Relente v. Viator, Inc.

Filing 56

ORDER GRANTING 55 STIPULATION RE: Protective Order Regarding Customer Information. Signed by Judge Jeffrey S. White on 2/25/14. (jjoS, COURT STAFF) (Filed on 2/25/2014)

Case3:12-cv-05868-JSW Document55 Filed02/19/14 Page1 of 4

1
2
3
4
5
6
7

WESLEY E. OVERSON (CA SBN 154737)
[e-mail]
REBEKAH KAUFMAN (CA SBN 213222)
[e-mail]
COLETTE M. COLES (CA SBN 274202)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
VIATOR, INC.

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12
13
14

ROSALINA C. RELENTE AND TRAVIS R.
ANDERSON, individually and on behalf of all
others similarly situated,
Plaintiffs,

15
16
17

v.
VIATOR, INC., a corporation, and DOES 1-100,
inclusive,

Case No.

CV 12-5868 JSW

CLASS ACTION
STIPULATION AND
[PROPOSED] PROTECTIVE
ORDER REGARDING
CUSTOMER INFORMATION
Hon. Jeffrey S. White

18
Defendants.
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE CUSTOMER INFORMATION
Case No. CV 12-5868-JSW
sf-3382954

Case3:12-cv-05868-JSW Document55 Filed02/19/14 Page2 of 4

1

Pursuant to Civil Local Rule 7-12, the parties, Plaintiffs Rosalina Relente and Travis

2

Anderson (“Plaintiffs”) and Defendant Viator, Inc. (“Defendant”), by and through their

3

undersigned counsel of record, submit the following stipulation and proposed order:

4

WHEREAS, Plaintiffs have requested personally identifying information (“Personal

5

Information”) of Defendant’s customers, including their names, addresses, email addresses, and

6

phone numbers, and documents and records that may contain such Information;

7
8
9

WHEREAS, pursuant to Defendant’s website privacy policy, Defendant may only
disclose its customers’ Personal Information in limited circumstances; and
WHEREAS, in accordance with Defendant’s privacy policy, and to protect the Personal

10

Information of Defendant’s customers, the parties have agreed that Defendant will provide

11

Plaintiffs with its customers’ Personal Information, and responsive documents and records that

12

may contain such Information, pursuant to a protective order similar to that entered in York v.

13

Starbucks Corp., No. CV 08-7919-GAF (PJWx), 2009 WL 3177605, at *2 (C.D. Cal. June 30,

14

2009), on the terms set forth herein and subject to the Court’s approval.

15

IT IS HEREBY STIPULATED AND AGREED among the undersigned parties that:

16

1.

Plaintiffs’ counsel will inform each customer contacted by Plaintiffs at the outset of

17

the initial contact with that customer—whether in writing, by email, on the phone, or in person—

18

that the customer has a right not to talk to counsel and that, if he or she elects not to talk to

19

counsel, Plaintiffs’ counsel will terminate the contact and not contact that customer again.

20

2.

Plaintiffs’ counsel will also inform the customer at this time that his or her refusal to

21

speak with counsel will not prejudice his or her rights as a class member should the Court certify

22

the class.

23

3.

Plaintiffs’ counsel will prepare and retain lists of all customers contacted and those

24

customers who made it known that they did not want to be contacted, and will provide the lists to

25

the Court if requested to do so.

26

4.

Plaintiffs will only use Defendant’s customers’ Personal Information for the

27

purposes of this action and will not disseminate this information to anyone not necessary to the

28

prosecution of this action.
STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE CUSTOMER INFORMATION
Case No. CV 12-5868 JSW
sf-3382954

2

Case3:12-cv-05868-JSW Document55 Filed02/19/14 Page3 of 4

1
2
3

Dated:

February 19, 2014

WESLEY E. OVERSON
REBEKAH KAUFMAN
COLETTE M. COLES
MORRISON & FOERSTER LLP

4
5
6
7
8
9
10
11

By:

/s/ Rebekah Kaufman
Rebekah Kaufman
Attorneys for Defendant
VIATOR, INC.

JAMES M. SITKIN, ESQ.
LAW OFFICES OF JAMES M. SITKIN
MICHAEL F. RAM
KARL OLSON
RAM, OLSON, CEREGHINO &
KOPCZYNSKI

12
13
14
15
16

By: /s/ James M. Sitkin
James M. Sitkin
Attorneys for Plaintiffs
ROSALINA C. RELENTE, TRAVIS R.
ANDERSON and all others similarly
situated

17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE CUSTOMER INFORMATION
Case No. CV 12-5868 JSW
sf-3382954

3

Case3:12-cv-05868-JSW Document55 Filed02/19/14 Page4 of 4

1

SIGNATURE ATTESTATION

2

I, Rebekah Kaufman, am the ECF User whose ID and password are being used to file this

3

Stipulation and [Proposed] Order Regarding Briefing Schedule for Defendant Viator, Inc.’s

4

Motion to Dismiss Complaint. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that

5

James M. Sitkin has concurred in this filing.

6
7

/s/ Rebekah Kaufman
Rebekah Kaufman

8
9

[PROPOSED] ORDER

10
11

PURSUANT TO STIPULATION, IT IS SO ORDERED

12
13
14

Dated: February 25

, 2014
The Hon. Jeffrey S. White
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE CUSTOMER INFORMATION
Case No. CV 12-5868 JSW
sf-3382954

4