Scott v. Hoopes et al

Filing 26

ORDER Granting 25 Stipulation Regarding Production of Defendant Ethan Hoopes' Email and Non-Waiver of Attorney Client Privilege. Signed by Magistrate Judge Peggy A. Leen on 6/29/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02646-APG-PAL Document 25 Filed 06/27/17 Page 1 of 2

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DANIEL R. MCNUTT (SBN 7815)
MATTHEW C. WOLF (SBN 10801)
CARBAJAL & MCNUTT, LLP
625 South Eighth Street
Las Vegas, Nevada 89101
Tel.: [phone] / Fax.: [phone]
[e-mail]
[e-mail]
Attorney for Defendants Ethan Hoopes, Corporation
of the President of The Church of Jesus
Christ of Latter-day Saints, and
Corporation of the Presiding Bishop of
The Church of Jesus Christ
of Latter-day Saints
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
NICOLAS SCOTT, an individual,
) Case No. 2:16-cv-02646-APG-PAL
)
STIPULATION AND [PROPOSED]
Plaintiff,
)
PROTECTIVE ORDER REGARDING
)
vs.
) PRODUCTION OF DEFENDANT ETHAN
HOOPES’ EMAIL AND NON-WAIVER OF
)
ATTORNEY CLIENT PRIVILEGE
CORPORATION OF THE PRESIDING )
BISHOP OF THE CHURCH OF JESUS )
CHRIST OF LATTER-DAY SAINTS, a )
foreign corporation; CORPORATION OF )
THE PRESIDENT OF THE CHURCH OF )
JESUS CHRIST OF LATTER-DAY )
SAINTS, a foreign corporation; ETHAN )
HOOPES, an individual; DOES I through )
XV; ROE CORPORATIONS I through X, )
inclusive,
)
)
Defendants.
)

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Defendants Corporation of the President of The Church of Jesus Christ of Latter-day Saints,

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Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, and Ethan

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Hoopes (collectively “Defendants”) and Plaintiff Nicolas Scott hereby stipulate and agree as follows:

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1. Kendal Hoopes is the Father of Defendant Ethan Hoopes. Plaintiff alleges that Kendal
Hoopes is also an attorney licensed to practice law in the State of Wyoming.
2. Following the accident that is the subject of this litigation, Defendant Ethan Hoopes sent
an email to Kendal Hoopes on January 12, 2015. Defendant Hoopes alleges that he sent

STIPULATION AND ORDER REGARDING PRODUCTION OF ETHAN HOOPES’ EMAIL - 1

Case 2:16-cv-02646-APG-PAL Document 25 Filed 06/27/17 Page 2 of 2

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the email as both an update to his father and as a privileged communication to his

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attorney. Plaintiff Scott disputes the allegation of privilege.

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3. Defendants have previously produced the Email in redacted form as Bates #CPB03931 –
CPB03932.

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4. The redactions were made on Defendant’s representation that the email contains
privileged attorney-client communications. A privilege log was produced on June 15,

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2017.

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5. Defendant Ethan Hoopes agrees to produce the email in an unredacted form subject to the
stipulations herein.

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6.
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Plaintiff hereby stipulates that the production of the email in an unredacted form does not
constitute a waiver of any actual attorney-client privilege between Defendant Ethan
Hoopes and his counsel, including without limitation, Attorney Kendal Hoopes, to the
extent such privilege otherwise exists.

7. Plaintiff further stipulates that all other disputes of privilege shall be determined on merits

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of the respective dispute without consideration of the disclosure of the January 12, 2015

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email from Ethan Hoopes to Kendall Hoopes that is the subject of this stipulation.

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CARBAJAL & MCNUTT, LLP

CLEAR COUNSEL LAW GROUP

/s/ Dan McNutt
.
DANIEL R. MCNUTT (SBN 7815)
MATTHEW C. WOLF (SBN 10801)
625 South Eighth Street
Las Vegas, Nevada 89101
Attorneys for Defendants

/s/Jared Richards
.
JARED R. RICHARDS (SBN 11254)
ADAM C. ANDERSON (SBN 13062)
50 S. Stephanie St., Suite 101
Henderson, NV 89012
Attorneys for Plaintiff

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IT IS SO ORDERED:
___________________________________
UNITED STATES MAGISTRATE JUDGE
June 29, 2017
DATED:______________________________

STIPULATION AND ORDER REGARDING PRODUCTION OF ETHAN HOOPES’ EMAIL - 2