Jenkins et al v. Mandelbaum et al

Filing 38

STIPULATION AND ORDER EXTENDING TIME TO ANSWER re 35 Stipulation, filed by 3EB Touring Inc, Stephan Jenkins Productions Inc, Third Eye Blind Inc, Stephan Jenkins. Signed by Judge Edward M. Chen on 5/16/11. (bpf, COURT STAFF) (Filed on 5/16/2011)

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RICHARD J. IDELL, ESQ. (SBN 069033)
ORY SANDEL, ESQ. (SBN 233204)
IDELL & SEITEL LLP
465 California Street, Suite 300
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs and Counter-Defendants
Stephan Jenkins, Third Eye Blind, Inc., 3EB
Touring, Inc. and Stephan Jenkins Productions, Inc.

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KENNETH M. LABBATE, ESQ. (admitted pro hac vice)
SANJIT SHAH, ESQ. (admitted pro hac vice)
DAVID A. NELSON, ESQ. (admitted pro hac vice)
MOUND, COTTON, WOLLAN & GREENGRASS

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JOSEPH M. RIMAC, ESQ. (SBN 072381)
WILLIAM REILLY, ESQ. (SBN 177550)
RIMAC & MARTIN, P.C.
1051 Divisadero Street
San Francisco, California 94115
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Thomas I. Mandelbaum
and Selverne, Mandelbaum & Mintz, LLP

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JAMES A. MURPHY, ESQ. (SBN 062223)
HARLAN B. WATKINS, ESQ. (SBN 176458)
MURPHY, PEARSON, BRADLEY & FEENEY
88 Kearny Street, 10th Floor
San Francisco, CA 94108-5530
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant and Cross-Claimant
Hiscock & Barclay, LLP
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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STEPHAN JENKINS, an individual; THIRD
EYE BLIND, INC., a California corporation;
3EB TOURING, INC., a California
corporation; and STEPHAN JENKINS
PRODUCTIONS, INC., a California
corporation,

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STIPULATION RE: PROTECTIVE
ORDER RE: CONFIDENTIALITY;
[PROPOSED] ORDER
(E-filing)

Plaintiffs,

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Case No.: CV-11-0211 EMC

Hon. Judge Edward M. Chen, Presiding

vs.
THOMAS IRVING MANDELBAUM, an
individual; SELVERNE, MANDELBAUM &
MINTZ, LLP, a New York limited liability
partnership; HISCOCK & BARCLAY, LLP, a
New York limited liability partnership; and
DOES 1 through 500, inclusive,
Defendants.

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HISCOCK & BARCLAY, LLP, a New York
limited liability partnership,

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Counter-Claimant,

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vs.
STEPHAN JENKINS, an individual; THIRD
EYE BLIND, INC., a California corporation;
3EB TOURING, INC., a California
corporation; and STEPHAN JENKINS
PRODUCTIONS, INC., a California
corporation,
Counter-Defendants.

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Subject to the approval of this Court, Plaintiffs and Counter-Defendants Stephan
Jenkins; Third Eye Blind, Inc.; 3EB Touring, Inc.; and Stephan Jenkins Productions, Inc.
(collectively, “Plaintiffs” or “Counter-Defendants”); Defendant Thomas I. Mandelbaum
(“Mandelbaum”); Defendant Selverne, Mandelbaum & Mintz, LLP (the “Selverne Firm”); and
Defendant and Counter-Claimant Hiscock & Barclay, LLP (the “Hiscock Firm”)
(Mandelbaum, the Selverne Firm and the Hiscock Firm are collectively referred to as
“Defendants”), by and through their undersigned counsel, hereby stipulate as follows:

STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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1.

