Northstar Financial Advisors Inc. v. Schwab Investments et al

Filing 67

SEALING ORDER re 64 . Signed by Judge Illston on 2/3/09. (ts, COURT STAFF) (Filed on 2/3/2009)

Case 3:08-cv-04119-SI

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Joseph J. Tabacco, Jr. (75484) [e-mail] Christopher Heffelfinger (118058) [e-mail] James C. Magid (233043) [e-mail] BERMAN DEVALERIO 425 California Street, Suite 2100 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Northstar Financial Advisors, Inc. [Additional Counsel on Signature Page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

NORTHSTAR FINANCIAL ADVISORS, INC., on Behalf of Itself and all Others Similarly Situated, Plaintiff, v. SCHWAB INVESTMENTS, CHARLES SCHWAB & CO., INC., CHARLES SCHWAB INVESTMENT MANAGEMENT, INC., and SCHWAB TOTAL BOND MARKET FUND, Defendants.

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Case No. C-08-4119 SI CLASS ACTION STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE UNDER SEAL PARTY INTERESTED ENTITIES OR PERSONS DATE: February 6, 2009 TIME: 2:00 p.m. COURTROOM: Hon. Susan J. Illston

[C-08-4119 SI] STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE UNDER -PARTY INTERESTED ENTITIES OR PERSONS

Case 3:08-cv-04119-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 HEREBY STIPULATED for Northstar and Defendants: I

-12, Plaintiff Northstar

nc., Charles Schwab Investment Management, Inc., and Schwab Total Bond Market Fund ( ), by and through their counsel, hereby jointly submit a stipulated request for an order RECITALS WHEREAS, the above-captioned action Northstar Financial Advisors v. Schwab Investments, et al., No. C-08-4119 SI was filed on August 28, 2008; WHEREAS, pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 16-9, the parties are concurrently filing their joint case management conference statement; WHEREAS, the Standing Order for All Judges of the Northern District of California regarding the Contents of Joint Case Management Statement (Item No. 19) orders the parties to disclose any Non-party Interested Entities or Persons; WHEREAS, Northstar intends to disclose to defendants and the Court the identities of those investors who are clients of Northstar and who invested in the Schwab Total Bond Market Fund (the

WHEREAS, Northstar contends that the identities of its clients who are investors of the Fund is not publicly available and should not be put into the public record because these clients are not parties to the instant action; WHEREAS, Northstar maintains that the disclosure of such information would reveal potentially sensitive financial information and investment decisions of its clients and should be kept confidential; WHEREAS, Disclosure of Non-Party Interested Entities or Persons consists of a

list of its clients who invested in the Fund and is attached to this Stipulation as Exhibit A; STIPULATION approval, by and between counsel

[C-08-4119 SI] STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE UNDER -PARTY INTERESTED ENTITIES OR PERSONS

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1.

The names and identities of be made part of the public record.

clients who invested in the Fund should not

2.

Disclosure of Non-Party Interested Entities or Persons, attached as Exhibit A to this Stipulation, should be filed under seal.

Dated: January 30, 2009

WOLF POPPER LLP By: /s Robert C. Finkel ROBERT C. FINKEL (admitted pro hac vice) 845 Third Avenue New York, NY 10022 Telephone: [phone] Facsimile: [phone] Marc J. Gross Bryan Plocker GREENBAUM ROWE SMITH & DAVIS LLP 75 Livingston Street, Suite 301 Roseland, NJ 07068 Telephone: [phone] Facsimile: [phone] Joseph J. Tabacco, Jr. Christopher T. Heffelfinger James C. Magid BERMAN DEVALERIO 425 California Street, Suite 2100 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Northstar Financial Advisors, Inc.

[C-08-4119 SI] STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE UNDER -PARTY INTERESTED ENTITIES OR PERSONS

Case 3:08-cv-04119-SI

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MORRISON & FOERSTER LLP By: /s Dorothy L. Fernandez DOROTHY L. FERNANDEZ 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Email: [e-mail] Darryl P. Rains K.C. Allan Waldron 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: [phone] Facsimile: 650.494.0792 Email:[e-mail]; [e-mail] Attorneys for Defendants Schwab Investments, Charles Schwab & Co., Inc., Charles Schwab Investment Management, Inc., and Schwab Total Bond Market Fund

PURSUANT TO STIPULATION, IT IS SO ORDERED.

HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE

[C-08-4119 SI] STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE UNDER -PARTY INTERESTED ENTITIES OR PERSONS

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I, Christopher T. Heffelfinger, am the ECF user whose ID and password are being used to

on-Party Interested Entities or Persons. In compliance with General Order 45, X.B., I hereby attest that Robert C. Finkel, co-counsel for Plaintiff Northstar, and Dorothy L Fernandez, counsel for defendants, have concurred in this filing. s/ Christopher T. Heffelfinger

[C-08-4119 SI] STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE UNDER -PARTY INTERESTED ENTITIES OR PERSONS