Bund v. Safeguard Properties LLC

Filing 264

ORDER granting 263 Stipulated Motion for a Rule 502(d) Order. Signed by Judge Marsha J. Pechman. (PM)

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Hon. Marsha J. Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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JOHN R. BUND II, personally, as Executor of
the Estate of Richard C. Bund, deceased, S.
SCOTT JAMES and NOEL L. JAMES, a
married couple, and on behalf of others
similarly situated,

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STIPULATED MOTION FOR A RULE
502(d) ORDER

Plaintiffs,

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No. 2:16-cv-920 MJP

(CLERK’S ACTION REQUIRED.)
vs.
SAFEGUARD PROPERTIES, LLC, a
Delaware corporation,

NOTED FOR MOTION:
MAY 8, 2018

Defendant.

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The purpose of this stipulated proposed order is to expedite the flow of discovery

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material, facilitate the prompt resolution of disputes over privilege, and protect material to be

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kept confidential or privileged, pursuant to the Court’s inherent authority, its authority under

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Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), and the judicial

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opinions interpreting such Rules.
This stipulated proposed order is entered into pursuant to Rule 502(d) of the Federal Rules

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of Evidence. If a Producing Party discloses information in connection with the pending litigation
that the Producing Party thereafter claims to be privileged or protected by the attorney-client privilege
or attorney work product protection (“Disclosed Protected Information”), the disclosure of the
STIPULATED MOTION FOR 502(d) ORDER - 1
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Disclosed Protected Information shall not constitute or be deemed a waiver or forfeiture of any claim

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of privilege or work product protection that the Producing Party would otherwise be entitled to assert

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with respect to the Disclosed Protected Information and its subject matter in this proceeding or in any
other federal or state proceeding.

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A Producing Party may assert in writing attorney-client privilege or work product protection

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with respect to Disclosed Protected Information. The Receiving Party must—unless it contests the
claim of attorney-client privilege or work product protection—within five business days of receipt of

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that writing, (i) return or destroy all copies of the Disclosed Protected Information, and (ii) provide a

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certification of counsel that all of the Disclosed Protected Information has been returned or destroyed.

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Within five business days of receipt of the notification that the Disclosed Protected Information has

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been returned or destroyed, the Producing Party must produce a privilege log with respect to the

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Disclosed Protected Information.

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If the Receiving Party contests the claim of attorney-client privilege or work product
protection, the Receiving Party must—within five business days of receipt of the claim of privilege

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or protection—provide the Producing Party a draft Local Civil Rule 37(a)(2) submission requesting

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disclosure of the Disclosed Protected Information (a “Disclosure Motion”). The Receiving Party must
seek to file the Disclosure Motion under seal and must not assert as a ground for compelling

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disclosure the fact or circumstances of the disclosure, and may not disclose, rely on or refer to any of

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the Disclosed Protected Information. Pending resolution of the Disclosure Motion, the Receiving

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Party must sequester the Disclosed Protected Information and not use the Disclosed Protected

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Information or disclose it to any person other than as required by law.

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Disclosed Protected Information that is sought to be reclaimed by the parties to this case

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pursuant to this stipulated proposed order shall not be used as grounds by any third party to argue

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that any waiver of privilege or protection has occurred by virtue of any production in this case.
The Producing Party retains the burden of establishing the privileged or protected nature of

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the Disclosed Protected Information. Nothing in this paragraph shall limit the right of any party to

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petition the Court for an in camera review of the Disclosed Protected Information.
Nothing in this stipulated proposed order shall relieve counsel for any Receiving Party of any

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existing duty or obligation, whether established by case law, rule of court, regulation or other source,

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to return, and not to review, any privileged or work product materials without being requested by the

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Producing Party to do so. Rather, in the event a Receiving Party becomes aware that it is in possession

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of what appears to be privileged documents or materials, then counsel for the Receiving Party shall

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immediately: (i) cease any further review or use of that document or material and (ii) notify the

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Producing Party of the apparent production of Disclosed Protected Information, requesting whether
the documents or materials are Disclosed Protected Information. In the event the Producing Party

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confirms the documents or material are Disclosed Protected Information, the Receiving Party shall

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(i) promptly return or destroy all copies of the Disclosed Protected Information in its possession and
(ii) take reasonable steps to retrieve all copies of the Disclosed Protected Information distributed to
other counsel or non-parties.

