Bookhamer et al v. Sunbeam Products, Inc.

Filing 270

STIPULATION AND ORDER re 269 re 241 Opposition/Response to Motion, Stipulation and [Proposed] Order to Remove Incorrectly Filed Document filed by Charles Thomas Martin, Jr., Anthony Bookhamer, Carl DiSilvestro, Lena J. Tryon. Signed by Judge Edward M. Chen on 1/17/13. (bpf, COURT STAFF) (Filed on 1/17/2013)

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MARY E. ALEXANDER, ESQ. (SBN: 104173)
JENNIFER L. FIORE, ESQ. (SBN: 203618)
SOPHIA M. ASLAMI, ESQ. (SBN: 262712)
Mary Alexander & Associates, P.C.
44 Montgomery Street, Suite 1303
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs

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S. MARK VARNEY - 121129
GARRETT SANDERSON, III – 131026
Carroll, Burdick & McDonough, LLP
44 Montgomery Street, Suite 400
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY BOOKHAMER, a minor, by

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Case No. 09-CV-06027 EMC (DMR)

TRYON; LENA J. TRYON, as Personal

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STIPULATION AND [PROPOSED]
ORDER TO REMOVE INCORRECTLY
FILED DOCUMENT

19 and through his Guardian ad Litem, LENA J. )
20 Representative of the Estate of Victoria
DiSilvestro; CHARLES THOMAS

21 MARTIN, JR.; CARL DISILVESTRO, a
minor, by and through his Guardian ad

22 Litem, MARY DISILVESTRO,
23 Plaintiffs,
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25 SUNBEAM PRODUCTS, INC.,
26 Defendant.
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Pretrial Conf. Date: January 22, 2013
Time: 10:00 a.m.
Courtroom: 5, 17th Floor
Honorable Edward M. Chen
Trial: February 4, 2013

STIPULATION AND [PROPOSED] ORDER TO REMOVE INCORRECTLY FILED DOCUMENT

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The parties hereby stipulate, by and through their attorneys of record, that Exhibit 1 to

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Plaintiffs’ Opposition to Sunbeam’s Motion in Limine No. 7, should be removed from the public

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filings because they contain confidential information regarding Plaintiffs and their family.

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On Friday, January 11, 2013, Plaintiffs inadvertently gave the confidential exhibit, docket

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number 241-1, to Sunbeam for filing. This was not Sunbeam’s error. The parties had agreed that

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the moving papers and oppositions to each motion in limine would be filed by the moving party.

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The confidential documents in Exhibit 1 are progress notes prepared by Denise Henderson,

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M.D. of Sacramento County Health. Exhibit 1 was only to be attached to the copy of the

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opposition served on Defendant and Chamber’s copy. It was not intended to be filed with the

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Court. Plaintiffs inadvertently gave it to Sunbeam to file when giving Sunbeam the electronic

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version of the opposition papers to file. Plaintiffs stipulate that Sunbeam is not to blame for this

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and the error was entirely Plaintiffs'.

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Plaintiffs, therefore, respectfully request that the Court permanently remove docket entry

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241-1 from the public file and the ECF/Pacer website. Sunbeam stipulates that it can be

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permanently removed from the public file and the ECF/Pacer website.

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IT IS SO STIPULATED.
DATED: January 17, 2013

MARY ALEXANDER & ASSOCIATES, P.C.

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By:

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George E. McLaughlin, Esq.
Attorneys for Plaintiffs

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/s/ Mary E. Alexander
Mary E. Alexander, Esq.
Jennifer L. Fiore, Esq.

DATED: January 17, 2013

CARROLL, BURDICK & MCDONOUGH, LLP

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By:

/s/ Garrett Sanderson, III
S. Mark Varney, Esq.
Garrett Sanderson, III, Esq.
Attorneys for Defendant

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STIPULATION AND [PROPOSED] ORDER TO REMOVE INCORRECTLY FILED DOCUMENT

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Exhibit 1 to Plaintiffs’ Opposition to Sunbeam’s Motion in Limine No. 7, Docket entry

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THE HONORABLE EDWARD M. CHEN

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______________________________________________

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1/17
DATED: ____________, 2013

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241-1, shall be permanently removed from the public file and ECF/Pacer website.

UNIT
ED

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STIPULATION AND [PROPOSED] ORDER TO REMOVE INCORRECTLY FILED DOCUMENT