Mace et al v. Georgia-Pacific, LLC et al

Filing 35

ORDER granting 34 Motion For Entry of an Order Pursuant to Federal Rule of Evidence 502(D) Governing the Disclosure of Privileged Information. See order for details. Signed by Magistrate Judge Monte C. Richardson on 9/25/2013. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
JAMES L. MACE, et al,
Plaintiffs,
vs.

Case No. 3:13-cv-328-J-99TJC-MCR

GEORGIA-PACIFIC LLC, et al.,
Defendants.
_____________________________________/

ORDER
THIS CAUSE is before the Court on Defendants’ Unopposed Motion For Entry of
an Order Pursuant to Federal Rule of Evidence 502(D) Governing the Disclosure of
Privileged Information (Doc. 34) filed September 24, 2013. Having considered the
arguments of counsel and for good cause having been shown, it is
ORDERED:
1.

Plaintiff and Defendants shall be referred to collectively herein as the

"parties" or individually as a "party";
2.

This Order is intended to expedite the production of discovery in this

matter and shall be applicable to and govern all deposition transcripts and/or
videotapes, and documents and materials produced in response to requests for
production of documents, answers to interrogatories, responses to requests for
admissions, affidavits, declarations, and all other information or material produced,
disclosed, made available for inspection, or otherwise submitted by any parties to this

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litigation pursuant to the federal rules and/or local rules, as well as testimony adduced
at trial or during any hearing (collectively, "Information");
3.

Pursuant to Federal Rule of Evidence 502(d), the production or disclosure

of any privileged or otherwise protected or exempted Information connected with this
litigation shall not be deemed a waiver or impairment of any claim of privilege or
protection, including, but not limited to, the attorney-client privilege, the protection
afforded to work product materials, or the subject matter thereof, or the confidential
nature of any such Information, as to the produced Information. No pre-production or
post-production review for privilege shall be required by the parties and this order of
non-waiver shall apply irrespective of inadvertence and any other factor contained in
Fed. R. Evid. 502(b);
4.

Any party who has received Information shall - upon that learning that the

Information may be subject to a claim of privilege or protection or discovering
information that would reasonably lead to the conclusion that the Information may be
subject to such a claim - immediately cease to use such Information for any purpose
and return it, including all hard and electronic copies thereof, to the disclosing party until
further order of the Court. The receiving party must attempt, in good faith, to retrieve
and return any copies of the Information provided to third parties;
5.

Notwithstanding the foregoing, the parties do not waive their right to

contest the underlying claim of privilege or protection after said Information has been
returned to the disclosing party. However, the receiving party may not challenge the
claim of privilege or protection by arguing that the disclosure itself is a waiver or

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impairment of the privilege or protection. Any analyses, memoranda or notes the
receiving party generated internally based such produced Information shall immediately
be placed in sealed envelopes and shall be destroyed in the event that (a) the receiving
party does not contest that the Information is privileged, or (b) the Court rules that the
Information is privileged.
DONE AND ORDERED in Jacksonville, Florida this 25th day of September,
2013.

Copies to:
Counsel of Record

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