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)

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page1 of 15

1
2
3
4
5
6
7
8

Abraham J. Colman (SBN 146933)
[e-mail]
Scott H. Jacobs (SBN 81980)
[e-mail]
Brandon W. Corbridge (SBN 244934)
[e-mail]
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

10
A limited liability partnership formed in the State of Delaware

9

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12
13
14

KIMBERLEY MAIN, and EYAD AKEL,
individuals, on behalf of themselves and all others
similarly situated,

17
18

vs.
WAL-MART STORES, INC., a Delaware
corporation, and DOES 1 through 50, inclusive,
Defendants.

19
20

STIPULATED PROTECTIVE ORDER

Plaintiffs,

15
16

Case No.: 3:11-cv-01919-JSW

The Honorable Jeffrey S. White

AND CONSOLIDATED CASES

21
22

1.

PURPOSES AND LIMITATIONS

23

Disclosure and discovery activity in this action are likely to involve production of

24

confidential, proprietary, or private information for which special protection from public disclosure

25

and from use for any purpose other than prosecuting this litigation would be warranted.

26

Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated

27

Protective Order. The parties acknowledge that this Order does not confer blanket protections on all

28

disclosures or responses to discovery and that the protection it affords extends only to the limited
-1STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page2 of 15

1

information or items that are entitled under the applicable legal principles to treatment as

2

confidential. The parties further acknowledge, as set forth in Section 10, below, that this Stipulated

3

Protective Order creates no entitlement to file confidential information under seal; Civil Local Rule

4

79-5 sets forth the procedures that must be followed and reflects the standards that will be applied

5

when a party seeks permission from the court to file material under seal.

6
2.

7

2.1

8
9

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

10
A limited liability partnership formed in the State of Delaware

DEFINITIONS

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

11

medium or manner generated, stored, or maintained (including, among other things, testimony,

12

transcripts, or tangible things) that are produced or generated in disclosures or responses to

13

discovery in this matter.
2.3

14

“Confidential” Information or Items: information (regardless of how

15

generated, stored or maintained) or tangible things that qualify for protection under standards

16

developed under F.R.Civ.P. 26(c).

17

2.4

“Highly Confidential – Attorneys’ Eyes Only” Information or Items:

18

extremely sensitive “Confidential Information or Items” whose disclosure to another Party or non-

19

party would create a substantial risk of serious injury that could not be avoided by less restrictive

20

means.

21

2.5

22

a Producing Party.

23

2.6

24
25

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

26

that it produces in disclosures or in responses to discovery as “Confidential” or “Highly Confidential

27

— Attorneys’ Eyes Only.”

28
-2STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page3 of 15

2.8

1
2

as “Confidential” or as “Highly Confidential – Attorneys’ Eyes Only.”
2.9

3
4

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.

5

2.10

House Counsel: attorneys who are employees of a Party.

6

2.11

Counsel (without qualifier): Outside Counsel and House Counsel (as well as

7

their support staffs).

8

2.12

9

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

10

witness or as a consultant in this action and who is not a past or a current employee of a Party or of a

11

competitor of a Party’s and who, at the time of retention, is not anticipated to become an employee

12

of a Party or a competitor of a Party’s. This definition includes a professional jury or trial consultant

13

retained in connection with this litigation.
2.13

14

Professional Vendors: persons or entities that provide litigation support

15

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

16

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

17

subcontractors.

18
19

3.

SCOPE

20

The protections conferred by this Stipulation and Order cover not only Protected Material (as

21

defined above), but also any information copied or extracted therefrom, as well as all copies,

22

excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by

23

parties or counsel to or in court or in other settings that might reveal Protected Material.

24
25

4.

DURATION

26

Even after the termination of this litigation, the confidentiality obligations imposed by this

27

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

28

otherwise directs.
-3STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page4 of 15

1
2

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.

5

A Designating Party must take care to designate for protection only those parts of material,

6

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

7

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

8

unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are

9

prohibited. If it comes to a Party’s or a non-party’s attention that information or items that it

10

REED SMITH LLP

Party or non-party that designates information or items for protection under this Order must take

4

A limited liability partnership formed in the State of Delaware

3

designated for protection do not qualify for protection at all, or do not qualify for the level of

11

protection initially asserted, that Party or non-party must promptly notify all other parties that it is

12

withdrawing the mistaken designation.

