Mullins v. New York Marine & General Insurance Company
Filing
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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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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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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.
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Plaintiff Edward Mullins dba Adams Springs Golf Course, LLC and defendant New
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York Marine and General Insurance Company stipulate and request pursuant to Federal Rule of
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Evidence 502 that the Court enter the proposed order appearing below. This request is made to
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protect against inadvertent
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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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waiver of applicable privileges as authorized by Rule 502, and in particular subsection (d) of
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that rule.
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DATED: Julyl2,2017
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BULLIVANT I-IO USER BAILEY PC
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/s/ Andrew B. Downs
By
Andrew B. Downs
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Attorneys for Defendant New York Marine and
General Insurance Company
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DATED: July 12, 2017
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KASOWITZ BENSON TORRES LLP
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Attorneys for Edward Mullins dba Adams Springs
Golf Course, LLC
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CLAWBACK ORDER PURSUANT TO F.R.E. 502
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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
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pending before the court. The parties having stipulated, and good cause appearing,
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IT IS HEREBY ORDERED, pursuant to Federal Rule of Evidence 502, that
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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,
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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.
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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
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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
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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
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Rule of Evidence 502 or Division 8 (commencing at section 900) of the California Evidence
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Code, counsel shall immediately notify counsel for the holder of the privilege and shall return
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all copies of the document upon request, without waiving the receiving party’s right to seek an
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order from the Court that the document(s) in question are not privileged.
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IT IS SO ORDERED.
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DATED: July 14, 2017
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United States District Judge
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–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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