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PURPOSES AND LIMITATIONS.
Disclosures and discovery activity in this action may involve production of sensitive

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financial and proprietary information, personal or private information and trade secrets of a

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Party, which are not public, and which financial, personal private and proprietary information

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and trade secrets, if disclosed, would put a Party at a competitive disadvantage in the

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marketplace in which the Party operates its business or which would otherwise cause

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irreparable harm to a Party and for which special protection from public disclosure and from

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use for any purpose other than prosecuting this litigation may be warranted (“Confidential

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Information”). Accordingly, the Parties hereby stipulate to and petition this Court to enter the

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following “Stipulated Protective Order.” The Parties acknowledge that this Order does not

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confer blanket protections on all disclosures or responses to discovery and that the protection

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that this Order affords from public disclosure and use extends only to the limited information

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or items that are entitled to confidential treatment under the applicable standard set forth herein

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and applicable legal principles. The Parties further acknowledge, as set forth in Section 12.3

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below, that this Stipulated Protective Order does not entitle them to file confidential

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information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed

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and the standards that will be applied when a party seeks permission from the court to file

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material under seal.

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2.

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DEFINITIONS.
2.1

“Challenging Party”: a Party or Non-Party that challenges the designation of

information or items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is

generated, stored or maintained) or tangible things as defined in Paragraph 1.
2.3

“Counsel” (without qualifier): Outside Counsel of Record and House Counsel

(as well as their support staff).
2.4

“Designating Party”: a Party or Non-Party that designates information or items

that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

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STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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2.5

“Disclosure or Discovery Material”: all items or information, regardless of the

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medium or manner in which it is generated, stored, or maintained (including, among other

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things, testimony, transcripts, and tangible things), that are produced or generated in

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disclosures or responses to discovery in this matter, including all such items or information

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produced or generated by a Non-Party pursuant to a subpoena or other legal process, or that

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were produced pursuant to a similar protective order in another action.

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2.6

“Expert”: a person with specialized knowledge or experience in a matter

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pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert

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witness or as a consultant in this action.

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2.7

“House Counsel”: attorneys who are employees of a party to this action. House

Counsel does not include Outside Counsel of Record or any other outside counsel.
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“Non-Party”: any natural person, partnership, corporation, association, or other

legal entity not named as a Party to this action.
2.9

“Insurer”: any insurance company that has issued a policy of insurance that

may provide coverage or a defense in this matter.
2.10

“Outside Counsel of Record”: attorneys who are not employees of a party to

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this action but are retained to represent or advise a party to this action and have appeared in

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this action on behalf of that party or are affiliated with a law firm which has appeared on behalf

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of that party.

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2.11

“Outside Counsel For An Insurer”: Attorneys who are not employees of a Party

to this action but are retained to represent or advise an insurer to a Party to this action.
2.12

“Party”: any party to this action, including his or its employee and as to any

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Party that is not a natural person -- all of its officers, directors, partners, members, shareholders

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and employees.

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2.13

“Parties”: all of the parties to this action, including his or its employees, and as

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to any Party that is not a natural person -- all of its officers, directors, partners, members,

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shareholders and employees.

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STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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2.14

“Producing Party”: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.

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“Professional Vendors”: persons or entities that provide litigation support

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services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations,

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and organizing, storing, or retrieving data in any form or medium) and their employees and

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subcontractors.

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“Protected Material”: any Disclosure or Discovery Material that is designated

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as “CONFIDENTIAL.” “Protected Material” may also include litigation materials, discovery

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or evidence that was designated “CONFIDENTIAL” in another action pursuant to a similar

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protective order.

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a Producing Party.

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3.

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“Receiving Party”: a Party that receives Disclosure or Discovery Material from

SCOPE.
The protections conferred by this Stipulation and Order cover not only Protected

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Material (as defined above), but also (1) any information copied or extracted from Protected

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Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3)

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any testimony, conversations, or presentations by Parties or their Counsel that might reveal

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Protected Material. However, the protections conferred by this Stipulation and Order do not

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cover the following information: (a) any information that is in the public domain at the time of

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disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a

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Receiving Party as a result of publication not involving a violation of this Order, including

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becoming part of the public record through trial or otherwise; and (b) any information known

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to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the

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disclosure from a source who obtained the information lawfully and under no obligation of

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confidentiality to the Designating Party. This Stipulated Protective Order does not govern the

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use of Protected Material at trial, and any use of Protected Material at trial shall be governed

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by a separate agreement or order.

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4.

DURATION.

STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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Even after final disposition of this litigation, the confidentiality obligations imposed by

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this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court

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order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all

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claims and defenses in this action, with or without prejudice; and (2) final judgment herein

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after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of

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this action, including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL.
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each

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Party or Non-Party that designates information or items for protection under this Order must

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take care to limit any such designation to specific material that qualifies under the appropriate

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standards. The Designating Party must designate for protection only those parts of material,

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documents, items, or oral or written communications that qualify, so that other portions of the

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material, documents, items, or communications for which protection is not warranted are not

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swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations that

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are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

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unnecessarily encumber or retard the case development process or to impose unnecessary

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expenses and burdens on other parties) may expose the Designating Party to sanctions. A Party

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shall not designate items or information “CONFIDENTIAL” merely because he or it previously

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designated such items or information “CONFIDENTIAL” in other litigation. There must be an

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independent basis for designating items or information “CONFIDENTIAL”, provided however

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that any depositions, documents and other discovery marked “CONFIDENTIAL” in Jenkins v.

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Godtland, Action No.: CGC-08-476453, San Francisco Superior Court, shall remain

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“CONFIDENTIAL” in this litigation if produced pursuant to this Stipulation and Order.

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If it comes to a Designating Party’s attention that information or items that it designated

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for protection do not qualify for protection, that Designating Party must promptly notify all

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other Parties that it is withdrawing the mistaken designation.

STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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5.2

Manner and Timing of Designations. Disclosure or Discovery Material that

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qualifies for protection under this Order must be clearly so designated as provided in this Order

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or as otherwise stipulated or ordered.

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Designation in conformity with this Order requires:

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(a)

Documents. For information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other pretrial or trial proceedings)

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(“Documents”), that the Producing Party affix the legend “CONFIDENTIAL” to each page

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that contains protected material. If only a portion or portions of the material on a page

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qualifies for protection, the Producing Party also must clearly identify the protected portion(s)

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(e.g., by making appropriate markings in the margins).
In the case of Documents produced by a third party pursuant to a subpoena or other

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court process, such Documents shall be deemed “CONFIDENTIAL” at the time of production

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and for a period of fifteen (15) days following production to all Parties, during which period

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any Party may designate any of the Documents produced as “CONFIDENTIAL” using the

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same criteria set forth herein and the same procedure for objection; provided, however, that if

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third party Documents have already been marked “CONFIDENTIAL” pursuant to a similar

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protective order entered in another action, such Documents shall remain confidential in this

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case, absent an agreement or court order.

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A Party or Non-Party that makes original Documents or materials available for

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inspection need not designate them for protection until after the inspecting Party has indicated

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which material it would like copied and produced. During the inspection and before the

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designation, all of the material made available for inspection shall be deemed

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“CONFIDENTIAL.” After the inspecting Party has identified the Documents it wants copied

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and produced, the Producing Party must determine which documents, or portions thereof,

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qualify for protection under this Order. Then, before producing the specified Documents, the

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Producing Party must affix the “CONFIDENTIAL” legend to each page that contains

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Protected Material. If only a portion or portions of the material on a page qualifies for

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STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by

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making appropriate markings in the margins).

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(b)

Testimony. For testimony given in deposition or in other pretrial or trial

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proceedings (“Testimony”), that the Designating Party either (a) verbally advise the court

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reporter on the record or (b) notify the court reporter in writing within fifteen (15) business

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days following the receipt of the transcript of the deposition of those pages and line numbers to

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be designated, in which case the portions of the transcript of the designated Testimony shall be

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bound in a separate volume and marked “CONFIDENTIAL” by the reporter.

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(c)

Other tangible items. For information produced in some form other than

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documentary and for any other tangible items, that the Producing Party affix in a prominent

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place on the exterior of the container or containers in which the information or item is stored

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the legend “CONFIDENTIAL.” If only a portion or portions of the information or item

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warrant protection, the Producing Party, to the extent practicable, shall identify the protected

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portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

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designate qualified information or items does not, standing alone, waive the Designating

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Party’s right to secure protection under this Order for such material. Upon timely correction of

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a designation, the Receiving Party must make reasonable efforts to assure that the material is

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treated in accordance with the provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS.
6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

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confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

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designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

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burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to

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challenge a confidentiality designation by electing not to mount a challenge promptly after the

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original designation is disclosed.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

process by providing written notice of each designation it is challenging and describing the

STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the

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written notice must recite that the challenge to confidentiality is being made in accordance with

