Alexander et al v. FedEx Ground Package System, Inc. et al

Filing 240

STIPULATION AND ORDER re 239 STIPULATION AND PROTECTIVE ORDER. Signed by Judge Edward M. Chen on 5/6/16. (bpfS, COURT STAFF) (Filed on 5/6/2016)

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BETH A. ROSS (SBN 141337)
[e-mail]
AARON KAUFMANN (SBN 148580)
[e-mail]
DAVID P. POGREL (SBN 203787)
[e-mail]
ELIZABETH R. GROPMAN (SBN 294156)
[e-mail]
LEONARD CARDER, LLP
1330 Broadway, Suite 1450
Oakland, California 94612
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs

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1330 BROADWAY, SUITE 1450
OAKLAND, CA 94612
TEL: [phone] FAX: [phone]

LEONARD CARDER, LLP
ATTORNEYS

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CAROLYN KUBOTA (SBN 113660)
[e-mail]
SCOTT VOELZ (SBN 181415)
[e-mail]
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, California 90071
Tel: [phone]
Fax: [phone]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DEAN ALEXANDER, et. al.

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Plaintiffs,
vs.
FEDEX GROUND PACKAGE SYSTEM,
INC. et. al.,
Defendant.

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Case No: 3:05-cv-38 EMC
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

Case No. 3:05-cv-38 EMC

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The parties to the above-entitled action, by and through their respective counsel, along

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with Objectors Rafick El-Hani, El –Hani Services, Inc. (Rafick El-Hani and El-Hani Services,

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Inc. are hereafter collectively referred to as “El-Hani”) and Henrik Zohrabians (hereafter

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“Zohrabians”), by and through their counsel, hereby stipulate as follows:

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1. On April 27, 2016, class counsel filed with the Court an Administrative Motion

submitted in support of Plaintiffs’ motion for attorneys’ fees and costs and class

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representative incentive awards under seal. (ECF No. 232) (Supplemental Ross

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Declaration). The motion was granted in an order entered April 28, 2016. (ECF No.

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233). The sealed portions of the Supplemental Ross Declaration disclose information

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1330 BROADWAY, SUITE 1450
OAKLAND, CA 94612
TEL: [phone] FAX: [phone]

seeking leave to file portions of the Supplemental Declaration of Beth A. Ross

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LEONARD CARDER, LLP
ATTORNEYS

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about tentative class settlements achieved in related litigation that have not yet been

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filed in Court including the total amount of each tentative settlement. A complete

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description of the substance of the sealed materials appears at paragraphs 7 and 10 of

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the Supplemental Ross Declaration which are not filed under seal.

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2. Subsequent to entry of the Court’s April 28 order, objectors Zohrabians and El-Hani

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filed objections to the Administrative Motion, (ECF Nos. 236 and 237) and have

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sought leave to review the sealed portions of the Supplemental Ross Declaration,

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which include portions of its paragraph 9 and portions of its Exhibit A.

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3. To resolve these objections, Counsel for the Plaintiff Class and Defendant FedEx

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Ground Packages System, Inc. have agreed that the unredacted version of the

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Supplemental Ross Declaration and its Exhibit A (ECF 232-2) may be produced to the

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attorneys for Zohrabians (Mark Burton) and El-Hani (John W. Davis and Steven

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Helfand) under certain conditions:

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a. The confidential portions of the Supplemental Ross Declaration (i.e. the

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redacted portions of paragraph 9 and Exhibit A) will be produced to the

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attorneys Mark E. Burton, John W. Davis and Steven F. Helfand for their eyes

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only. The confidential portions of these documents, and the confidential

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information contained in them, may not be disclosed by Messrs. Burton, Davis
-1STIPULATION AND [PROPOSED] PROTECTIVE ORDER

Case No. 3:05-cv-38 EMC

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or Helfand, or disseminated, to any other person or entity (including

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Zohrabians or El-Hani) verbally, in writing, or in any other form, or by any

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means until the settlements of cases referenced in these documents are

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finalized, executed, and publically filed, in or about mid-June 2016, and the

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April 28, 2016 sealing order is lifted by the Court;

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b. The confidential portions of the Supplemental Ross Declaration (i.e. the

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redacted portions of paragraph 9 and Exhibit A) and the confidential

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information contained in them may not be disclosed by the Objectors or their

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respective counsel, in whole or in part, directly or indirectly, in any Court or

1330 BROADWAY, SUITE 1450
OAKLAND, CA 94612
TEL: [phone] FAX: [phone]

other public filing while the April 28, 2016 sealing order remains in effect

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LEONARD CARDER, LLP
ATTORNEYS

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unless the confidential information is appropriately redacted and filed under

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seal.

