Johnson et al v Couturier, Jr. et al

Filing 802

ORDER signed by Magistrate Judge Kendall J. Newman on 5/11/18 GRANTING 798 Motion to modify the protective order. The May 17, 2018 hearing is VACATED. (Kaminski, H)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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GREGORY JOHNSON, WILLIAM
RODWELL AND EDWARD RANGEL,
Plaintiffs,

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v.

CLAIR R. COUTURIER, JR., DAVID R.
JOHANSON, ROBERT E. EDDY AND
THE NOLL MANUFACTURING
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COMPANY EMPLOYEE STOCK
OWNERSHIP PLAN AND TRUST,
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Case No. 2:05-CV-02046 WBS-KJN
Hon. Kendall J. Newman

ORDER GRANTING DEFENDANT
CLAIR COUTURIER’S MOTION
TO MODIFY THE PROTECTIVE
ORDER

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Defendants.
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ORDER GRANTING MOTION TO
MODIFY PROTECTIVE ORDER

Case No. 2:05-CV-02046-WBS-KJN

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ORDER
Defendant Clair R. Couturier, Jr., a party to the protective order entered on

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February 22, 2006 (ECF No. 24) (“Protective Order”), has moved to modify, or in

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the alternative, vacate the Protective Order. (ECF No. 798.) A hearing on the

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motion was noticed for May 17, 2018. (Id.) In accordance with Local Rule

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230(c), any opposition to the motion was due fourteen (14) days prior to the

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hearing, i.e., on May 3, 2018. No opposition to the motion was filed.

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In his motion, defendant Couturier essentially requests modification of the

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Protective Order to allow him to use documents produced subject to the Protective

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Order in a Tax Court Proceeding he initiated against the Internal Revenue Service.

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According to the motion, plaintiffs’ counsel authorized Mr. Couturier’s counsel to

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state that plaintiffs have no objections to the proposed modifications, but would

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object to vacating the Protective Order. Counsel for defendant Johanson

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purportedly represented that Mr. Johanson had no position on the relief sought.

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According to Mr. Couturier’s counsel, he received no reply from counsel for the

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defendant corporate entities TEOHC Corporation, Noll Manufacturing Company,

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Inc., and Noll Manufacturing Company Employee Stock Ownership Plan and

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Trust, which have all been dissolved. Additionally, defendant Robert Eddy died in

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2010, and there is apparently no known counsel representing his interests.

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ORDER GRANTING MOTION TO
MODIFY PROTECTIVE ORDER

Case No. 2:05-CV-02046 WBS-KJN

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In light of counsel for defendant Couturier’s representations and the failure

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of any party to file an opposition to defendant Couturier’s noticed motion, the

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court finds it appropriate to submit the motion without a hearing pursuant to Local

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Rule 230(g) and grant the motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The May 17, 2018 hearing is VACATED.

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2. Defendant Couturier’s motion to modify the protective order (ECF No.

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798) is GRANTED.

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3. The Protective Order is modified (1) to include the Internal Revenue

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Service, its employees, and its agents as parties who may receive

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documents designated “Confidential” or “Attorney’s Eyes Only”

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pursuant to the protective order and (2) to include the United States Tax

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Court proceeding entitled Couturier v. Commissioner, Case No. 019714-

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16 (filed September 7, 2016), as a proceeding in which such materials

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may be used pursuant to the protective order.

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IT IS SO ORDERED.

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Dated: May 11, 2018

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ORDER GRANTING MOTION TO
MODIFY PROTECTIVE ORDER

Case No. 2:05-CV-02046 WBS-KJN