Gutierrez et al v. Smith International, Inc. et al

Filing 61

ORDER adopting 60 Stipulation re the Motion to Quash. The 55 MOTION to Quash is deemed moot. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Daniel Gutierrez and Kassandra
Gutierrez,
Plaintiffs,
vs.
Smith International, Inc.; et. al.,
Defendants.

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ORDER

Case No. 1:17-cv-002

On February 6, 2018, plaintiffs filed a motion to quash a subponea to produce documents
served by defendant Halliburton Energy Service Inc. (“Halliburton”) on Rollie Port Investigations,
Inc., a non-party. On February 28, 2018, plaintiff and Halliburton filed a stipulation in which they
agreed to the following:
1.

Plaintiffs will obtain the documents sought by Halliburton from Rollie Port
Investigations, Inc. within 20 days using a third-party records company.

2.

The documents will be held by the third-party records company, bates numbered with
access given to plaintiffs to review for privilege.

3.

Plaintiffs will have 7 business days to review said records for privilege and provide
Halliburton with a privilege log.

4.

If plaintiffs are claiming any of the materials privileged, they will submit the
privileged material to the court for in camera review and immediately release the nonprivileged portion of the documents to Halliburton.

The court ADOPTS the parties’ stipulation (Doc. No. 60). The motion to quash (Doc. No. 55) is
deemed MOOT with the understanding parties may file the appropriate motion should there be any

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issues with respect to the privilege log and/or the subpoenaed documents.
IT IS SO ORDERED.
Dated this 1st day of March, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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