Economides v. Hireright, LLC

Filing 19

STIPULATED FRE 502(d) and (e) CLAWBACK ORDER signed by Magistrate Judge Barbara A. McAuliffe on 06/06/2024.(Flores, E)

1
2
3
4
5
6
7
8
9
10

DANIEL “SPARKY” ABRAHAM, Bar No. 299193
[e-mail]
JUBILEE LEGAL
300 E. Esplanade Dr., Suite 900
Oxnard, CA 93036
Telephone: [phone]
Fax No.:
[phone]
MICHAEL F. CARDOZA, Bar No. 194065
[e-mail]
LAUREN B. VEGGIAN, Bar No. 309929
[e-mail]
THE CARDOZA LAW CORPORATION
548 Market St., #80594
San Francisco, CA 94104
Telephone: [phone]
Fax:
[phone]
Attorneys for Plaintiff
MICHAEL ECONOMIDES

11
Additional Counsel listed on next page
12
13
14
UNITED STATES DISTRICT COURT
15
EASTERN DISTRICT OF CALIFORNIA
16
17
MICHAEL ECONOMIDES,

Case No. 1:24-cv-00145-JLT-BAM

18
Plaintiff,
19

STIPULATED FRE 502(d) AND (e)
CLAWBACK ORDER

v.
20
HIRERIGHT, LLC and ROES, 1-10,
21
Defendants.
22
23
24
25
26
27
28

LITTLER
MENDELSON, P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4880-3394-8358.1 / 084143-1100

STIPULATED FRE 502(d) AND (e)
CLAWBACK ORDER

Case No. 1:24-cv-00145-JLT-BAM

1
2
3
4

ROD M. FLIEGEL, Bar No. 168289
[e-mail]
LITTLER MENDELSON, P.C.
101 Second Street
Suite 1000
San Francisco, California 94105
Telephone: [phone]
Fax No.:
415.399.8490

5
6
7
8
9
10

RACHEL E. SIMONS, Bar No. 322804
[e-mail]
LITTLER MENDELSON, P.C.
500 Capitol Mall
Suite 2000
Sacramento, California 95814
Telephone: [phone]
Fax No.:
916.561.0828
Attorneys for Defendant
HIRERIGHT, LLC

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4880-3394-8358.1 / 084143-1100

STIPULATED FRE 502(d) AND (e)
CLAWBACK ORDER

2

Case No. 1:24-cv-00145-JLT-BAM

1

WHEREAS, the parties have agreed to stipulate to protect certain privileged and otherwise

2

protected documents, data (including electronically stored information) and other information,

3

including without limitation, metadata (collectively “Documents”), against claims of waiver and

4

inadvertent production if they are produced during this litigation whether pursuant to a Court Order, a

5

parties’ discovery request or informal production.

6

WHEREAS, both parties may have to produce large volumes of Documents. The parties wish

7

to comply with discovery deadlines and complete discovery expeditiously, while preserving and

8

without waiving any evidentiary protections or privileges applicable to the information contained in

9

the Documents produced, including as against third parties in other Federal and State proceedings, and

10

in addition to their agreement, need the additional protections of a Court Order under FRE 502(d) and

11

(e) to do so.

12

WHEREAS, to comply with applicable discovery deadlines, a party may be required to

13

produce certain categories of Documents that have been subject to minimal or no attorney review (the

14

“Disclosures”). This Stipulation and Order is designed to foreclose any arguments that by making

15

such Disclosures, the disclosure or production of Documents subject to a legally recognized claim of

16

privilege, including without limitation the attorney-client privilege, work-product doctrine, or other

17

applicable privilege:

18

(a)

was not inadvertent by the Producing Party;

19

(b)

that the Producing Party did not take reasonable steps to prevent the

20

disclosure of privileged Documents;

21

(c)

22

that the Producing Party did not take reasonable or timely steps to rectify
such Disclosure; and/or

23

(d)

24

that such Disclosure acts as a waiver of applicable privileges or
protections associated with such Documents.

25

WHEREAS, because the purpose of this Stipulation is to protect and preserve privileged

26

Documents, the parties agree they are bound as follows from and after the date their counsel have

27

signed it, even if such execution occurs prior to Court approval.

