kemp MAGISTRATE JUDGE KEMP -2- AGREED: s/ Thomas L. Long per email authorization Thomas L. Long (0023127), Trial Attorney Robert M. Kincaid, Jr. (0017929) Baker & Hostetler LLP Capitol Square, Suite 2100 65 East State Street Columbus, OH 43215-4260 Telephone: (614) 228-1541 Facsimile: (614) 462-2616 E-mail: tlong@bakerlaw.com; rkincaid@bakerlaw.com Arthur J. Shartsis (pro hac) Mary Jo Shartsis (pro hac) Robert E. Schaberg (pro hac) Shartsis Friese LLP One Maritime Plaza, Eighteenth Floor San Francisco, CA 94111 Telephone: (415) 421-6500 Facsimile: (415) 421-2922 E-mail: ashartsis@sfaw.com, mjshartsis@sflaw.com, rschaberg@sflaw.com Counsel for Plaintiffs SkyRiver Technologies LLC and Innovative Interfaces Inc. s/ Jams A. Wilson per email authorization James A. Wilson (0030704), Trial Attorney Douglas R. Matthews (0039431) Martha C. Brewer (0083788) Vorys, Sater, Seymour and Pease LLP 52 East Gay Street, P.O. Box 1008 Columbus, Ohio 43216-1008 Telephone: (614) 464-5606 Facsimile: (614) 719-5039 E-mail:jawilson@vorys.com drmatthews@vorys.com; mcbrewer@vorys.com Counsel for Defendant OCLC Online Computer Library Center, Inc. 5556\009\1709328.3 -3-