13

5.2

Manner and Timing of Designations. Except as otherwise provided in this

14

Order (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered,

15

material that qualifies for protection under this Order must be clearly so designated before the

16

material is disclosed or produced.

17
18

Designation in conformity with this Order requires:
(a)

for information in documentary form (apart from transcripts of

19

depositions or other pretrial or trial proceedings), that the Producing Party affix the legend

20

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” at the top of

21

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

22

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

23

by making appropriate markings in the margins) and must specify, for each portion, the level of

24

protection being asserted (either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

25

ATTORNEYS’ EYES ONLY”).

26

A Party or non-party that makes original documents or materials available for

27

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

28

material it would like copied and produced. During the inspection and before the designation, all of
-4STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page5 of 15

1

the material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL –

2

ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants

3

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

4

qualify for protection under this Order, then, before producing the specified documents, the

5

Producing Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY

6

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) at the top of each page that contains Protected

7

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

8

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

9

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

10
11

(either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”).
(b)

for testimony given in deposition or in other pretrial or trial

12

proceedings, that the Party or non-party offering or sponsoring the testimony identify on the record,

13

before the close of the deposition, hearing, or other proceeding, all protected testimony, and further

14

specify any portions of the testimony that qualify as “HIGHLY CONFIDENTIAL – ATTORNEYS’

15

EYES ONLY.” When it is impractical to identify separately each portion of testimony that is

16

entitled to protection, and when it appears that substantial portions of the testimony may qualify for

17

protection, the Party or non-party that sponsors, offers, or gives the testimony may invoke on the

18

record (before the deposition or proceeding is concluded) a right to have up to 20 days to identify the

19

specific portions of the testimony as to which protection is sought and to specify the level of

20

protection being asserted (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

21

EYES ONLY”). Only those portions of the testimony that are appropriately designated for

22

protection within the 20 days shall be covered by the provisions of this Stipulated Protective Order.

23

Transcript pages containing Protected Material must be separately bound by

24

the court reporter, who must affix to the top of each such page the legend “CONFIDENTIAL” or

25

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” as instructed by the Party or non-

26

party offering or sponsoring the witness or presenting the testimony.

27
28

(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
-5STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page6 of 15

1

container or containers in which the information or item is stored the legend “CONFIDENTIAL” or

2

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only portions of the information

3

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

4

portions, specifying whether they qualify as “Confidential” or as “Highly Confidential – Attorneys’

5

Eyes Only.”
5.3

6

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

7

to designate qualified information or items as “Confidential” or “Highly Confidential – Attorneys’

8

Eyes Only” does not, standing alone, waive the Designating Party’s right to secure protection under

9

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

10

Confidential – Attorneys’ Eyes Only” after the material was initially produced, the Receiving Party,

11

on timely notification of the designation, must make reasonable efforts to assure that the material is

12

treated in accordance with the provisions of this Order.

13
14

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

15

Timing of Challenges. Unless a prompt challenge to a Designating Party’s

16

confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary

17

economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive

18

its right to challenge a confidentiality designation by electing not to mount a challenge promptly

19

after the original designation is disclosed.
6.2

20

Meet and Confer. A Party that elects to initiate a challenge to a Designating

21

Party’s confidentiality designation must do so in good faith and must begin the process by conferring

22

directly (in voice to voice dialogue; other forms of communication are not sufficient) with counsel

23

for the Designating Party. In conferring, the challenging Party must explain the basis for its belief

24

that the confidentiality designation was not proper and must give the Designating Party an

25

opportunity to review the designated material, to reconsider the circumstances, and, if no change in

26

designation is offered, to explain the basis for the chosen designation. A challenging Party may

27

proceed to the next stage of the challenge process only if it has engaged in this meet and confer

28

process first.
-6STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page7 of 15

6.3

1

Judicial Intervention. A Party that elects to press a challenge to a

2

confidentiality designation after considering the justification offered by the Designating Party may

3

file and serve a motion under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if

4

applicable) that identifies the challenged material and sets forth in detail the basis for the challenge.

5

Each such motion must be accompanied by a competent declaration that affirms that the movant has

6

complied with the meet and confer requirements imposed in the preceding paragraph and that sets

7

forth with specificity the justification for the confidentiality designation that was given by the

8

Designating Party in the meet and confer dialogue.
The burden of persuasion in any such challenge proceeding shall be on the

9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10

Designating Party. Until the court rules on the challenge, all parties shall continue to afford the

11

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

12

designation.

