Main v. Wal-Mart Stores Inc
Filing
48
ORDER GRANTING 47 Stipulated Protective Order. Signed by Judge JEFFREY S. WHITE on 1/31/12. (jjoS, COURT STAFF) (Filed on 1/31/2012)
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Abraham J. Colman (SBN 146933)
acolman@reedsmith.com
Scott H. Jacobs (SBN 81980)
shjacobs@reedsmith.com
Brandon W. Corbridge (SBN 244934)
bcorbridge@reedsmith.com
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Telephone:
Facsimile:
213.457.8000
213.457.8080
Attorneys for Defendant
WAL-MART STORES, INC.
REED SMITH LLP
UNITED STATES DISTRICT COURT
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A limited liability partnership formed in the State of Delaware
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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KIMBERLEY MAIN, and EYAD AKEL,
individuals, on behalf of themselves and all others
similarly situated,
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vs.
WAL-MART STORES, INC., a Delaware
corporation, and DOES 1 through 50, inclusive,
Defendants.
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STIPULATED PROTECTIVE ORDER
Plaintiffs,
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Case No.: 3:11-cv-01919-JSW
The Honorable Jeffrey S. White
AND CONSOLIDATED CASES
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1.
PURPOSES AND LIMITATIONS
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Disclosure and discovery activity in this action are likely to involve production of
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confidential, proprietary, or private information for which special protection from public disclosure
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and from use for any purpose other than prosecuting this litigation would be warranted.
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Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated
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Protective Order. The parties acknowledge that this Order does not confer blanket protections on all
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disclosures or responses to discovery and that the protection it affords extends only to the limited
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information or items that are entitled under the applicable legal principles to treatment as
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confidential. The parties further acknowledge, as set forth in Section 10, below, that this Stipulated
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Protective Order creates no entitlement to file confidential information under seal; Civil Local Rule
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79-5 sets forth the procedures that must be followed and reflects the standards that will be applied
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when a party seeks permission from the court to file material under seal.
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2.
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2.1
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REED SMITH LLP
Party: any party to this action, including all of its officers, directors,
employees, consultants, retained experts, and outside counsel (and their support staff).
2.2
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A limited liability partnership formed in the State of Delaware
DEFINITIONS
Disclosure or Discovery Material: all items or information, regardless of the
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medium or manner generated, stored, or maintained (including, among other things, testimony,
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transcripts, or tangible things) that are produced or generated in disclosures or responses to
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discovery in this matter.
2.3
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“Confidential” Information or Items: information (regardless of how
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generated, stored or maintained) or tangible things that qualify for protection under standards
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developed under F.R.Civ.P. 26(c).
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2.4
“Highly Confidential – Attorneys’ Eyes Only” Information or Items:
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extremely sensitive “Confidential Information or Items” whose disclosure to another Party or non-
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party would create a substantial risk of serious injury that could not be avoided by less restrictive
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means.
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2.5
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a Producing Party.
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2.6
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Receiving Party: a Party that receives Disclosure or Discovery Material from
Producing Party: a Party or non-party that produces Disclosure or Discovery
Material in this action.
2.7
Designating Party: a Party or non-party that designates information or items
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that it produces in disclosures or in responses to discovery as “Confidential” or “Highly Confidential
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— Attorneys’ Eyes Only.”
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2.8
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as “Confidential” or as “Highly Confidential – Attorneys’ Eyes Only.”
2.9
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Protected Material: any Disclosure or Discovery Material that is designated
Outside Counsel: attorneys who are not employees of a Party but who are
retained to represent or advise a Party in this action.
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2.10
House Counsel: attorneys who are employees of a Party.
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2.11
Counsel (without qualifier): Outside Counsel and House Counsel (as well as
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their support staffs).
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2.12
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Expert: a person with specialized knowledge or experience in a matter
pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert
REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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witness or as a consultant in this action and who is not a past or a current employee of a Party or of a
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competitor of a Party’s and who, at the time of retention, is not anticipated to become an employee
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of a Party or a competitor of a Party’s. This definition includes a professional jury or trial consultant
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retained in connection with this litigation.