28

///

LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4880-3394-8358.1 / 084143-1100

STIPULATED FRE 502(d) AND (e)
CLAWBACK ORDER

3

Case No. 1:24-cv-00145-JLT-BAM

1
2
3

Accordingly, the parties hereby STIPULATE, and the Court hereby ORDERS pursuant to
Federal Rules of Evidence 502(d) and (e), as follows:
1.

The disclosure or production of Documents by a Producing Party subject to a legally

4

recognized claim of privilege, including without limitation the attorney-client privilege and the work-

5

product doctrine, to a Receiving Party, shall in no way constitute the voluntary disclosure of such

6

Document.

7

2.

The inadvertent disclosure or production of any Document this action shall not result

8

in the waiver of any privilege, evidentiary protection or other protection associated with such

9

Document as to the Receiving Party or any third parties, and shall not result in any waiver, including

10
11

subject matter waiver, of any kind.
3.

If, during this litigation, a party determines that any Document produced by another

12

party is or may reasonably be subject to a legally recognizable privilege or evidentiary protection

13

(“Protected Document”):

14

(a)

the Receiving Party shall: (i) refrain from reading the Protected Document any

15

more closely than is necessary to ascertain that it is privileged or otherwise

16

protected from disclosure; (ii) immediately notify the Producing Party in

17

writing it has discovered Documents believed to be privileged or protected; (iii)

18

specifically identify the Protected Documents by Bates number range or hash

19

value, and, (iv) within ten (10) days of discovery by the Receiving Party, return,

20

sequester, or destroy all copies of such Protected Documents, along with any

21

notes, abstracts or compilations of the content thereof. To the extent that a

22

Protected Document has been loaded into a litigation review database under the

23

control of the Receiving Party, the Receiving Party shall have all electronic

24

copies of the Protected Document extracted from the database. Where such

25

Protected Documents cannot be destroyed or separated, they shall not be

26

reviewed,

27

Notwithstanding, the Receiving Party is under no obligation to search or review

28
LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

disclosed,

or

otherwise

used

by

the

Receiving

Party.

the Producing Party’s Documents to identify potentially privileged or work
4880-3394-8358.1 / 084143-1100

STIPULATED FRE 502(d) AND (e)
CLAWBACK ORDER

4

Case No. 1:24-cv-00145-JLT-BAM

1

product Protected Documents.

2

(b)

If the Producing Party intends to assert a claim of privilege or other protection

3

over Documents identified by the Receiving Party as Protected Documents, the

4

Producing Party will, within ten (10) days of receiving the Receiving Party’s

5

written notification described above, inform the Receiving Party of such

6

intention in writing and shall provide the Receiving Party with a log for such

7

Protected Documents consistent with the requirements of the Federal Rules of

8

Civil Procedure, setting forth the basis for the claim of privilege or other

9

protection. If any portion of a Protected Document does not contain privileged

10

or protected information, the Producing Party shall also provide to the

11

Receiving Party a redacted copy of the document that omits the information that

12

the Producing Party believes is subject to a claim of privilege or other

13

protection.

14
15

4.

If, during this litigation, a party determines it has produced a Protected Document:
(a)

the Producing Party may notify the Receiving Party of such inadvertent

16

production in writing, and demand the return of such documents. Such notice

17

shall be in writing, however, it may be delivered orally on the record at a

18

deposition, promptly followed up in writing. The Producing Party’s written

19

notice will identify the Protected Document inadvertently produced by bates

20

number range or hash value, the privilege or protection claimed, and the basis

21

for the assertion of the privilege and shall provide the Receiving Party with a

22

log for such Protected Documents consistent with the requirements of the

23

Federal Rules of Civil Procedure, setting forth the basis for the claim of

24

privilege or other protection. If any portion of the Protected Document does

25

not contain privileged or protected information, the Producing Party shall also

26

provide to the Receiving Party a redacted copy of the Document that omits the

27

information that the Producing Party believes is subject to a claim of privilege

28
LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

or other protection.
4880-3394-8358.1 / 084143-1100

STIPULATED FRE 502(d) AND (e)
CLAWBACK ORDER

5

Case No. 1:24-cv-00145-JLT-BAM

1

(b)

The Receiving Party must, within ten (10) days of receiving the Producing

2

Party’s written notification described above, return, sequester, or destroy the

3

Protected Document and any copies, along with any notes, abstracts or

4

compilations of the content thereof. If a Protected Document has been loaded

5

into a litigation review database under the control of the Receiving Party, the

6

Receiving Party shall have all electronic copies of the Protected Document

7

extracted from the database.

