Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Filing 43

STIPULATION and ORDER REGARDING NONDISCLOSURE 42 signed by Judge Frank C. Damrell, Jr on 4/24/08. (Mena-Sanchez, L)

Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Doc. 43

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Bingham McCutchen LLP CHARLENE S. SHIMADA (SBN 91407) [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 Alston Hunt Floyd & Ing PAUL ALSTON (Admitted Pro Hac Vice) CLYDE J. WADSWORTH (SBN 118928) [e-mail] [e-mail] 18th Floor American Savings Bank Tower 1001 Bishop Street Honolulu, HI 96813 Telephone: [phone] Facsimile: 808-524-4591 Attorneys for Defendants and Crossclaim Defendants KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ERIC GRANT, Plaintiff, v. KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate; JOHN DOE; and JANE DOE, Defendants. JOHN DOE and JANE DOE, Cross and Counter-Claimants, v. KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/ Bernice Pauahi Bishop Estate; and ERIC GRANT, Crossclaim Defendants.
STIPULATION AND ORDER REGARDING NONDISCLOSURE, Case No. 08-00672 FCD-KJM

No. 08-00672 FCD-KJM STIPULATION AND ORDER REGARDING NONDISCLOSURE

Dockets.Justia.com

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James Banks, counsel for Plaintiff/Counter-Claim Defendant Eric Grant; Jerry Stein, counsel for Defendant/Counter- and Cross-Claimants John and Jane Doe (together, "the Does"); and Paul Alston, Charlene S. Shimada and Robert A. Brundage, counsel for Defendants and Crossclaim Defendants Kamehameha Schools/Bernice Pauahi Bishop Estate and J. Douglas Ing, Nainoa Thompson, Diane J. Plotts, Robert K.U. Kihune, and Corbett A.K. Kalama, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate (collectively, "Kamehameha Schools") came before the Court for hearing on April 17, 2008. After discussion, the Parties agreed as follows: 1. Pending further order of the Court, Kamehameha Schools will not, directly or indirectly, disclose the identities of one or both of the Does. Provided, however, that nothing herein will limit Kamehameha Schools' rights to seek this Court's approval for any disclosure authorized under the May 2007 Settlement Agreement. 2. Kamehameha Schools may move for an order permitting disclosure upon notice briefing and hearing. Kamehameha Schools will not seek to have any hearing on such a motion held on shortened notice unless the disclosure is a compulsory disclosure (i.e., for regulatory reasons, in response to a subpoena, or other court order) and circumstances beyond Kamehameha Schools' ability to control prevent approval on a noticed motion set in the ordinary course without shortening time. Kamehameha Schools will give counsel for the Does and Grant immediate written notice of any circumstance which might necessitate such shortened notice. 3. All of Kamehameha Schools' objections to personal and subject matter jurisdiction are preserved and this stipulation shall not prejudice Kamehameha Schools in any way with respect thereto. Kamehameha Schools' right to object to venue and seek a transfer of venue of this case pursuant to 28 U.S.C. § 1404 et seq. is similarly preserved intact. 4. Counsel for Kamehameha Schools, without waiving any of the rights and objections retained in the preceding paragraph, will forthwith waive service of Grant's complaint pursuant to Federal Rule of Civil Procedure 4(d). Kamehameha Schools shall answer, move or otherwise respond to both the complaint and the Does' crossclaim on or before June 9, 2008, unless the parties hereafter agree otherwise.
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STIPULATION AND ORDER REGARDING NONDISCLOSURE, Case No. 08-00672 FCD-KJM

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5. Nothing herein shall be interpreted or applied to prejudice any party's substantive or procedural claims, rights, or defenses in any way.

DATED: April 23, 2008

Bingham McCutchen LLP By: /s/ Charlene S. Shimada Charlene S. Shimada Attorneys for Defendants and Crossclaim Defendants KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate

DATED: April 23, 2008

Alston Hunt Floyd & Ing By: /s/ Paul Alston Paul Alston Attorneys for Defendants and Crossclaim Defendants KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate

DATED: April 23, 2008

Levin & Stein By: /s/ Jerry H. Stein Jerry H. Stein Attorneys for Defendants, Counter-Claimants and Cross-Claimants JOHN DOE and JANE DOE

DATED: April 23, 2008

Banks & Watson By: /s/ James J. Banks James J. Banks Attorneys for Plaintiff and Counter-Defendant ERIC GRANT

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STIPULATION AND ORDER REGARDING NONDISCLOSURE, Case No. 08-00672 FCD-KJM

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IT IS SO ORDERED. DATED: April 24, 2008 By:

HON. FRANK C. DAMRELL, JR. United States District Judge

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STIPULATION AND ORDER REGARDING NONDISCLOSURE, Case No. 08-00672 FCD-KJM