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4. By executing this stipulation, Objectors Zohrabians and El-Hani, and their counsel,

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Mark E. Burton, John W. Davis, and Steven F. Helfand, agree strictly to abide by the

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confidentiality provisions described in paragraph 3 above and to entry of the same as

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an order of the Court and withdraw their objections to the Administrative Motion.

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Respectfully submitted,

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LEONARD CARDER, LLP

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Dated: May 4, 2016

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By:

/s/ Beth A. Ross
Beth A. Ross
Attorneys for Plaintiffs and Plaintiff Class

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O’MELVENY & MYERS LLP

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Dated: May 4, 2016

By: /s/ Scott Voelz
Carolyn Kubota
Scott Voelz
Attorneys for Defendant
FedEx Ground Package System, Inc.

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-2STIPULATION AND [PROPOSED] PROTECTIVE ORDER

Case No. 3:05-cv-38 EMC

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AUDET & PARTNERS, LLC
Dated: May 4, 2016

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By: /s/ Mark E. Burton
Mark E. Burton
Attorney for Objector Henrik Zohrabians

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LAW OFFICE OF JOHN W DAVIS
Dated: May 4, 2016

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By: /s/ John William Davis
John William Davis, Esq.
Attorney for Objector Rafick El-Hani

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THE LAW OFFICES OF
STEVEN F. HELFAND

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1330 BROADWAY, SUITE 1450
OAKLAND, CA 94612
TEL: [phone] FAX: [phone]

LEONARD CARDER, LLP
ATTORNEYS

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Dated: May 4, 2016

By: /s/ Steven F. Helfand
Steven F. Helfand, Esq.
Attorney for Objector Rafick El-Hani

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-3STIPULATION AND [PROPOSED] PROTECTIVE ORDER

Case No. 3:05-cv-38 EMC

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ATTESTATION OF FILING
Pursuant to Local Civil Rule 5-1(i)(3), I, Beth A. Ross, hereby attest that concurrence in
the filing of this Stipulation has been obtained from each of the other signatories listed above.

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Dated: May 4, 2016

LEONARD CARDER, LLP

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By:

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/s/ Beth A. Ross
Beth A. Ross
Attorneys for Plaintiffs and Plaintiff Class

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1330 BROADWAY, SUITE 1450
OAKLAND, CA 94612
TEL: [phone] FAX: [phone]

LEONARD CARDER, LLP
ATTORNEYS

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Case No. 3:05-cv-38 EMC

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PROTECTIVE ORDER
Pursuant to stipulation of the parties and good cause appearing, the Court hereby

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ORDERS as follows: The attorneys for Objectors Zohrabians and El-Hani (Mark E. Burton, John

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W. Davis and Stephen Helfand) are permitted access to the unredacted version of the

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Supplemental Ross Declaration and its Exhibit A (ECF No. 232-2) until the sealing order entered

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on April 28, 2016 at ECF No. 233 is lifted subject to the following conditions:

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a. The confidential portions of the Supplemental Ross Declaration (i.e. the

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redacted portions of paragraph 9 and Exhibit A) will be produced to the

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attorneys Mark E. Burton, John W. Davis and Steven F. Helfand for their eyes

information contained in them, may not be disclosed or disseminated to any

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other person or entity by Messrs. Burton, Davis or Helfand, (including

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Objectors Zohrabians or El-Hani) in any form or by any means until the

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tentative class settlements of cases referenced in these documents are finalized,

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executed, and publically filed (in or about mid-June 2016) and the April 28,

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2016 sealing order is lifted by the Court;

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b. The confidential portions of the Supplemental Ross Declaration (i.e. the

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redacted portions of paragraph 9 and Exhibit A) and the confidential

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information contained in them may not be disclosed by the Objectors, in

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whole or in part, directly or indirectly, in any Court filing or any other public

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filing while the April 28, 2016 sealing order remains in effect unless the

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confidential information is appropriately redacted and filed under seal pursuant

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to further order of this Court.

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DATED:

DERED

O OR
IT IS S

______________________________
Hon. Edward M. Chen
U.S. District Judge. Chen
dward M
Judge E

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-5STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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FO

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5/6/2016

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IT IS SO ORDERED.

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UNIT
ED

1330 BROADWAY, SUITE 1450
OAKLAND, CA 94612
TEL: [phone] FAX: [phone]

only. The confidential portions of these documents, and the confidential

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LEONARD CARDER, LLP
ATTORNEYS

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Case No. 3:05-cv-38 EMC
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D IS T IC T O
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