Gallion v. Apple, Inc

Filing 51

STIPULATION AND ORDER RE 50 NOTICE OF ADOPTION BY NON-PARTY 3M COMPANY OF TERMS OF STIPULATED PROTECTIVE ORDER FILED NOVEMBER 2, 2010. Signed by Judge Richard Seeborg on 5/31/11. (cl, COURT STAFF) (Filed on 5/31/2011)

*E-Filed 5/31/11*

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Jeffrey L. Fazio (146043)
[e-mail]
Dina E. Micheletti (184141)
[e-mail]
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)
[e-mail]
Timothy N. Mathews (pro hoc vice)
[e-mail]
CHIMICLES & TIKELLIS LLP
361 W. Lancaster Avenue
Haverford, PА 19041
Telephone: [phone]
Interim Co-Lead Class Counsel

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE APPLE IPHONE/IPOD WARRANTY
LITIGATION

No. CV 10-01610-RS

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This Document Relates To:

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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

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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

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Pursuant to paragraph 34 of the Stipulated Protective Order filed on November 2,

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2010 (Dock. No. 29), 3M Company, a non-party who has been served with a subpoena in

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these proceedings, hereby adopts the provisions of the Stipulated Protective Order, as

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modified herein.

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By and through their counsel, the parties and 3M Company agree that the

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language set forth below shall be deemed added to paragraphs 28, 32 and 37 of the

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Stipulated Protective Order for purposes of 3M’s production only (new language

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underscored):

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28.

Without written permission from the Designating Party or a court order

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secured after appropriate notice to all interested persons, a Party may not

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file in the public record in this action any Protected Material. A Party that

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seeks to file under seal any Protected Material must comply with Civil

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Local Rule 79-5. Protected Material may only be filed under seal pursuant

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to a court order authorizing the sealing of the specific Protected Material

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at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only

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upon a request establishing that the Protected Material at issue is

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privileged, protectable as a trade secret, or otherwise entitled to protection

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under the law. If a Receiving Party’s request to file Protected Material

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under seal pursuant to Civil Local Rule 79-5(d) is denied by the court,

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then the Receiving Party may file the information in the public record

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pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the

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court. If, pursuant to Civil Local Rule 79-5, a Receiving Party files an

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Administrative Motion to File Under Seal that seeks an order sealing any

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Protected Material produced by non-party 3M Company, that Receiving

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Party shall serve that Motion on counsel for 3M Company.

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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
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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

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governing the use of Protected Material at evidentiary hearings and at trial,

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if necessary, will be established by separate order. If an evidentiary

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hearing or trial has been scheduled at which Protected Material produced

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by non-party 3M Company might potentially be used by a Receiving

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Party, that Receiving Party shall notify 3M’s counsel of the originally-

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scheduled date of that evidentiary hearing or trial. For evidentiary

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hearings, if the hearing date was scheduled by noticed motion (either on

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regular notice under the applicable Rules or otherwise as the Court may

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order), then such notice shall be provided to 3M’s counsel simultaneously

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with the original notice, if the Receiving Party is the moving party, or

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simultaneously with the opposition papers, if the Receiving Party is the

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opposing party. For all other evidentiary hearings, the Receiving Party

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shall notify 3M’s counsel as soon as practicable after the hearing date is

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originally scheduled by the Court. For trial, such notice shall be provided

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within 30 days of the originally-scheduled trial date.

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37.

No restriction imposed by this Protective Order may be terminated, except

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by a written stipulation executed by counsel of record for all parties, or by

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an order of this Court for good cause shown. The termination of this action

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shall not terminate the obligations specified in this Protective Order. All

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Protected Material produced by non-party 3M Company shall be

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destroyed within 180 days following the conclusion of all Related Cases.

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For purposes of this paragraph, “conclusion” means the last day to file a

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petition for a writ of certiorari with the United States Supreme Court

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challenging the last order entered by any lower court in any of the Related

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Cases, or the date on which such a petition is denied.

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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

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IT IS SO STIPULATED.

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Dated: May 27, 2011

3M COMPANY

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By

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/s/ Alpha Khaldi
Alpha Khaldi
Counsel for Non-Party 3M Company

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Dated: May 27, 2011

FAZIO | MICHELETTI LLP

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By

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/s/ Jeffrey L. Fazio
Jeffrey L. Fazio
Interim Co-Lead Class Counsel

Dated: May 27, 2011

CHIMICLES & TIKELLIS LLP

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By

/s/ Steven A. Schwartz
Steven A. Schwartz

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Interim Co-Lead Class Counsel

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Dated: May 27, 2011

MORRISON FОЕRSТER LLP

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By

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/s/Andrew D. Muhlbach
Andrew D. Muhlbach
Attorneys for Defendant Apple, Inc.

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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

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ATTESTATION OF FILER

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I, Kimberly A. Kralowec, hereby attest that concurrence in the filing of this

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document has been obtained from each of the other signatories. See N.D. Cal. Gen.

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Order No. 45, para. X(B).

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Dated: May 27, 2011

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By:

/s/ Kimberly A. Kralowec
Kimberly A. Kralowec
THE KRALOWEC LAW GROUP

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ORDER
IT IS SO ORDERED.

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Dated: May ___, 2011

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Hon Richard Seeborg
Judge of the District Court

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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