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)

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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) REBEKAH KAUFMAN (CA SBN 213222) COLETTE M. COLES (CA SBN 274202) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 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

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