Helm et al v. Alderwoods Group, Inc. et al

Filing 156

SEALING ORDER. Signed by Judge Illston on 5/14/09. (ts, COURT STAFF) (Filed on 5/15/2009)

Case 3:08-cv-01184-SI

Document 149

Filed 05/08/2009

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BURNHAM BROWN Robert M. Bodzin, State Bar No. 201327 P.O. Box 119 Oakland, CA 94604 Telephone: [phone] Facsimile: [phone] [e-mail] [Additional Counsel Listed on Signature Page] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO/OAKLAND DIVISION WILLIAM HELM, DEBORAH PRISE, HEATHER P. RADY, et al., on behalf of themselves and all other employees and former employees similarly situated, Plaintiffs, v. ALDERWOODS GROUP, INC., Defendant. ) Case No. CV 08-1184-SI ) ) STIPULATION TO FILE DOCUMENT ) UNDER SEAL; [PROPOSED] ORDER ) ) & C-09-1190 SI ) ) ) ) ) ) )

STIPULATION TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER Case No. CV 08-1184-SI

Case 3:08-cv-01184-SI

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STIPULATION Previously, Plaintiffs and Defendants agreed to, and the Court entered, a Stipulated Protective Order Pursuant to Fed. R. Civ. P. 26(C). (Bryant Docket No. 112; Helm Docket No. 124). That Protective Order, inter alia, set out a procedure permitting parties to designate certain discovery materials "CONFIDENTIAL." In response to discovery demands in this case, Defendants have designated certain documents "CONFIDENTIAL" pursuant to the Protective Order, and Plaintiffs have not currently challenged some of those designations. Pursuant to Civil Local Rules 79-5 and 7-12, Plaintiffs and Defendants in these matters, through their undersigned counsel, hereby stipulate that in responding to Defendants' pending motions to dismiss, Plaintiffs may file under seal pursuant to the Protective Order the following documents, each of which has been designated "CONFIDENTIAL" by Defendants: 1. SCI Cash Balance Plan, bates number SCI(BRY) 00196 - 00271 2. "SCI 401(K) Retirement Savings Plan" Documents, bates number SCI(BRY) 00015 00195 3. Employee Handbooks, bates number SCI(BRY) 00272 - 00410 4. Flowcharts, bates number SCI(BRY) 00411 - 00414 5. Written agreements executed by Curtis Briggs, bates number CBRIGGS 0009 ­ 0029 6. Transcript of the deposition of Thomas Ryan taken on April 22, 2009 7. Plaintiffs' Opposition to Defendants' Motion to Dismiss Amended Complaint Pursuant to FRCP 12(b)(6) (Lack of In Personam Jurisdiction) or, Alternatively, FRCP 12(b)(6) (Failure to State a Claim Upon Which Relief Can be Granted), which describes and quotes from materials Defendants have designated as

"CONFIDENTIAL" 8. Plaintiffs' Consolidated Declaration of Sarah Cressman in Opposition to Defendants' Motions to Dismiss, for Partial Judgment on the Pleadings, and to Strike and Require a More Definite Statement and Motions for Stay and Award of Attorney Fees and Costs Pursuant to FRCP 41(d), which describes and quotes from materials Defendants have designated as "CONFIDENTIAL"

STIPULATION TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER Case No. CV 08-1184 -1-

Case 3:08-cv-01184-SI

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AGREED TO:

/s/ Annette Gifford Thomas & Solomon LLP 693 East Avenue Rochester, New York 14607 Telephone: [phone] Attorneys for Plaintiffs

/s/ Nicholas P. Forestiere Gurnee & Daniels LLP 2240 Douglas Boulevard, Suite 150 Roseville, California 95661 Telephone: [phone] Attorneys for Defendants

STIPULATION TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER Case No. CV 08-1184 -2-

Case 3:08-cv-01184-SI

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED:

ORDER Pursuant to the Stipulation of counsel and good cause appearing, the Court hereby orders that, in responding to Defendants' pending motions to dismiss, Plaintiffs may file under seal pursuant to the Protective Order the following documents, each of which has been designated "CONFIDENTIAL" by Defendants: 1. SCI Cash Balance Plan, bates number SCI(BRY) 00196 - 00271 2. "SCI 401(K) Retirement Savings Plan" Documents, bates number SCI(BRY) 00015 00195 3. Employee Handbooks, bates number SCI(BRY) 00272 - 00410 4. Flowcharts, bates number SCI(BRY) 00411 - 00414 5. Written agreements executed by Curtis Briggs, bates number CBRIGGS 0009 ­ 0029 6. Transcript of the deposition of Thomas Ryan taken on April 22, 2009 7. Plaintiffs' Opposition to Defendants' Motion to Dismiss Amended Complaint Pursuant to FRCP 12(b)(6) (Lack of In Personam Jurisdiction) or, Alternatively, FRCP 12(b)(6) (Failure to State a Claim Upon Which Relief Can be Granted), which describes and quotes from materials Defendants have designated as

"CONFIDENTIAL" 8. Plaintiffs' Consolidated Declaration of Sarah Cressman in Opposition to Defendants' Motions to Dismiss, for Partial Judgment on the Pleadings, and to Strike and Require a More Definite Statement and Motions for Stay and Award of Attorney Fees and Costs Pursuant to FRCP 41(d), which describes and quotes from materials Defendants have designated as "CONFIDENTIAL"

Honorable Susan Illston United States District Court

STIPULATION TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER Case No. CV 08-1184 -3-