2.13
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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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organizing, storing, retrieving data in any form or medium; etc.) and their employees and
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subcontractors.
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3.
SCOPE
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The protections conferred by this Stipulation and Order cover not only Protected Material (as
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defined above), but also any information copied or extracted therefrom, as well as all copies,
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excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by
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parties or counsel to or in court or in other settings that might reveal Protected Material.
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4.
DURATION
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Even after the termination of this litigation, the confidentiality obligations imposed by this
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Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
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otherwise directs.
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5.
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection. Each
care to limit any such designation to specific material that qualifies under the appropriate standards.
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A Designating Party must take care to 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 swept
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unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are
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prohibited. If it comes to a Party’s or a non-party’s attention that information or items that it
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REED SMITH LLP
Party or non-party that designates information or items for protection under this Order must take
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A limited liability partnership formed in the State of Delaware
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designated for protection do not qualify for protection at all, or do not qualify for the level of
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protection initially asserted, that Party or non-party must promptly notify all other parties that it is
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withdrawing the mistaken designation.
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5.2
Manner and Timing of Designations. Except as otherwise provided in this
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Order (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered,
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material that qualifies for protection under this Order must be clearly so designated before the
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material is disclosed or produced.
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Designation in conformity with this Order requires:
(a)
for information in documentary form (apart from transcripts of
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depositions or other pretrial or trial proceedings), that the Producing Party affix the legend
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” at the top of
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each page 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) (e.g.,
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by making appropriate markings in the margins) and must specify, for each portion, the level of
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protection being asserted (either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY”).
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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 which
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material it would like copied and produced. During the inspection and before the designation, all of
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the material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants
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copied 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 appropriate legend (“CONFIDENTIAL” or “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) at the top of each page that contains Protected
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Material. If only a portion or portions of the material on a page qualifies for protection, the
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Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
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markings in the margins) and must specify, for each portion, the level of protection being asserted
REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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(either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”).
(b)
for testimony given in deposition or in other pretrial or trial
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proceedings, that the Party or non-party offering or sponsoring the testimony identify on the record,
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before the close of the deposition, hearing, or other proceeding, all protected testimony, and further
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specify any portions of the testimony that qualify as “HIGHLY CONFIDENTIAL – ATTORNEYS’
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EYES ONLY.” When it is impractical to identify separately each portion of testimony that is
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entitled to protection, and when it appears that substantial portions of the testimony may qualify for
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protection, the Party or non-party that sponsors, offers, or gives the testimony may invoke on the
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record (before the deposition or proceeding is concluded) a right to have up to 20 days to identify the
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specific portions of the testimony as to which protection is sought and to specify the level of
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protection being asserted (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
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EYES ONLY”). Only those portions of the testimony that are appropriately designated for
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protection within the 20 days shall be covered by the provisions of this Stipulated Protective Order.
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Transcript pages containing Protected Material must be separately bound by
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the court reporter, who must affix to the top of each such page the legend “CONFIDENTIAL” or
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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” as instructed by the Party or non-
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party offering or sponsoring the witness or presenting the testimony.
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(c)
for information produced in some form other than documentary, and
for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the
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container or containers in which the information or item is stored the legend “CONFIDENTIAL” or
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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only portions of the information
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or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected
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portions, specifying whether they qualify as “Confidential” or as “Highly Confidential – Attorneys’
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Eyes Only.”
5.3
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Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
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to designate qualified information or items as “Confidential” or “Highly Confidential – Attorneys’
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Eyes Only” does not, standing alone, waive the Designating Party’s right to secure protection under
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this Order for such material. If material is appropriately designated as “Confidential” or “Highly
REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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Confidential – Attorneys’ Eyes Only” after the material was initially produced, the Receiving Party,
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on timely notification of the designation, 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.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
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Timing of Challenges. Unless a prompt challenge to a Designating Party’s
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confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary
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economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive
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its right to challenge a confidentiality designation by electing not to mount a challenge promptly
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after the original designation is disclosed.
