Ward et al v. Amazon et al

Filing 23

ORDER on Stipulated Federal Rule of Evidence 502(d), signed by Magistrate Judge Michael J. Seng on 3/8/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER WARD and LINDA
QUINTEROS, on behalf of themselves and
others similarly situated,

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Case No.: 1:17-cv-01300-DAD-MJS
CLASS ACTION

Plaintiffs,
STIPULATED FEDERAL RULE OF
EVIDENCE 502(d) ORDER

vs.
GOLDEN STATE FC, LLC, a Delaware
limited liability company; and DOES 1
through 50, inclusive,
Defendants.

Complaint Filed: August 1, 2017
Removed: September 28, 2017
First Amended Complaint: January 19, 2018

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Plaintiffs CHRISTOPHER WARD and LINDA QUINTEROS (“Plaintiffs”) on behalf of

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themselves and all other similarly situated employees of Defendant GOLDEN STATE FC, LLC

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(“Defendant”) (collectively, “the Parties”), and Defendant, by and through their respective

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undersigned counsel of record, in order to allow the Parties to respond to discovery expeditiously

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while limiting discovery costs, hereby stipulate for an order pursuant to Federal Rule of Evidence

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502(d) that states:

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Pursuant to Federal Rule of Evidence 502(d), neither the attorney-client privilege nor the

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work product protection is waived by disclosure of such information in this litigation. The

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production of privileged or work product protected documents, whether in electronically stored

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information or other materials, is not a waiver of the privilege or protection in this case or in any

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other federal or state proceeding. If any privileged or work product protected documents are

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produced, the party receiving produced documents (“Receiving Party”) shall, at the request of the

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party producing those documents (“Producing Party”), promptly return such documents (and all

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copies thereof), including all later created excerpts, summaries, compilations, and other documents

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or records that include, communicate, or reveal the information claimed to be privileged or

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protected. A Receiving Party who receives a document that it knows or reasonably should know

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is privileged shall notify the Producing Party within 3 business days of discovery of the

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document.

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Nothing in this Order overrides any attorney’s ethical responsibilities to refrain from

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examining or disclosing materials that the attorney knows or reasonably should know to be

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privileged and to inform the Producing Party that such materials have been produced.

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Nothing in this Order is intended to or shall serve to limit a party’s right to conduct a

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review of documents, ESI or information (including metadata) for relevance, responsiveness

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and/or segregation of privileged and/or protected information before production.

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The provisions of Federal Rule of Evidence 502(b)(2) are inapplicable to the production of
protected information under this Order.
This Order shall be interpreted to provide the maximum protection allowed by Federal
Rule of Evidence 502(d).

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The obligations imposed by this Rule 502(d) Order shall survive the termination of this
action.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: March 7, 2018

DAVID YEREMIAN & ASSOCIATES, INC.

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By _/s/ Alvin B. Lindsay_______________
David Yeremian
Alvin B. Lindsay
Attorneys for Plaintiffs
CHRISTOPHER WARD and
LINDA QUINTEROS and the putative class

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DATED: March 7, 2018
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MORGAN, LEWIS & BOCKIUS, LLP

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By /s/ Joel M. Purles
Barbara J. Miller
Roberta H. Kuehne
Joel M. Purles
Attorneys for Defendant GOLDEN STATE FC, LLC

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I attest that Alvin B. Lindsay has concurred in the filing of this document.

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Dated: March 7, 2018

/s/ Joel M. Purles
Joel M. Purles

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PURSUANT TO STIPULATION,

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IT IS SO ORDERED.

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Dated:

March 8, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE