Pizana v. Sanmedica International LLC

Filing 165

STIPULATION AND ORDER RE: AMENDMENT TO PROTECTIVE ORDER RE: CONFIDENTIAL MATERIALS. Order signed by Magistrate Judge Sheila K. Oberto on 8/18/2021. (Kusamura, W)

Case 1:18-cv-00644-DAD-SKO Document 165 Filed 08/19/21 Page 1 of 7
1
2
3
4
5
6
7
8
9
10
11
12
13

EARLY SULLIVAN WRIGHT
GIZER & McRAE LLP
Stephen Y. Ma, State Bar Number 214998
[e-mail]
Lisa L. Boswell, State Bar Number 190304
[e-mail]
6420 Wilshire Boulevard, 17th Floor
Los Angeles, California 90048
Telephone: [phone]
Facsimile: [phone]

CLARKSON LAW FIRM, PC
Ryan J. Clarkson (SBN 257074)
[e-mail]
Shireen M. Clarkson (SBN 237882)
[e-mail]
Katherine A. Bruce (SBN 288694)
[e-mail]
9255 Sunset Blvd., Suite 804
Los Angeles, California 90069
Phone: [phone]
Fax: [phone]

PRICE PARKINSON & KERR, PLLC
STEVEN GARFF (SBN 268074)
[e-mail]
JASON M. KERR (pro hav vice)
[e-mail]
RONALD F. PRICE (pro hav vice)
[e-mail]
DAVID R. PARKINSON (pro hav vice)
[e-mail]
5742 West Harold Gatty Drive Suite 101
Salt Lake City, Utah 84116
Phone: [phone]
Fax: [phone]

TYCKO & ZAVAREEL, LLO
Annick M. Persinger (SBN 272996)
[e-mail]
Mallory Morales (SBN 257074)
[e-mail]
1970 Broadway, Suite 1070
Oakland, California 94612
Phone: [phone]
Fax: [phone]
Counsel for Plaintiff Paul Pizana and
Putative Class Members

14
15

Counsel for Defendant SanMedica
International, LLC

16

IN THE UNITED STATES DISTRICT COURT

17

EASTERN DISTRICT OF CALIFORNIA

18
19

RAUL PIZANA, an individually and on
behalf of all others similarly situated,
Plaintiff,

20
21
22
23
24

vs.
SANMEDICA INTERNATIONAL, LLC, a
Utah Limited Liability Company, and
DOES, 1-10, inclusive,
Defendants.

Case No.: 18-CV-00644-DAD-SKO
Case Filed: 5/9/2018
FAC Filed: 6/30/2018
SAC Filed: 11/13/2019
Hon. Judge Dale A. Drozd, USDJ
Hon. Sheila K. Oberto, USMJ
STIPULATION AND ORDER RE:
AMENDMENT TO PROTECTIVE
ORDER RE: CONFIDENTIAL
MATERIALS

25

(Doc. 164)
26
27
28

-1STIPULATED ORDER TO AMEND PROTECTIVE ORDER RE: CONFIDENTIAL
MATERIALS

Case 1:18-cv-00644-DAD-SKO Document 165 Filed 08/19/21 Page 2 of 7
1

Plaintiff Raul Pizana (“Plaintiff”) and Defendant Sanmedica International, LLC

2

(“Defendant”) (collectively, the “Parties”) by and through their respective counsel of record, enter

3

into the following stipulation to amend the Protective Order filed on April 10, 2020 (Pizana Action,

4

ECF 76):

5
6

RECITALS
1.

WHEREAS, on May 9, 2018, Raul Pizana, by and through Plaintiff’s counsel of

7

record at Clarkson Law Firm, P.C. and Tycko & Zavareei, LLP, filed a putative class action against

8

Defendant, represented by Defendant’s counsel of record at Price, Parkinson & Kerr, PLLC, as

9

well as local counsel at Early Sullivan Wright Gizer & McRae LLP, pending in the United States

10

District Court for the Eastern District of California, entitled Pizana v. SanMedica International,

11

LLC, Case No. 18-CV-00644, to assert claims on behalf of Plaintiff and California consumers,

12

regarding Defendant’s alleged false advertising of an oral amino acid dietary supplement called

13

SeroVital that increases growth hormone, which in turn provides related anti-aging benefits (the

14

“Pizana Action”);

15

2.

WHEREAS, on November 13, 2019, Holly Deibler, by and through Plaintiff’s

16

counsel of record at Clarkson Law Firm, P.C. and Tycko & Zavareei, LLP, as well as local counsel

17

at Miller Shah LLP, filed a putative class action against Defendant, represented by Defendant’s

18

counsel of record at Price, Parkinson & Kerr, PLLC, as well as local counsel at Newman, Simpson

19

& Cohen, LLP, pending in the United States District Court for the District of New Jersey, entitled

20

Deibler v. SanMedica International, LLC, Case No. 1:19-CV-20155, to assert claims on behalf of

21

Ms. Deibler and New Jersey consumers, regarding Defendant’s alleged false advertising of an oral

22

amino acid dietary supplement called SeroVital that increases growth hormone, which in turn

23

provides related anti-aging benefits (the “Deibler Action”);

24

3.

WHEREAS, the Protective Order entered in the Pizana Action on April 10, 2020

25

(Pizana Action, ECF 76) governs the permissible use and disclosure of materials designated as

26

confidential and, among other things, prohibits its use for any purpose other than the prosecution,

27

defense, appeal or settlement of the Pizana Action (id. at ¶ 3) (hereinafter the “Pizana Protective

28

Order”);
-2STIPULATED ORDER TO AMEND PROTECTIVE ORDER RE: CONFIDENTIAL
MATERIALS

Case 1:18-cv-00644-DAD-SKO Document 165 Filed 08/19/21 Page 3 of 7
1

4.

WHEREAS, the Discovery Confidentiality Order entered in the Deibler Action on

2

November 4, 2020 (Deibler Action, ECF 47) governs the permissible use and disclosure of

3

materials designated as confidential and, among other things, prohibits its use for any purpose other

4

than the prosecution or defense of the Deibler Action (id. at ¶ 3) (hereinafter the “Deibler

5

Discovery Confidentiality Order”);

6

5.

WHEREAS, the parties in the Pizana Action and the Deibler Action have met and

7

conferred through counsel of record at Clarkson Law Firm, P.C. and Tycko & Zavareei, LLP for

8

the plaintiffs, and Price Parkinson & Kerr, PLLC for Defendant, on March 31, 2021, April 9, 2021,

9

April 14, 2021, and April 16, 2021, among other dates, regarding reducing litigation costs and

10

attorney-hours through the avoidance of unnecessary duplication of discovery by using discovery

11

taken in the Pizana Action as though it were taken in the Deibler Action, and vice versa, to the

12

same extent as it would be so usable had it been taken in the either of the actions, including the use

13

of materials marked confidential under the terms of the Pizana Protective Order or the Deibler

14

Discovery Confidentiality Order;

15

6.

WHEREAS, the parties in the Pizana Action and the Deibler Action, by and through

16

their respective counsel, have agreed to use in the Deibler Action Defendant’s Rule 30(b)(6)

17

depositions1 taken in the Pizana Action, which may have been marked as “confidential” or

18

“attorneys eyes only” (see Deibler Action, Order 4/19/2021, ECF 81, at ¶ 4 (“The parties have

19

represented that the deposition testimony of the Fed. R. Civ. P. 30(b)(6) witnesses in the Pizana

20

matter shall be used in this case by consent.”)); and

21

7.

WHEREAS, amendments to the Pizana Protective Order are necessary to permit

22

the use of Defendant’s Rule 30(b)(6) depositions designated as “confidential” and/or “attorneys’

23

eyes only” in the Deibler Action, and the potential unsealing of those documents by the court

24

therein, without potentially violating the terms of the Pizana Protective Order (see Deibler Action,

25

Order 8/6/2021, ECF 120, at ¶ 1);

26
27
28

1

To date, said depositions include Alexis Timpson (9/8/2020), Matthew Draper (9/9/2020), Brad
Skinner (9/10/2020), James Kreeck, Vol. 1 (9/14/2020), Evan Strassberg (9/25/2020), Amy Heaton
(11/17/2020), Brokk Mowrey (11/18/2020), Gina Daines, Vol. 1 (11/19/2020), Gina Daines, Vol.
2 (11/30/2020), James Kreeck, Vol. 2 (12/8/2020), and Gina Daines, Vol. 3 (2/11/2020).
-3STIPULATED ORDER TO AMEND PROTECTIVE ORDER RE: CONFIDENTIAL
MATERIALS

Case 1:18-cv-00644-DAD-SKO Document 165 Filed 08/19/21 Page 4 of 7
1
2
3
4
5
6
7
8

STIPULATION
8.

THEREFORE, the parties hereby further stipulate and agree:
i.

Paragraph three (3) in the Pizana Protective Order shall be amended to read:

Confidential Information shall not be used or disclosed for any purpose other than
the prosecution, defense, appeal or settlement of this action and the related action
entitled Deibler v. SanMedica International, LLC, Case No. 1:19-CV-20155,
presently pending before the United States District Court for the District of New
Jersey. Any use of such information for any other purpose, or any disclosure of
such information to anyone not authorized under this Protective Order, is expressly
prohibited and would constitute a material breach of this Order.
ii.

Explicit references to the Pizana Action, judge, and/or court in the Pizana

9

Protective Order, including the use of pronouns such as “this action,” “this

10

litigation”, “the Court,” the “Eastern District of California,” and similar

11

terms intended to refer to the matter and the presiding judge or court, shall

12

be amended and read to include both the Pizana Action and the Deibler

13

Action, and their respective judges, courts, and the jurisdictions of the

14

Eastern District of California and District of New Jersey for the United

15

States District Court;

16

iii.

