O'Leary v. Humana Insurance Company et al

Filing 227

STIPULATED NON-WAIVER ORDER re 225 Consent MOTION to Reduce the burden of privilege review associated with the production of documents. (cc: all counsel) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

CAROLYN J. O’LEARY,
individually and on behalf of
all others similarly situated,
Plaintiffs,
v.

Case No. 17-C-1774

HUMANA INSURANCE COMPANY et al.,
Defendants.

STIPULATED NON-WAIVER ORDER
PURSUANT TO FEDERAL RULE OF EVIDENCE 502

To facilitate the production of documents in this case and to reduce the burden of privilege
review associated with the production of documents, the court enters the following order, which
has been agreed to by the parties, pursuant to Federal Rule of Evidence 502(d):
1. The production or disclosure of material (including documents and electronically stored
information) subject to a claim of attorney-client privilege or work product protection shall
not constitute a waiver of the attorney-client privilege or work product protection, in this
or any other proceeding, unless (a) the production or disclosure was made with the
expressed intent by the producing party to waive the attorney-client privilege or work
product protection or (b) the party making the production or disclosure has affirmatively
used or relied on the specific material that is subject to the claim of attorney-client privilege
or work product protection; and

2. When a producing party gives notice to a receiving party that a document or other material
subject to a claim of privilege or other protection has been inadvertently produced, the
obligations of the receiving party are those set forth in Fed. R. Civ. P. 26(b)(5)(B).
SO ORDERED at Green Bay, Wisconsin this 21st day of August, 2020.
s/ William C. Griesbach
William C. Griesbach
United States District Judge

2