The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JAMES J HICKMAN, PH.D.;
Plaintiff,
v. Case No.: 6:25-cv-02095-PGB-LHP
UNIVERSITY OF CENTRAL
FLORIDA BOARD OF TRUSTEES,
Defendant,
ORDER
Before the Court is the parties’ Joint Motion for Entry of a 502(d) Order, by
which the parties seek entry of an Order pursuant to Federal Rule of Evidence
502(d). Doc. No. 17.
Federal Rule of Evidence 502(d) states that “[a] federal court may order that
the privilege or protection is not waived by disclosure connected with the litigation
pending before the court—in which event the disclosure is also not a waiver in any
other federal or state proceeding.” Fed. R. Evid. 502(d). As the Rule makes clear,
the decision on whether to enter an order pursuant to Rule 502(d) is discretionary.
Id. However, “[f]ederal courts, including those in Florida, routinely enter such
orders upon request of the parties.” Diaz v. Chapters Health Sys., Inc., No. 8:18-cv-
3052-T-36-SPF, 2019 WL 1498873, at *1 (M.D. Fla. Apr. 1, 2019) (collecting cases).
Upon review of the proposed order submitted by the parties, see Doc. No. 17-
1, the Court finds the request well taken. Accordingly, the Motion (Doc. No. 17) is
GRANTED, and it is ORDERED as follows:
1. This Order is entered pursuant to Rule 502(d) of the Federal Rules of
Evidence, and shall be applicable to and govern all deposition
transcripts and/or videotapes, and documents produced in response
to requests for production of documents, answers to interrogatories,
responses to requests for admissions, affidavits, declarations and all
other information or material produced, made available for inspection,
or otherwise submitted by any of the parties in this litigation as well as
testimony adduced at trial or during any hearing (collectively
“Information”).
2. The disclosure of privileged or work-product protected documents,
electronically stored information (“ESI”) or Information, whether
inadvertent or otherwise, is not a waiver of the privilege or protection
from discovery in this case or in any other federal or state proceeding.
This Order shall be interpreted to provide the maximum protection
allowed by Federal Rule of Evidence 502(d).
3. Nothing contained herein is intended to or shall serve to limit a party’s
right to conduct a review of documents, ESI or Information (including
metadata), within the parameters previously agreed upon by the
Parties, for relevance, responsiveness and/or segregation of privileged
and/or protected information before production.
DONE and ORDERED in Orlando, Florida on March 11, 2026.
LESLIE AN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
Counsel of Record