Gallion v. Apple, Inc

Filing 51

STIPULATION AND ORDER RE 50 NOTICE OF ADOPTION BY NON-PARTY 3M COMPANY OF TERMS OF STIPULATED PROTECTIVE ORDER FILED NOVEMBER 2, 2010. Signed by Judge Richard Seeborg on 5/31/11. (cl, COURT STAFF) (Filed on 5/31/2011)

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*E-Filed 5/31/11* 1 2 3 4 5 6 7 8 9 10 Jeffrey L. Fazio (146043) jlf@fazmiclaw.com Dina E. Micheletti (184141) dem@fazmiclaw.com FAZIO | MICHELETTI LLP 2410 Camino Ramon, Suite 315 San Ramon, CA 94583 T: 925-543-2555 F: 925-369-0344 Steven A. Schwartz (pro hoc vice) SAS@chimicles.com Timothy N. Mathews (pro hoc vice) TNM@chimicles.com CHIMICLES & TIKELLIS LLP 361 W. Lancaster Avenue Haverford, PА 19041 Telephone: (610) 642-8500 Interim Co-Lead Class Counsel 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 IN RE APPLE IPHONE/IPOD WARRANTY LITIGATION No. CV 10-01610-RS 17 This Document Relates To: 18 ALL ACTIONS NOTICE OF ADOPTION BY NON-PARTY 3M COMPANY OF TERMS OF STIPULATED PROTECTIVE ORDER FILED NOVEMBER 2, 2010, AS MODIFIED; STIPULATION AND [PROPOSED] ORDER 15 16 19 20 21 22 23 24 25 26 27 28 1 Notice of Adoption by Non-Party 3M Company of Terms of Stipulated Protective Order Filed 11/2/2010, as Modified; Stipulation and [Proposed] Order, Case No. 3:10-cv-01610-RS 1 Pursuant to paragraph 34 of the Stipulated Protective Order filed on November 2, 2 2010 (Dock. No. 29), 3M Company, a non-party who has been served with a subpoena in 3 these proceedings, hereby adopts the provisions of the Stipulated Protective Order, as 4 modified herein. 5 By and through their counsel, the parties and 3M Company agree that the 6 language set forth below shall be deemed added to paragraphs 28, 32 and 37 of the 7 Stipulated Protective Order for purposes of 3M’s production only (new language 8 underscored): 9 28. Without written permission from the Designating Party or a court order 10 secured after appropriate notice to all interested persons, a Party may not 11 file in the public record in this action any Protected Material. A Party that 12 seeks to file under seal any Protected Material must comply with Civil 13 Local Rule 79-5. Protected Material may only be filed under seal pursuant 14 to a court order authorizing the sealing of the specific Protected Material 15 at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only 16 upon a request establishing that the Protected Material at issue is 17 privileged, protectable as a trade secret, or otherwise entitled to protection 18 under the law. If a Receiving Party’s request to file Protected Material 19 under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, 20 then the Receiving Party may file the information in the public record 21 pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the 22 court. If, pursuant to Civil Local Rule 79-5, a Receiving Party files an 23 Administrative Motion to File Under Seal that seeks an order sealing any 24 Protected Material produced by non-party 3M Company, that Receiving 25 Party shall serve that Motion on counsel for 3M Company. 26 27 28 32. This Protective Order is not intended to govern the use of Protected Material at evidentiary hearings or at the trial of this action. Procedures 2 Notice of Adoption by Non-Party 3M Company of Terms of Stipulated Protective Order Filed 11/2/2010, as Modified; Stipulation and [Proposed] Order, Case No. 3:10-cv-01610-RS 1 governing the use of Protected Material at evidentiary hearings and at trial, 2 if necessary, will be established by separate order. If an evidentiary 3 hearing or trial has been scheduled at which Protected Material produced 4 by non-party 3M Company might potentially be used by a Receiving 5 Party, that Receiving Party shall notify 3M’s counsel of the originally- 6 scheduled date of that evidentiary hearing or trial. For evidentiary 7 hearings, if the hearing date was scheduled by noticed motion (either on 8 regular notice under the applicable Rules or otherwise as the Court may 9 order), then such notice shall be provided to 3M’s counsel simultaneously 10 with the original notice, if the Receiving Party is the moving party, or 11 simultaneously with the opposition papers, if the Receiving Party is the 12 opposing party. For all other evidentiary hearings, the Receiving Party 13 shall notify 3M’s counsel as soon as practicable after the hearing date is 14 originally scheduled by the Court. For trial, such notice shall be provided 15 within 30 days of the originally-scheduled trial date. 16 37. No restriction imposed by this Protective Order may be terminated, except 17 by a written stipulation executed by counsel of record for all parties, or by 18 an order of this Court for good cause shown. The termination of this action 19 shall not terminate the obligations specified in this Protective Order. All 20 Protected Material produced by non-party 3M Company shall be 21 destroyed within 180 days following the conclusion of all Related Cases. 22 For purposes of this paragraph, “conclusion” means the last day to file a 23 petition for a writ of certiorari with the United States Supreme Court 24 challenging the last order entered by any lower court in any of the Related 25 Cases, or the date on which such a petition is denied. 26 27 28 3 Notice of Adoption by Non-Party 3M Company of Terms of Stipulated Protective Order Filed 11/2/2010, as Modified; Stipulation and [Proposed] Order, Case No. 3:10-cv-01610-RS 1 IT IS SO STIPULATED. 2 3 Dated: May 27, 2011 3M COMPANY 4 5 By 6 /s/ Alpha Khaldi Alpha Khaldi Counsel for Non-Party 3M Company 7 8 9 Dated: May 27, 2011 FAZIO | MICHELETTI LLP 10 By 11 12 13 /s/ Jeffrey L. Fazio Jeffrey L. Fazio Interim Co-Lead Class Counsel Dated: May 27, 2011 CHIMICLES & TIKELLIS LLP 14 15 16 By /s/ Steven A. Schwartz Steven A. Schwartz 17 Interim Co-Lead Class Counsel 18 19 Dated: May 27, 2011 MORRISON FОЕRSТER LLP 20 21 By 22 /s/Andrew D. Muhlbach Andrew D. Muhlbach Attorneys for Defendant Apple, Inc. 23 24 25 26 27 28 4 Notice of Adoption by Non-Party 3M Company of Terms of Stipulated Protective Order Filed 11/2/2010, as Modified; Stipulation and [Proposed] Order, Case No. 3:10-cv-01610-RS 1 ATTESTATION OF FILER 2 I, Kimberly A. Kralowec, hereby attest that concurrence in the filing of this 3 document has been obtained from each of the other signatories. See N.D. Cal. Gen. 4 Order No. 45, para. X(B). 5 Dated: May 27, 2011 6 By: /s/ Kimberly A. Kralowec Kimberly A. Kralowec THE KRALOWEC LAW GROUP 7 8 9 10 11 12 ORDER IT IS SO ORDERED. 31 Dated: May ___, 2011 13 Hon Richard Seeborg Judge of the District Court 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Notice of Adoption by Non-Party 3M Company of Terms of Stipulated Protective Order Filed 11/2/2010, as Modified; Stipulation and [Proposed] Order, Case No. 3:10-cv-01610-RS DCACTIVE-14629550.1