Opinion
2:21-cv-01949-APG-BNW
01-04-2022
MA & ASSOCIATES, LLC, a Nevada limited liability company, Plaintiff, v. SENTINEL INSURANCE COMPANY, LTD., a Connecticut corporation; HARTFORD INSURANCE COMPANY OF ILLINOIS, an Illinois corporation; HARTFORD INSURANCE COMPANY OF THE SOUTHEAST, a Connecticut corporation; HARTFORD UNDERWRITERS INSURANCE COMPANY, a Connecticut corporation; HARTFORD INSURANCE COMPANY OF THE MIDWEST, an Indiana corporation; HARTFORD CASUALTY INSURANCE COMPANY, an Indiana corporation; HARTFORD FIRE INSURANCE COMPANY, a Connecticut corporation; HARTFORD ACCIDENT & INDEMNITY COMPANY, a Connecticut corporation; DOE INDIVIDUALS 1 through 50, inclusive; and ROE BUSINESS ENTITIES I through X, inclusive, Defendants.
Andrew B. Downs Nevada Bar No. 8052 E-mail: andy.downs@bullivant.com BULLIVANT HOUSER BAILEY PC Darren T. Brenner Nevada Bar No. 8386 E-Mail: dbrenner@wrightlegal.net WRIGHT, FINLAY & ZAK LLP
Andrew B. Downs Nevada Bar No. 8052 E-mail: andy.downs@bullivant.com BULLIVANT HOUSER BAILEY PC
Darren T. Brenner Nevada Bar No. 8386 E-Mail: dbrenner@wrightlegal.net WRIGHT, FINLAY & ZAK LLP
STIPULATION FOR CLAWBACK ORDER; (PROPOSED) CLAWBACK ORDER PURSUANT TO F.R.E. 502
Attorneys for Defendants Sentinel Insurance Company, Ltd., Hartford Insurance Company of Illinois, Hartford Insurance Company of the Southeast, Hartford Underwriters Insurance Company, Hartford Insurance Company of the Midwest, Hartford Casualty Insurance Company, Hartford Fire Insurance Company, and Hartford Accident & Indemnity Company
Plaintiff MA & Associates, LLC and defendants Sentinel Insurance Company, Ltd., Hartford Insurance Company of Illinois, Hartford Insurance Company of the Southeast, Hartford Underwriters Insurance Company, Hartford Insurance Company of the Midwest, Hartford Casualty Insurance Company, Hartford Fire Insurance Company, and Hartford Accident & Indemnity Company stipulate and request pursuant to Federal Rule of Evidence 502 that the Court enter the proposed order appearing below. This request is made to protect against inadvertent waiver of applicable privileges as authorized by Rule 502, and in particular, subsection (d) of that rule.
CLAWBACK ORDER PURSUANT TO F.R.E. 502
Federal Rule of Evidence 502(d) authorizes the Court to ender an order providing that any applicable privilege or protection is not waived by inadvertent disclosure connected with the litigation pending before the court. The parties having stipulated, and good cause appearing, IT IS HEREBY ORDERED, pursuant to Federal Rule of Evidence 502, that
1. The inadvertent disclosure, in oral, electronic or written form, of any information which would otherwise be protected by Federal Rule of Evidence 501, Federal Rule of Evidence 502, or Chapter 49 of the Nevada Revised Statutes, including but not limited to NRS 49.095, shall not operate as a waiver of the applicable privilege or the work-product protection.
2. Pursuant to Federal Rule of Evidence 502(d), any disclosure protected by this Order also is not a waiver of the applicable privileges or work-product protection in any other Federal or State proceeding.
3. Should counsel for any party receive a document which he or she reasonably believes contains material protected by a privilege under Federal Rule of Evidence 501, Federal Rule of Evidence 502, or Chapter 49 of the Nevada Revised Statutes, including but not limited to NRS 49.095, counsel shall immediately notify counsel for the holder of the privilege and shall return or confirm in writing that they will destroy any and all copies of the document upon request, without waiving the receiving party's right to seek an order from the Court that the document(s) in question are discoverable. Notwithstanding the foregoing, if the receiving party believes it has reasonable grounds to seek an order that the document(s) in question are discoverable, it may retain one copy solely for purposes, and for the duration, of the effort to seek such an order.
4. Should counsel for any party discover that it has produced a document(s) protected by privilege that she or he reasonably believes has been inadvertently produced, he or she shall immediately notify counsel for all other parties and request return of the document(s) or its destruction or deletion.
IT IS SO ORDERED.