Albano v. Molycorp, Inc. et al

Filing 185

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 2/19/16. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00292-RM-KMT
In re MOLYCORP, INC. SECURITIES LITIGATION.
______________________________________________________________________________
STIPULATED ORDER UNDER
FEDERAL RULES OF EVIDENCE 502(D) AND (E)
______________________________________________________________________________
Upon consideration of the Joint Motion for Entry of a Stipulated Order Under Federal
Rules of Evidence 502(d) and (e), it is hereby ORDERED:
1.

Pursuant to Federal Rule of Evidence 502(d), the disclosure of a communication

or information covered by the attorney-client privilege or work-product protection does not
operate as a waiver of any such privilege or protection as to the disclosed communication or
information, nor does it operate as a waiver with respect to disclosed or undisclosed
communications or information concerning the same or similar subject matter.
2.

The Parties agree to be governed by Federal Rule of Civil Procedure 26(b)(5)(B)

with respect to claims of privilege and Federal Rule of Evidence 502(b) with respect to
inadvertent production of privileged materials. The Parties will abide by the following procedure
in connection with any inadvertent production of privileged materials:
(a)

If a producing Party has a good faith belief that a privileged document has

been inadvertently produced, it shall notify the receiving Party of the producing Party’s
claim of privilege within sixty (60) days after the producing Party actually discovers that
such inadvertent production was made.
(b)

Upon receipt of any notice claiming privilege with respect to a produced

document, all other Parties (regardless of whether they agree with the producing Party’s

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claim of privilege) shall promptly:
(i) Use reasonable efforts to destroy or sequester all copies of the
inadvertently produced documents or material in such Parties’ possession,
custody, or control, and notify the disclosing Party that they have done so; and
(ii) Notify the producing Party that they have taken reasonable steps to
retrieve and destroy or sequester the inadvertently produced documents or
material from other persons, if any, to whom such documents or material have
been provided, consistent with Federal Rule of Civil Procedure 26(b)(5)(B).
3.

To the extent a receiving Party disputes the producing Party’s claim of privilege,

the receiving Party shall notify the producing Party of its position within ten (10) business days
of receiving the producing Party’s notice (the “Dispute Notification”). Within ten (10) business
days of receiving the Dispute Notification, the Parties shall meet and confer in an effort to
resolve their disagreement. If the Parties are unable to resolve their disagreement, the parties may
submit the issue to the Court for a determination, submitting any document(s) in dispute under
seal in compliance with Federal Rule of Civil Procedure 26(b)(5)(B), and any relevant
agreements or Court orders. See Fed. R. Evid. 502(d)-(e).
APPROVED BY THE COURT:

February 19, 2016

Kathleen M. Tafoya,
United States Magistrate Judge

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