Idaho Housing and Finance Association v. Genworth Mortgage Insurance Company et al

Filing 15

ORDER granting and adopting 13 Stipulation Re: Non-waiver and Claw-Back filed by Genworth Financial Services, Inc, Genworth Mortgage Insurance Corporation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

Idaho Housing and Finance Association v. Genworth Mortgage Insurance Corporation et al

Doc. 15

UNITED STATES DISTRICT COURT F O R THE DISTRICT OF IDAHO

ID A H O HOUSING AND FINANCE A S S O C IA T IO N , an independent public b o d y corporate and politic, Plaintiff, v. G E N W O R T H MORTGAGE IN S U R A N C E CORPORATION, a North C a ro lin a corporation, a.k.a. G E N W O R T H FINANCIAL SERVICES, IN C ., a Delaware corporation, a.k.a. G E N W O R T H FINANCIAL; DOES I th ro u g h X; and CORPORATE DOES I th ro u g h X, Defendants.

C a s e No. 1:10-CV-367-BLW ORDER

T h e Court has before it the parties' Stipulation Re: Non-Waiver and Claw-Back (D k t. 13). To facilitate the production of documents, the parties to this action have e n te re d into a Non-Waiver and Claw-back Stipulation. In consideration of the parties S tip u la tio n and pursuant to Federal Rule of Evidence 502(d), T H E COURT HEREBY ORDERS: 1. T h e inadvertent production of privileged or protected material during the course of

d is c o v e ry shall not be deemed a waiver or an impairment of any claim of privilege or

OR D E R - 1

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protection, including the attorney-client privilege and the work-product doctrine, in this or a n y other state or federal proceeding, as to the material inadvertently produced or as to the s u b je c t matter thereof. 2. In the event counsel to a party producing documents in response to a request for

p ro d u c tio n or disclosures pursuant to Federal Rule of Civil Procedure 26 ("Producing P a rty" ) discovers an inadvertent production of privileged or protected material, the P ro d u c in g Party shall notify counsel to the party who received the inadvertent production (" R e c e iv in g Party") in writing and identify the privileged or protected material by Bates n u m b e r. Upon receipt of a notice of inadvertent disclosure, the Receiving Party must re f ra in from viewing such material or using such material in any way, and must follow the P ro d u c in g Party's instructions regarding the disposition of the material. To the extent th e re is a disagreement regarding the proper disposition of the material, the Receiving P a rty shall refrain from using the material unless and until the Court makes a d e te rm in a tio n as to its proper disposition. 3. In the event the Receiving Party believes that the Producing Party inadvertently

p ro d u c e d privileged or protected material, the Receiving Party shall notify the Producing P a rty in writing and identify the suspected privileged or protected material by Bates n u m b e r within five business days of such discovery. Once the Receiving Party believes th a t there has been an inadvertent disclosure, the Receiving Party must refrain from v ie w in g such material or using such material in any way and must follow the Producing

OR D E R - 2

Party's instructions regarding the disposition of the material. To the extent there is a d is a g re e m e n t regarding the proper disposition of the material, the Receiving Party shall c o n tin u e to refrain from using the material unless and until the Court makes a d e te rm in a tio n as to its proper disposition. ORDER I T IS ORDERED: 1. T h e Parties' Stipulation Re: Non-Waiver and Claw-Back (Dkt. 13) is G R A N T E D and ADOPTED.

D A T E D : October 29, 2010

B. LYNN WINMILL C h ie f U.S. District Court Judge

ORDER - 3