Bucheit v. Dennis et al
Filing
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STIPULATION AND ORDER TO ALLOW COUNSEL TO SERVE AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT OF THE PARTIES' MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Joseph C. Spero on 12/22/11. (klhS, COURT STAFF) (Filed on 12/22/2011)
Case3:09-cv-05000-JCS Document222
Filed12/21/11 Page1 of 6
1 JEFFREY M. VUCINICH, ESQ. BAR#: 67906
PATRICK R. CO, ESQ. BAR #: 200160
2 CLAPP, MORONEY, BELLAGAMBA, VUCINICH,
BEEMAN and SCHELEY
3 A PROFESSIONAL CORPORATION
1111 Bayhill Drive, Suite 300
4 San Bruno, CA 94066
(650) 989-5400 (650) 989-5499 FAX
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Attorneys for Defendant
6 THE TOWN OF ATHERTON
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JONATHAN B. BUCKHEIT,
Plaintiff,
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v.
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TONY DENNIS; DEAN DEVLUGT;
ANTHONY KOCKLER; THE TOWN OF
ATHERTON; THE COUNTY OF SAN
MATEO; and DOES 1-500, inclusive,
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CASE NO.: CV09-5000 JCS
STIPULATION AND (proposed) ORDER
TO ALLOW COUNSEL TO SERVE AND
VIEW DOCUMENTS FILED UNDER
SEAL IN SUPPORT OF THE PARTIES’
MOTIONS FOR SUMMARY
JUDGMENT
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Defendants.
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WHEREAS, plaintiff and defendants have filed summary judgement motions;
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WHEREAS, plaintiff and defendants wished to attach as exhibits in support of their
21 respective motions the subject police report and related documents, and other documents subject to
22 a superior court sealing order;
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WHEREAS the court has granted the respective parties’ Administrative Motions to permit
24 them to file under seal various exhibits in support of their respective summary judgment motions;
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WHEREAS the parties agree that each of the parties’ counsel must be allowed to view the
26 documents filed under seal in order to adequately oppose and respond to the motions for summary
27 judgment;
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STIPULATION AND ORDER TO ALLOW COUNSEL TO SERVE
AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT
OF THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT
CASE NO.: CV09-5000 JCS
G:\Data\DOCS\0160\04092\MSJ\Po
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WHEREAS the requested relief is necessary and narrowly tailored to protect the alleged
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2 confidentiality of the documents filed under seal, until such time the Court makes a final ruling as
3 to the confidentiality and admissibility of those documents for trial;
NOW THEREFORE IT IS HEREBY STIPULATED by the parties, through their
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5 respective counsel of record:
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That the parties shall serve each other with the respective exhibits filed under seal;
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That the parties’ attorneys shall be allowed to view and use the documents filed under seal
8 for purposes of opposing and responding to the motions for summary judgment.
IT IS SO STIPULATED.
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10 DATED: December 21, 2011
CLAPP, MORONEY, BELLAGAMBA,
VUCINICH, BEEMAN and SCHELEY
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/S/
By:
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PATRICK R. CO
Attorneys for Defendant
TOWN OF ATHERTON
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DATED: December 21, 2011
CARY & CAREY
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/S/
By:
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ROBERT CAREY, JR.
Attorneys for Plaintiff
JONATHAN B, BUCKHEIT
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DATED: December 21, 2011
HOWARD, ROME, MARTIN & RIDLEY LLP
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/S/
By:
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JOSEPH C. HOWARD
Attorneys for Defendants,
DEAN DEVLUGT, TONY DENNIS,
ANTHONY KOCKLER
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23 DATED: December 21, 2011
COUNTY OF SAN MATEO,
COUNTY COUNSEL’S OFFICE
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/S/
By:
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BRIAN J. WONG
Attorneys for Defendant,
COUNTY OF SAN MATEO
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27 / / /
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STIPULATION AND ORDER TO ALLOW COUNSEL TO SERVE
AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT
OF THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT
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CASE NO.: CV09-5000 JCS
G:\Data\DOCS\0160\04092\MSJ\Po
lice Officers' MSJ\TOWN
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Case3:09-cv-05000-JCS Document222
Filed12/21/11 Page3 of 6
ORDER
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2 Having considered the Stipulation to Serve and View Documents Filed Under Seal in Support of
3 the Parties’ Motions for Summary Judgment, and good cause appearing,
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IT IS HEREBY ORDERED THAT:
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The parties shall immediately serve each other with documents filed under seal in support
6 of their respective motions for summary judgment, and that all of the parties’ attorneys shall be
7 allowed to view and use those documents for purposes of opposing and responding to the summary
UNIT
ED
S
IT IS SO ORDERED.
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11 Dated: 12/22/11
By:
MAGISTRATE JUDGE Spero
JOSEPH C. SPERO
.
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A
H
ER
LI
RT
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FO
seph C
Judge Jo
NO
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RT
U
O
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S DISTRICT
TE
C
TA
R NIA
8 judgment motions.
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F
D IS T IC T O
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C
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STIPULATION AND ORDER TO ALLOW COUNSEL TO SERVE
AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT
OF THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT
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CASE NO.: CV09-5000 JCS
G:\Data\DOCS\0160\04092\MSJ\Po
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JONATHAN BUCKHEIT v. TOWN OF ATHERTON, et al.
