LEGG, LLC v. Unni
Filing
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STIPULATION AND ORDER re 47 STIPULATION WITH PROPOSED ORDER FOR PRODUCTION, EXCHNAGE AND FILING OF HIGHLY CONFIDENTIAL INFORMATION filed by LECG, LLC. Signed by Judge Edward M. Chen on 1/10/14. (bpf, COURT STAFF) (Filed on 1/10/2014)
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MICHAEL S. WARD #178648
MARK A. DELGADO #215618
FITZGERALD ABBOTT & BEARDSLEY LLP
1221 Broadway, 21st Floor
Oakland, California 94612
Telephone: (510) 451-3300
Facsimile: (510) 451-1527
Email: mward@fablaw.com
mdelgado@fablaw.com
EDWARD NOONAN (Admitted Pro Hac Vice)
MARK A. JOHNSTON (Admitted Pro Hac Vice)
SARAH SHYR (Admitted Pro Hac Vice)
ECKERT SEAMANS CHERIN & MELLOTT, LLC
1717 Pennsylvania Avenue, N.W., Suite 1200
Washington, DC 20006
Telephone: (202) 659-6600
Facsimile: (202) 659-6699
Email: enoonan@eckertseamans.com
mjohnston@eckertseamans.com
sshyr@eckertseamans.com
Attorneys for PLAINTIFF AND
COUNTERDEFENDANT LECG,LLC
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DEAN A. DICKIE (Admitted Pro Hac Vice)
KATHLEEN E. KOPPENHOEFER (Admitted Pro Hac Vice)
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
225 West Washington Street, Suite 2600
Chicago, IL 60606
Telephone: (312) 460-4200
Facsimile: (312) 460-4288
Email: Dickie@millercanfield.com
Koppenhoefer@millercanfield.com
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GEORGE L. HAMPTON IV #144433
COLIN C. HOLLEY #191999
HAMPTON HOLLEY LLP
2101 East Coast Highway, Suite 260
Corona del Mar, California 92625
Telephone: (949) 718-4550
Facsimile: (949) 718-4580
Email: ghampton@hamptonholley.com
choley@hamptonholley.com
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Attorneys for DEFENDANT AND
COUNTERCLAIMANT SANJAY UNNI
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STIPULATION AND [PROPOSED] ORDER FOR PRODUCTION, EXCHANGE AND FILING
OF HIGHLY CONFIDENTIAL INFORMATION / CASE NO. CV 13-00639 EMC
1/8/14 (28147) #546999.1
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO
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LECG, LLC, a California Limited Liability
Company,
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Plaintiff,
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vs.
Case No.: CV 13-00639 EMC
STIPULATION AND [PROPOSED]
ORDER FOR PRODUCTION,
EXCHANGE AND FILING OF HIGHLY
CONFIDENTIAL INFORMATION
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SANJAY UNNI, an Individual,
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Defendant.
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SANJAY UNNI, an Individual,
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Counterclaimant,
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vs.
LECG, LLC, a California Limited Liability
Company,
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Counterdefendant.
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WHEREAS, the plaintiff and counterdefendant LECG, LLC, a California limited liability
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company (“LECG”), and the defendant and counterclaimant Sanjay Unni, an Individual,
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(“Unni”), are parties to the above-captioned litigation (the “Litigation”);
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WHEREAS, LECG and Unni (collectively, the “Parties”) filed and the Court approved the
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Parties’ Stipulation for Production, Exchange and Filing of Confidential Information on
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September 5, 2013;
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WHEREAS, the Parties and non-party Berkeley Research Group (“BRG”) agreed to a
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Confidentiality Stipulation (“BRG Stipulation”) whereby materials produced, served, or filed by
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BRG in this case could be designated as “Confidential” or “Highly Confidential”; and
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WHEREAS, Unni served non-party Deloitte & Touche LLP (“Deloitte”) with two
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subpoenas (“Deloitte Subpoenas”), in or around September 2013 and January 2014, seeking the
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production of confidential, tax-related documents of LECG.
