Burgoyne v. Kronenberger et al

Filing 216

Order by Chief Magistrate Judge Elizabeth D. Laporte granting 210 Stipulation to File Under Seal Documents Reltated to the Parties' Motions for Summary Judgment.(knm, COURT STAFF) (Filed on 6/27/2013)

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THE LAW OFFICES OF RORY C.
QUINTANA
Rory C. Quintana (SBN 258747)
201 Spear Street, Suite 1100
San Francisco, CA 94105
Tel.: [phone]
Fax: [phone]
[e-mail]

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DURIE TANGRI
Daralyn J. Durie (SBN 169825)
Clement S. Roberts (SBN 209203)
Joshua H. Lerner (SBN 220755)
217 Leidesdorff Street
San Francisco, CA 94111
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

ANDERIES & GOMES LLP
Shane K. Anderies (SBN 215415)
S. Christine Young (SBN 253964)
601 Montgomery Street, Suite 888
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
E-mail:
[e-mail]
Attorneys for Defendants
KARL KRONENBERGER and
KRONENBERGER ROSENFELD LLP

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Attorneys for Plaintiff HENRY M.
BURGOYNE, III

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HENRY M. BURGOYNE III,

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Plaintiff,
v.
KARL M. KRONENBERGER, an individual;
KRONENBERGER ROSENFELD LLP, a
California limited liability partnership; and
DOES 1 through 10;

Case NO. C 11-06376 EDL
JOINT STIPULATED REQUEST TO
FILE UNDER SEAL DOCUMENTS
RELATED TO THE PARTIES’
MOTIONS FOR PARTIAL SUMMARY
JUDGMENT AND [PROPOSED]
ORDER
[Civ. L.R. 7-11, 79-5]

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Defendants.

Action Filed:
Trial Date:

December 16, 2011
August 12, 2013

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I. INTRODUCTION
Pursuant to Civil Local Rules 7-11 and 79-5 and the Court’s June 14, 2013 Order
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Case No. C 11-06376 EDL
JOINT STIPULATED REQUEST TO FILE UNDER SEAL DOCUMENTS RELATED TO THE PARTIES’ MOTIONS FOR
SUMMARY JUDGMENT AND [PROPOSED] ORDER

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Regarding Administrative Motions To Seal (Docket No. 207), Plaintiff Henry M. Burgoyne III

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(“Plaintiff”) and Defendants Karl Kronenberger (“Kronenberger”) and Kronenberger Rosenfeld,

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LLP (collectively referred to as “Defendants”) jointly submit this stipulated request to file under

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seal the following documents:

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1. Portions of Exhibit C to Kronenberger’s Declaration In Support Of Defendants’

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Opposition to Plaintiff’s Motion for Partial Summary Judgment As To Accounting

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Claim should be redacted to remove references to financial information;

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2. Exhibits D and E to Kronenberger’s Declaration In Support Of Defendants’

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Opposition to Plaintiff’s Motion for Partial Summary Judgment As To Accounting

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Claim;

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3. Exhibit E to the Declaration of Shane K. Anderies In Support Of Defendants’

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Opposition to Plaintiff’s Motion for Partial Summary Judgment As To Accounting

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Claim;

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4. Exhibit F to the Declaration of Shane K. Anderies In Support Of Defendants’

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Opposition to Plaintiff’s Motion for Partial Summary Judgment As To Accounting

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Claim;

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5. Exhibits B and C to Kronenberger’s Declaration In Support Of Defendants’

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Opposition to Plaintiff’s Motion for Partial Summary Judgment As to Defendants’

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Counterclaims;

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6. A portion of Exhibit A to the Declaration of Rory C. Quintana In Support Of

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Plaintiff’s Opposition to Defendants’ Motion for Summary Adjudication should be

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redacted to remove the references to the Firm’s server usernames;

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7. A portion of Exhibit G to the Declaration of Rory C. Quintana In Support Of

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Plaintiff’s Opposition to Defendants’ Motion for Summary Adjudication should be

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redacted to remove the name of a third party;

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8. A portion of Exhibit B to the Declaration of Rory C. Quintana In Support Of

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Plaintiff’s Motion for Partial Summary Judgment As To Accounting Claim should be

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redacted to remove a reference to a certain Firm client;
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Case No. C 11-06376 EDL
JOINT STIPULATED REQUEST TO FILE UNDER SEAL DOCUMENTS RELATED TO THE PARTIES’ MOTIONS FOR
SUMMARY JUDGMENT AND [PROPOSED] ORDER

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9. Portions of Exhibit D to the Declaration of Rory C. Quintana In Support Of Plaintiff’s

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Motion for Partial Summary Judgment As To Accounting Claim should be redacted to

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remove references to certain Firm clients;

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10. Portions of Exhibit H to the Declaration of Rory C. Quintana In Support Of Plaintiff’s

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Motion for Partial Summary Judgment As To Accounting Claim should be redacted to

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remove all financial information;

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11. Exhibit U to the Declaration of Rory C. Quintana In Support Of Plaintiff’s Motion for
Partial Summary Judgment As To Accounting Claim;

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12. A portion of Exhibit D to the Declaration of Rory C. Quintana In Support Of

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Plaintiff’s Motion for Partial Summary Judgment As To Defendants’ Counterclaims

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should be redacted to remove a reference to a certain Firm client;

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13. Portions of Exhibit E to the Declaration of Rory C. Quintana In Support Of Plaintiff’s

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Motion for Partial Summary Judgment As To Defendants’ Counterclaims should be

