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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 18 CHRISTOPHER WARD and LINDA QUINTEROS, on behalf of themselves and others similarly situated, 19 20 21 22 23 24 25 26 27 28 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 1 Plaintiffs CHRISTOPHER WARD and LINDA QUINTEROS (“Plaintiffs”) on behalf of 2 themselves and all other similarly situated employees of Defendant GOLDEN STATE FC, LLC 3 (“Defendant”) (collectively, “the Parties”), and Defendant, by and through their respective 4 undersigned counsel of record, in order to allow the Parties to respond to discovery expeditiously 5 while limiting discovery costs, hereby stipulate for an order pursuant to Federal Rule of Evidence 6 502(d) that states: 7 Pursuant to Federal Rule of Evidence 502(d), neither the attorney-client privilege nor the 8 work product protection is waived by disclosure of such information in this litigation. The 9 production of privileged or work product protected documents, whether in electronically stored 10 information or other materials, is not a waiver of the privilege or protection in this case or in any 11 other federal or state proceeding. If any privileged or work product protected documents are 12 produced, the party receiving produced documents (“Receiving Party”) shall, at the request of the 13 party producing those documents (“Producing Party”), promptly return such documents (and all 14 copies thereof), including all later created excerpts, summaries, compilations, and other documents 15 or records that include, communicate, or reveal the information claimed to be privileged or 16 protected. A Receiving Party who receives a document that it knows or reasonably should know 17 is privileged shall notify the Producing Party within 3 business days of discovery of the 18 document. 19 Nothing in this Order overrides any attorney’s ethical responsibilities to refrain from 20 examining or disclosing materials that the attorney knows or reasonably should know to be 21 privileged and to inform the Producing Party that such materials have been produced. 22 Nothing in this Order is intended to or shall serve to limit a party’s right to conduct a 23 review of documents, ESI or information (including metadata) for relevance, responsiveness 24 and/or segregation of privileged and/or protected information before production. 25 26 27 28 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). 1 2 3 4 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. 5 6 By _/s/ Alvin B. Lindsay_______________ David Yeremian Alvin B. Lindsay Attorneys for Plaintiffs CHRISTOPHER WARD and LINDA QUINTEROS and the putative class 7 8 9 10 DATED: March 7, 2018 11 MORGAN, LEWIS & BOCKIUS, LLP 12 By /s/ Joel M. Purles Barbara J. Miller Roberta H. Kuehne Joel M. Purles Attorneys for Defendant GOLDEN STATE FC, LLC 13 14 15 16 17 I attest that Alvin B. Lindsay has concurred in the filing of this document. 18 19 Dated: March 7, 2018 /s/ Joel M. Purles Joel M. Purles 20 21 PURSUANT TO STIPULATION, 22 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: March 8, 2018 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE

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