Opinion
Case No.: 10-CV-04915 DSF (SHx)
11-09-2011
FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR INDYMAC BANK, F.S.B. Plaintiff, v. SCOTT VAN DELLEN, RICHARD KOON, KENNETH SHELLEM, AND WILLIAM ROTHMAN, Defendants.
NOSSAMAN LLP THOMAS D. LONG (CA 105987) DAVID GRAELER (CA 197836) DAVID J. FARKAS (CA 203821) Attorneys for Plaintiff Federal Deposit Insurance Corporation, as Receiver for IndyMac Bank, F.S.B.
NOSSAMAN LLP
THOMAS D. LONG (CA 105987)
DAVID GRAELER (CA 197836)
DAVID J. FARKAS (CA 203821)
Attorneys for Plaintiff Federal Deposit Insurance
Corporation, as Receiver for IndyMac Bank,
F.S.B.
STIPULATED ORDER REGARDING
NON-WAIVER AS TO DOCUMENTS
AND DATA IN RELATIVITY DATABASE
Upon consideration of the Stipulation for Entry of Order Regarding Non-Waiver as to Documents and Data in Relativity Database (the "Stipulation") filed by the Federal Deposit Insurance Corporation, as Receiver for IndyMac Bank, F.S.B. ("Plaintiff" or "FDIC"), and together with defendants Scott Van Dellen, Richard Koon, Kenneth Shellem, and William Rothman (collectively, the "Defendants"), and good and sufficient cause appearing to exist for granting the relief requested in the Stipulation,
IT HEREBY IS ORDERED THAT:
1. The Stipulation is approved.
2. Under the terms of this stipulated order ("Order"), a presumption shall apply that any disclosure of Privileged Material is inadvertent.
Capitalized terms not otherwise defined herein have the meanings ascribed to them in the Stipulation.
3. To the extent any of the Receiving Parties determines, in the course of his or her use of Relativity, that he or she may have been provided access to Privileged Material, he or she shall:
(a) Immediately cease review of any potentially Privileged Material and refrain from disclosing such potentially Privileged Material to any third parties;
(b) Within five (5) business days, notify the FDIC of the nature of the potentially Privileged Material and provide an opportunity for the review thereof; and
(c) In the event that the parties cannot reach agreement regarding the issue of whether potentially Privileged Material is in fact subject to a valid claim of privilege or protection, provide an additional ten (10) business days from expiration of the five (5) business days referred to in (b) above for the party seeking to treat the information as not privileged to file a motion for protective order in this Court. The disputed material will continue to be treated as Privileged Material until there is a final decision on the motion.
4. If a motion pursuant to Paragraph 3(c) above is timely filed, then the Receiving Parties shall continue to refrain from the review of potentially Privileged Material pending a ruling of the Court.
5. In the event that the FDIC determines that it has provided access to Privileged Material to the Receiving Parties, the parties shall take all appropriate action, including pursuant to Federal Rule of Civil Procedure 26(b)(5)(B).
6. Neither the Receiving Parties nor the FDIC shall assert that any party has waived any applicable privilege or protection solely as a result of the disclosure of Privileged Material in this matter.
STEPHEN J. HILLMAN
United States Magistrate Judge