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STIPULATION AND [PROPOSED] ORDER FOR PRODUCTION, EXCHANGE AND FILING
OF HIGHLY CONFIDENTIAL INFORMATION / CASE NO. CV 13-00639 EMC
1/8/14 (28147) #546999.1
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IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, subject to
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the approval of the Court, that the following Stipulation and [Proposed] Order for Production,
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Exchange and Filing of Highly Confidential Information (the “Deloitte Stipulation and Order”)
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shall govern the handling of documents, depositions, deposition exhibits, and any other
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information or material produced, served or filed in connection with the Deloitte Subpoenas
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(“Highly Confidential Information”). The Parties further acknowledge and agree, as set forth in
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Section 6 below, that the Deloitte Stipulation and Order creates no entitlement to file Highly
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Confidential Information under seal; Civil Local Rule 79-5 sets forth the procedures that must
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be followed and reflects the standards that will be applied when a party seeks permission from
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the Court to file material under seal.
1.
All documents, information, or testimony by Deloitte in response to the Deloitte
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Subpoenas shall constitute Highly Confidential Information and shall be designated as “Highly
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Confidential – Attorneys’ Eyes Only.” All information derived from Highly Confidential
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Information, including but not limited to extracts, summaries and descriptions of such material,
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shall be treated as Highly Confidential in accordance with the provisions of the Deloitte
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Stipulation and Order.
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2.
The designation of “Highly Confidential” for purposes of the Deloitte Stipulation
and Order shall be made in the following manner:
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a.
In the case of documents (apart from depositions or other pretrial
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testimony): by affixing the legend “Highly Confidential – Attorneys’ Eyes Only” to each page
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or by affixing the legend “Highly Confidential – Attorneys’ Eyes Only” to any disk of
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documents produced (whereby all documents on the disk will be presumed to be Highly
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Confidential).
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b.
In the case of depositions or other pretrial testimony that identifies the
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specific data contained within the documents identified in Paragraph 2(a) above, by directing
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the court reporter that the appropriate confidentiality legend be affixed to those portions of the
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original and all copies of the transcript which identify the specific data contained within the
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STIPULATION AND [PROPOSED] ORDER FOR PRODUCTION, EXCHANGE AND FILING
OF HIGHLY CONFIDENTIAL INFORMATION / CASE NO. CV 13-00639 EMC
1/8/14 (28147) #546999.1
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documents identified in Paragraph 2(a) above. The Parties may modify this procedure for any
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particular deposition, through agreement on the record at such deposition, without further order
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of the Court.
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3.
Highly Confidential Information may be provided only to counsel of record for
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the Parties and, unless otherwise directed by the Court, may be disclosed only to the following
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persons:
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a.
Counsel of record to the Parties in the Litigation, and the legal associates,
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paralegals and clerical or other support staff who are employed by such counsel or its client and
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are actually involved in assisting in the litigation;
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b.
The author(s), recipient(s), addressee(s), and person(s) copied with
respect to the particular Highly Confidential Material, and their counsel;
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c.
Experts, tax consultants, or investigators and their staff (collectively,
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“Experts”) retained or consulted by counsel for the Parties to assist in the preparation of the
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Litigation, in accordance with the terms of Paragraph 5 below;
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d.
Witnesses testifying under subpoena or by notice;
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e.
Court reporters, including stenographers and video technicians,
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transcribing proceedings in the Litigation;
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f.
Other persons to whom the Court specifically allows disclosure, after
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written application by the Party seeking such disclosure and an opportunity to reply by the
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Producing Party or Parties;
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g.
h.
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Any mediator agreed upon by the Parties, and such mediator’s employees
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Outside copy and computer services personnel for purposes of copying,
pending;
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Any court of competent jurisdiction before which the Litigation is
and staff; and
imaging, or indexing documents.
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STIPULATION AND [PROPOSED] ORDER FOR PRODUCTION, EXCHANGE AND FILING
OF HIGHLY CONFIDENTIAL INFORMATION / CASE NO. CV 13-00639 EMC
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4.
