Gallion v. Apple, Inc
Filing
50
STIPULATION re 29 Protective Order Notice of Adoption by Non-Party 3M Company of Terms of Stipulated Protective Order Filed November 2, 2010, as Modified; Stipulation and [Proposed] Order by Charlene Gallion. (Kralowec, Kimberly) (Filed on 5/27/2011)
1
2
3
4
5
6
7
8
9
10
Jeffrey L. Fazio (146043)
jlf@fazmiclaw.com
Dina E. Micheletti (184141)
dem@fazmiclaw.com
FAZIO | MICHELETTI LLP
2410 Camino Ramon, Suite 315
San Ramon, CA 94583
T: 925-543-2555
F: 925-369-0344
Steven A. Schwartz (pro hoc vice)
SAS@chimicles.com
Timothy N. Mathews (pro hoc vice)
TNM@chimicles.com
CHIMICLES & TIKELLIS LLP
361 W. Lancaster Avenue
Haverford, PА 19041
Telephone: (610) 642-8500
Interim Co-Lead Class Counsel
11
12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14
IN RE APPLE IPHONE/IPOD WARRANTY
LITIGATION
No. CV 10-01610-RS
17
This Document Relates To:
18
ALL ACTIONS
NOTICE OF ADOPTION BY
NON-PARTY 3M COMPANY
OF TERMS OF STIPULATED
PROTECTIVE ORDER FILED
NOVEMBER 2, 2010, AS
MODIFIED; STIPULATION
AND [PROPOSED] ORDER
15
16
19
20
21
22
23
24
25
26
27
28
1
Notice of Adoption by Non-Party 3M Company of Terms of Stipulated Protective Order Filed 11/2/2010, as Modified;
Stipulation and [Proposed] Order, Case No. 3:10-cv-01610-RS
1
Pursuant to paragraph 34 of the Stipulated Protective Order filed on November 2,
2
2010 (Dock. No. 29), 3M Company, a non-party who has been served with a subpoena in
3
these proceedings, hereby adopts the provisions of the Stipulated Protective Order, as
4
modified herein.
5
By and through their counsel, the parties and 3M Company agree that the
6
language set forth below shall be deemed added to paragraphs 28, 32 and 37 of the
7
Stipulated Protective Order for purposes of 3M’s production only (new language
8
underscored):
9
28.
Without written permission from the Designating Party or a court order
10
secured after appropriate notice to all interested persons, a Party may not
11
file in the public record in this action any Protected Material. A Party that
12
seeks to file under seal any Protected Material must comply with Civil
13
Local Rule 79-5. Protected Material may only be filed under seal pursuant
14
to a court order authorizing the sealing of the specific Protected Material
15
at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only
16
upon a request establishing that the Protected Material at issue is
17
privileged, protectable as a trade secret, or otherwise entitled to protection
18
under the law. If a Receiving Party’s request to file Protected Material
19
under seal pursuant to Civil Local Rule 79-5(d) is denied by the court,
20
then the Receiving Party may file the information in the public record
21
pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the
22
court. If, pursuant to Civil Local Rule 79-5, a Receiving Party files an
23
Administrative Motion to File Under Seal that seeks an order sealing any
24
Protected Material produced by non-party 3M Company, that Receiving
25
Party shall serve that Motion on counsel for 3M Company.
26
27
28
32.
This Protective Order is not intended to govern the use of Protected
Material at evidentiary hearings or at the trial of this action. Procedures
2
Notice of Adoption by Non-Party 3M Company of Terms of Stipulated Protective Order Filed 11/2/2010, as Modified;
Stipulation and [Proposed] Order, Case No. 3:10-cv-01610-RS
1
governing the use of Protected Material at evidentiary hearings and at trial,
2
if necessary, will be established by separate order. If an evidentiary
3
hearing or trial has been scheduled at which Protected Material produced
4
by non-party 3M Company might potentially be used by a Receiving
5
Party, that Receiving Party shall notify 3M’s counsel of the originally-
6
scheduled date of that evidentiary hearing or trial. For evidentiary
7
hearings, if the hearing date was scheduled by noticed motion (either on
8
regular notice under the applicable Rules or otherwise as the Court may
9
order), then such notice shall be provided to 3M’s counsel simultaneously
10
with the original notice, if the Receiving Party is the moving party, or
11
simultaneously with the opposition papers, if the Receiving Party is the
12
opposing party. For all other evidentiary hearings, the Receiving Party
13
shall notify 3M’s counsel as soon as practicable after the hearing date is
14
originally scheduled by the Court. For trial, such notice shall be provided
15
within 30 days of the originally-scheduled trial date.
16
37.
No restriction imposed by this Protective Order may be terminated, except
17
by a written stipulation executed by counsel of record for all parties, or by
18
an order of this Court for good cause shown. The termination of this action
19
shall not terminate the obligations specified in this Protective Order. All
20
Protected Material produced by non-party 3M Company shall be
21
destroyed within 180 days following the conclusion of all Related Cases.
22
For purposes of this paragraph, “conclusion” means the last day to file a
23
petition for a writ of certiorari with the United States Supreme Court
24
challenging the last order entered by any lower court in any of the Related
25
Cases, or the date on which such a petition is denied.
26
27
28
3
Notice of Adoption by Non-Party 3M Company of Terms of Stipulated Protective Order Filed 11/2/2010, as Modified;
Stipulation and [Proposed] Order, Case No. 3:10-cv-01610-RS
1
IT IS SO STIPULATED.
2
3
Dated: May 27, 2011
3M COMPANY
4
5
By
6
/s/ Alpha Khaldi
Alpha Khaldi
Counsel for Non-Party 3M Company
7
8
9
Dated: May 27, 2011
FAZIO | MICHELETTI LLP
10
By
11
12
13
/s/ Jeffrey L. Fazio
Jeffrey L. Fazio
Interim Co-Lead Class Counsel
Dated: May 27, 2011
CHIMICLES & TIKELLIS LLP
14
15
16
By
/s/ Steven A. Schwartz
Steven A. Schwartz
17
Interim Co-Lead Class Counsel
18
19
Dated: May 27, 2011
MORRISON FОЕRSТER LLP
20
21
By
22
/s/Andrew D. Muhlbach
Andrew D. Muhlbach
Attorneys for Defendant Apple, Inc.
23
24
25
26
27
28
4
Notice of Adoption by Non-Party 3M Company of Terms of Stipulated Protective Order Filed 11/2/2010, as Modified;
Stipulation and [Proposed] Order, Case No. 3:10-cv-01610-RS
1
ATTESTATION OF FILER
2
I, Kimberly A. Kralowec, hereby attest that concurrence in the filing of this
3
document has been obtained from each of the other signatories. See N.D. Cal. Gen.
4
Order No. 45, para. X(B).
5
Dated: May 27, 2011
6
By:
/s/ Kimberly A. Kralowec
Kimberly A. Kralowec
THE KRALOWEC LAW GROUP
7
8
9
10
11
12
ORDER
IT IS SO ORDERED.
Dated: May ___, 2011
13
Hon Richard Seeborg
Judge of the District Court
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
Notice of Adoption by Non-Party 3M Company of Terms of Stipulated Protective Order Filed 11/2/2010, as Modified;
Stipulation and [Proposed] Order, Case No. 3:10-cv-01610-RS
DCACTIVE-14629550.1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?