Rau v. United Parcel Service, Inc.

Filing 12

NON-WAIVER AND CLAW-BACK ORDER re 11 Stipulation. 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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
SHEILA RAU, an individual,
Plaintiff,

Case No. 1:12-cv-194
NON-WAIVER AND CLAW-BACK
ORDER

vs.
UNITED PARCEL SERVICE, INC., a
Delaware corporation; and UNITED PARCEL
SERVICE, INC., an Ohio corporation,
Defendants.

To facilitate the production of documents, the parties to this action have entered into a
Non-Waiver and Claw-Back Stipulation. In consideration of the parties’ Stipulation and
pursuant to Federal Rule of Evidence 502(d):
THE COURT HEREBY ORDERS:
1.

The inadvertent production of privileged or protected material during the course

of discovery shall not be deemed a waiver or an impairment of any claim of privilege or
protection, including the attorney-client privilege and the work-product doctrine, in this or any
other state or federal proceeding, as to the material inadvertently produced or as to the subject
matter thereof.
2.

In the event counsel to a party producing documents in response to a request for

production or disclosures pursuant to Federal Rule of Civil Procedure 26 (“Producing Party”)

NON-WAIVER AND CLAWBACK ORDER - 1

discovers an inadvertent production of privileged or protected material, the Producing Party shall
notify counsel to the party who received the inadvertent production (“Receiving Party”) in
writing and identify the privileged or protected material by Bates number. Upon receipt of a
notice of inadvertent disclosure, the Receiving Party must refrain from viewing such material or
using such material in any way, and must follow the Producing Party’s instructions regarding the
disposition of the material. To the extent there is a disagreement regarding the proper disposition
of the material, the Receiving Party shall refrain from using the material unless and until the
Court makes a determination as to its proper disposition.
3.

In the event the Receiving Party believes that the Producing Party inadvertently

produced privileged or protected material, the Receiving Party shall notify the Producing Party in
writing and identify the suspected privileged or protected material by Bates number within five
business days of such discovery. Once the Receiving Party believes that there has been an
inadvertent disclosure, the Receiving Party must refrain from viewing such material or using
such material in any way and must follow the Producing Party’s instructions regarding the
disposition of the material. To the extent there is a disagreement regarding the proper disposition
of the material, the Receiving Party shall continue to refrain from using the material unless and
until the Court makes a determination as to its proper disposition.

DATED: July 13, 2012

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

NON-WAIVER AND CLAWBACK ORDER - 2