Every person given access to Highly Confidential Information or material
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contained therein shall not make copies, duplicates, extracts, summaries or descriptions of such
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material, or any portion thereof except for use in connection with the Litigation, shall be advised
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by the Party providing such access that the information is being disclosed pursuant and subject
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to the terms of the Deloitte Stipulation and Order and may not be disclosed other than pursuant
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to the terms hereof, and each such copy is to be treated in accordance with the provisions of the
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Deloitte Stipulation and Order.
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5.
Highly Confidential Information may be provided to persons listed in paragraph
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3(e) above to the extent necessary for such expert, tax consultant or investigator to prepare a
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written opinion, to prepare to testify, or to assist counsel in the prosecution or defense of the
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Litigation, provided that such expert, consultant or investigator is using said Highly
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Confidential Information solely in connection with this Litigation and provided further that such
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expert, consultant or investigator signs an undertaking in the form attached as Exhibit A hereto.
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The original of each such signed undertaking shall be maintained by the counsel providing the
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Highly Confidential Information to such expert, consultant or investigator.
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6.
In the event that counsel for any Party determines to file with the Court any
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Highly Confidential Information, counsel shall file and serve an Administrative Motion to File
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Under Seal pursuant to Civil Local Rule 79-5, and shall follow all of the applicable procedures
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set forth in that Local Rule. Documents shall be filed under seal only after issuance of a specific
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order by the Court, for good cause shown.
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7.
All Highly Confidential Information and any documents or information derived
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therefrom, shall be used solely for purposes of the Litigation and may not be used for any other
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purpose whatsoever, including but not limited to any business or commercial purpose, for
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dissemination to the media or the public, or in connection with any other judicial, administrative
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or arbitral proceeding. Any Highly Confidential Information may be used in any proceeding in
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the Litigation, including, if otherwise permissible, as evidence at any hearing or the trial of the
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Litigation, in open court or on appeal, without violation of the Deloitte Stipulation and Order,
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STIPULATION AND [PROPOSED] ORDER FOR PRODUCTION, EXCHANGE AND FILING
OF HIGHLY CONFIDENTIAL INFORMATION / CASE NO. CV 13-00639 EMC
1/8/14 (28147) #546999.1
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but Highly Confidential Information shall not lose its status as Highly Confidential Information
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through such use. Nothing in the Deloitte Stipulation and Order, however, shall preclude a
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Party from seeking an appropriate protective order from the Court, should that Party seek to
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maintain the confidentiality of material used in open court.
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8.
Entering into or agreeing to the Deloitte Stipulation and Order, and/or producing
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or receiving Highly Confidential Information or otherwise complying with the terms of the
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Deloitte Stipulation and Order, shall not: (i) constitute a waiver of any privilege by LECG or
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Deloitte; (ii) prejudice in any way the rights of any Party to object to the production of
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documents or information it considers not subject to discovery or to object to the authenticity or
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admissibility into evidence of any document, testimony or other evidence subject to the Deloitte
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Stipulation and Order; (iii) prejudice in any way the rights of a Party to petition the Court for a
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further protective order relating to any purportedly Highly Confidential Information; or (iv)
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prevent the Parties from agreeing to alter or waive the provisions or protections provided for
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herein with respect to any particular material produced.
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9.
The provisions of the Deloitte Stipulation and Order shall, absent written
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permission of the Producing Party or further order of the Court, continue to be binding
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throughout and after the conclusion of the Litigation. Within 60 business days after receiving
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notice of entry of an order, judgment or decree finally ending the Litigation, including without
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limitation any appeals therefrom, all persons having received Highly Confidential Information
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shall destroy all such Highly Confidential Information and certify that fact to counsel for LECG.
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Outside counsel for the Parties shall be entitled to retain court papers, deposition and trial
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transcripts and attorney work product; provided, however, that such outside counsel, and
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employees of such outside counsel, shall maintain the confidentiality thereof pursuant to the
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terms of the Deloitte Stipulation and Order.
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10.
