Stitt et al v. Citibank, N.A. et al

Filing 88

STIPULATED F.R.E. 502(d) ORDER. Signed by Judge Joseph C. Spero on 10/17/14. (klhS, COURT STAFF) (Filed on 10/17/2014)

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MAYER BROWN LLP
JOHN NADOLENCO (SBN 181128)
[e-mail]
STEVEN E. RICH (SBN 198412)
[e-mail]
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITIBANK, N.A. AND CITIMORTGAGE,
INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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GLORIA STITT, RONALD STITT, MARK
ZIRLOTT, and TERRI LOUISE ZIRLOTT,
individually, and on behalf of other members of
the general public similarly situated,

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Plaintiffs,

Case No. 4:12-cv-3892-YGR

[PROPOSED] STIPULATED F.R.E.
502(d) ORDER

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v.
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CITIBANK, N.A., a national association, and
CITIMORTGAGE, INC., a New York
corporation,

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Defendants.
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[PROPOSED] STIPULATED F.R.E. RULE 502(d) ORDER. CASE NO. 4:12-CV-3892-YGR

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STIPULATED F.R.E. RULE 502(d) ORDER
1.

This Order is entered pursuant to Rule 502(d) of the Federal Rules of Evidence

and hereby amends, as necessary, the Protective Order entered by this Court on August 20, 2013
(Doc. 27). Subject to the provisions of this Order, if a party (the “Disclosing Party”) discloses

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information in connection with the pending litigation that the Disclosing Party thereafter claims

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to be privileged or protected by the attorney-client privilege or work product protection

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(“Protected Information”), the disclosure of that Protected Information will not constitute or be

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deemed a waiver or forfeiture—in this or any other action—of any claim of privilege or work

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product protection that the Disclosing Party would otherwise be entitled to assert with respect to

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the Protected Information and its subject matter.

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2.

A Disclosing Party may notify the party receiving the Protected Information (the

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“Receiving Party”) at any time in writing that it has disclosed that Protected Information without

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intending a waiver by the disclosure. Upon such notification, the Receiving Party must—unless

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it contests the claim of attorney-client privilege or work produce protection in accordance with

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paragraph 3—promptly: (i) notify the Disclosing Party that it will make best efforts to identify

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and return, sequester or destroy (or in the case of electronically stored information, delete) the
Protected Information and any reasonably accessible copies it has, and (ii) provide a certification

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that it will cease further review, dissemination, and use of the Protected Information.
3.

If the Receiving Party contests the claim of attorney-client privilege or work

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product protection, the Receiving Party must—within five business days of receipt of the notice

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of disclosure—move the Court for an order compelling disclosure of the information claimed as

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unprotected (a “Disclosure Motion”). The Disclosure Motion must be filed under seal and must

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not assert as a ground for compelling disclosure the fact or circumstances of the disclosure.

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Pending resolution of the Disclosure Motion, the Receiving Party must not use the challenged
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information in any way or disclose it to any person other than those required by law to be served

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with a copy of the sealed Disclosure Motion.

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4.

The parties may stipulate to extend the time periods contained herein.

5.

Nothing in this Order overrides any attorney’s ethical responsibilities to refrain

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from examining or disclosing materials that the attorney knows or reasonably should know to be
privileged and to inform the Disclosing Party that such materials have been produced.
6.

The Disclosing Party retains the burden—upon challenge pursuant to paragraph

3—of establishing the privileged or protected nature of the Protected Information.
7.

Nothing in this Order limits the right of any party to petition the Court for an in

camera review of the Protected Information.

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8.

This Order does not preclude a party from voluntarily waiving the attorney-client

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privilege or work product protection. The provisions of Federal Rule of Evidence 502(a) apply

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when the Disclosing Party uses or indicates that it may use information produced under this

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Order to support a claim or defense.

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9.

The provisions of Federal of Evidence 502(b) are inapplicable to the production

of Protected Information under this Order.
10.

This Order is entered pursuant to Federal Rule of Civil Procedure 26(c)(1).

11.

The parties hereby agree to abide by the terms of this Order during any interim

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period prior to its entry and shall continue to abide by its terms after its entry absent a contrary
order of the Court.
IT IS SO STIPULATED on October__ 2014:

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-3[PROPOSED] STIPULATED F.R.E. 502(D) ORDER. CASE NO. 4:12-CV-3892-YGR

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Dated: October 16, 2014

MAYER BROWN LLP

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By: /s/Debra Bogo-Ernst
Debra Bogo-Ernst
Steven E. Rich

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Attorneys for Defendants
CITIBANK, N.A. AND CITIMORTGAGE,
INC.

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Dated: October 16, 2014

BARON & BUDD P.C.

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By: /s/Mark Pifko
Daniel Alberstone (SBN 105275)
Roland Tellis (SBN 186269)
Mark Pifko (SBN 228412)

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Attorneys for Plaintiffs GLORIA STITT,
RONALD STITT, MARK ZIRLOTT, and
TERRI LOUISE ZIRLOTT, individually and on
behalf of the general public similarly situated.
IT IS SO ORDERED:
S

Dated: 10/17/14

Joseph C. Spero
United States Magistrate o
Judge
Sper
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-4[PROPOSED] STIPULATED F.R.E. 502(D) ORDER. CASE NO. 4:12-CV-3892-YGR