George V DeMarco et al v. Barnes Associates, Inc. et al

Filing 81

ORDER ON STIPULATION FOR PROTECTIVE ORDER RE: CERTAIN FINANCIAL INFORMIATION by Judge Philip S. Gutierrez re Stipulation for Protective Order 80 . (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)

1
2
3
4
5
6

JOHN S. MANZANO (State Bar No. 170546)
JOSEPH D. GUMINA (State Bar No. 288834)
Minaret Legal Services, APC
[e-mail]
181 Sierra Manor Road, #4
P.O. Box 8931
Mammoth Lakes, CA 93546
Telephone: [phone]
Facsimile: [phone]

E-FILED 04/29/13

7
8

Attorneys for Plaintiff

9
10

UNITED STATED DISTRICT COURT

11

CENTRAL DISTRICT OF CALIFORNIA

12
13
14

JAMES P. DEMARCO, an individual,
and as Trustee for the DeMarco Family
2002 Trust,

15

Plaintiff,

16
17

v.

18
19
20
21

BARNES ASSOCIATES, INC., a
Missouri corporation; MICHAEL
BARNES, an individual; and MARK
GRONOWSKI, an individual,
Defendants.

22
23

Case No.: 2:11-CV-02683-PSG-SS
Assigned for all purposes to:
Hon. Philip S. Gutierrez, Judge
Dept. 880
[PROPOSED] ORDER ON
STIPULATION FOR PROTECTIVE
ORDER RE; CERTAIN FINANCIAL
INFORMATION
Complaint filed:
Discovery Cutoff:
Pretrial Conference:
Trial date:

March 30, 2011
March 19, 2013
June 10, 2013
June 25, 2013

THIS MATTER having come before the Court on joint Stipulation of the parties

24
25

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

hereto, and for good cause appearing therefrom;
IT IS ORDERED as follows:

26
27

1.

Forthwith on entry of the Court’s order approving this Stipulation, each

28

Defendant shall deliver to counsel for Plaintiff, a statement of such Defendant’s assets,
-12:11-CV-02683-PSG-SS

1

liabilities and net worth, setting forth only such of each Defendant’s assets as are

2

subject to execution under the laws of either the State of Illinois (in the case of

3

Defendant MARK GRONOWSKI), or the State of Missouri (in the case of all other

4

Defendants), and identifying any categories of assets that were excluded from this

5

statement as not subject to execution, together with a declaration under penalty of

6

perjury under the laws of the State of California to the effect that the said statement is

7

true, complete and correct (collectively, the “Statements”).

8

2.

9

accepts such delivery as a full, complete and satisfactory response to Interrogatory

Concurrently with the delivery of the Statements to Plaintiff’s counsel, Plaintiff

10

Nos. 1 through 22 of: (a) Plaintiff James P. DeMarco’s Interrogatories to Defendant

11

Barnes Associates, Inc, Set One, dated February 15, 2013; (b) Plaintiff James P.

12

DeMarco’s Interrogatories to Defendant Michael Barnes, Set One, dated February 15,

13

2013; and (c) Plaintiff James P. DeMarco’s Interrogatories to Defendant Mark

14

Gronowski, Set One, dated February 15, 2013.

15

3.

16

Without limiting the generality of the foregoing, and subject to the provisions of

17

Section 4 hereof, counsel shall not disclose any such Statement, or any part thereof, or

18

any information contained therein, to any third party; including, without limitation,

19

counsel’s client, Plaintiff James P. DeMarco.

20

4.

21

except as follows:

Counsel for Plaintiff shall hold each and every Statement in strict confidence.

Counsel may not use any Statement for any purpose whatsoever, save and

22

(a) Counsel may use each Statement solely in connection with the negotiation,

23

drafting, execution and delivery of an agreement settling this action; and

24

(b) Counsel may use each Statement solely at trial of this action if and only if the

25

trier of fact shall have previously and expressly found that the Defendant

26

whose Statement Counsel seeks to use at trial acted with malice, fraud or

27

oppression.

28

Counsel shall not use any of the Statements for any purpose other than those
-22:11-CV-02683-PSG-SS

1

expressly set forth in this Section 4.

2

5.

3

Statements, then Plaintiff’s counsel shall, promptly and before making any such

4

disclosure, notify Defendants’ counsel of the foregoing. Plaintiff’s counsel shall not

5

produce any of the said Statements until Defendants’ counsel shall have had

6

reasonable time to object or take other appropriate steps to protect the same.

7

6.

8

aware of any disclosure of any Statement or of any information contained therein other

9

than in accordance with this Stipulation. The said notice shall include all facts

If Plaintiff’s counsel is compelled by any legal process to disclose any of the

Plaintiff’s counsel shall notify Defendants’ counsel promptly on becoming

10

pertinent to the disclosure that are known after due diligence and prompt investigation;

11

including, without limitation, the name, address and employer of the person to whom

12

the disclosure was made. Plaintiff’s counsel shall immediately take all reasonable

13

efforts to prevent further disclosure of the Statements and shall fully cooperate with

14

Defendants’ counsel to protect the Statements and the information contained therein.

15

7.

16

Defendants’ counsel, Plaintiff’s counsel shall promptly assemble and return to

17

Defendants’ counsel, the original and all copies of each and every Statement then in

18

counsel’s possession, custody or control; together with all notes, compilations or

19

summaries made therefrom. On receipt, Defendants’ counsel shall acknowledge receipt

20

of the same in writing. Alternatively, with Defendants’ counsel’s prior written

21

consent, Plaintiff’s counsel may destroy or arrange for the destruction of all of the

22

foregoing material and certify to Defendants’ counsel in writing that all of the said

23

material in Plaintiff’s counsel’s possession, custody or control has been destroyed.

24

8.

25

counsel’s clients with respect to this action and, in the course thereof, relying on any of

26

the Statements or any information contained therein; provided, that counsel shall not

27

disclose any such material.

28

9.

On the final termination of this action, unless otherwise agreed in writing by

Nothing in this Stipulation shall bar any counsel from rendering advice to such

The parties retain the right to apply to the Court for a modification of this
-32:11-CV-02683-PSG-SS

1

Stipulation, for good cause.

2

10.

3

any objection heretofore raised by such Defendant to any and all Interrogatories other

4

than those numbered from 1 to and including 22. Each of the Defendants expressly

5

reserves each and all of such objections..

Nothing herein is intended by any party hereto as a waiver by any Defendant of

6
7
8
9
10

Dated: April___, 2013
25

_____________________________
U.S. District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-42:11-CV-02683-PSG-SS