6.2
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Meet and Confer. A Party that elects to initiate a challenge to a Designating
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Party’s confidentiality designation must do so in good faith and must begin the process by conferring
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directly (in voice to voice dialogue; other forms of communication are not sufficient) with counsel
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for the Designating Party. In conferring, the challenging Party must explain the basis for its belief
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that the confidentiality designation was not proper and must give the Designating Party an
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opportunity to review the designated material, to reconsider the circumstances, and, if no change in
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designation is offered, to explain the basis for the chosen designation. A challenging Party may
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proceed to the next stage of the challenge process only if it has engaged in this meet and confer
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process first.
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6.3
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Judicial Intervention. A Party that elects to press a challenge to a
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confidentiality designation after considering the justification offered by the Designating Party may
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file and serve a motion under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if
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applicable) that identifies the challenged material and sets forth in detail the basis for the challenge.
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Each such motion must be accompanied by a competent declaration that affirms that the movant has
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complied with the meet and confer requirements imposed in the preceding paragraph and that sets
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forth with specificity the justification for the confidentiality designation that was given by the
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Designating Party in the meet and confer dialogue.
The burden of persuasion in any such challenge proceeding shall be on the
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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Designating Party. Until the court rules on the challenge, all parties shall continue to afford the
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material in question the level of protection to which it is entitled under the Producing Party’s
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designation.
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7.
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 categories of persons and under the conditions described in this Order. When
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the litigation has been terminated, a Receiving Party must comply with the provisions of section 11,
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below (FINAL DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a location
and in a secure manner that ensures that access is limited to the persons authorized under this Order.
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:
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(a)
the Receiving Party’s Outside Counsel of record in this action, as well
as employees of said Counsel to whom it is reasonably necessary to disclose the information for this
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litigation and who have signed the “Agreement to Be Bound by Protective Order” that is attached
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hereto as Exhibit A;
(b)
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the officers, directors, and employees (including House Counsel) of
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the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have
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signed the “Agreement to Be Bound by Protective Order” (Exhibit A);
(c)
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experts (as defined in this Order) of the Receiving Party to whom
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disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be
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Bound by Protective Order” (Exhibit A);
REED SMITH LLP
(d)
the Court and its personnel;
10
A limited liability partnership formed in the State of Delaware
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(e)
court reporters, their staffs, and professional vendors to whom
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disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be
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Bound by Protective Order” (Exhibit A);
(f)
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during their depositions, witnesses in the action to whom disclosure is
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reasonably necessary and who have signed the “Agreement to Be Bound by Protective Order”
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(Exhibit A). 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.
(g)
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7.3
the author of the document or the original source of the information.
Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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Information or Items. Unless otherwise ordered by the court or permitted in writing by the
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Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
(a)
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the Receiving Party’s Outside Counsel of record in this action, as well
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as employees of said Counsel to whom it is reasonably necessary to disclose the information for this
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litigation and who have signed the “Agreement to Be Bound by Protective Order” that is attached
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hereto as Exhibit A;
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(b)
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Experts (as defined in this Order) (1) to whom disclosure is reasonably
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necessary for this litigation, (2) who have signed the “Agreement to Be Bound by Protective Order”
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(Exhibit A);
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(c)
the Court and its personnel;
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(d)
court reporters, their staffs, and professional vendors to whom
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disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be
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Bound by Protective Order” (Exhibit A); and
(e)
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the author of the document or the original source of the information.
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION.
If a Receiving Party is served with a subpoena or an order issued in other litigation
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that would compel disclosure of any information or items designated in this action as
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” the
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Receiving Party must so notify the Designating Party, in writing (by fax, if possible) immediately
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and in no event more than three court days after receiving the subpoena or order. Such notification
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must include a copy of the subpoena or court order.
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The Receiving Party also must immediately inform in writing the Party who caused
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the subpoena or order to issue in the other litigation that some or all the material covered by the
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subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must
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deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that
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caused the subpoena or order to issue.
