Brady et al v. Deloitte & Touche LLP et al

Filing 226

ORDER TO UNSEAL DECERTIFICATION BRIEFS 205 , 210 , 214 , 219 re 225 Stipulation. (tf, COURT STAFF) (Filed on 9/28/2011) Modified on 9/29/2011 (ysS, COURT STAFF).

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LINDA E. SHOSTAK (CA SBN 64599)
[e-mail]
JAMES E. BODDY, JR. (CA SBN 65244)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
DELOITTE & TOUCHE LLP

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MARKUN ZUSMAN & COMPTON LLP
Jeffrey K. Compton (SBN 142969)
Daria Dub Carlson (SBN 150628)
William A. Baird (SBN 192675)
17383 Sunset Boulevard, Suite A380
Pacific Palisades, California 90272
Telephone: [phone]
Facsimile: [phone]
LAW OFFICE OF STEVEN ELSTER
Steven Elster (SBN 227545)
785/E2 Oak Grove Road, #201
Concord, CA 94518-3617
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and the Certified Class
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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JAMES BRADY, SARAH CAVANAGH, and
IVA CHIU, individually and on behalf of all
others similarly situated,
Plaintiffs,

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Case No.

C-08-00177-SI

STIPULATION AND [PROPOSED]
ORDER TO UNSEAL
DECERTIFICATION BRIEFS

v.
DELOITTE & TOUCHE LLP, a limited liability
partnership; and DOES 1-10, inclusive,

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Defendants
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STIPULATION AND [PROPOSED] ORDER TO UNSEAL DECERTIFICATION BRIEFS
C-08-00177 SI
sf-3049065

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Pursuant to Local Rule 7-12, Plaintiffs and Defendant Deloitte & Touche LLP

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(“Defendant”), through their respective counsel, submit the following stipulation and [proposed]

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order that certain pleadings, as described below, conditionally filed with the Court under seal be

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unsealed.

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WHEREAS, in the course of the discovery Defendant has produced and disclosed

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confidential, proprietary, and other private information related to the parties, as well as

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Defendant’s clients, designated “Confidential” or “Highly Confidential - Attorneys’ Eyes Only”

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pursuant to the parties’ Stipulated Protective Order signed by the Court on March 10, 2009, and

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filed in the above captioned action on March 11, 2009 (“Designated Produced Materials”), for

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which Defendant believes special protection from public disclosure and from use for any purpose

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other than prosecuting this litigation would be warranted;

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WHEREAS, the parties have agreed that material designated as confidential, proprietary,

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and other private information related to the parties, as well as Defendant’s clients, may be

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included in or discussed in the parties’ filings with respect to Defendant’s Motion for Class

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Decertification (“Designated Motion Materials”);

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WHEREAS, the parties agreed and the Court ordered pursuant to the parties’ stipulations

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and proposed orders that Defendant’s Memorandum or Points and Authorities in Support of

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Motion for Decertification, Plaintiffs’ Opposition to Defendant’s Motion for Class

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Decertification, Defendant’s Reply in Support of Defendant’s Motion for Class Decertification,

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and Plaintiffs’ Sur-Reply to Defendant’s Motion for Class Decertification (collectively,

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“Decertification Briefs”) be conditionally filed under seal;

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WHEREAS, the parties agreed that they would meet and confer regarding whether the

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documents filed under seal pursuant to said stipulations and orders should remain under seal; and

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WHEREAS, the parties, having met and conferred, have agreed that the Court may order

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the Decertification Briefs filed under seal to be unsealed, without prejudice to either parties’

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rights to maintain or not maintain under seal any other briefs or documents filed with the Court

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under seal and that said order shall not affect the under-seal status of any other briefs or

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STIPULATION AND [PROPOSED] ORDER TO UNSEAL DECERTIFICATION BRIEFS
C-08-00177 SI
sf-3049065

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documents filed with the Court under seal, including without limitation any exhibits referred to in

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the Decertification Briefs.

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NOW THEREFORE, the parties hereby stipulate, subject to Court approval, that the following

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briefs conditionally filed under seal herein be unsealed:

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Memorandum of Points and Authorities in Support of Defendant’s Motion for

Class Decertification;

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2.

Plaintiffs’ Opposition to Defendant’s Motion for Class Decertification;

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Reply in Support of Defendant’s Motion for Class Decertification; and

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Plaintiffs’ Sur-Reply to Defendant’s Motion for Decertification.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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COUNSEL FOR DEFENDANT
DELOITTE & TOUCHE LLP

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DATE: September 26, 2011

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By: __/S/ James E. Boddy
Linda E. Shostak
James E. Boddy, Jr.
MORRISON & FOERSTER LLP
COUNSEL FOR PLAINTIFFS

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DATE: September 26, 2011

By: _/s/ William A. Baird_
William A. Baird
Daria Dub Carlson
Jeffrey K. Compton
MARKUN ZUSMAN & COMPTON, LLP
Steven Elster
LAW OFFICE OF STEVEN ELSTER

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STIPULATION AND [PROPOSED] ORDER TO UNSEAL DECERTIFICATION BRIEFS
C-08-00177 SI
sf-3049065

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ECF CERTIFICATION

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I hereby attest that I have obtained concurrence regarding the filing of this document from
each of the signatories within the e-filed document.

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DATE: September 26, 2011

By: _/s/ James E. Boddy_____
James E. Boddy

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: ________________
9/27/11

____________________________
Honorable Susan Illston
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO UNSEAL DECERTIFICATION BRIEFS
C-08-00177 SI
sf-3049065

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