Badella et al v. Deniro Marketing, LLC et al

Filing 129

STIPULATION AND ORDER re 128 Stipulation Re: Discovery, filed by Alan Henning, Deniro Marketing, LLC, DeltaBreeze Holdings Ltd., Modena Marketing Inc. Signed by Judge Elizabeth D Laporte on 11/30/2011. (knsS, COURT STAFF) (Filed on 12/1/2011)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP

RALPH A. ZAPPALA, SB# 102052

2 PAMELA M. FERGUSON, SB# 202587

One Sansome Street, Suite 1400

3 San Francisco, California 94104

Telephone:

4 Facsimile:

415.362.2580
415.434.0882

5 THE KAUFMAN LAW GROUP

Gary Jay Kaufman SB# 92759
SB# 250915
1901 Avenue of the Stars, Suite 1010
7 Los Angeles, California 90067
6 Colin Hardacre

8 Telephone: [phone]
9

Facsimile: 310.712.0023
Attorneys for Defendants

10 ALLAN HENNING, DENIRO MARKETING LLC;

MODENA MARKETING, INC.; DELTABREEZE

11 HOLDINGS, LTD.

12 GARBARINI LAW GROUP PC

Daniel L. Balsam

13 2912 Diamond Street, #218

San Francisco, California 94131

14 Phone: [phone]
15

Fax:

415.869-2873

GARBARINI LAW GROUP PC

16 Richard M. Garbarini (pro hac vice)

Thomas J. FitzGerald (pro hac vice)

17 501 Fifth Ave., Suite 1708

New York, New York

18 Phone: [phone]
19
20

Fax:

888.265-7054

Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT

21

NORTHERN DISTRICT OF CALIFORNIA

22

SAN FRANCISCO DIVISION

23
24

ROBERT BADELLA, individually and on

CASE NO. CV 10 03908 CRB (EDL)

BRADLEY AUG, individually and on

STIPULATION AND [PROPOSED]
ORDER RE: DISCOVERY

25 behalf of all persons similarly situated;
26 behalf of all persons similarly situated;

LOUIS FEBUS, individually and on behalf

27 of all persons similarly situated; ROBERT

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

Trial Date:

None Set

LANGFORD, individually and on behalf
28 of all persons similarly situated;
4845-7464-0910.1

CV 10 03908 CRB (EDL)
STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY

1 MICHAEL SHANE YORK, individually

and on behalf of all persons similarly

2 situated; ROBERT W. JEFFRIES,

individually and on behalf of all persons

3 similarly situated,
4
5

Plaintiffs,
vs.

6 DENIRO MARKETING, LLC, a

California limited liability company;

7 ALAN HENNING, an individual;

MODENA MARKETING INC., an

8 Antigua and Barbuda corporation;

THOMAS JONES, an individual;

9 PIRANHA NEW MEDIA LTD., a United

Kingdom corporation; DELTABREEZE

10 HOLDINGS LTD., a Cyprus corporation;

PEN HELP LTD., a United Kingdom

11 corporation; and DOES 1-100,
12

Defendants.

13
14

Pursuant to the Court’s Orders arising out of plaintiffs’ motions to compel

15 (document numbers 92, 93, 94 and 95) and the hearing before the Court on said motions on
16 November 15, 2011, plaintiffs ROBERT BADELLA,

ROBERT LANGFORD,

17 MICHAEL SHANE YORK and ROBERT W. JEFFRIES (“Plaintiffs), represented by
18 Richard M. Garbarini, Thomas J. FitzGerald and Daniel L. Balsam, Garbarini Law Group
19 PC and defendants ALLAN HENNING, DENIRO MARKETING LLC; MODENA
20 MARKETING,

INC.; and DELTABREEZE HOLDINGS, LTD. (“Defendants”),

21 represented by Ralph A. Zappala, Lewis Brisbois Bisgaard & Smith LLP and Gary Jay
22 Kaufman, The Kaufman Law Group, submit the following stipulation:
23

1.

24

The time limit for discovery is from July 2007 to the present (“time
limitations”).

25

2.

The discovery is to concern the subject matters of dating and pornography.

26

3.

The Defendants are to produce documents and respond to an interrogatory,

27

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

as more specifically set forth below, on or before Tuesday, November 22,

28

2011. If the discovery is not made available to Plaintiffs at that time,
4845-7464-0910.1

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STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY

CV 10 03908 CRB (EDL)

1

Defendants are to provide to Plaintiffs explanations in the form of

2

declarations explaining the circumstances giving rise to any further delay.

3

The parties further agree that for the individual requests for documents and

4

the interrogatory set forth below, the named Defendants will provide their

5

responses singularly rather than separately.

6

4.

Pursuant to the Court’s ruling at the hearing on Plaintiffs’ motions to

7

compel, the discovery in this matter is to proceed with respect to the

8

individually named Plaintiffs and Plaintiffs at this point are not entitled to

9

discovery based on a class action.

10

5.