DATED this 8th day of May, 2018.

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JEFFERS, DANIELSON, SONN &
AYLWARD, P.S.

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By: s/ Clay M. Gatens
Clay M. Gatens, WSBA No. 34102

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STIPULATED MOTION FOR 502(d) ORDER - 3
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Sally F. White, WSBA No. 49457
Devon A. Gray, WSBA No. 51485
Of Attorneys for Plaintiffs
Jeffers, Danielson, Sonn & Aylward, P.S.
2600 Chester Kimm Road
P.O. Box 1688
Wenatchee, WA 98807-1688
509-662-3685
[e-mail]
[e-mail]
[e-mail]

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DATED this 8th day of May, 2018.

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DAUDT LAW PLLC

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By: s/ Michael D. Daudt
Michael D. Daudt, WSBA No. 25690
Associated Counsel for Plaintiff
Daudt Law PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121-1820
[phone]
[e-mail]

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DATED this 8th day of May, 2018.

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TERRELL MARSHALL LAW GROUP
PLLC

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By: s/ Beth E. Terrell
Beth E. Terrell, WSBA No. 26759
Blythe H. Chandler, WSBA No. 43387
Of Attorneys for Plaintiff John R. Bund, II
Terrell Marshall Law Group PLLC
936 N. 34th Street, Suite 300
Seattle, WA 98103-8869
[phone]
[e-mail]

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STIPULATED MOTION FOR 502(d) ORDER - 4
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[e-mail]
DATED this 8th day of May, 2018.

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LEE SMART, P.S., INC.

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By: s/ Pamela J. DeVet
Pamela J. DeVet, WSBA No. 32882
Kellan W. Byrne, WSBA No. 49825
Of Attorneys for Defendant
Safeguard Properties Management, LLC
Lee Smart, P.S., Inc.
701 Pike Street, Suite 1800
Seattle, WA 98101
[phone]
[e-mail]
[e-mail]

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DATED this 8th day of May, 2018.

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KIRKLAND & ELLIS LLP

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By: s/ Leonid Feller
Leonid Feller, Illinois Bar Number 6274905
Admitted pro hac vice
Of Attorneys for Defendant
Safeguard Properties Management, LLC
Kirkland & Ellis LLP
300 North LaSalle, Chicago, IL 60654
248-760-6812
[e-mail]

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STIPULATED MOTION FOR 502(d) ORDER - 5
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I. ORDER

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It is so ordered.

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Dated this _11th__ day of May, 2018.

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A

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The Honorable Marsha J. Pechman
United States Senior District Court Judge

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STIPULATED MOTION FOR 502(d) ORDER - 6
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CERTIFICATE OF SERVICE

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I hereby certify that on the date provided at the signature below, I electronically filed the

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preceding document with the Clerk of the Court using the CM/ECF system, which will send

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notification of such filing to the following individuals:

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Mr. Clay Gatens
Ms. Devon A. Gray
Jeffers, Danielson, Sonn & Aylward, P.S.
2600 Chester Kimm Road
Wenatchee, WA 98801-811
[e-mail]
[e-mail]
Mr. Michael D. Daudt
DAUDT LAW PLLC
2200 Sixth Avenue, Suite 1250
Seattle, Washington 98121
[e-mail]
Ms. Beth E. Terrell
Ms. Blythe H. Chandler
Terrell Marshall Law Group PLLC
936 N. 34th Street, Suite 300
Seattle, WA 98103-8869
[e-mail]
[e-mail]
I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct, to the best of my knowledge.

DATED this 8th day of May, 2018 at Seattle, Washington.

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LEE SMART, P.S., INC.
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By:/s Pamela J. DeVet
Pamela J. DeVet, WSBA No. 32882
Of Attorneys for Defendant
Safeguard Properties Management, LLC

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STIPULATED MOTION FOR 502(d) ORDER - 7
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Lee Smart, P.S., Inc.
701 Pike Street, Suite 1800
Seattle, WA 98101
206-624-7990
[e-mail]

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