Reeves & Associates, PLC v. Muller

Filing 75

ORDER GRANTING STIPULATION RE PLAINTIFF'S MOTION TO ENFORCE re 74 Reply to Opposition/Response filed by Reeves & Associates, PLC (whalc2, COURT STAFF) (Filed on 5/31/2013)

1 Kerry McInerney Freeman (SBN 184764)
[e-mail]
2 Claudia J. Castillo (SBN 215603)
[e-mail]
3 MILLER LAW GROUP
A Professional Corporation
4 111 Sutter Street, Suite 700
San Francisco, CA 94104
5 Tel. [phone]
Fax [phone]
6
Attorneys for Plaintiff
7 REEVES & ASSOCIATES, PLC
8
James M. Braden (SBN # 102397)
9 LAW OFFICES OF JAMES M. BRADEN
44 Montgomery Street, Suite 1210
10 San Francisco, Ca 94104
Tel. [phone]
11 Fax [phone]
Email: [e-mail]
12
Attorney for Defendant Matthew D. Muller
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14
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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REEVES & ASSOCIATES, PLC,

Case No.: CV 11-4762 WHA

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Plaintiff(s),

20 v.
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MATTHEW D. MULLER, AND DOES 1-25,
22 INCLUSIVE,
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[PROPOSED]
STIPULATED
ORDER
GRANTING PLAINTIFF REEVES &
ASSOCIATES, PLC’s MOTION TO
ENFORCE
PLAINTIFF
REEVES
&
ASSOCIATES’ ENFORCE THE COURT’S
FEBRUARY 14, 2013 ORDER AND
OCTOBER
14,
2011
STIPULATED
ORDER GRANTING INJUNCTIVE RELIEF
AND PROTECTIVE ORDER

Defendant(s).
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Complaint filed: September 23, 2011
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[PROPOSED] STIPULATED ORDER GRANTING PLAINTIFF REEVES & ASSOCIATES, PLC’s REQUEST TO
ENFORCE THE COURT’S ORDERS - Case No.: CV 11-4762 WHA

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The hearing on Plaintiff Reeves & Associates’ Motion To Enforce The Court’s

2 February 14, 2013 Order And October 14, 2011 Stipulated Order Granting Injunctive Relief
3 And Protective Order (the “Motion”) was set to come before the Court on June 6, 2013, in
4 Courtroom 8, the Honorable William H. Alsup presiding. Prior to the hearing, Plaintiff Reeves
5 & Associates, PLC and Defendant Matthew D. Muller (“Defendant”), by and through their
6 counsel, reached the following Stipulation, which Stipulation obviates the need for (1) the
7 Court to rule on Plaintiff’s pending motion, (2) the June 6, 2013 hearing to occur, and (3)
8 Plaintiff to file its reply pleadings and evidence regarding Plaintiff’s pending motion.
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STIPULATION

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1.

Precision Discovery is authorized to separate and copy all R&A firm data on

13 Defendant’s drives “in the manner it determines to be most efficient,” within the “general
14 guidelines” of the Stipulated Order Granting Injunctive Relief and Protective Order dated
15 October 14, 2011, starting with creating and sharing a listing of the following file data for all
16 files contained on the drives at issue (whether or not contained in compressed or archived
17 files):
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a.

For all files, information contained in the following fields: 1. File name

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(including path -- such as C:\windows/...etc-- and extension) 2. File size;

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3. Created date; 4. Modified date; 5. Access date 6. Last written date,

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and 7. Description

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b.

For emails, the additional information contained in the following fields:

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To, From, CC, BCC, Date sent, Subject, and (if any attachments)

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Attachment name.

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2.

Defendant must not do anything to impede Precision Discovery from carrying

28 out the terms of the Stipulated Order. If Defendant hinders or otherwise attempts to obstruct
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[PROPOSED] STIPULATED ORDER GRANTING PLAINTIFF REEVES & ASSOCIATES, PLC’s REQUEST TO
ENFORCE THE COURT’S ORDERS - Case No.: CV 11-4762 WHA

1 Precision Discovery’s tasks as set forth above in Paragraph 1 or as directed by the Stipulated
2 Order, Defendant shall pay Plaintiff’s reasonable attorneys’ fees for its efforts from the date
3 of this Order forward to enforce the Stipulated Order and this Order.
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5

3.

Each side shall bear his or its own attorney’s fees and costs incurred in

6 pursuing and defending the instant Motion to Enforce, and including the obtaining of this
7 Stipulated Order.
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4.

Moreover, as R&A has agreed to do,

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a.

R&A shall not use or reveal to anyone any file that is unrelated to R&A,

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and particularly files pertaining to clients of Defendant or prior employers

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of Defendant that are unrelated to his employment at R&A, or any

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information regarding any such file; and

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b.

If R&A ever knowingly comes into possession of any files that are not

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connected to R&A, its clients or current or former personnel, it will delete

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those files.

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20 Dated: May 30, 2013
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MILLER LAW GROUP
A Professional Corporation

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By: ___/s/
Kerry McInerney Freeman
Attorneys for Plaintiff
REEVES & ASSOCIATES, PLC

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[PROPOSED] STIPULATED ORDER GRANTING PLAINTIFF REEVES & ASSOCIATES, PLC’s REQUEST TO
ENFORCE THE COURT’S ORDERS - Case No.: CV 11-4762 WHA

1 Dated: May 30, 2013

LAW OFFICES OF JAMES M. BRADEN

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By: ___/s/
James M. Braden
Attorneys for Defendant
MATTHEW D. MULLER

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ORDER

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orders that the terms of the Stipulation shall become the Order of this Court.
The Court will retain jurisdiction to enforce this order only through May 31, 2014.
After that date, the parties must seek any relief in state court.
IT IS SO ORDERED.

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Honorable William H. Alsup
United States District Judge

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4814-3808-6420, v. 4

Judge W

ER

H

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RT

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lsup

illiam A

NO

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UNIT
ED

May 31
Dated: ______________, 2013

S DISTRICT
TE
C
TA

RT
U
O

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S

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R NIA

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PLC and Defendant MATTHEW D. MULLER, and good cause appearing, the Court hereby

FO

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Having reviewed the Stipulation executed by Plaintiff REEVES & ASSOCIATES,

LI

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A

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N

F
D IS T IC T O
R

C

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[PROPOSED] STIPULATED ORDER GRANTING PLAINTIFF REEVES & ASSOCIATES, PLC’s REQUEST TO
ENFORCE THE COURT’S ORDERS - Case No.: CV 11-4762 WHA