13
14
15

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

16

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

17

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

18

disclosed only to the categories of persons and under the conditions described in this Order. When

19

the litigation has been terminated, a Receiving Party must comply with the provisions of section 11,

20

below (FINAL DISPOSITION).

21
22
23

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

24

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

25

disclose any information or item designated CONFIDENTIAL only to:

26
27

(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

28
-7STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page8 of 15

1

litigation and who have signed the “Agreement to Be Bound by Protective Order” that is attached

2

hereto as Exhibit A;
(b)

3

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

4

the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have

5

signed the “Agreement to Be Bound by Protective Order” (Exhibit A);
(c)

6

experts (as defined in this Order) of the Receiving Party to whom

7

disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be

8

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

9

(e)

court reporters, their staffs, and professional vendors to whom

11

disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be

12

Bound by Protective Order” (Exhibit A);
(f)

13

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

14

reasonably necessary and who have signed the “Agreement to Be Bound by Protective Order”

15

(Exhibit A). Pages of transcribed deposition testimony or exhibits to depositions that reveal

16

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

17

anyone except as permitted under this Stipulated Protective Order.
(g)

18
19

7.3

the author of the document or the original source of the information.

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

20

Information or Items. Unless otherwise ordered by the court or permitted in writing by the

21

Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY

22

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
(a)

23

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

24

as employees of said Counsel to whom it is reasonably necessary to disclose the information for this

25

litigation and who have signed the “Agreement to Be Bound by Protective Order” that is attached

26

hereto as Exhibit A;

27
28
-8STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page9 of 15

(b)

1

Experts (as defined in this Order) (1) to whom disclosure is reasonably

2

necessary for this litigation, (2) who have signed the “Agreement to Be Bound by Protective Order”

3

(Exhibit A);

4

(c)

the Court and its personnel;

5

(d)

court reporters, their staffs, and professional vendors to whom

6

disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be

7

Bound by Protective Order” (Exhibit A); and
(e)

8

the author of the document or the original source of the information.

9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11
12

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

13

that would compel disclosure of any information or items designated in this action as

14

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” the

15

Receiving Party must so notify the Designating Party, in writing (by fax, if possible) immediately

16

and in no event more than three court days after receiving the subpoena or order. Such notification

17

must include a copy of the subpoena or court order.

18

The Receiving Party also must immediately inform in writing the Party who caused

19

the subpoena or order to issue in the other litigation that some or all the material covered by the

20

subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must

21

deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that

22

caused the subpoena or order to issue.

23

The purpose of imposing these duties is to alert the interested parties to the existence

24

of this Protective Order and to afford the Designating Party in this case an opportunity to try to

25

protect its confidentiality interests in the court from which the subpoena or order issued. The

26

Designating Party shall bear the burdens and the expenses of seeking protection in that court of its

27

confidential material – and nothing in these provisions should be construed as authorizing or

28

encouraging a Receiving Party in this action to disobey a lawful directive from another court.
-9STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page10 of 15

1

9.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

2

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

3

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

4

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

5

disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) inform the

6

person or persons to whom unauthorized disclosures were made of all the terms of this Order, and

7

(d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound”

8

that is attached hereto as Exhibit A.

9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10

10.

FILING PROTECTED MATERIAL.

11

Without written permission from the Designating Party or a court order secured after

12

appropriate notice to all interested persons, a Party may not file in the public record in this action

13

any Protected Material. A Party that seeks to file under seal any Protected Material must comply

14

with Civil Local Rule 79-5.

15
16

11.

FINAL DISPOSITION.

17

Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days after

18

the final termination of this action, each Receiving Party must return all Protected Material to the

19

Producing Party. As used in this subdivision, “all Protected Material” includes all copies, abstracts,

20

compilations, summaries or any other form of reproducing or capturing any of the Protected

21

Material. With permission in writing from the Designating Party, the Receiving Party may destroy

22

some or all of the Protected Material instead of returning it. Whether the Protected Material is

23

returned or destroyed, the Receiving Party must submit a written certification to the Producing Party

24

(and, if not the same person or entity, to the Designating Party) by the sixty day deadline that

25

identifies (by category, where appropriate) all the Protected Material that was returned or destroyed

26

and that affirms that the Receiving Party has not retained any copies, abstracts, compilations,

27

summaries or other forms of reproducing or capturing any of the Protected Material.