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this specific paragraph of the Stipulated Protective Order. The parties shall attempt to resolve

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each challenge in good faith and must begin the process by conferring directly (in voice to

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voice dialogue; other forms of communication are not sufficient) within five (5) business days

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of the date of service of notice. In conferring, the Challenging Party must explain the basis for

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its belief that the confidentiality designation was not proper and must give the Designating

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Party an opportunity to review the designated material, to reconsider the circumstances, and, if

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no change in designation is offered, to explain the basis for the chosen designation. A

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Challenging Party may proceed to the next stage of the challenge process only if it has engaged

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in this meet and confer process first or establishes that the Designating Party is unwilling to

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participate in the meet and confer process in a timely manner.

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6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

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intervention, the Challenging Party shall file and serve a motion to dedesignate the Protected

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Material under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if

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applicable) within twenty-one (21) days of the initial notice of challenge or within fourteen

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(14) days of the parties agreeing that the meet and confer process will not resolve their dispute,

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whichever is earlier. Each such motion must be accompanied by a competent declaration

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affirming that the movant has complied with the meet and confer requirements imposed in the

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preceding paragraph. Failure by the Challenging Party to make such a motion including the

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required declaration within twenty-one (21) days (or fourteen (14) days, if applicable) shall

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automatically waive any right to challenge the confidentiality designation for each challenged

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designation. Any motion brought pursuant to this provision must be accompanied by a

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competent declaration affirming that the movant has complied with the meet and confer

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requirements imposed by the preceding paragraph.

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The burden of persuasion in any such challenge proceeding shall be on the Challenging

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Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

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unnecessary expenses and burdens on other parties) may expose the Challenging Party to
Designating
STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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sanctions. If the Challenging Party has waived the right to challenge the confidentiality

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designation by failing to file a motion as described above, all parties shall continue to afford

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the material in question the level of protection to which it is entitled under the Producing

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Party’s designation.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL.
7.1

Basic Principles. A Receiving Party may use Protected Material that is

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disclosed or produced by another Party or by a Non-Party in connection with this case only for

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prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be

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disclosed only to the Parties and to the other categories of persons and under the conditions

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described in this Order. When the litigation has been terminated, a Receiving Party must

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comply with the provisions of section 13 below (FINAL DISPOSITION). Protected Material

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must be stored and maintained by a Receiving Party at a location and in a secure manner that

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ensures that access is limited to the persons authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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ordered by the court or permitted in writing by the Designating Party, a Receiving Party may

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disclose any information or item designated “CONFIDENTIAL” only to the Parties and to:

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(a)

the Receiving Party’s Outside Counsel of Record in this action, as well as

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employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose

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the information for this litigation;

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(b)

the Receiving Party’s insurer and any employees of the insurer or any Outside

Counsel For An Insurer.
(c)

the officers, directors, and employees (including House Counsel) of the

Receiving Party to whom disclosure is reasonably necessary for this litigation;
(d)

Experts (as defined in this Order) of the Receiving Party to whom disclosure is

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reasonably necessary for this litigation and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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(e)

the court and its personnel;

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STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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(f)

court reporters and their staff, professional jury or trial consultants, mock jurors,

and Professional Vendors to whom disclosure is reasonably necessary for this litigation;

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(g)

during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary, unless otherwise agreed by the Designating Party or ordered by the

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court. Pages of transcribed deposition testimony or exhibits to depositions that reveal

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Protected Material must be separately bound by the court reporter and may not be disclosed to

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anyone except as permitted under this Stipulated Protective Order; or

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(h)

the author or recipient of a document containing the information or a custodian

or other person who otherwise possessed or knew the information.

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(i)

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this action.

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8.

coverage counsel retained by any Party to review coverage issues pertaining to

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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OTHER LITIGATION.

