Rose et al v. Stephens Institute

Filing 107

ORDER by Judge Joseph C. Spero re: 91 Motion for Discovery (jcslc3, COURT STAFF) (Filed on 9/5/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT ROSE, et al.,
Plaintiffs,
v.
STEPHENS INSTITUTE,
Defendant.

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United States District Court
Northern District of California

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Case No. 09-cv-05966-PJH (JCS)
ORDER RE MOTION FOR
DETERMINATION OF DEFENDANT’S
WAIVER OF ATTORNEY CLIENT
PRIVILEGE
Re: Dkt. No. 91

Relators Scott Rose, et al. (“Relators”) brought a motion for a determination of Defendant

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Stephens Institute’s (“Defendant’s”) waiver of privilege following multiple disclosures of

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attorney-client privileged and attorney work-product protected documents during production of

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electronically stored information. The matter was heard on September 5, 2014 at 2:00 p.m. Good

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cause appearing, and for the reasons stated on the record, the Court rules as follows:

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With regard to all documents produced by Defendant to Relators by the date of the hearing,
September 5, 2014:
1.

As to any documents that have been identified by Defendant to Relators on or

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before the date of the hearing as protected by the attorney-client privilege or as attorney work-

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product, but inadvertently produced, the Court finds that production of these documents does not

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operate as a waiver of attorney-client privilege or attorney work-product protection pursuant to

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Rule 502(b) of the Federal Rules of Evidence.

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2.

As to any documents that have not been identified by Defendant to Relators on or

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before the date of the hearing as protected by the attorney-client privilege or as attorney work-

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product, but inadvertently produced, the Court finds that any privilege or work-product protection

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has been waived (as agreed to by counsel for Defendants).

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IT IS SO ORDERED.

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Dated: September 5, 2014
______________________________________
JOSEPH C. SPERO
United States Magistrate Judge

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United States District Court
Northern District of California

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