Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:01-cv-00495-EGB

Document 303

Filed 12/13/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS KENT CHRISTOFFERSON et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 01-495C (Senior Judge Bruggink)

JOINT MOTION FOR ENTRY OF DISCOVERY ORDER The parties respectfully request that the Court enter the attached "Discovery Order," which the parties believe is in the interests of justice and judicial economy. Counsel for both parties have been working cooperatively to facilitate defendant's review of the questionnaires prepared by plaintiffs pursuant to the parties Memorandum of Understanding. The purpose of the proposed order, originally suggested by the Court, is to permit defendant to have prompt access to the questionnaires, yet provide a mechanism for recovering privileged information disclosed as part of their disclosure. Defendant has retained a copy service, which is standing by in San Francisco waiting to copy these questionnaires. For these reasons, the parties respectfully request that this motion for entry of discovery order be granted. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General

s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

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s/ Jack W. Lee JACK W. LEE Minami Tamaki LLP 360 Post St. 8th Floor San Francisco, CA 94108-4903 Tel: 415-788-9000

s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 2nd Floor, Todd Bldg. Washington, D.C. 20530 Tele: (202) 616-2311

Attorneys for Plaintiffs Date: December 13, 2007

Attorneys for Defendant Date: December 13, 2007

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Case 1:01-cv-00495-EGB

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CERTIFICATE OF SERVICE I hereby certify that, on December 13, 2007, a copy of the foregoing was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/ Steven J. Gillingham

Case 1:01-cv-00495-EGB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS KENT CHRISTOFFERSON et al., Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 01-495C (Senior Judge Bruggink)

DISCOVERY ORDER WHEREAS Plaintiffs have a large volume of claim questionnaires that were prepared pursuant to the parties' Memorandum of Understanding (MOU), which was entered into to promote the just, speedy, and efficient resolution of this lawsuit; WHEREAS Plaintiffs assert that some questionnaires contain attorney-client privileged information or attorney work product and would require a lengthy review to determine whether they are protected from discovery by various privileges or other protections; It is hereby ORDERED BY THE COURT: General Provisions 1. The term "Document" refers to the questionnaires and any other documents

produced in response to the questionnaires, including copies thereof. Provisions Regarding Privileged Material 2. The parties agree that preliminary review and subsequent production of all or part

of a Document shall not constitute a waiver of any privilege or other protection, as to any portion of that Document, in this or in any other proceeding, if Plaintiffs provide a notice seeking the return of the document, or the redaction of a portion of the Document to obscure the privileged or otherwise protected information ("Notice"). 3. The Notice shall be in writing, shall be served upon counsel of record for the

Defendant, and shall contain information sufficient to: (1) identify the Document, or portions of any Document; (2) explain the basis for the invocation of the privilege or protection. To be effective, the notice shall be provided within a reasonable time, but no later than 30 days after

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Plaintiffs discover Defendant's intention to use the privileged information. 4. After receiving a Notice, Defendant must promptly return, sequester, or destroy

the Document or portion of the Document identified in the Notice, and any copies it has, and may not use or disclose the information until the claim is resolved. If Defendant disclosed the information specified in the Notice before being notified, it must take reasonable steps to retrieve it. The producing party must preserve the specified information until the claim is resolved. 5. Defendant may challenge the assertion of any privilege or other protection

contained in the Notice. The motion challenging the assertion shall be filed under seal, with a copy to Plaintiffs. Any such motion must be filed within 30 days from receipt of the Notice. 6. Nothing in this Order shall prohibit Plaintiffs from withholding from review

and/or production any document covered by any privilege(s), properly claimed. Provisions Regarding Administration Of This Discovery Order 7. If either party has cause to believe that a violation of this Order has occurred or is

about to occur, it shall have the right to petition this Court for appropriate relief. 8. Plaintiffs or Defendant may seek a modification of this Order at any time, but the

provisions of this Order shall continue to be binding after the termination of this action unless otherwise ordered. ORDERED: ____________________________ Senior Judge Bruggink Dated: ___________

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