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If a Party is served with a subpoena or a court order issued in other litigation that the

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Party believes compels disclosure of any information or items designated in this action as

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“CONFIDENTIAL,” that Party must:

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(a)

promptly notify in writing the Designating Party. Such notification shall

include a copy of the subpoena or court order;
(b)

promptly notify in writing the party who caused the subpoena or order to issue

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in the other litigation that some or all of the material covered by the subpoena or order is

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subject to this Stipulated Protective Order. Such notification shall include a copy of this

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Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be pursued by the

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Designating Party whose Protected Material may be affected. If the Designating Party timely

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seeks a protective order and an order is obtained staying production, the Party served with the

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subpoena or court order shall not produce any information designated in this action as

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“CONFIDENTIAL” before a determination by the court from which the subpoena or order

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issued that such information must be produced, unless the Party has obtained the Designating

STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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Party’s permission to produce such information. The Designating Party shall bear the burden

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and expense of seeking protection in that court of its confidential material, and nothing in these

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provisions should be construed as authorizing or encouraging a Receiving Party in this action

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to disobey a lawful discovery request, order or other directive from another court.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN

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THIS LITIGATION.

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(a)

The terms of this Order are applicable to information produced by a Non-Party

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in this action and designated as “CONFIDENTIAL.” Such information produced by Non-

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Parties in connection with this litigation is protected by the remedies and relief provided by this

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Order. Nothing in these provisions should be construed as prohibiting a Non-Party from

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seeking additional protections.

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(b)

In the event that a Party is required, by a valid discovery request, to produce a

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Non-Party’s confidential information in its possession, and the Party is subject to an agreement

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with the Non-Party not to produce the Non-Party’s confidential information, then the Party

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shall:

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1.

promptly notify in writing the Requesting Party and the Non-Party that

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some or all of the information requested is subject to a confidentiality agreement with a

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Non-Party;

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2.

promptly provide the Non-Party with a copy of the Stipulated Protective

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Order in this litigation, the relevant discovery request(s), and a reasonably specific

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description of the information requested; and

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3.

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Party.

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(c)

make the information requested available for inspection by the Non-

If the Non-Party fails to object or seek a protective order from this court within

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fourteen (14) days of receiving the notice and accompanying information, the Receiving Party

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may produce the Non-Party’s confidential information responsive to the discovery request. If

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the Non-Party timely seeks a protective order, the Receiving Party shall not produce any

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information in its possession or control that is subject to the confidentiality agreement with the

STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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Non-Party before a determination by the court that such information must be produced.1

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Absent a court order to the contrary, the Non-Party shall bear the burden and expense of

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seeking protection in this court of its Protected Material. This Section 9 shall not apply to

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material which becomes Protected Material because it was designated as “CONFIDENTIAL”

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under a similar protective order in another action.

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10.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

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Material to any person or in any circumstance not authorized under this Stipulated Protective

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Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the

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unauthorized disclosure, (b) use its best efforts to retrieve all unauthorized copies of the

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Protected Material, (c) inform the person or persons to whom unauthorized disclosure was

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made of all the terms of this Order, and (d) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

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11.

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL.

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When a Producing Party gives notice to Receiving Parties that certain inadvertently produced

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material is subject to a claim of privilege or other protection, the obligations of the Receiving

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Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not

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intended to modify whatever procedure may be established in an e-discovery order that

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provides for production without prior privilege review. Pursuant to Federal Rule of Evidence

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502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a

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communication or information covered by the attorney-client privilege or work product

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protection, the parties may incorporate their agreement in the stipulated protective order

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submitted to the court.

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12.

MISCELLANOUS.

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The purpose of this provision is to alert the interested parties to the existence of confidentiality
rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality
interests in this court.
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12.1

Right to Further Relief. Nothing in this Order abridges the right of any person

to seek its modification by the court in the future.

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12.2

Right to Assert Other Objections. By stipulating to the entry of this Protective

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Order, no Party waives any right it otherwise would have to object to disclosing or producing

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any information or item on any ground not addressed in this Stipulated Protective Order.

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Similarly, no Party waives any right to object on any ground to use in evidence of any of the

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material covered by this Protective Order.

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12.3

Filing Protected Material. Without written permission from the Designating

Party or a court order 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 seeks to file under

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seal any Protected Material must comply with Civil Local Rule 79-5. If a Receiving Party’s

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request to file Protected Material under seal pursuant to Civil Local Rule 79-5 is denied by the

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court, then the Receiving Party may not file the information in the public record without a

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stipulation of the Parties. If such a stipulation is not forthcoming then the burden shall fall on

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the Party desirous of filing the material to obtain relief from this stipulation and order.

