STIPULATION PURSUANT TO FRE 502 FOR ENTRY OF A CLAWBACK ORDER ANDm [PROPOSED] CLAWBACK ORDER

JON S. TIGAR, District Judge.

Plaintiff Edward Mullins dba Adams Springs Golf Course, LLC and defendant New York Marine and General Insurance 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 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 or written form, of any information which would otherwise be protected by Federal Rule of Evidence 501, Federal Rule of Evidence 502, or Division 8 (commencing at section 900) of the California Evidence Code, 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 Division 8 (commencing at section 900) of the California Evidence Code, counsel shall immediately notify counsel for the holder of the privilege and shall return 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 not privileged.

IT IS SO ORDERED.