Newcal Industries, Inc. et al v. Ikon Office Solutions, Inc., et al

Filing 162

ORDER re (84 in 3:10-cv-05974-JSW) Proposed Order,, filed by Documation of East Texas, Inc., General Electric Capital Corporation, New England Copy Specialists, Inc., Metro Sales Inc., Copytex, Inc., Global Services, LLC, ASI Busines s Solutions, Ltd., Ray Morgan Company, Documation of San Antonio, Inc., Documation of North Texas, Inc., IKON Office Solutions, Inc., Simile Imaging Solutions, Wood Business Systems, Documation of Austin, Inc., (161 in 3:04-cv-02776-JSW ) Proposed Order, filed by General Electric Capital Corporation, CPO, Ltd., Pinnacle Document Systems, Inc., Pacific Office Automatic, Inc., Ikon Office Solutions, Inc.,, Kearns Business Solutions, Inc., Newcal Industries, Inc.. Signed by Judge Beeler on 4/25/2012. (lblc1, COURT STAFF) (Filed on 4/25/2012)

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James A. Hennefer (SBN 059490)
HENNEFER, FINLEY & WOOD, LLP
425 California Street, 19th Floor
San Francisco, CA 94104-2296
Telephone: [phone]
[e-mail]

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Maxwell M. Blecher (SBN 026202)
Donald R. Pepperman (SBN109809)
BLECHER & COLLINS, P.C.
515 South Figueroa, Suite 1750
Los Angeles, CA 90071
Telephone: [phone]
[e-mail]

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Attorneys for Plaintiffs
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiffs,
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v.
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IKON OFFICE SOLUTIONS, et al.
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Defendants.
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____________________________________ )
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GLOBAL SERVICES, LLC, et al.,
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Plaintiffs,
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v.
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IKON OFFICE SOLUTIONS, et al.,
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Defendants.
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___________________________________ )
NEWCAL INDUSTRIES, INC., et al.,

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No. C 04-2776-JSW
[PROPOSED] ORDER RE
DISCOVERY OF
CUSTOMER INFORMATION

No. C 10-5947- JSW
[PROPOSED] ORDER RE
DISCOVERY OF
CUSTOMER INFORMATION
Magistrate Judge Laurel Beeler

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By Order of Referral on January 4, 2012, Judge Jeffrey S. White referred all discovery matters in the

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two above-captioned, related cases, NewCal, Industries, Inc. et al. v. IKON Office Solutions, Inc. et al.

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[PROPOSED] ORDER
RE DISCOVERY OF
CUSTOMER INFORMATION

NewCal Industries, Inc., et al. v. IKON Office Solutions, Inc., et al.
Case No. C-04-2776 JSW
Global Services, LLC. et al. v. IKON Office Solutions, Inc. et al.
Case No. C-10-5974 JSW
-1-

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Case, No. C-04-2776 JSW (“NewCal”) and Global Services LLC, et al. v. IKON Office Solutions, Inc.

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et al., Case, No. C-10-5874 JSW, (“Global Services”) to a randomly assigned Magistrate Judge. (Doc.

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No. 140) By Referral Order (ECF No. 140 at 1) on January 13, 2012, Magistrate Judge Laurel Beeler

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was assigned to the cases for all discovery matters.

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On April 25, 2012 at 11:00 a.m., at the joint request of the parties, filed in NewCal as Doc. No.

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159 and in Global Services as Doc. No. 82, Judge Beeler held a telephonic discovery hearing

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(“Hearing”) regarding the issue of discovery of defendants’ customers’ identities and other relevant

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commercial information about such customers (“Customer Information”). Attending the Hearing by

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telephone were James A. Hennefer for plaintiffs, Joseph D. Lee and Hojoon Hwang for defendant

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General Electric Capital Corporation (“GE Capital”), and Brian C. Rocca and Shari Ross Lalou for

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defendant IKON Office Solutions, Inc. (“IKON”).

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At the Hearing counsel for plaintiffs orally moved the Court for an order that defendants be

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compelled to produce Customer Information where such information has been properly sought, is

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relevant and would otherwise be produced during the course of discovery absent concerns about

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privacy and confidentiality. Counsel represented to the Court that such information would be subject

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to and protected by the terms of the Stipulated Protective Order for Related Cases, filed in NewCal as

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Doc. No. 133 and filed in Global as Doc. No. 54 (“Stipulated Protective Order”) and would be

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designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Counsel for GE Capital

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argued that, absent a court order to produce Customer Information, GE Capital has obligations to

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protect the confidentiality and privacy of such customer information.

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The Court, having reviewed the pleadings in the case, being fully informed and after argument

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of counsel, determined that the Stipulated Protective Order sufficiently protects the confidentiality of

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Customer Information.

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IT IS THEREFORE ORDERED:

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1.

Defendants are hereby ordered to produce Customer Information where such

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information has been properly sought and is producible during the course of discovery

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in these cases.

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[PROPOSED] ORDER
RE DISCOVERY OF
CUSTOMER INFORMATION

NewCal Industries, Inc., et al. v. IKON Office Solutions, Inc., et al.
Case No. C-04-2776 JSW
Global Services, LLC. et al. v. IKON Office Solutions, Inc. et al.
Case No. C-10-5974 JSW
-2-

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When produced, such information may be designated as “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY” pursuant to the Stipulated Protective Order and shall

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be subject to and protected by the terms of the Stipulated Protective Order.

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IT IS SO ORDERED:
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Dated:
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Honorable Laurel Beeler
United States District Court Magistrate Judge

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[PROPOSED] ORDER
RE DISCOVERY OF
CUSTOMER INFORMATION

NewCal Industries, Inc., et al. v. IKON Office Solutions, Inc., et al.
Case No. C-04-2776 JSW
Global Services, LLC. et al. v. IKON Office Solutions, Inc. et al.
Case No. C-10-5974 JSW
-3-