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The purpose of imposing these duties is to alert the interested parties to the existence
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of this Protective Order and to afford the Designating Party in this case an opportunity to try to
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protect its confidentiality interests in the court from which the subpoena or order issued. The
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Designating Party shall bear the burdens and the expenses of seeking protection in that court of its
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confidential material – and nothing in these provisions should be construed as authorizing or
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encouraging a Receiving Party in this action to disobey a lawful directive from another court.
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9.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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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 Order,
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the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
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disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) inform the
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person or persons to whom unauthorized disclosures were made of all the terms of this Order, and
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(d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound”
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that is attached hereto as Exhibit A.
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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10.
FILING PROTECTED MATERIAL.
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Without written permission from the Designating Party or a court order secured after
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appropriate notice to all interested persons, a Party may not file in the public record in this action
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any Protected Material. A Party that seeks to file under seal any Protected Material must comply
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with Civil Local Rule 79-5.
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11.
FINAL DISPOSITION.
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Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days after
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the final termination of this action, each Receiving Party must return all Protected Material to the
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Producing Party. As used in this subdivision, “all Protected Material” includes all copies, abstracts,
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compilations, summaries or any other form of reproducing or capturing any of the Protected
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Material. With permission in writing from the Designating Party, the Receiving Party may destroy
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some or all of the Protected Material instead of returning it. Whether the Protected Material is
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returned or destroyed, the Receiving Party must submit a written certification to the Producing Party
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(and, if not the same person or entity, to the Designating Party) by the sixty day deadline that
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identifies (by category, where appropriate) all the Protected Material that was returned or destroyed
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and that affirms that the Receiving Party has not retained any copies, abstracts, compilations,
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summaries or other forms of reproducing or capturing any of the Protected Material.
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Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings,
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motion papers, transcripts, legal memoranda, correspondence or attorney work product, even if such
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materials contain Protected Material. Any such archival copies that contain or constitute Protected
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Material remain subject to this Protective Order as set forth in Section 4 (DURATION), above.
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12.
MISCELLANEOUS
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.
12.2
Right to Assert Other Objections. By stipulating to the entry of this Protective
Order no Party waives any right it otherwise would have to object to disclosing or producing any
REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
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Party waives any right to object on any ground to use in evidence of any of the material covered by
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this Protective Order.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:
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Dated: January 17, 2012
REED SMITH LLP
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/s/ Scott H. Jacobs
Abraham J. Colman
Scott H. Jacobs
Brandon W. Corbridge
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Attorneys for Defendant
WAL-MART STORES, INC.
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Dated: January 17, 2012
STONEBARGER LAW, APC
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/s/Gene J. Stonebarger
Gene J. Stonebarger
Richard D. Lambert
75 Iron Point Circle, Suite 145
Folsom, CA 95630
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Co-Lead Counsel for Plaintiffs and the Class
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Dated: January 17, 2012
WESTRUP KLICK LLP
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/s/Mark L. VanBuskirk
Mark L. VanBuskirk
R. Duane Westrup
444 W. Ocean Blvd., Suite 1614
Long Beach, CA 90802-4524
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Co-Lead Counsel for Plaintiffs and the Class
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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PURSUANT TO STIPULATION, IT IS SO ORDERED:
Dated: January 31, 2012
_________________
Honorable Jeffrey S. White
United States District Judge
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EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, _____________________________ [print or type full name], of _________________
understand the Stipulated Protective Order that was issued by the United States District Court for the
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Northern District of California on January __, 2012 in the case of Main v. Wal-Mart Stores, Inc.,
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Case No.: 3:11-cv-01919-JSW. I agree to comply with and to be bound by all the terms of this
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Stipulated Protective Order and I understand and acknowledge that failure to so comply could
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expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not
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REED SMITH LLP
[print or type full address], declare under penalty of perjury that I have read in its entirety and
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A limited liability partnership formed in the State of Delaware
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disclose in any manner any information or item that is subject to this Stipulated Protective Order to
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any person or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court for the
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Northern District of California for the purpose of enforcing the terms of this Stipulated Protective
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Order, even if such enforcement proceedings occur after termination of this action.
