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

Filing 81


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1 2 3 4 5 6 JOHN S. MANZANO (State Bar No. 170546) JOSEPH D. GUMINA (State Bar No. 288834) Minaret Legal Services, APC 181 Sierra Manor Road, #4 P.O. Box 8931 Mammoth Lakes, CA 93546 Telephone: (760) 934-4660 Facsimile: (760) 924-7992 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

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