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)

Download PDF
Case 2:16-cv-02646-APG-PAL Document 25 Filed 06/27/17 Page 1 of 2 1 2 3 4 5 6 7 8 DANIEL R. MCNUTT (SBN 7815) MATTHEW C. WOLF (SBN 10801) CARBAJAL & MCNUTT, LLP 625 South Eighth Street Las Vegas, Nevada 89101 Tel.: (702) 384-1170 / Fax.: (702) 384-5529 drm@cmlawnv.com mcw@cmlawnv.com 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 9 10 11 12 13 14 15 16 17 18 19 20 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. ) 21 Defendants Corporation of the President of The Church of Jesus Christ of Latter-day Saints, 22 Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, and Ethan 23 Hoopes (collectively “Defendants”) and Plaintiff Nicolas Scott hereby stipulate and agree as follows: 24 25 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 1 the email as both an update to his father and as a privileged communication to his 2 attorney. Plaintiff Scott disputes the allegation of privilege. 3 3. Defendants have previously produced the Email in redacted form as Bates #CPB03931 – CPB03932. 4 5 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, 6 2017. 7 8 5. Defendant Ethan Hoopes agrees to produce the email in an unredacted form subject to the stipulations herein. 9 6. 10 11 12 13 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 14 of the respective dispute without consideration of the disclosure of the January 12, 2015 15 email from Ethan Hoopes to Kendall Hoopes that is the subject of this stipulation. 16 17 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 18 19 20 21 22 23 24 25 IT IS SO ORDERED: ___________________________________ UNITED STATES MAGISTRATE JUDGE June 29, 2017 DATED:______________________________ STIPULATION AND ORDER REGARDING PRODUCTION OF ETHAN HOOPES’ EMAIL - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?