Hudspeth & Associates, Inc. v. Centerre Construction et al

Filing 35

ORDER re: 33 Motion for Order Implementing Federal Rule of Evidence 502(d). Pursuant to the agreement of the parties and the authority granted this court under Federal Rule of Evidence 502(d), a party's inadvertent disclosure, in connection with discovery produced in this case of any communication or information covered by the attorney-client privilege or entitled to work-product protection as recognized in the Agreement and Stipulation for the Preservation and Non-Waiver of Privileges and Protections for Inadvertently Produced Documents, shall not constitute a waiver of such privilege or protection either in this litigation or in any other legal proceeding, by Magistrate Judge Kathleen M. Tafoya on 5/8/14.(sgrim)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 14–cv–00087–CMA–KMT UNITED STATES OF AMERICA, for the use and benefit of HUDSPETH & ASSOCIATES, INC., a Colorado corporation, Plaintiff, v. CENTERRE CONSTRUCTION, a Colorado corporation, MATSUO ENGINEERING, LLC, a Colorado limited liability company, MATSUO ENGINEERING CENTERRE CONSTRUCTION, a joint venture, MATSUO-CENTERRE A JOINT VENTURE, LLC, a Colorado limited liability company, BERKLEY REGIONAL INSURANCE COMPANY, a Delaware corporation, and MATSUO ENGINEERING CENTERRE CONSTRUCTION A JOINT VENTURE, LLC, a Colorado limited liability company, Defendants. ORDER This matter is before the court on the parties’ joint “Motion for Order Implementing Federal Rule of Evidence 502(d)” [Doc. No. 33]. Having reviewed the motion and the attached “Agreement and Stipulation for the Preservation and Non-Waiver of Privileges and Protections for Inadvertently Produced Documents” [Doc. No. 33-1], this court ORDERS Pursuant to the agreement of the parties and the authority granted this court under Federal Rule of Evidence 502(d), a party’s inadvertent disclosure, in connection with discovery produced in this case of any communication or information covered by the attorney-client privilege or entitled to work-product protection as recognized in the “Agreement and Stipulation for the Preservation and Non-Waiver of Privileges and Protections for Inadvertently Produced Documents,” shall not constitute a waiver of such privilege or protection either in this litigation or in any other legal proceeding. Dated this 8th day of May, 2014. 2

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