Opinion
Case No. 1:11-cv-00536-LJO-MJS
03-07-2012
CARLOS M. LERMA, Plaintiff, v. JON LEE ARENDS, an individual, URS FEDERAL SUPPORT SERVICES, INC., a business entity, and DOES 1 through 20, inclusive, Defendant.
M. Greg Mullanax Attorneys for Plaintiff CARLOS MANUEL LERMA SEYFARTH SHAW LLP Francis J. Ortman Andrea Nicole de Koning Attorneys for Defendant URS FEDERAL SUPPORT SERVICES, INC. DOWLING, AARON & KEELER, INC. Mark D. Kruthers Matthew T. Besmer Attorneys for Defendant JON LEE ARENDS
LAW OFFICE OF M. GREG MULLANAX
M. Greg Mullanax (SBN 155138)
Attorneys for Plaintiff
CARLOS MANUEL LERMA
SEYFARTH SHAW LLP
Francis J. Ortman, III (SBN 213202)
Andrea Nicole de Koning (SBN 253715)
Attorneys for Defendant
URS FEDERAL SUPPORT SERVICES, INC.
DOWLING, AARON & KEELER, INC.
Mark D. Kruthers (SBN 179750)
Matthew T. Besmer (SBN 269138)
Attorneys for Defendant
JON LEE ARENDS
STIPULATION AND ORDER
Plaintiff Carlos Manuel Lerma ("Lerma") and Defendants Jon Lee Arends ("Arends") and URS Federal Support Services, Inc. ("URS") (collectively, "Defendants") (collectively, "the Parties"), by and through their respective counsel, hereby stipulate as follows:
WHEREAS, Defendant URS in this case has continually asserted the attorney-client privilege and the attorney work-product privilege over the investigation report prepared by Sally Aguilar and Dean Widhalm which was designated by URS's Legal Department as "attorney-client privileged." The Parties hereby acknowledge that this report was prepared in-house at URS by non-attorneys and is a summary of witness interviews conducted in connection to Carlos Lerma's complaint of discrimination. The Parties further jointly acknowledge that although Dean Widhalm and Sally Aguilar may have consulted with the URS Legal Department during the investigation, no privileged communications are included in the investigation report. Therefore, the Parties agree that the investigation report is not privileged. On the other hand, the Parties acknowledge that the URS Legal Department was involved in the preparation of the disposition memorandum. For that reason, the Parties jointly acknowledge that the disposition memorandum is privileged;
WHEREAS, Defendant has carefully reviewed the investigation report and disposition memorandum that were prepared to address Plaintiff's complaint of discrimination. Defendant has gone to great lengths to ensure that the report it intends to produce is not-privileged and reflect the totality of the non-privileged documents that were previously withheld out of a concern that the documents were potentially privileged;
WHEREAS, Defendant does not wish to risk a waiver of the attorney-client privilege, the attorney work-product privilege or any other legal privilege through their proposed production;
WHEREAS, the Parties collectively wish to uphold and promote the principles of the attorney-client and attorney work product privileges;
IT IS HEREBY STIPULATED AND AGREED by and among the Parties, through their respective undersigned counsel, that Defendant URS shall produce to all other Parties the investigation report that was previously withheld out of a concern they were potentially privileged, concerning Plaintiff's allegations of discrimination. Defendant URS shall further provide a privilege log the same day that the investigation report is produced which will include the disposition memorandum;
IT IS HEREBY FURTHER STIPULATED AND AGREED by and among the Parties, through their respective undersigned counsel, that Defendant URS's production shall not be deemed to have waived of the attorney-client privilege, the attorney work-product privilege or any other legal privilege;
IT IS HEREBY FURTHER STIPULATED AND AGREED by and among the Parties, through their respective undersigned counsel, that Plaintiff shall not file any Motion to Compel the production of any further documents concerning any communications with or work product of the URS Legal Department in connection with Carlos Lerma's allegations, nor shall Plaintiff seek any other Order from the Court requiring the production of any privileged communications or work product whatsoever in this case.
IT IS SO STIPULATED.
LAW OFFICE OF M. GREG MULLANAX
By:_________________
M. Greg Mullanax
Attorneys for Plaintiff
CARLOS MANUEL LERMA
SEYFARTH SHAW LLP
By: _________________
Francis J. Ortman
Andrea Nicole de Koning
Attorneys for Defendant
URS FEDERAL SUPPORT SERVICES, INC.
DOWLING, AARON & KEELER, INC.
By: _________________
Mark D. Kruthers
Matthew T. Besmer
Attorneys for Defendant
JON LEE ARENDS
ORDER
The parties having so stipulated, and GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that:
Defendant URS shall produce to all other Parties the investigation report that was previously withheld out of a concern they were potentially privileged, concerning Plaintiff's allegations of discrimination. Defendant URS shall further provide a privilege log the same day that the investigation report is produced which will include the disposition memorandum;
Defendant URS's production of its investigation report shall not be deemed a waiver of the attorney-client privilege, the attorney work-product privilege or any other legal privilege;
Plaintiff shall not file any Motion to Compel the production of any further documents concerning any communications with or work product drafted by the URS Legal Department in connection with Carlos Lerma's allegations, nor shall Plaintiff seek any other Order from the Court requiring the production of any privileged communications or work product whatsoever in this case.
IT IS SO ORDERED
Michael J. Seng
U.S. Magistrate Judge