United States District Court, Northern District of California Case No. CV09-5000 JCS
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PROOF OF SERVICE - Civil
[Code of Civ. Proc. §§ 1011, 1013, 1031a, 2015.5]
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4 METHOD OF SERVICE:
G By Personal Service
Q By Messenger Service
6 Transmission
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7 1.
G By Mail
G By Facsimile
GBy Overnight Delivery
} By E-Mail/Electronic
I am a citizen of the United States and am employed in the County of San Mateo, State of
California. I am over the age of 18 years and not a party to the within action.
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2.
My place of employment is 1111 Bayhill Drive, Suite 300, San Bruno, California 94066.
3.
On the date set forth below, I caused to be served a true and correct copy of the document
described as:
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11 STIPULATION AND (proposed) ORDER TO ALLOW COUNSEL TO SERVE AND VIEW
DOCUMENTS FILED UNDER SEAL IN SUPPORT OF THE PARTIES’ MOTIONS FOR
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SUMMARY JUDGMENT
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4.
I served the document on the persons below, as follows:
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Robert E. Carey, Jr., Esq.
Jerry Y. Fong, Esq.
Carey & Carey
706 Cowper Street
P.O. Box 1040
Palo Alto, CA 94302-1040
Tel: (650) 328-5510
Fax: (650) 853-3632
email: rec@careyandcareylaw.com
email: jf@careyandcareylaw.com
Attorneys for Plaintiff JONATHAN
BUCKHEIT
John Houston Scott, Esq.
Scott Law Firm
1388 Sutter Street, Suite 715
San Francisco, CA 94109
Tel: (415) 561-9600
Fax: (415) 561-9609
email: john@scottlawfirm.net
Attorneys for Plaintiff JONATHAN
BUCKHEIT
Joseph C. Howard, Jr., Esq.
Howard, Rome, Martin & Ridley, LLP
1775 Wodside Road, Suite 200
Redwood City, CA 94061-3436
Direct: (650) 980-1029
Tel: (650) 365-7715 ext. 219
Fax: (650) 364-5297
email: JHOWARD@hrmrlaw.com
Attorneys for Defendants TONY DENNIS;
DEAN DeVLUGT; and ANTHONY
KOCKLER
Brian J. Wong, Esq.
Office of the County Counsel
400 County Center, 6th Floor
Redwood City, CA 94063
Tel: (650) 363-1960
Fax: (650) 363-4034
email: bwong@co.sanmateo.ca.us
Attorneys for COUNTY OF SAN MATEO
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STIPULATION AND ORDER TO ALLOW COUNSEL TO SERVE
AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT
OF THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT
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CASE NO.: CV09-5000 JCS
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1 5.
The document was served by the following means (specify):
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a.
G
BY PERSONAL SERVICE. I personally delivered the documents to the
persons at the addresses listed in item 4. (1) For a party represented by an
attorney, delivery was made to the attorney or at the attorney's office by leaving
the documents in an envelope or package clearly labeled to identify the attorney
being served with a receptionist or an individual in charge of the office. (2) For
a party, delivery was made to the party or by leaving the documents at the
party's residence with some person not less than 18 years of age between the
hours of eight in the morning and six in the evening.
b.
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BY UNITED STATES MAIL. I enclosed the documents in a sealed envelope
or package addressed to the persons at the addresses in item 4 and (specify
one):
(1)
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deposited the sealed envelope with the United States Postal Services,
with the postage fully prepaid.
(2)
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placed the envelope for collection and mailing, following our ordinary
business practices. I am readily familiar with this business's practice
for collecting and processing correspondence for mailing. On the same
day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States
Postal Service, in a sealed envelope with postage fully prepaid.
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I am resident or employed in the County where the mailing occurred. The envelope or package
14 was placed in the mail at San Bruno, California, County of San Mateo.
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c.
G
BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope
or package provided by an overnight delivery carrier and addressed to the
persons at the addresses in item 4. I place the envelope or package for
collection and overnight delivery at an office or a regularly utilized drop box
of the overnight delivery carrier.
d.
G
BY MESSENGER SERVICE. I served the documents by placing them in
an envelope or package addressed to the persons at the addresses listed in item
4 and providing them to a professional messenger service for service.
e.
G
BY FAX TRANSMISSION. Based on an agreement of the parties to accept
service by fax transmission, I faxed the documents to the persons at the fax
numbers listed in item 4. No error was reported by the fax machine that I used.
A copy of the record of the fax transmission, which I printed out, is attached.
f.
}
BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court
order or an agreement of the parties to accept service by e-mail or electronic
transmission, I caused the documents to be sent to the persons at the email addresses
listed in item 4. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.
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(State) I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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}
(Federal) I declare that I am employed in the offices of a member of the bar of this court at
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STIPULATION AND ORDER TO ALLOW COUNSEL TO SERVE
AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT
OF THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT
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CASE NO.: CV09-5000 JCS
G:\Data\DOCS\0160\04092\MSJ\Po
lice Officers' MSJ\TOWN
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1 whose direction this service was made. I declare under penalty of perjury that the foregoing is true and
correct.
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Executed on December 21, 2011, at San Bruno, California.
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/S/
Claudia Gomez
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Proof of Service - Civil
[Code of Civ.Proc. §§ 1011, 1013, 1013a, 2015.5]
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STIPULATION AND ORDER TO ALLOW COUNSEL TO SERVE
AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT
OF THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT
6
CASE NO.: CV09-5000 JCS
G:\Data\DOCS\0160\04092\MSJ\Po
lice Officers' MSJ\TOWN
MSJ\Seal-Stipulation.wpd
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