Exxonmobil Oil Corporation, a New York Corporation

Filing 68

Stipulation and ORDER re: 67 to Waive Privilege Logs, signed by Magistrate Judge Dennis L. Beck on 10/31/11. (Gonzalez, R)

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BINGHAM MCCUTCHEN LLP
Colleen P. Doyle (SBN 122060)
[e-mail]
Berj K. Parseghian (SBN 200932)
[e-mail]
Jamie O. Kendall (SBN 260231)
[e-mail]
355 South Grand Avenue, Suite 4400
Los Angeles, CA 90071-3106
Telephone: [phone]
Facsimile: 213.680.6499

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Attorneys for Plaintiff
EXXONMOBIL OIL CORPORATION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EXXONMOBIL OIL CORPORATION,

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Plaintiff,
v.

No. 1:09-cv-01498-AWI-DLB
STIPULATION AND ORDER TO
WAIVE PRIVILEGE LOGS

NICOLETTI OIL, INC. et al.,
Defendants.

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Judge: Hon. Anthony W. Ishii
Third Am. Compl. Filed: Oct. 8, 2010
Trial Date: Nov. 14, 2012

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WHEREAS, this case involves an environmental cleanup site that has been the

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subject of agency action and potential litigation for over twenty years;
WHEREAS, as a result, there are a large volume of documents relating to this

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case that are claimed to be privileged;
WHEREAS, the parties recognize and acknowledge that the preparation of

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privilege logs as described in Fed. R. Civ. Pro. 26(b)(5)(A) would be unreasonably burdensome
and expensive;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED that the

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requirements of Fed. R. Civ. Pro. 26(b)(5)(A) are waived, and the parties shall not be required to

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No. 1:09-cv-01498-AWI-DLB

STIPULATION AND [PROPOSED] ORDER TO WAIVE PRIVILEGE LOGS
A/74568029.1

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prepare privilege logs; this waiver does not affect a party’s right to contest the withholding of

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any purportedly privileged document.

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DATED: October 27, 2011

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BINGHAM MCCUTCHEN LLP

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By: /s/ Berj K. Parseghian
Berj K. Parseghian
Attorneys for Plaintiff
ExxonMobil Oil Corporation

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TATRO TEKOSKY SADWICK LLP

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By: /s/ Steven R. Tekosky (as authorized on
October 27, 2011)
Steven R. Tekosky
Attorney for Defendants
Nicoletti Oil, Inc., Dino J. Nicoletti, and John A
Nicoletti

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IT IS SO ORDERED.

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Dated:

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/s/ Dennis

October 31, 2011

L. Beck

UNITED STATES MAGISTRATE JUDGE
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DEAC_Signature-END:

3b142a

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No. 1:09-cv-01498-AWI-DLB

STIPULATION AND [PROPOSED] ORDER TO WAIVE PRIVILEGE LOGS
A/74568029.1