STIPULATION REGARDING NON-WAIVER OF PRIVILEGE PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d)

BENJAMIN H. SETTLE, District Judge.

To avoid burdening the Court with a discovery dispute, the parties, through the undersigned counsel, respectfully request that the Court enter an order under Federal Rule of Evidence 502(d) to govern the production of certain communications between Plaintiffs Eagle Harbor Holdings, LLC, MediusTech, LLC and any predecessor companies, including Medius, Inc. (collectively" Medius') and any attorney, including Steve Ford. Medius will agree to provide requested discovery concerning any communications that: (a) have been or otherwise would be withheld from production or disclosure based on a claim of privilege; and (b) that transmitted, attached, referred to or discussed materials that Defendant Ford Motor Company contends reflects or contains its asserted trade secrets; or, if none exists, to deny that any such communications exist, on the condition that any applicable privilege, including the attorney-client privilege and work product doctrine, are not waived over those documents or their subject matter.

Federal Rule of Evidence 502(d) states that a Federal court may order that the privilege or protection is not waved by disclosure connected with the litigation before the court, in which event the disclosure is also not a waver in any other Federal or state proceeding. Fed. R. Evid. 502(d). In order to advance the progress of this litigation, aid to eliminate the need for a discovery dispute regarding this issue, the parties respectfully ask the Court to enter the attached order declaring that the production of certain Medius documents will not constitute a waver of privilege.

ORDER

It is HEREBY ORDERED that, pursuant to Federal Rule of Evidence 502(d), providing

Defendant Ford Motor Company's requested discovery concerning any communications that: (a) have been or otherwise would be withheld from production or disclosure based on a claim of privilege; and (b) that transmitted, attached, referred to or discussed materials that Defendant Ford Motor Company contends reflects or contains its asserted trade secrets, will not waive my applicable privilege, including the attorney-client privilege aid work product doctrine, over those documents or their subject matter. Likewise, any denial by Medius that any such communications exist, will not waive any applicable privilege.