Mullins v. New York Marine & General Insurance Company

Filing 18

STIPULATION AND ORDER re 17 STIPULATION WITH PROPOSED ORDER PURSUANT TO FRE 502 FOR ENTRY OF A CLAWBACK ORDER filed by New York Marine & General Insurance Company. Signed by Judge Jon S. Tigar on July 14, 2017. (wsn, COURT STAFF) (Filed on 7/14/2017)

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1 2 3 4 5 6 Andrew B. Downs, SBN 111435 E-mail:andy.downs@bullivant.com BULLIVANT HOUSER BAILEY PC 101 Montgomery Street, Suite 2600 San Francisco, CA 94104 Telephone: 415.352.2700 Facsimile: 415.352.2701 Attorneys for Defendant New York Marine and General Insurance Company 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 EDWARD MULLINS dba ADAMS SPRINGS GOLF COURSE, LLC, Plaintiff, vs. Case No.: 3:17-cv-02518-JST STIPULATION PURSUANT TO FRE 502 FOR ENTRY OF A CLAWBACK ORDER AND [PROPOSED] CLAWBACK ORDER NEW YORK MARINE AND GENERAL INSURANCE COMPANY; DOES 1-50, Defendants. 17 18 Plaintiff Edward Mullins dba Adams Springs Golf Course, LLC and defendant New 19 York Marine and General Insurance Company stipulate and request pursuant to Federal Rule of 20 Evidence 502 that the Court enter the proposed order appearing below. This request is made to 21 protect against inadvertent 22 23 24 25 26 27 28 –1– STIPULATION PURSUANT TO FRE 502 FOR ENTRY OF A CLAWBACK ORDER AND [PROPOSED] CLAWBACK ORDER: CASE NO.: 3:17-CV-02518 JST 1 waiver of applicable privileges as authorized by Rule 502, and in particular subsection (d) of 2 that rule. 3 DATED: Julyl2,2017 4 BULLIVANT I-IO USER BAILEY PC 5 6 /s/ Andrew B. Downs By Andrew B. Downs 7 Attorneys for Defendant New York Marine and General Insurance Company 8 9 DATED: July 12, 2017 10 KASOWITZ BENSON TORRES LLP 11 12 13 14 Attorneys for Edward Mullins dba Adams Springs Golf Course, LLC 15 16 CLAWBACK ORDER PURSUANT TO F.R.E. 502 17 18 Federal Rule of Evidence 502(d) authorizes the Court to ender an order providing that any applicable privilege or protection is not waived by disclosure connected with the litigation 19 pending before the court. The parties having stipulated, and good cause appearing, 20 IT IS HEREBY ORDERED, pursuant to Federal Rule of Evidence 502, that 21 22 1. The inadvertent disclosure, in oral or written form, of any information which would otherwise be protected by Federal Rule of Evidence 501, Federal Rule of Evidence 502, 23 24 or Division 8 (commencing at section 900) of the California Evidence Code, shall not operate as a waiver of the applicable privilege or the work-product protection. 25 26 2. Pursuant to Federal Rule of Evidence 502(d), any disclosure protected by this Order also is not a waiver of the applicable privileges or work-product protection in any other 27 28 Federal or State proceeding. -2STIPULATION PURSUANT TO FRE 502 FOR ENTRY or A CLA WBACK ORDER AND [PROPOSED j CLAW BACK ORDER: CASE NO.: 3: 17-CV-02518 JST 1 3. Should counsel for any party receive a document which he or she reasonably believes contains material protected by a privilege under Federal Rule of Evidence 501, Federal 3 Rule of Evidence 502 or Division 8 (commencing at section 900) of the California Evidence 4 Code, counsel shall immediately notify counsel for the holder of the privilege and shall return 5 all copies of the document upon request, without waiving the receiving party’s right to seek an 6 order from the Court that the document(s) in question are not privileged. 7 IT IS SO ORDERED. 8 DATED: July 14, 2017 n J u d ge J o ER 15 S . Ti ga r A H 14 RT 13 4813-2768-1355.3 NO 12 FO 11 R NIA VED APPRO United States District Judge 10 LI UNIT ED 9 S DISTRICT TE C TA RT U O S 2 N F D IS T IC T O R C 16 17 18 19 20 21 22 23 24 25 26 27 28 –3– STIPULATION PURSUANT TO FRE 502 FOR ENTRY OF A CLAWBACK ORDER AND [PROPOSED] CLAWBACK ORDER: CASE NO.: 3:17-CV-02518 JST

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