Georgia-Pacific LLC v. OfficeMax Incorporated et al

Filing 121

STIPULATION AND ORDER REGARDING PRODUCTION OF INVOICES AND NON-WAIVER OF PRIVILEGE re 118 STIPULATION WITH PROPOSED ORDER. Signed by Judge William H. Orrick on 09/13/2013. (jmdS, COURT STAFF) (Filed on 9/13/2013)

1
2
3
4
5
6
7

8
9

Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

10
11

HUNTON & WILLIAMS LLP
Belynda Reck (SBN 163561)
Diana Biason (SBN 247274)
550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
HUNTON & WILLIAMS LLP
Jeffrey N. Martin (Admitted Pro Hac Vice)
2200 Pennsylvania Avenue, N.W.
Washington, D.C. 20037
Telephone: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff and Counter-Defendant
GEORGIA-PACIFIC LLC

12

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

13
14

15
16

CASE NO.: 12-02797-WHO
GEORGIA-PACIFIC LLC,
Plaintiff,

17
18
19
20
21

22
23
24

v.

STIPULATION AND ORDER
REGARDING PRODUCTION OF
INVOICES AND NON-WAIVER OF
PRIVILEGE

OFFICEMAX INCORPORATED,
LOUISIANA-PACIFIC
Judge: Hon. William H. Orrick
CORPORATION, AND THE CITY OF
FORT BRAGG,
Complaint Filed: May 31, 2012
Defendants.
Amd. Complaint Filed: June 4, 2012
2nd Amd. Complaint Filed: May 21, 2013
________________________________
AND RELATED COUNTERCLAIMS JURY TRIAL DEMANDED
AND CROSSCLAIMS

25
26
27
28
STIPULATION AND ORDER REGARDING PRODUCTION OF INVOICES
AND NON-WAIVER OF PRIVILEGE
CASE NO. 12-02797 WHO

1

Plaintiff and Counter-Defendant Georgia-Pacific LLC (“Georgia-Pacific”),

2

Defendant and Counter-Plaintiff OfficeMax Incorporated (“OfficeMax”), Defendant

3

and Counter-Plaintiff Louisiana-Pacific Corporation (“Louisiana-Pacific”), and

4

Defendant and Counter-Plaintiff City of Fort Bragg (collectively “the parties”)

5

stipulate and declare as follows:

6

WHEREAS, Georgia-Pacific has made a claim for past and future costs

7

associated with investigation and cleanup of the former lumber mill site in Fort Bragg,

8

California that is the subject of this litigation (the “Lumber Mill Site”);

9

WHEREAS, in the interest of expediting the litigation and to facilitate the

Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

10

mediation process employed by the parties, Georgia-Pacific intends to produce

11

invoices documenting past costs associated with investigation and cleanup of the

12

Lumber Mill Site, even though Georgia-Pacific does not intend to include all of these

13

costs in the claim for which it is seeking reimbursement from the defendants, and later

14

will specifically identify those costs;

15

WHEREAS, Georgia-Pacific has compiled a set of invoices documenting past

16

costs associated with investigation and cleanup of the Lumber Mill Site in PDF and

17

organized by vendor and invoice number;

18

WHEREAS, some of the invoices associated with investigation and cleanup of

19

the Lumber Mill Site are from law firms and consultants and describe work that

20

Georgia-Pacific contends is subject to the attorney-client privilege and/or the work

21

product privilege;

22

WHEREAS, Federal Rule of Evidence 502(d) states that “[a] federal court may

23

order that the [attorney-client] privilege or [work product] protection is not waived by

24

disclosure connected with the litigation pending before the court – in which event the

25

disclosure is also not a waiver in any other federal or state proceeding”;

26
27

2

28

STIPULATION AND ORDER REGARDING PRODUCTION OF INVOICES
AND NON-WAIVER OF PRIVILEGE
CASE NO. 12-02797 WHO

1
2
3

NOW, THEREFORE, the parties through their respective attorneys of record,
stipulate as follows as to the aforementioned production of invoices:
1. The disclosure and production of the cost invoices shall not waive attorney-

4

client privilege or work product privilege in this or any other litigation as to any

5

of the underlying work or communications described in the invoices.

6

2. The production of these invoices shall not waive any privilege or protection in

7

this or any other litigation as to any work or activities described in any of these

8

invoices that are associated with costs that later will not be claimed to be

9

recoverable in this case.

Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

10

3. Nothing in this stipulation shall be deemed to be an admission regarding the

11

privileged status or relevance of any documents that have been produced or

12

sought to be produced in this action.

13

4. These invoices shall be produced on or before September 13, 2013 on CDs, in

14

PDF, organized by vendor and sequentially by invoice number, and the

15

requirements set forth in the Joint Plan Regarding Electronic Production of

16

Hard Copy Documents and Electronically Stored Information (Dkt No. 74)

17

shall not apply to production of these invoices.

18

5. Except as it relates to a party’s obligations regarding documents that it expects

19

are privileged, nothing in this stipulation shall alter a party’s obligations under

20

Fed. R. Civ. P. 26(a)(1)(A) and (e)(1).

21

6. Should Georgia-Pacific claim that any document produced pursuant to this

22

agreement is privileged, Georgia-Pacific waives the right to claim that a party,

23

their law firm or any expert or consultant that has reviewed the document shall

24

be recused or that any sanction shall apply as a result of the direct or indirect

25

knowledge of the contents of the document.

26
27
28

3
STIPULATION AND ORDER REGARDING PRODUCTION OF INVOICES
AND NON-WAIVER OF PRIVILEGE
CASE NO. 12-02797 WHO

1

DATED: September __, 2013

2

HUNTON & WILLIAMS LLP
By: /s/ Belynda Reck
Belynda Reck
Attorney for Plaintiff and CounterDefendant
GEORGIA-PACIFIC LLC

3
4
5
6

DATED: September __, 2013

7

LEWIS BRISBOIS BISGAARD & SMITH LLP
By: /s/ R. Gaylord Smith
R. Gaylord Smith
Attorney for Defendant, CounterPlaintiff
OFFICEMAX INCORPORATED

8
9

Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

10
11

DATED: September __, 2013

12

BASSI EDLIN HUIE & BLUM LLP
By: /s/ Noel Edlin
Noel Edlin
Attorney for Defendant and CounterPlaintiff
THE CITY OF FORT BRAGG

13
14
15
16

DATED: September __, 2013

17

BRADLEY ARANT BOULT CUMMINGS LLP
By: /s/ Tara Sky Woodward
Tara Sky Woodward
Attorney for Defendant and CounterPlaintiff
LOUISIANA-PACIFIC CORPORATION

18
19
20
21

22
23

** Filer attests that concurrence in the filing of this document has been obtained from
R. Gaylord Smith, Tara Sky Woodward, and Noel Edlin.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

24
25
26

DATED: September 13, 2013
Hon. William H. Orrick
United States District Judge

27
28

4
STIPULATION AND ORDER REGARDING PRODUCTION OF INVOICES
AND NON-WAIVER OF PRIVILEGE
CASE NO. 12-02797 WHO