Cammareri v Bank of America et al.,

Filing 27

ORDER Granting 26 Stipulation to Stay Discovery and Approving 26 Stipulation Regarding a Claw-Back Provision for Documents Inadvertently Disclosed in Discovery. Signed by Magistrate Judge Peggy A. Leen on 3/13/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ADRIENNE CAMMARERI,

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Plaintiff,
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vs.
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BANK OF AMERICA, et al.,
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Defendants. )
__________________________________________)

Case No. 2:11-cv-01501-KJD-PAL
ORDER

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In a prior order (Dkt #25) the court entered a discovery plan and scheduling order because the

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parties had not submitted one as required by LR 26-1. The order established a June 18, 2012 discovery

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cutoff and other deadlines consistent with LR 26-1(e). The parties have now submitted a Discovery

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Plan (Dkt. #26) which proposes that discovery be stayed until after a decision of Defendant’s pending

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Motion to Dismiss (Dkt. #18) filed January 4, 2012. The motion to dismiss seeks to dismiss the entire

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complaint, and the parties agree that staying discovery will save time and resources on claims and

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issues which may ultimately be dismissed. The parties agreed to serve initial disclosures on or before

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March 8, 2012, and propose that they submit a proposed discovery plan and scheduling order after

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decision of the motion to dismiss if any claims survive. Finally, the parties agreed to a Claw-Back

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Provision regarding the inadvertent disclosure of documents produced in discovery in this case.

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Having reviewed and considered the matter, and for good cause shown:

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1.

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GRANTED.

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2.

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The parties’ stipulation to stay discovery until after decision of the motion to dismiss is

The parties shall have 14 days from decision of the pending motion to dismiss to submit
a proposed discovery plan and scheduling order with respect to any claim that survives.

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3.

The parties’ stipulation regarding a claw-back provision for documents inadvertently

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disclosed in discovery is APPROVED in the form memorialized in the parties’

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Discovery Plan (Dkt. #26) as follows:

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If a party inadvertently discloses information during discovery which is
subject to a claim of privilege or of protection, (1) the party making the
claim may notify any party that received the information of the claim and
the basis for it, and (2) a lawyer who receives a document relating to the
action and knows or reasonably should know that the document was
inadvertently sent shall promptly notify the sender. After being notified,
a party must promptly return, sequester, or destroy the specified
information and any copies it has; must not use or disclose the
information until the claim is resolved if a claimed privilege is disputed;
must take reasonable steps to retrieve the information if the party
disclosed it before being notified; and may promptly present the
information to the court under seal for a determination of a disputed
privilege. The producing party must preserve the information until the
claim is resolved.

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Dated this 13th day of March, 2012.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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