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WILCOX v. ARPAIO

No. 12-16418.

753 F.3d 872 (2014)

Mary Rose WILCOX, wife; Earl Wilcox, husband, Plaintiffs-Appellees, v. Joseph M. ARPAIO; Ava Arpaio; Andrew P. Thomas; Anne Thomas; Lisa Aubuchon; Peter R. Pestalozzi; David Hendershott; Anna Hendershott, Defendants, and Maricopa County, a governmental entity, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 2014.

Attorney(s) appearing for the Case

Jeffrey S. Leonard (argued), James W. Armstrong , and Helen R. Holden , Sacks Tierney P.A., Scottsdale, AZ, for Defendant-Appellant.

Colin F. Campbell (argued) and Kathleen Brody O'Meara , Osborn Maledon, P.A., Phoenix, AZ, for Plaintiffs-Appellees.

Before: JEROME FARRIS, STEPHEN REINHARDT, and A. WALLACE TASHIMA, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

We are asked to decide whether federal or state privilege law governs the admissibility of evidence of an alleged settlement reached during mediation of federal and state law claims. We conclude that federal privilege law governs, but that the County waived any available privilege; therefore, we affirm the district court's enforcement of the settlement agreement reached in mediation.

I.

Plaintiffs Mary Rose...

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