Lucia et al v. Wells Fargo Bank, N.A.

Filing 68

ORDER GRANTING STIPULATION REGARDING NON-WAIVER (66 in 4:10-cv-04749-JSW), (51 in 4:10-cv-05072-JSW). Signed by Judge JEFFREY S. WHITE on 4/9/14. (jjoS, COURT STAFF) (Filed on 4/9/2014)

Case4:10-cv-04749-JSW Document66 Filed04/08/14 Page1 of 6

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Matthew G. Ball (SBN: 208881)
[e-mail]
K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111
Tel.: [phone]
Fax: [phone]
Irene C. Freidel (pro hac vice)
[e-mail]
David D. Christensen (pro hac vice)
[e-mail]
K&L GATES LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02111-2950
Tel.: [phone]
Fax: [phone]
Attorneys for Defendant Wells Fargo Bank, N.A.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PHILLIP R. CORVELLO, On Behalf of Himself Case No. 10-CV-05072-JSW
and All Others Similarly Situated,
The Hon. Jeffrey S. White
Plaintiff,
v.
WELLS FARGO BANK, N.A. d/b/a WELLS
FARGO HOME MORTGAGE d/b/a
AMERICA’S SERVICING COMPANY,

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Defendant.
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KAREN LUCIA and JEFFREY LUCIA, on
Case No. 10-CV-04749-JSW
behalf of themselves and others similarly situated,
The Hon. Jeffrey S. White
Plaintiffs,

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v.
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WELLS FARGO BANK, N.A. d/b/a WELLS
FARGO HOME MORTGAGE and DOES 1
through 10,

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Defendants.
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STIPULATED ORDER REGARDING NON-WAIVER OF PRIVILEGED AND
CONFIDENTIAL MATERIAL
STIPULATED ORDER REGARDING NON-WAIVER

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WHEREAS, the parties hereto have agreed to produce documents deemed discoverable under the

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Federal Rules of Civil Procedure, that are responsive to each other’s discovery requests and not

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privileged or otherwise exempted from discovery under the Federal Rules of Evidence, Federal Rules

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of Civil Procedure, or other applicable law;

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WHEREAS, some of the documents exchanged in this matter may contain attorney-client or

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common interest privileged communications or other information subject to privilege protections

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recognized under federal or state law or the Federal Rules of Evidence and accordingly not subject to

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discovery under the Federal Rules of Civil Procedure or the Federal Rules of Evidence (“Privileged

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Material”);

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WHEREAS, some of the documents exchanged in this matter may contain protected attorney

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work-product material prepared or compiled in anticipation of litigation and accordingly not subject

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to discovery under the Federal Rules of Civil Procedure or the Federal Rules of Evidence (“Work-

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Product Material”);

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WHEREAS, despite each party’s best efforts to conduct an appropriate pre-production review

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of all documents, some Privileged Material and/or Work Product Material (together, “Protected

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Material”) may inadvertently be disclosed to the other party during the course of this litigation;

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WHEREAS, this Stipulated Order is intended to supplement the terms of the parties’
Stipulated Protective Order filed with the Court on April 8, 2014 (“Protective Order”); and

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WHEREAS, the undersigned parties desire to establish a mechanism to avoid waiver of

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privilege or any other applicable protective evidentiary doctrine as a result of the inadvertent

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disclosure of Protected Material;

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IT IS HEREBY STIPULATED BY THE PARTIES AND ORDERED BY THE COURT that
the following terms shall govern the disclosure of Protected Material in this action.
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NON-WAIVER OF PRIVILEGE OR OTHER PROTECTIVE DOCTRINE BY

INADVERTENT DISCLOSURE
1.1.

Pursuant to Fed. R. Evid. 502(d), the inadvertent disclosure of any document that is

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subject to a legitimate claim that the document should have been withheld from disclosure as

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Protected Material shall NOT waive any privilege or other applicable protection for that document or
STIPULATED ORDER REGARDING NON-WAIVER
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for the subject matter of the inadvertently disclosed document if the producing party, upon becoming

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aware of the disclosure, promptly requests its return and had taken reasonable precautions to avoid

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such inadvertent disclosure.

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1.2.

Except in the event that the receiving party disputes the claim, any documents that the

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producing party deems to contain inadvertently disclosed Protected Material shall be, upon written

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request, promptly returned to the producing party or destroyed, at the producing party’s option. This

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includes all copies, electronic or otherwise, of any such documents, including specifically the

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electronic load files of any documents produced electronically; any copies maintained as part of

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another party’s counsel’s electronic document database(s); any copies of such documents that have

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been emailed among another party’s counsel or that counsel’s staff or agents; any copies of such

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documents that have been shared, whether in hard copy or electronically with a party or with any

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third-party; or any electronic or hard copy versions of electronic documents that have been collected

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together as part of another counsel’s work-product relating to this litigation (e.g., witness notebooks).

