Quirk v. Sony Pictures Entertainment Inc. et al

Filing 39

STIPULATION AND ORDER RE 36 TO PERMIT PLAINTIFF TO FILE PORTIONS OF THE THIRD AMENDED COMPLAINT UNDER SEAL. Signed by Judge Richard Seeborg on 2/24/12. (cl, COURT STAFF) (Filed on 2/24/2012)

*E-Filed 2/24/12*

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JEFFREY T. MAKOFF (SBN 120004)
HEATHER A. LANDIS (SBN 267615)
MARIO R. NICHOLAS (SBN 273122)
VALLE MAKOFF LLP
2 Embarcadero Center, Suite 2370
San Francisco, California 94111
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Joe Quirk
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JOE QUIRK,
Plaintiff,

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vs.

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SONY PICTURES ENTERTAINMENT INC.,
et al.,

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Defendants.

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Case No. 3:11-CV-03773 RS
STIPULATION AND
[PROPOSED] ORDER TO
PERMIT PLAINTIFF TO FILE
PORTIONS OF THE THIRD
AMENDED COMPLAINT
UNDER SEAL
Trial Date: March 25, 2013
SAC Filed: November 28, 2011

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STIPULATION AND [PROPOSED] ORDER TO PERMIT PLAINTIFF TO FILE
PORTIONS OF THE THIRD AMENDED COMPLAINT UNDER SEAL;
CASE NO. 3:11-CV-03773 RS

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Pursuant to Northern District of California Local Rules 7-12 and 79-5, and pursuant

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to the Stipulated Protective Order entered by the Court on December 28, 2011, plaintiff Joe

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Quirk (“plaintiff”) and defendants Sony Pictures Entertainment Inc. (“Sony”), Columbia

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Pictures Industries, Inc. (“Columbia”), Pariah, David Koepp and John Kamps (collectively,

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“defendants”) (plaintiff and defendants together, “stipulating parties”), by and through their

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undersigned attorneys, hereby stipulate as follows:

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STIPULATION

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A.

Third Amended Complaint upon receipt of the final screenplay for PREMIUM RUSH
(“Continuity Script”);
B.

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WHEREAS, stipulating parties previously agreed that plaintiff would file a

WHEREAS, on December 23, 2011, stipulating parties filed a stipulated

protective order governing the disclosure of the not-yet-released motion picture,
PREMIUM RUSH (“the Picture”), and the Continuity Script;
C.

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WHEREAS, on December 28, 2011, the Court approved and entered the

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stipulated protective order, docket number 30, which made it possible to confidentially and

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securely screen the Picture and disclose the Continuity Script to plaintiff;
D.

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WHEREAS, under the terms of the Protective Order, stipulating parties are

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required to file under seal any documents related to the contents of the Picture or Continuity

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Script;

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E.

WHEREAS, plaintiff intends to file a Third Amended Complaint containing

allegations related to the purported contents of the Picture and/or Continuity Script;
F.

WHEREAS, stipulating parties agree that the following paragraphs, or

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portions of paragraphs, of the Third Amended Complaint shall be filed under seal:

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Paragraphs 43, 44, 45, 46, 47, 49, 50, 51, 52, 56, 60, 62, 63, 64, 69, 72, 74, 75, 77, 78, 81,

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82, 83, 84, 85, 86, 92, 97, 98, 99, 100, 101, 105, 110, 114, 116, 117, 118, 119, 122, 123,

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124, 125, 126, 127, 129, 130, 131, 132, 133, 134, 135, 136 and 137;

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STIPULATION AND [PROPOSED] ORDER TO PERMIT PLAINTIFF TO FILE
PORTIONS OF THE THIRD AMENDED COMPLAINT UNDER SEAL;
CASE NO. 3:11-CV-03773 RS

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G.

WHEREAS, stipulating parties agree that sections of the following lines shall

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be filed under seal: p. 40, lines 1, 13 and 22; page 41, line 5; p. 45, line 15; p. 47, line 8; and

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p. 50, lines 6, 11 and 18;

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H.

a copy of the Third Amended Complaint that highlights the sections to be redacted; and

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I.

and Picture.
IT IS HEREBY STIPULATED:

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1.

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Plaintiff and defendants agree that portions of plaintiff’s Third Amended

Complaint shall be filed under seal pursuant to the Stipulated Protective Order entered by
the Court on December 28, 2011;
2.

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WHEREAS, stipulating parties certify that the redactions do not include any

material except that which discloses confidential material related to the Continuity Script

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WHEREAS, plaintiff will lodge with the Court a sealed envelope containing

Plaintiff and defendants agree that the sections of plaintiff’s Third Amended

Complaint set forth in Paragraphs F and G above, shall be filed under seal; and
3.

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Plaintiff and defendants certify that only sections of the Third Amended

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Complaint that disclose confidential material related to the Continuity Script and Picture

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have been redacted and are to be filed under seal.

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STIPULATION AND [PROPOSED] ORDER TO PERMIT PLAINTIFF TO FILE
PORTIONS OF THE THIRD AMENDED COMPLAINT UNDER SEAL;
CASE NO. 3:11-CV-03773 RS

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IT IS SO STIPULATED.

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Dated: February 23, 2012.

VALLE MAKOFF LLP

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By:

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/s/ Heather Landis
Heather A. Landis
Attorneys for Plaintiff

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Dated: February 23, 2012.

CALDWELL LESLIE & PROCTOR, PC

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By:

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/s/ Albert Giang
Albert Giang
Attorneys for Defendants

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: February ____, 2012

____________________________________

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HONORABLE RICHARD SEEBORG

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District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO PERMIT PLAINTIFF TO FILE
PORTIONS OF THE THIRD AMENDED COMPLAINT UNDER SEAL;
CASE NO. 3:11-CV-03773 RS