The Parties agree to be bound by the terms of the Deloitte Stipulation and Order
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pending the entry by the Court of the Deloitte Stipulation and Order, or an alternative thereto
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which is satisfactory to the Parties and the Court, and any violation of the terms of the Deloitte
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STIPULATION AND [PROPOSED] ORDER FOR PRODUCTION, EXCHANGE AND FILING
OF HIGHLY CONFIDENTIAL INFORMATION / CASE NO. CV 13-00639 EMC
1/8/14 (28147) #546999.1
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Stipulation and Order while entry by the Court is pending shall be subject to the same sanctions
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and penalties as if the Deloitte Stipulation and Order had been entered by the Court. Any
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violation of the terms of this Stipulation and Order shall be punishable by relief deemed
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appropriate by the Court.
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Dated: January 8, 2014
FITZGERALD ABBOTT & BEARDSLEY LLP
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By
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/s/ Michael S. Ward
Michael S. Ward
Attorneys for PLAINTIFF AND
COUNTERDEFENDANT LECG, LLC
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Dated: January 8, 2014
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
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By
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/s/ Dean A. Dickie
Dean A. Dickie
Attorneys for DEFENDANT AND
COUNTERCLAIMANT SANJAY UNNI
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ORDER
The above STIPULATION AND PROPOSED ORDER FOR PRODUCTION,
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EXCHANGE AND FILING OF HIGHLY CONFIDENTIAL INFORMATION is approved for
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this case and shall govern the handling of documents, depositions, deposition exhibits, and any
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other information or material produced, served or filed in connection with the Deloitte
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Subpoenas.
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IT IS SO ORDERED.
S
TED
G Chen
Judge Edward M. RAN
U.S. District Court for the Northern District of California
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Judge E
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Chen
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Dated: January ____, 2014
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STIPULATION AND [PROPOSED] ORDER FOR PRODUCTION, EXCHANGE AND FILING
OF HIGHLY CONFIDENTIAL INFORMATION / CASE NO. CV 13-00639 EMC
1/8/14 (28147) #546999.1
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EXHIBIT A
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ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
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I, _________________________, declare that:
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My address is
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My present employer is
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My present occupation or job description is
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I hereby acknowledge that I may receive information designated as “Highly
Confidential – Attorneys’ Eyes Only” in connection with the matter of LECG, LLC v. Sanjay
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Unni, Case No. CV 13-00639 EMC, and certify my understanding that such information is
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provided to me pursuant to the terms and restrictions of the Deloitte Stipulation and Order for
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Production, Exchange, and Filing of Highly Confidential Information entered by the Court in
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this case on ________________; that I have been given a copy of and have read said Deloitte
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Stipulation and Order; that I am familiar with the terms thereof; that I agree to comply with,
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and to be bound by the terms thereof; that I agree to hold in confidence any information
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divulged to me pursuant to the terms of said Deloitte Stipulation and Order; and, to effectuate
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my compliance with said Deloitte Stipulation and Order, I hereby submit myself to the
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jurisdiction of the United States District Court for the Northern District of California solely for
the purpose of enforcing compliance with said Deloitte Stipulation and Order.
I understand that I am to retain all copies of any of the materials that I receive which
have been designated as “Highly Confidential – Attorneys’ Eyes Only” either electronically or
in a container, cabinet, drawer, room or other safe place, and that all copies are to remain in my
custody until have I have completed my assigned or legal duties, whereupon the copies are to
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STIPULATION AND [PROPOSED] ORDER FOR PRODUCTION, EXCHANGE AND FILING
OF HIGHLY CONFIDENTIAL INFORMATION / CASE NO. CV 13-00639 EMC
1/8/14 (28147) #546999.1
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be returned or destroyed as specified in the Deloitte Stipulation and Order. I acknowledge that
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such return or the subsequent destruction of such materials shall not relieve me from any of the
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continuing obligations imposed upon me by said Deloitte Stipulation and Order. I further agree
to notify any stenographic or clerical personnel who are required to assist me of the terms
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thereof.
I declare under penalty of perjury that the foregoing is true and correct.
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Date:
Signed:
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(name typed or printed)
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STIPULATION AND [PROPOSED] ORDER FOR PRODUCTION, EXCHANGE AND FILING
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