The opinion of the court was delivered by: The Hon. Magistrate Judge Sandra Snyder
STIPULATION RE: ONGOING MEDIATION DISCUSSIONS AND APPLICABLE PRIVIILEGES TO PROPOSED CONVERSATIONS BETWEEN STEVE SIMONIAN AND H&R BLOCK'S CONSULTING EXPERT; ORDER
COME NOW defendant H&R Block Enterprises, Inc. ("Block"), and Plaintiffs Yorbelid Zayas Alavez and Fernando Martinez Serratos ("Plaintiffs") and their counsel of record, Steve Simonian and James Makasian (plaintiff's "Counsel"), and stipulate and agree as follows:
1) On December 19, 2008, counsel and representatives for Block and counsel and representatives for Plaintiffs voluntarily took part in a medition before Judge Raul A. Ramirez, Retired at the offices of McCormick & Barstow, L.L.P. in Fresno, California;
2) In furtherance of, and as part of, the ongoing mediation and settlement negotiations between Plaintiffs and Block which began on December 19, 2008, Block has agreed to allow counsel for Plaintiffs, Steve Simonian, to speak directly with Block's consulting expert ("Consultant") (the "Discussion");
3) The Parties to this Stipulation agree and do hereby stipulate that the Discussion will be conducted in accordance with, and subject to the protections provided by, Cal. Evid. Code 1119(a), Federal Rule of Evidence 501 and Local Rule 16-271. See also, Foxgate Homeowners Ass'n v. Bramalea Cal. (2001) 26 Cal.4th 1, 15; Folb v. Motion Picture Indus. Pension & Health Plans, 16 F.Supp.2d 1164, 1179-1180 (C.D.Cal. 1998); Olam v. Congress Mortg. Co., 68 F.Supp.2d 1110, 1121 (N.D. Cal. 1999). The parties further agree and do hereby stipulate that nothing said during the Discussion shall be subject to discovery or admissible in this or any other proceeding;
4) The Parties to this Stipulation agree and do hereby stipulate that neither Plaintiffs nor their Counsel will disclose or use the fact of the Discussion itself or any information learned during the Discussion for any purpose;
5) The Parties to this Stipulation agree and do hereby stipulate that the Discussion does not waive any privilege that applies to the work of Consultant, including but in no way limited to the work product privilege, the attorney client privilege and/or the protections afforded by Rule 26(b)(4), Cal. Evid. Code 1119(a), Federal Rule of Evidence 501 and/or Local Rule 16-271;
6) The Parties to this Stipulation agree and do hereby stipulate that neither Plaintiffs nor 2 their Counsel will seek to discover facts known or opinions held by Consultant in this or any other 3 proceeding or use the Discussion as a basis to seek such information.
Steve P. Simonian, Jr. Individuall and as Attorneys for and on behalf of Plaintiffs YORBELID ZAYAS ALAVEZ and FERNANDO MARTINEZ ...