28

Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings,
- 10 STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page11 of 15

1

motion papers, transcripts, legal memoranda, correspondence or attorney work product, even if such

2

materials contain Protected Material. Any such archival copies that contain or constitute Protected

3

Material remain subject to this Protective Order as set forth in Section 4 (DURATION), above.

4
5
6
7
8
9

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

10

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

11

Party waives any right to object on any ground to use in evidence of any of the material covered by

12

this Protective Order.

13
14

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

15
16

Dated: January 17, 2012

REED SMITH LLP

17
/s/ Scott H. Jacobs
Abraham J. Colman
Scott H. Jacobs
Brandon W. Corbridge

18
19
20

Attorneys for Defendant
WAL-MART STORES, INC.

21
22

Dated: January 17, 2012

STONEBARGER LAW, APC

23
24

26

/s/Gene J. Stonebarger
Gene J. Stonebarger
Richard D. Lambert
75 Iron Point Circle, Suite 145
Folsom, CA 95630

27

Co-Lead Counsel for Plaintiffs and the Class

25

28
- 11 STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page12 of 15

1

Dated: January 17, 2012

WESTRUP KLICK LLP

2

5

/s/Mark L. VanBuskirk
Mark L. VanBuskirk
R. Duane Westrup
444 W. Ocean Blvd., Suite 1614
Long Beach, CA 90802-4524

6

Co-Lead Counsel for Plaintiffs and the Class

3
4

7
8
9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11
12

PURSUANT TO STIPULATION, IT IS SO ORDERED:
Dated: January 31, 2012
_________________

Honorable Jeffrey S. White
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 12 STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page13 of 15

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of _________________

understand the Stipulated Protective Order that was issued by the United States District Court for the

6

Northern District of California on January __, 2012 in the case of Main v. Wal-Mart Stores, Inc.,

7

Case No.: 3:11-cv-01919-JSW. I agree to comply with and to be bound by all the terms of this

8

Stipulated Protective Order and I understand and acknowledge that failure to so comply could

9

expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not

10

REED SMITH LLP

[print or type full address], declare under penalty of perjury that I have read in its entirety and

5

A limited liability partnership formed in the State of Delaware

4

disclose in any manner any information or item that is subject to this Stipulated Protective Order to

11

any person or entity except in strict compliance with the provisions of this Order.

12

I further agree to submit to the jurisdiction of the United States District Court for the

13

Northern District of California for the purpose of enforcing the terms of this Stipulated Protective

14

Order, even if such enforcement proceedings occur after termination of this action.

15

I hereby appoint __________________________ [print or type full name] of

16

_______________________________________ [print or type full address and telephone number] as

17

my California agent for service of process in connection with this action or any proceedings related

18

to enforcement of this Stipulated Protective Order.

19
20

Date: _________________________________

21

City and State where sworn and signed: _________________________________

22

Printed name: ______________________________
[printed name]

23
24

Signature: __________________________________
[signature]

25
26
27
28
- 13 STIPULATED PROTECTIVE ORDER

Case No. 3:11-cv-01919-JSW

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page14 of 15

1
2
3
4
5
6
7
8
9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11
12
13
14
15

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.

17

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.

18

by personally delivering the document(s) listed above to the person(s) at the address(es) set
forth below.

16

19
20
21

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:

22
23
24
25
26

Gene J. Stonebarger, Esq.
Richard D. Lambert, Esq.
Stonebarger Law, APC
75 Iron Point Circle, Suite 145
Folsom, CA 95630
Tel: [phone]
Fax: [phone]
Email: [e-mail]

Co-Lead Plaintiffs Counsel for consolidated
actions:
Kimberley Main, Robin Nelson, Marylynn
Grikavicius, Lourdes R. Landeros, and Tina
Bauer
Attorneys for Plaintiff
Robin Nelson

27
28
–2–
PROOF OF SERVICE

Case3:11-cv-01919-JSW Document47 Filed01/18/12 Page15 of 15

1
2
3
4
5
6
7
8
9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11

Mark L. VanBuskirk, Esq.
R. Duane Westrup, Esq.
Westrup Klick LLP
444 W. Ocean Blvd., Suite 1614
Long Beach, CA 90802-4524
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

Attorneys for Plaintiff
Kimberley Main

12
13

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.

14

/s/ Candice A. Spoon
CANDICE A. SPOON

15
16

US_ACTIVE-107428272.3

17
18
19
20
21
22
23
24
25
26
27
28
–3–
PROOF OF SERVICE