11

The following discovery requests have been modified and agreed upon in
accordance with the Court’s ruling on the motions to compel:

12

Request No. 1

13

Plaintiffs request that all documents and electronically stored information

14 concerning the corporate formation or corporate governance of DENIRO, including
15 without limitation certificates of incorporation, memoranda of association, articles of
16 association, articles of organization, by-laws, board meeting minutes, operating
17 agreements, annual reports, and annual returns.
18

Modification:

19

Defendants will produce the articles of incorporations and by-laws, if any, in the

20 possession of any of the named defendants and concerning any of the named defendants,
21 subject to agreed upon time of limitations.
22

Request No. 2

23

Documents sufficient to identify all persons who are or have been officers,

24 directors, shareholders, and/or members of DENIRO during the Relevant Times, and the
25 job titles and responsibilities for each such person.
26
27

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

Modification:
Defendants will produce documents identifying all persons who are officers,

28 including documents concerning their job titles as officers for any of the named defendants
4845-7464-0910.1

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STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY

CV 10 03908 CRB (EDL)

1 that are in the possession or under the control of the named defendants, subject to the time
2 limitations.
3

Request No. 9

4

Documents sufficient to identify all websites used to advertise, market, operate,

5 and/or carry out any adult internet services.
6

Modification:

7

Defendants will provide a list of all of the defendants’ websites concerning

8 pornography and dating, subject to the time limitations.
9
10

Request No. 21
All documents and electronically stored information concerning advertising and

11 marketing of adult internet services, including: market profiles, marketing strategies, and
12 market analyses, including but not limited to the affiliate programs.
13

Modification:

14

Defendants will produce in response to this request documentation regarding the

15 defendants’ marketing and advertising of pornography and dating services, subject to the
16 time limitations.
17

Request No. 26

18

All documents and electronically stored information concerning the creation and

19 use of policy(ies) regarding verified members and the verification process for users of an
20 adult internet service.
21

Modification:

22

Defendants will produce this information subject to the time limitations and this

23 request may overlap Request No. 21.
24

Request No. 27

25

All documents and electronically stored information relating to any claims that a

26 person who joins an additional adult internet service will “double” his/her opportunity to
27 actually meet someone.

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28

Modification:
4845-7464-0910.1

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STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY

CV 10 03908 CRB (EDL)

1

Defendants will respond to this request subject to the time limitations.

2

Request No. 28

3

All documents and electronically stored information concerning any electronic mail

4 campaign for the promotion, advertising, or marketing of an adult internet service.
5

Modification:

6

This request will be dealt with the same as Request Nos. 21 and 26, subject to the

7 time limitations, and Defendants anticipate there will be some overlap with those requests.
8

Request No. 31

9

All versions of the "terms and conditions" documents used in an adult internet

10 service for all relevant times.
11

Modification:

12

Defendants will provide its information responsive to this request concerning terms

13 and conditions, subject to the time limitations.
14

Request No. 37

15

All documents and electronically stored information concerning complaints about

16 any adult internet service.
17

Modification:

18

Defendants will provide, subject to the time limitations, responses to this request

19 limited to pornography and dating complaints. All personal data is to be eliminated from
20 any of the information produced in response to this request, including, but not limited to,
21 names, addresses, telephone numbers, email addresses, credit card and banking
22 information, and any depiction or likeness of any of the persons who made such
23 complaints about pornography and dating to the defendants.
24

Interrogatory

25

Further, it was stipulated that all defendants will provide a single response to the

26 following interrogatory:
27

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

Provide a description of job responsibilities for any and all officers of the named

28 defendants in the possession and control of the named defendants.
4845-7464-0910.1

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STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY

CV 10 03908 CRB (EDL)

1 DATED: November 29, 2011

LEWIS BRISBOIS BISGAARD & SMITH LLP

2
3

By:

4

/s/
Ralph A. Zappala

5
6 DATED: November 29, 2011

THE KAUFMAN LAW GROUP

7
8

By:

9
10
11

Attorneys for Defendants ALLAN HENNING,
DENIRO MARKETING LLC; MODENA
MARKETING, INC.; and DELTABREEZE
HOLDINGS, LTD.;

12
13
14

/s/ Gary J. Kaufman
Gary Jay Kaufman
Colin Hardacre

DATED: November 29, 2011

GARBARINI LAW GROUP PC

15
16

By:

17
18
19
20
21

/s/ Thomas J. Fitzgerald
Daniel L. Balsam
Richard M. Garbarini (pro hac vice)
Thomas J. FitzGerald (pro hac vice)
Attorneys for Plaintiffs

ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Ralph A. Zappala, attest that concurrence in the filing of this document has been

22 obtained from each of the other signatories. I declare under penalty of perjury under the laws of
23 the United States of America that the foregoing is true and correct.
24

Executed on November 29, 2011, in San Francisco, California.

25
26

____/s/__________________________
Ralph A. Zappala

27

LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

28
4845-7464-0910.1

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STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY

CV 10 03908 CRB (EDL)

1 IT IS SO ORDERED:
2
3

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Dated: November ___, 2011

4

___________________________________
United States Magistrate Judge
Elizabeth D. Laporte

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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4845-7464-0910.1

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STIPULATION AND [PROPOSED] ORDER RE: DISCOVERY

CV 10 03908 CRB (EDL)