United States of America v. Sweeney et al

Filing 21

STIPULATION and ORDER re PRIVILEGE AND WORK PRODUCT LOGS signed by District Judge Kimberly J. Mueller on 6/30/17. (Kaminski, H)

1 JEFFREY H. WOOD
Acting Assistant Attorney General
2 ROCHELLE L. RUSSELL (CA No. 244992)
United States Department of Justice
3 Environmental and Natural Resources Division
Environmental Defense Section
4 301 Howard Street, Suite 1050
San Francisco, CA 94105
5 Tel: [phone] / Fax: [phone]
6 PHILLIP A. TALBERT
United States Attorney
7 GREGORY T. BRODERICK
Assistant United States Attorney
8 501 I Street, Suite 10-100
9 Sacramento, CA 95814
Tel: [phone]
10 Attorneys for Plaintiff United States of America
11 LAWRENCE S. BAZEL (CA No. 114641)
MAX ROLLENS (CA No. 308984)
12 BRISCOE IVESTER & BAZEL LLP
13 155 Sansome Street, Seventh Floor
San Francisco, CA 94104
14 Tel: [phone] / Fax: [phone]
15 Attorneys for Defendants John Donnelly Sweeney and
Point Buckler Club, LLC
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,
v.
JOHN DONNELLY SWEENEY and
POINT BUCKLER CLUB, LLC

2:17-cv-00112-KJM-KJN
STIPULATION RE: PRIVILEGE AND
WORK PRODUCT LOGS
ORDER

Defendants.

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Stipulation re: Privilege and Work Product Logs; Order

2:17-cv-00112-KJM-KJN

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Pursuant to the Parties’ Joint Status Report and Discovery Plan, ECF No. 12, and the

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Court’s direction at the June 8, 2017 status conference, ECF No. 14, the Parties submit the

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following stipulation and proposed Order regarding the logging of privileged and work product

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materials in this case.

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A.

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PRIVILEGE OR WORK PRODUCT LOGS GENERALLY
The parties agree that Fed. R. Civ. P. 26(b)(5)(A), insofar as it sets forth obligations to

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provide a log of privileged or work product materials, presumptively should not apply to the

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following communications:

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i.

internal communications within and/or among (a) Briscoe, Ivester & Bazel LLP,

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or (b) governmental law offices (e.g., the U.S. Department of Justice, the U.S. Environmental

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Protection Agency (“EPA”) offices of general and regional counsel, and the U.S. Army Corps of

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Engineers (“Corps”) offices of headquarters and district counsel).

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ii.

communications after October 21, 2015, exclusively between EPA employees and

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counsel from the EPA or the U.S. Department of Justice previously or currently responsible for

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or overseeing the case (but not including non-attorney staff-to-staff communications);

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iii.

communications after October 21, 2015, exclusively between Corps employees

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and counsel from the Corps or the U.S Department of Justice previously or currently responsible

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for or overseeing the case (but not including non-attorney staff-to-staff communications);

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iv.

communications after October 21, 2015, exclusively between EPA and Corps

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employees and counsel from the EPA, the Corps, or the U.S. Department of Justice previously or

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currently responsible for or overseeing the case (but not including non-attorney staff-to-staff

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communications);

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v.

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communications exclusively between employees or counsel from the EPA, the

Corps, or the U.S. Department of Justice and any confidential litigation consultant;
vi.

communications exclusively between John Donnelly Sweeney or Point Buckler

Club, LLC, and any attorney representing them with respect to the subject matter of this litigation;
vii.

communications between John Donnelly Sweeney or Point Buckler Club, LLC, and

any confidential litigation consultant retained with respect to the subject matter of this litigation;

Stipulation re: Privilege and Work Product Logs; Order

2:17-cv-00112-KJM-KJN
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viii.

any confidential litigation consultant;

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communications between any attorney representing any party on this matter and

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materials created on or after October 21, 2015 in anticipation of this litigation or

for purposes of litigation, by attorneys or by confidential litigation consultants; and

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x.

communications between trial counsel and consultants employed by counsel but

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excluding communications described in Fed. R. Civ. P. 26(b)(4)(C)(i)-(iii).

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B.

PRIVILEGE OR WORK PRODUCT LOGS FOR EMBEDDED EMAIL

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For purposes of a privilege or work product log, an e-mail may be treated as a single

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document regardless of the number of embedded emails contained within the message body.

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The privilege log for an e-mail withheld under a claim of privilege, to the extent any is required,

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shall identify the author, recipient(s), subject, dates and times based on the top-level message,

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and shall not include data from any e-mail embedded in the message body. However, if an e-

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mail contains both privileged and non-privileged communications, the non-privileged

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communications must be produced. This requirement should be satisfied by producing the

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original of the embedded, non-privileged e-mail or it may be satisfied by producing a redacted

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version of the privileged e-mail.

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C.

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STIPULATION TREATED AS BINDING
The Parties agree to treat the foregoing stipulation as controlling pending the Court’s

consideration of it.

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Respectfully submitted,

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JEFFREY H. WOOD
Acting Assistant Attorney General
Environment and Natural Resources Division

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Dated: June 22, 2017

/s/ Rochelle L. Russell
ROCHELLE L. RUSSELL, Trial Attorney
U.S. Department of Justice
Attorneys for Plaintiff

Dated: June 22, 2017

/s/ Lawrence S. Bazel
LAWRENCE S. BAZEL
Attorney for Defendants

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Stipulation re: Privilege and Work Product Logs; Order

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ORDER
In accordance with the foregoing stipulation and good cause appearing, IT IS SO

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ORDERED.

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DATED: June 30, 2017.

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UNITED STATES DISTRICT JUDGE

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Stipulation re: Privilege and Work Product Logs; Order

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