United States District Court, D. South Carolina, Aiken Division
CAROLINA LEGAL SERVICES, Adam Protheroe, Attorneys for the
FRAWLEY, LLC Patrick J. Frawley, ATTORNEYS FOR CITY OF AIKEN
HOUSING AUTHORITY, REGINAL B. BARNER, AND DEBRA K. YOUNG
ORDER PURSUANT TO FRE 502(D)
Michelle Childs United States District Judge.
matter comes before me upon the undersigned parties'
request for entry of an order pursuant to FRE 502(d)
concerning the handling of information which is disclosed and
may be subject to a claim of privilege or protection. This
Court finding good cause to do so does hereby
ORDER as follows:
No Waiver by Disclosure.
order is entered pursuant to Rule 502(d) of the Federal Rules
of Evidence. Subject to the provisions of this Order, if a
party (the “Disclosing Party”) discloses
information in connection with the pending litigation that
the Disclosing Party thereafter claims to be privileged or
protected by the attorney-client privilege or work product
protection (“Protected Information”), the
disclosure of that Protected Information will not constitute
or be deemed a waiver or forfeiture-in this or any other
action-of any claim of privilege or work product protection
that the Disclosing Party would otherwise be entitled to
assert with respect to the Protected Information and its
Notification Requirements; Best Efforts of Receiving
Disclosing Party must promptly notify the party receiving the
Protected Information (“the Receiving Party”), in
writing, that it has disclosed that Protected Information
without intending a waiver by the disclosure. Upon such
notification, the Receiving Party must-unless it contests the
claim of attorney-client privilege or work product protection
in accordance with paragraph (c)-promptly (i) notify the
Disclosing Party that it will make best efforts to identify
and return, sequester or destroy (or in the case of
electronically stored information, delete) the Protected
Information and any reasonably accessible copies it has and
(ii) provide a certification that it will cease further
review, dissemination, and use of the Protected Information.
Within five business days of receipt of the notification from
the Receiving Party, the Disclosing Party must explain as
specifically as possible why the Protected Information is
privileged. For purposes of this Order, Protected Information
that has been stored on a source of electronically stored
information that is not reasonably accessible, such as backup
storage media, is sequestered. If such data is retrieved, the
Receiving Party must promptly take steps to delete or
sequester the restored protected information.
Contesting Claim of Privilege or Work Product
Receiving Party contests the claim of attorney-client
privilege or work product protection, the Receiving Party
must- within five business days of receipt of the notice of
disclosure-move the Court for an Order compelling disclosure
of the information claimed as unprotected (a
“Disclosure Motion”). The Disclosure Motion must
be filed under seal and must not assert as a ground for
compelling disclosure the fact or circumstances of the
disclosure. Pending resolution of the Disclosure Motion, the
Receiving Party must not use the challenged information in
any way or disclose it to any person other than those
required by law to be served with a copy of the sealed
Stipulated Time Periods.
parties may stipulate to extend the time periods set forth in
paragraphs (b) and (c).
Attorney's Ethical Responsibilities.
in this order overrides any attorney's ethical
responsibilities to refrain from examining or disclosing
materials that the attorney knows or reasonably should know
to be privileged and to ...