United States of America v. Sweeney et al
Filing
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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: (415) 744-6566 / Fax: (415) 744-6476
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: (916) 554-2780
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: (415) 402-2700 / Fax: (415) 398-5630
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;
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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;
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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
2:17-cv-00112-KJM-KJN
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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
2:17-cv-00112-KJM-KJN
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