Jones v. Richland County

Filing 19

ORDER granting 18 Motion for entry of a Clawback Order. Signed by Magistrate Judge Kaymani D West on 5/17/2016. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Justine Jones,
Plaintiff,
vs.
Richland County,
Defendant.

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C.A. No. 3:16-cv-466-MBS-KDW

CONSENT CLAWBACK ORDER

Because the parties to this case or third parties may be required to produce documents,
answer interrogatories, and provide testimony and other information that may contain information
covered by the attorney-client privilege or work product protection, and in order to permit discovery
to proceed without delay and avoid possible disputes regarding the privileged or protected nature
of such information, upon joint motion of the parties the court hereby ORDERS:
Due to the volume of discoverable items in the possession, custody, or control of the parties
and the concerns regarding attorney-client privilege and work product protection, the court enters
this “Clawback” Provision to expedite and facilitate the production of discoverable items, and to
protect against inadvertent disclosure of attorney-client privileged communications or work-product
materials. The inadvertent disclosure or production of any information or document that is subject
to an objection on the basis of attorney-client privilege or work-product protection will not be
deemed to waive the producing party’s claim to its privileged or protected nature or estop that party
or the privilege holder from designating the information or document as attorney-client privileged
or subject to the work-product doctrine at a later date. Any party receiving any such information or
document shall return it upon request from the producing party. Upon receiving such a request as
to specific information or documents, the receiving party shall return the information or documents

to the producing party within five business days, regardless of whether the receiving party agrees
with the claim of privilege and/or work-product protection. The receiving party shall be entitled to
file a motion to compel production of the information or documents despite the producing party’s
claim of attorney-client privilege or work-product protection. Disclosure of the information or
document by the receiving party prior to such later designation by the producing party shall not be
deemed a violation of the provisions of this Order. This Order shall be governed by Federal Rule
of Evidence 502(d), is entered pursuant to Federal Rule of Civil Procedure 26(c)(l), and applies to
all discovery produced in this case whether before or after the date of this Order.
IT IS SO ORDERED.

May 17, 2016
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge

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