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In the event that the producing party requests destruction, the receiving party shall provide written

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certification of compliance within thirty (30) days of such written request unless the claim is

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disputed.

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1.3.

In the event that the receiving party disputes the producing party’s claim as to the

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privileged or otherwise protected nature of the inadvertently disclosed material, a single set of copies

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may be sequestered and retained by the receiving party for the sole purpose of seeking court

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determination of the issue pursuant to Federal Rule of Civil Procedure 26(b)(5)(B) and/or Rule 502 of

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the Federal Rules of Evidence.

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1.4.

Any Protected Material inadvertently disclosed by the producing party to the receiving

party pursuant to this Stipulated Order shall be and remain the property of the producing party.
1.5.

To the extent that there may be inconsistency between the stipulations in this

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Stipulated Order and Federal Rule of Civil Procedure 26(b)(5), including Rule 26(b)(5)(B), and Rule

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502 of the Federal Rules of Evidence (the “Rules”), the Rules shall control.

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1.6.

If Protected Material is disclosed through inadvertence or otherwise to any person not

a party to this Stipulated Order, the party causing such disclosure shall inform the person receiving
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the Protected Material that the information is covered by this Stipulated Order, make its best efforts

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to retrieve the Protected Material, and promptly inform the producing party of the disclosure.

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1.7.

This Stipulated Order shall be effective and binding on the parties hereto when signed

regardless of whether or when the court enters its Order thereon.
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Nothing herein shall prevent any party from applying to the Court for a modification

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of this Stipulated Order should the moving party believe the terms herein, as originally agreed upon,

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are hampering its efforts to prepare for trial; or from applying to the Court for further or additional

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protective orders; or from a stipulation between the parties to any modification of this Stipulated

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Order, subject to the approval of the Court.

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1.9.

This Stipulated Order shall survive the final termination of this case regarding any

retained documents or contents thereof.

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STIPULATED ORDER REGARDING NON-WAIVER
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Case4:10-cv-04749-JSW Document66 Filed04/08/14 Page5 of 6

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD
Dated: April 8, 2014

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/s/ Irene C. Freidel
Irene C. Freidel (pro hac vice)
[e-mail]
David D. Christensen (pro hac vice)
[e-mail]
K&L GATES LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02111-2950
Tel.: [phone]
Fax: [phone]
Matthew G. Ball
[e-mail]
K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111
Tel.: [phone]
Fax: [phone]
Attorneys for Defendant Wells Fargo
Bank, N.A.

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/s/ Brian R. Strange (by permission ICF)
Brian R. Strange (SBN 103252)
[e-mail]
Gretchen Carpenter (SBN 180525)
[e-mail]
STRANGE & CARPENTER
12100 Wilshire Blvd., Suite 1900
Los Angeles, CA 90025
Phone: [phone]
Fax: [phone]
Patrick Mark Dunlevy (SBN 162722)
[e-mail]
Public Counsel
610 South Ardmore Avenue
Los Angeles, CA 90005
Phone: [phone]
Fax: [phone]

/s/ Thomas J. O’Reardon (by permission ICF)
Timothy G. Blood (SBN 149343)
[e-mail]
Leslie E. Hurst (SBN 178432)
[e-mail]
Thomas J. O’Reardon, II (SBN 247952)
[e-mail]
BLOOD HURST O’REARDON LLP
701 B Street, Suite 1700
San Diego, CA 92101
Tel.: [phone]
Fax: [phone]
Alisa A. Martin (SBN 224037)
[e-mail]
James R. Patterson (SBN 211102)
[e-mail]
PATTERSON LAW GROUP
402 West Broadway, 29th Floor
San Diego, CA 92101
Tel.: [phone]
Fax: [phone]
Todd D. Carpenter (SBN 234463)
[e-mail]
BONNETT FAIRBOURN FRIEDMAN & BALINT, PC
600 West Broadway, Suite 900
San Diego, CA 92101
Tel.: [phone]
Fax: [phone]
Patricia Nicole Syverson (SBN 203111)
[e-mail]
BONNETT FAIRBOURN FRIEDMAN & BALINT, PC
2325 E. Camelback Road, Suite 300
Phoenix, AZ 85016
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiff Phillip R. Corvello

Attorneys for Plaintiffs Karen and
Jeffrey Lucia

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STIPULATED ORDER REGARDING NON-WAIVER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: April 9, 2014
Hon. Jeffrey S. White

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STIPULATED ORDER REGARDING NON-WAIVER
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