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redacted to remove references to financial information;

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14. Exhibit J to the Declaration of Rory C. Quintana In Support Of Plaintiff’s Motion for
Partial Summary Judgment As To Defendants’ Counterclaims;
15. Exhibit W to the Declaration of Henry M. Burgoyne In Support Of Plaintiff’s
Opposition to Defendants’ Motion for Summary Adjudication;

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16. Exhibit A to the Declaration of Henry M. Burgoyne In Support Of Plaintiff’s Reply In

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Support Of Motion for Partial Summary Adjudication As To Defendants’

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Counterclaims;

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17. Exhibit D to the Declaration of Henry M. Burgoyne In Support Of Plaintiff’s Reply In

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Support Of Motion for Partial Summary Adjudication As To Defendants’

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Counterclaims;

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18. A portion of Exhibit D to the Declaration of Rory C. Quintana In Support Of

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Plaintiff’s Reply In Support Of Motion for Partial Summary Adjudication As To

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Defendants’ Counterclaims should be redacted to remove reference to the termination

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accounting;
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Case No. C 11-06376 EDL
JOINT STIPULATED REQUEST TO FILE UNDER SEAL DOCUMENTS RELATED TO THE PARTIES’ MOTIONS FOR
SUMMARY JUDGMENT AND [PROPOSED] ORDER

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19. A portion of Exhibit B to the Declaration of Henry M. Burgoyne In Support Of

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Plaintiff’s Motion for Partial Summary Judgment As To Accounting Claim should be

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redacted to remove client names and other identifying information;

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20. A portion of Exhibit A to the Declaration of Henry M. Burgoyne In Support Of

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Plaintiff’s Reply In Support Of Motion for Partial Summary Judgment As To

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Accounting Claim should be redacted to remove references to hours billed in 2011;

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21. Exhibit O to the Declaration of Henry M. Burgoyne In Support Of Plaintiff’s Motion

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for Partial Summary Judgment As To Accounting Claim;

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22. A portion of Exhibit R to the Declaration of Henry M. Burgoyne In Support Of

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Plaintiff’s Opposition to Defendants’ Motion for Summary Adjudication should be

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redacted to remove credit card information;

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23. Exhibit B to the Declaration of Henry M. Burgoyne In Support Of Plaintiff’s Motion

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for Summary Judgment As Defendants’ Counterclaims; and

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24. Exhibit C to the Declaration of Henry M. Burgoyne In Support Of Plaintiff’s Motion

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for Partial Summary Judgment As To Accounting Claim.

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The exhibits listed above contain sensitive business and personal financial information

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that Defendants designated as confidential and/or highly confidential, pursuant to the parties’

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September 24, 2012 Stipulated Protective Order. A sealing order is appropriate where, as here,

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the document contains private, protectable information.

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appropriate where the party requesting such an order establishes that “the document, or portions

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thereof is privileged or protectable as a trade secret or otherwise entitled to protection under the

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law”). Accordingly, the parties request that the Court enter an order sealing the aforementioned

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exhibits.

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Civ. L.R. 79-5 (sealing order is

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Case No. C 11-06376 EDL
JOINT STIPULATED REQUEST TO FILE UNDER SEAL DOCUMENTS RELATED TO THE PARTIES’ MOTIONS FOR
SUMMARY JUDGMENT AND [PROPOSED] ORDER

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Defendants will lodge with the Court unredacted and highlighted copies of the relevant
documents, with the sealable information identified.

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Dated: June 21, 2013

DURIE TANGRI

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By:

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Dated: June 21, 2013

/S/ Joshua H. Lerner ___________
Daralyn J. Durie
Clement S. Roberts
Joshua H. Lerner
Attorneys for Plaintiff
HENRY M. BURGOYNE, III

ANDERIES & GOMES LLP

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By: _/S/ Shane K. Anderies__________
Shane K. Anderies
S. Christine Young
Attorneys for Defendants
KARL KRONENBERGER and
KRONENBERGER ROSENFELD LLP

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Filer’s Attestation: Pursuant to Civil Local Rule 5-1, I attest under penalty of perjury that
concurrence in the filing of the document has been obtained from its signatories.

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Dated: June 21, 2013

ANDERIES & GOMES LLP

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By: _/S/ Shane K. Anderies___________
Shane K. Anderies
S. Christine Young
Attorneys for Defendants
KARL KRONENBERGER and
KRONENBERGER ROSENFELD LLP

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Case No. C 11-06376 EDL
JOINT STIPULATED REQUEST TO FILE UNDER SEAL DOCUMENTS RELATED TO THE PARTIES’ MOTIONS FOR
SUMMARY JUDGMENT AND [PROPOSED] ORDER

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ORDER

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Having considered the papers regarding the parties’ Joint Stipulated Request to File Under

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Seal Documents Related to the Parties’ Motions for Summary Judgment, and finding good cause

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therefor, the parties’ Joint Stipulated Request to File Under Seal Documents Related to the

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Parties’ Motions for Summary Judgment is GRANTED.

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IT IS SO ORDERED.

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June 26, 2013
DATED: ________________________

_____________________________________
Hon. Elizabeth D. Laporte
United States District/Magistrate Judge

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Case No. C 11-06376 EDL
JOINT STIPULATED REQUEST TO FILE UNDER SEAL DOCUMENTS RELATED TO THE PARTIES’ MOTIONS FOR
SUMMARY JUDGMENT AND [PROPOSED] ORDER