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I hereby appoint __________________________ [print or type full name] of
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_______________________________________ [print or type full address and telephone number] as
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my California agent for service of process in connection with this action or any proceedings related
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to enforcement of this Stipulated Protective Order.
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Date: _________________________________
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City and State where sworn and signed: _________________________________
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Printed name: ______________________________
[printed name]
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Signature: __________________________________
[signature]
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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PROOF OF SERVICE
I, Candice A. Spoon, declare as follows:
I am a resident of the State of California, over the age of eighteen years, and not a
party to the within action. My business address is REED SMITH LLP, 355 South Grand Avenue,
Suite 2900, Los Angeles, CA 90071-1514. On January 18, 2012, I served the following
document(s) by the method indicated below:
STIPULATED PROTECTIVE ORDER
BY CM/ECF ELECTRONIC DELIVERY: In accordance with the registered case
participants and in accordance with the procedures set forth at the Court’s website
www.ecf.cand.uscourts.gov
by transmitting via facsimile on this date from fax number 213.457.8080 the document(s)
listed above to the fax number(s) set forth below. The transmission was completed before
5:00 PM and was reported complete and without error. The transmission report, which is
attached to this proof of service, was properly issued by the transmitting fax machine.
Service by fax was made by agreement of the parties, confirmed in writing.
by placing the document(s) listed above in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Los Angeles, California addressed as set forth below.
I am readily familiar with the firm’s practice of collection and processing of
correspondence for mailing. Under that practice, it would be deposited with the U.S.
Postal Service on that same day with postage thereon fully prepaid in the ordinary course
of business. I am aware that on motion of the party served, service is presumed invalid if
the postal cancellation date or postage meter date is more than one day after the date of
deposit for mailing in this Declaration.
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by placing the document(s) listed above in a sealed envelope(s) and by causing personal
delivery of the envelope(s) to the person(s) at the address(es) set forth below. A signed
proof of service by the process server or delivery service will be filed shortly.
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by personally delivering the document(s) listed above to the person(s) at the address(es) set
forth below.
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by placing the document(s) listed above in a sealed envelope(s) and consigning it to an
express mail service for guaranteed delivery on the next business day following the date of
consignment to the address(es) set forth below. A copy of the consignment slip is attached
to this proof of service.
by transmitting via email to the parties at the email addresses listed below:
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Gene J. Stonebarger, Esq.
Richard D. Lambert, Esq.
Stonebarger Law, APC
75 Iron Point Circle, Suite 145
Folsom, CA 95630
Tel: 916.235.7140
Fax: 916.235.7141
Email: gstonebarger@stonebargerlaw.com
Co-Lead Plaintiffs Counsel for consolidated
actions:
Kimberley Main, Robin Nelson, Marylynn
Grikavicius, Lourdes R. Landeros, and Tina
Bauer
Attorneys for Plaintiff
Robin Nelson
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PROOF OF SERVICE
Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page15 of 15
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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Mark L. VanBuskirk, Esq.
R. Duane Westrup, Esq.
Westrup Klick LLP
444 W. Ocean Blvd., Suite 1614
Long Beach, CA 90802-4524
Tel: 562.432.2551
Fax: 562.435.4856
Email: jveloff@wkalaw.com
Co-Lead Plaintiffs Counsel for consolidated
actions:
Kimberley Main, Robin Nelson, Marylynn
Grikavicius, Lourdes R. Landeros, and Tina
Bauer
Attorneys for Plaintiff
Marylyn Grikavicius
Matthew J. O’Connor, Esq.
James Patterson, Esq.
Patterson Law Group, APC
402 W. Broadway, 29th floor
San Diego, CA 92101
Tel: 619.756.6990
Fax: 619.756.6991
Email: moconnor@hpolaw.com
jim@pattersonlawgroup.com
Attorneys for Plaintiff
Kimberley Main
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I declare under penalty of perjury under the laws of the United States that the above is
true and correct. Executed on January 18, 2012, at Los Angeles, California.
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/s/ Candice A. Spoon
CANDICE A. SPOON
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US_ACTIVE-107428272.3
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PROOF OF SERVICE
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