Bucheit v. Dennis et al

Filing 224

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)

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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 5 Attorneys for Defendant 6 THE TOWN OF ATHERTON 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 JONATHAN B. BUCKHEIT, Plaintiff, 12 13 v. 14 TONY DENNIS; DEAN DEVLUGT; ANTHONY KOCKLER; THE TOWN OF ATHERTON; THE COUNTY OF SAN MATEO; and DOES 1-500, inclusive, 15 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 16 Defendants. 17 18 19 WHEREAS, plaintiff and defendants have filed summary judgement motions; 20 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; 23 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; 25 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; 28 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 lice Officers' MSJ\TOWN MSJ\Seal-Stipulation.wpd Case3:09-cv-05000-JCS Document222 Filed12/21/11 Page2 of 6 WHEREAS the requested relief is necessary and narrowly tailored to protect the alleged 1 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 4 5 respective counsel of record: 6 That the parties shall serve each other with the respective exhibits filed under seal; 7 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. 9 10 DATED: December 21, 2011 CLAPP, MORONEY, BELLAGAMBA, VUCINICH, BEEMAN and SCHELEY 11 /S/ By: 12 PATRICK R. CO Attorneys for Defendant TOWN OF ATHERTON 13 14 DATED: December 21, 2011 CARY & CAREY 15 /S/ By: 16 ROBERT CAREY, JR. Attorneys for Plaintiff JONATHAN B, BUCKHEIT 17 18 DATED: December 21, 2011 HOWARD, ROME, MARTIN & RIDLEY LLP 19 /S/ By: 20 JOSEPH C. HOWARD Attorneys for Defendants, DEAN DEVLUGT, TONY DENNIS, ANTHONY KOCKLER 21 22 23 DATED: December 21, 2011 COUNTY OF SAN MATEO, COUNTY COUNSEL’S OFFICE 24 /S/ By: 25 BRIAN J. WONG Attorneys for Defendant, COUNTY OF SAN MATEO 26 27 / / / 28 STIPULATION AND ORDER TO ALLOW COUNSEL TO SERVE AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT OF THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT 2 CASE NO.: CV09-5000 JCS G:\Data\DOCS\0160\04092\MSJ\Po lice Officers' MSJ\TOWN MSJ\Seal-Stipulation.wpd Case3:09-cv-05000-JCS Document222 Filed12/21/11 Page3 of 6 ORDER 1 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, 4 IT IS HEREBY ORDERED THAT: 5 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. 10 11 Dated: 12/22/11 By: MAGISTRATE JUDGE Spero JOSEPH C. SPERO . 14 A H ER LI RT 13 FO seph C Judge Jo NO 12 RT U O 9 S DISTRICT TE C TA R NIA 8 judgment motions. N F D IS T IC T O R C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER TO ALLOW COUNSEL TO SERVE AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT OF THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT 3 CASE NO.: CV09-5000 JCS G:\Data\DOCS\0160\04092\MSJ\Po lice Officers' MSJ\TOWN MSJ\Seal-Stipulation.wpd Case3:09-cv-05000-JCS Document222 Filed12/21/11 Page4 of 6 JONATHAN BUCKHEIT v. TOWN OF ATHERTON, et al. United States District Court, Northern District of California Case No. CV09-5000 JCS 1 2 PROOF OF SERVICE - Civil [Code of Civ. Proc. §§ 1011, 1013, 1031a, 2015.5] 3 4 METHOD OF SERVICE: G By Personal Service Q By Messenger Service 6 Transmission 5 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. 8 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: 9 10 11 STIPULATION AND (proposed) ORDER TO ALLOW COUNSEL TO SERVE AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT OF THE PARTIES’ MOTIONS FOR 12 SUMMARY JUDGMENT 13 4. I served the document on the persons below, as follows: 14 15 16 17 18 19 20 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 21 22 23 24 25 26 27 28 STIPULATION AND ORDER TO ALLOW COUNSEL TO SERVE AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT OF THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT 4 CASE NO.: CV09-5000 JCS G:\Data\DOCS\0160\04092\MSJ\Po lice Officers' MSJ\TOWN MSJ\Seal-Stipulation.wpd Case3:09-cv-05000-JCS Document222 Filed12/21/11 Page5 of 6 1 5. The document was served by the following means (specify): 2 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. G 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) G deposited the sealed envelope with the United States Postal Services, with the postage fully prepaid. (2) G 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. 3 4 5 6 7 8 9 10 11 12 13 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. 15 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. 16 17 18 19 20 21 22 23 24 25 26 G (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 27 } (Federal) I declare that I am employed in the offices of a member of the bar of this court at 28 STIPULATION AND ORDER TO ALLOW COUNSEL TO SERVE AND VIEW DOCUMENTS FILED UNDER SEAL IN SUPPORT OF THE PARTIES’ MOTIONS FOR SUMMARY JUDGMENT 5 CASE NO.: CV09-5000 JCS G:\Data\DOCS\0160\04092\MSJ\Po lice Officers' MSJ\TOWN MSJ\Seal-Stipulation.wpd Case3:09-cv-05000-JCS Document222 Filed12/21/11 Page6 of 6 1 whose direction this service was made. I declare under penalty of perjury that the foregoing is true and correct. 2 3 Executed on December 21, 2011, at San Bruno, California. 4 /S/ Claudia Gomez 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proof of Service - Civil [Code of Civ.Proc. §§ 1011, 1013, 1013a, 2015.5] 26 27 28 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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