The Pizana Protective Order shall be amended and read to permit the use of

17

materials marked as “confidential” or “attorneys’ eyes only” for the purpose

18

of prosecuting or defending the Pizana Action and/or Deibler Action, in

19

their entirety, including any settlement or appeals, without violating the

20

Pizana Protective Order;

21

iv.

The Pizana Protective Order shall be amended and read to permit the courts

22

in the Pizana Action and Deibler Action to issue rulings regarding the

23

confidentiality and sealing of materials marked as “confidential” or

24

“attorneys’ eyes only” under the terms of the Pizana Protective Order,

25

pursuant to the procedural rules governing the respective actions, including

26

L.R. 141 and 14.1 of the United States District Court for the Eastern District

27

of California and L. Civ. R. 5-3 of the United States District Court for the

28

-4STIPULATED ORDER TO AMEND PROTECTIVE ORDER RE: CONFIDENTIAL
MATERIALS

Case 1:18-cv-00644-DAD-SKO Document 165 Filed 08/19/21 Page 5 of 7
1

District of New Jersey governing motions to seal and confidentiality, if said

2

issues are brought before the court in either action for adjudication; and

3

v.

Any court rulings rendered with respect to the confidentiality and/or sealing

4

of materials marked as “confidential” or “attorneys’ eyes only” shall be

5

binding only in the action in which the ruling was rendered.

6

IT IS SO STIPULATED.

7
8

Respectfully submitted,
Dated: August 16, 2021

9
10
11
12
13

/s/ Katherine A. Bruce
CLARKSON LAW FIRM, PC
Ryan J. Clarkson (SBN 257074)
[e-mail]
Shireen M. Clarkson (SBN 237882)
[e-mail]
Katherine A. Bruce (SBN 288694)
[e-mail]
9255 Sunset Blvd., Suite 804
Los Angeles, California 90069
Phone: [phone]
Fax: [phone]

14

TYCKO & ZAVAREEL, LLO
Annick M. Persinger (SBN 272996)
[e-mail]
Mallory Morales (SBN 257074)
[e-mail]
1970 Broadway, Suite 1070
Oakland, California 94612
Phone: [phone]
Fax: [phone]

15
16
17
18
19

Attorneys for Plaintiff Paul Pizana and Putative Class
Members

20
21
22
23
24
25
26
27
28

Dated: August 16, 2021

/s/ Jason M. Kerr
PRICE PARKINSON & KERR, PLLC
Steven Garf (SBN 268074)
[e-mail]
Jason M. Kerr (pro hav vice)
[e-mail]
Ronald F. Price (pro hav vice)
[e-mail]
David R. Parkinson (pro hav vice)
[e-mail]
5742 West Harold Gatty Drive Suite 101
Salt Lake City, Utah 84116
Phone: [phone]
Fax: [phone]
-5STIPULATED ORDER TO AMEND PROTECTIVE ORDER RE: CONFIDENTIAL
MATERIALS

Case 1:18-cv-00644-DAD-SKO Document 165 Filed 08/19/21 Page 6 of 7
1
2
3
4
5
6

EARLY SULLIVAN WRIGHT
GIZER & McRAE LLP
Stephen Y. Ma, State Bar Number 214998
[e-mail]
Lisa L. Boswell, State Bar Number 190304
[e-mail]
6420 Wilshire Boulevard, 17th Floor
Los Angeles, California 90048
Telephone: [phone]
Facsimile: [phone]

7

Attorneys for Defendant SanMedica International, LLC
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-6STIPULATED ORDER TO AMEND PROTECTIVE ORDER RE: CONFIDENTIAL
MATERIALS

Case 1:18-cv-00644-DAD-SKO Document 165 Filed 08/19/21 Page 7 of 7
1

ORDER

2

Based on the Parties’ above stipulation (Doc. 164), and for good cause shown, IT IS

3

HEREBY ORDERED that the Protective Order in this action (the “Pizana Protective Order”) (Doc.

4

76) is amended consistent with the Parties’ stipulation to permit, without violating the terms of the

5

Pizana Protective Order: (i) the use of materials marked as “confidential” or “attorneys’ eyes only”

6

for the purpose of prosecuting or defending this action and the Deibler Action, entitled Deibler v.

7

SanMedica International, LLC, United States District Court for the District of New Jersey Case No.

8

1:19-CV-20155, in their entirety, including any settlement or appeals; and (ii) the courts presiding

9

over this action and the Deibler Action to rule upon issues brought before them regarding the

10

confidentiality and sealing of said materials pursuant to the procedural rules governing the

11

respective courts, and said rulings shall be binding only in the action in which the ruling was

12

rendered.

13
14
15
16

IT IS SO ORDERED.
Dated:

August 18, 2021

/s/ Sheila K. Oberto

.

UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28

-7STIPULATED ORDER TO AMEND PROTECTIVE ORDER RE: CONFIDENTIAL
MATERIALS