8

5.

If the information contained in a Protected Document has already been used in or

9

described in other documents generated or maintained by the Receiving Party prior to the date of receipt

10

of written notice by the Producing Party as set forth in paragraphs 3(b) and 4(a), then the Receiving

11

Party shall sequester such documents until the claim has been resolved. If the Receiving Party disclosed

12

the Protected Document before being notified of its inadvertent production, it must take reasonable

13

steps to retrieve it.

14

6.

The Receiving Party’s return, sequestering or destruction of Protected Documents as

15

provided herein will not act as a waiver of the Requesting Party’s right to move for the production of

16

the returned, sequestered or destroyed documents on the grounds that the documents are not, in fact,

17

subject to a viable claim of privilege or protection. However, the Receiving Party is prohibited and

18

estopped from arguing that:

19

(a)

20

the disclosure or production of the Protected Documents acts as a waiver of an
applicable privilege or evidentiary protection;

21

(b)

the disclosure of the Protected Documents was not inadvertent;

22

(c)

the Producing Party did not take reasonable steps to prevent the disclosure of

23

the Protected Documents; or

24

(d)

25
26

the Producing Party failed to take reasonable or timely steps to rectify the error
pursuant to Federal Rule of Civil Procedure 26(b)(5)(B), or otherwise.

7.

Either party may submit Protected Documents to the Court under seal for a

27

determination of the claim of privilege or other protection. The Producing Party shall preserve the

28

Protected Documents until such claim is resolved. The Receiving Party may not use the Protected

LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4880-3394-8358.1 / 084143-1100

STIPULATED FRE 502(d) AND (e)
CLAWBACK ORDER

6

Case No. 1:24-cv-00145-JLT-BAM

1
2

Documents for any purpose absent this Court’s Order.
8.

Upon a determination by the Court that the Protected Documents are protected by the

3

applicable privilege or evidentiary protection, and if the Protected Documents have been sequestered

4

rather than returned or destroyed by the Receiving Party, the Protected Documents shall be returned or

5

destroyed within 10 (ten) days of the Court’s order. The Court may also order the identification by the

6

Receiving Party of Protected Documents by search terms or other means.

7

9.

Nothing contained herein is intended to, or shall serve to limit a party’s right to conduct

8

a review of documents, data (including electronically stored information) and other information,

9

including without limitation, metadata, for relevance, responsiveness and/or the segregation of

10
11
12
13

privileged and/or protected information before such information is produced to another party.
10.

Once executed by all parties, the Stipulation shall be by treated by the parties as an

Order of Court until it is formally approved by the Court.
11.

By operation of the parties’ agreement and Court Order, the parties are specifically

14

afforded the protections of FRE 502 (d) and (e).

15

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

16

Dated: June 5, 2024

17
18
/s/ Daniel "Sparky" Abraham (as authorized on 6/5/24)
DANIEL “SPARKY” ABRAHAM
JUBILEE LEGAL
Attorneys for Plaintiff
MICHAEL ECONOMIDES

19
20
21
22

Dated: June 5, 2024

23
24

/s/ Lauren B. Veggian (as authorized on 6/4/24)
MICHAEL F. CARDOZA
LAUREN B. VEGGIAN
THE CARDOZA LAW CORPORATION
Attorneys for Plaintiff
MICHAEL ECONOMIDES

25
26
27
28
LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4880-3394-8358.1 / 084143-1100

STIPULATED FRE 502(d) AND (e)
CLAWBACK ORDER

7

Case No. 1:24-cv-00145-JLT-BAM

1

Dated: June 5, 2024

2
3
/s/ Rachel E. Simons
ROD M. FLIEGEL
RACHEL E. SIMONS
LITTLER MENDELSON, P.C.
Attorneys for Defendant
HIRERIGHT, LLC

4
5
6
7
8

ORDER
Having considered the parties’ stipulated FRE 502(d) and (e) Clawback Order, and finding

9
good cause, the Court adopts the stipulated order. (Doc. 17.)
10
11

IT IS SO ORDERED.

12
13

Dated:

/s/ Barbara

June 6, 2024

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4880-3394-8358.1 / 084143-1100

STIPULATED FRE 502(d) AND (e)
CLAWBACK ORDER

8

Case No. 1:24-cv-00145-JLT-BAM