California Parks and Recreation v. Newmont Mining Corporation et al

Filing 30

STIPULATION and ORDER REGARDING FEDERAL RULE OF EVIDENCE 502(D) signed by Judge Lawrence K. Karlton on 10/7/2013 ORDERING that the terms of this Stipulated Order shall apply to all Disclosed Information disclosed during the course of the litigation pending before the Court, including Disclosed Information disclosed prior or subsequent to the entry of this Stipulated Order. Nothing in this Stipulated Order shall waive or limit any protections afforded the parties under Federal Rule of Evidence 502. (Zignago, K.)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
DANIEL L. SIEGEL, State Bar No. 67536
Supervising Deputy Attorney General
RUSSELL B. HILDRETH, State Bar No. 166167
NICOLE U. RINKE, State Bar No. 257510
JESSICA E. TUCKER-MOHL, State Bar No. 262280
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff and Counterdefendant
California Department of Parks and Recreation

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LATHAM & WATKINS LLP
Michael G. Romey (Bar No. 137993)
Monica Klosterman (Bar No. 258480)
355 South Grand Avenue
Los Angeles, CA 90071-1560
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail];
[e-mail]
Attorneys for Defendants and Counterclaimants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CALIFORNIA DEPARTMENT OF
PARKS & RECREATION,

Case No. 2:12-CV-01857-LKK-GGH
Plaintiff,

v.

STIPULATION AND ORDER
REGARDING FEDERAL RULE OF
EVIDENCE 502(D)

NEWMONT MINING CORPORATION;
NEW VERDE MINES; et al.,
Judge: Hon. Lawrence K. Karlton
Defendants. Trial Date: February 3, 2015
Action Filed: July 13, 2012

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NEWMONT MINING CORPORATION;
NEW VERDE MINES, et al.,
Counterclaimants,
v.
CALIFORNIA DEPARTMENT OF
PARKS & RECREATION,

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Counterdefendant.

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Stipulation and [Proposed] Order Regarding Federal Rule of Evidence 502(d) (2:12-CV-01857-LKK-AC)

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The parties to the above-entitled action, met and conferred and stipulated as follows:

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1.

Pursuant to Federal Rule of Evidence 502(d), if in connection with the above-

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captioned litigation, documents or information subject to a claim of attorney-client privilege,

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work product protection, or any other privilege recognized in this Court, are disclosed

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(“Disclosed Information”) by a party (the “Disclosing Party”), the disclosure of such Disclosed

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Information shall not constitute or be deemed a waiver of any claim of privilege or protection that

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the Disclosing Party would otherwise be entitled to assert with respect to the Disclosed

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Information and its subject matter. Any applicable privileges or protections shall only be waived

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on express written approval by the person or entity holding the privilege. The non-waiver of

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claims of privilege and protection shall apply to the litigation pending before the Court as well as

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any other federal or state proceeding.

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2.

If a claim of disclosure is made by the Disclosing Party with respect to Disclosed

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Information, the party that received the Disclosed Information (the “Receiving Party”) shall,

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within five business days of receiving notice of the claim of disclosure, return, delete, or destroy

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the Disclosed Information and delete or destroy the portions of all work product that reflect or are

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derived from such Disclosed Information, including all copies thereof, shall not share such

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Disclosed Information or work product with any person, and shall make no use of any kind of

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such Disclosed Information and work product.

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3.

Upon request by the Disclosing Party, the Receiving Party shall confirm in writing

that it has complied with the procedures described in Paragraph 2 above.
4.

If a Receiving Party knows or should reasonably know that it has received

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Disclosed Information, it shall promptly sequester such Disclosed Information and refrain from

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using both it and the portions of all work product that reflect or are derived from such Disclosed

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Information. The Receiving Party shall promptly notify the Disclosing Party of the existence of

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such Disclosed Information in order to permit the Disclosing Party to take protective measures as

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outlined above. Upon request by the Disclosing Party, the Receiving Party shall comply with the

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procedures described in Paragraphs 2 and 3 above.

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Stipulation and [Proposed] Order Regarding Federal Rule of Evidence 502(d) (2:12-CV-01857-LKK-AC)
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5.

Nothing in this Order shall limit the Receiving Party’s right to challenge (on

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grounds unrelated to the fact or circumstances of the disclosure) the Disclosing Party’s claim that

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Disclosed Information is protected from disclosure by the claimed privilege and/or protection. If,

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after undertaking an appropriate meet-and-confer process, the parties are unable to resolve any

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dispute they have concerning the protection of documents for which a claim of Disclosure has

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been asserted, the Receiving Party may file the appropriate motion or application as provided by

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the Court’s procedures to compel production of such material. Any Disclosed Information

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submitted to the Court in connection with a challenge to the Disclosing Party’s claim of privilege

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and/or protection shall not be filed in the public record, but rather shall be redacted, filed under

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seal, or submitted for in camera review.
6.

The terms of this Stipulated Order shall apply to all Disclosed Information

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disclosed during the course of the litigation pending before the Court, including Disclosed

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Information disclosed prior or subsequent to the entry of this Stipulated Order.

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7.

Nothing in this Stipulated Order shall waive or limit any protections afforded the

parties under Federal Rule of Evidence 502.

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Dated: September 25, 2013

Respectfully Submitted,

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KAMALA D. HARRIS
Attorney General of California
DANIEL L. SIEGEL
Supervising Deputy Attorney General

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/s/ Jessica Tucker-Mohl
JESSICA E. TUCKER-MOHL
Deputy Attorney General
Attorneys for Plaintiff and Counterdefendant
California Department of Parks and Recreation

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Stipulation and [Proposed] Order Regarding Federal Rule of Evidence 502(d) (2:12-CV-01857-LKK-AC)
LA\3306101.1

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Dated: September 25, 2013

LATHAM & WATKINS LLP
Michael G. Romey
Monica Klosterman

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/s/ Monica Klosterman
MONICA KLOSTERMAN
Attorneys for Defendants and
Counterclaimants

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IT IS SO ORDERED.
Date: October 7, 2013.

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Stipulation and [Proposed] Order Regarding Federal Rule of Evidence 502(d) (2:12-CV-01857-LKK-AC)
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