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13.

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FINAL DISPOSITION.
Within sixty (60) days after the final disposition of this action, as defined in paragraph

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4, each Receiving Party must return all Protected Material to the Producing Party or destroy

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such material. As used in this subdivision, “all Protected Material” includes all copies,

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abstracts, compilations, summaries, and any other format reproducing or capturing any of the

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Protected Material. Whether the Protected Material is returned or destroyed, the Receiving

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Party must, upon the written request of the Producing Party, submit a written certification to

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the Producing Party (and, if not the same person or entity, to the Designating Party) by the

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sixty (60) day deadline that (1) identifies (by category, where appropriate) all the Protected

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Material that was returned or destroyed and (2) affirms that the Receiving Party has not

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retained any copies, abstracts, compilations, summaries or any other format reproducing or

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capturing any of the Protected Material.

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STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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1

Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

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pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

3

correspondence, deposition and trial exhibits, expert reports, attorney work product, and

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consultant and expert work product, even if such materials contain Protected Material. Any

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such archival copies that contain or constitute Protected Material remain subject to this

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Protective Order as set forth in Section 4 (DURATION).

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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IDELL & SEITEL LLP

9

13

/s/
Richard J. Idell
Ory Sandel
Attorneys for Plaintiffs and Counter-Defendants
Stephan Jenkins, Third Eye Blind, Inc., 3EB
Touring, Inc. and Stephan Jenkins Productions, Inc.

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MOUND, COTTON, WOLLAN & GREENGRASS

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Dated: May 11, 2011

By:

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12

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Dated: May 11, 2011

By:

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17
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/s/
Kenneth M. Labbate
Sanjit Shah
David A. Nelson
Joseph M. Rimac
William Reilly
RIMAC & MARTIN, P.C.
1051 Divisadero Street
San Francisco, CA 94115

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20
21

Attorneys for Defendants
Thomas I. Mandelbaum and
Selverne, Mandelbaum, & Mintz, LLP

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23
24

MURPHY, PEARSON, BRADLEY & FEENEY

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Dated: May 11, 2011
26
27
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By:

/s/
James A. Murphy
Harlan B. Watkins
Attorneys for Defendant and Cross-Claimant
Hiscock & Barclay, LLC

STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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1

ATTESTATION OF CONCURRENCE

2

I, Richard J. Idell, as the ECF user and filer of this document, attest that, pursuant to

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General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from

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Sanjit Shah and Harlan B. Watkins, the above signatories.

5
6

IDELL & SEITEL LLP
Dated: May 11, 2011

7
8
9

By:

/s/
Richard Idell
Ory Sandel
Attorneys for Plaintiffs and Counter-Defendants
Stephan Jenkins, Third Eye Blind, Inc., 3EB
Touring, Inc. and Stephan Jenkins Productions, Inc.

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[PROPOSED] ORDER

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PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.

S

ER

H

19

RT

18

dward
Judge E

20

R NIA

n

M. Che

FO

17

AS

Hon. Edward M. Chen
ED
Magistrate JudgeO ORDER States District Court
S of the United
T IS of California
NorthernIDistrictMODIFIED

LI

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5/16/11

RT
U
O

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Dated:

S DISTRICT
TE
C
TA

NO

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(modified page 9)

UNIT
ED

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A

12

N

F
D IS T IC T O
R

C

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STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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[print or type full name], of

I,

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[print or type full address], declare under penalty of

5

perjury that I have read in its entirety and understand the Stipulation re: Protective Order re:

6

Confidentiality that was issued by the United States District Court for the Northern District

7

of California on

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Mandelbaum, et al., Case No. CV-11-0211 EMC. I agree to comply with and to be bound by

9

all the terms of this Stipulation re: Protective Order re: Confidentiality. I promise that I will

[date] in the case of Jenkins, et al. v.

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not disclose in any manner any information or item that is subject to this Stipulation re:

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Protective Order re: Confidentiality to any person or entity except in strict compliance with

12

the provisions of this Order.

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Dated:

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City and State where sworn and signed:

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Printed name:

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Signature:

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21
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23
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25
26
27
28

STIPULATION RE: PROTECTIVE ORDER RE: CONFIDENTIALITY

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