LEGG, LLC v. Unni

Filing 48

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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1 2 3 4 5 6 7 8 9 10 11 12 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 13 14 15 16 17 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 18 19 20 21 22 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 23 24 Attorneys for DEFENDANT AND COUNTERCLAIMANT SANJAY UNNI 25 26 /// 27 28 1 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 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO 3 LECG, LLC, a California Limited Liability Company, 4 Plaintiff, 5 vs. Case No.: CV 13-00639 EMC STIPULATION AND [PROPOSED] ORDER FOR PRODUCTION, EXCHANGE AND FILING OF HIGHLY CONFIDENTIAL INFORMATION 6 SANJAY UNNI, an Individual, 7 Defendant. 8 9 SANJAY UNNI, an Individual, 10 Counterclaimant, 11 12 vs. LECG, LLC, a California Limited Liability Company, 13 Counterdefendant. 14 15 16 WHEREAS, the plaintiff and counterdefendant LECG, LLC, a California limited liability 17 company (“LECG”), and the defendant and counterclaimant Sanjay Unni, an Individual, 18 (“Unni”), are parties to the above-captioned litigation (the “Litigation”); 19 WHEREAS, LECG and Unni (collectively, the “Parties”) filed and the Court approved the 20 Parties’ Stipulation for Production, Exchange and Filing of Confidential Information on 21 September 5, 2013; 22 WHEREAS, the Parties and non-party Berkeley Research Group (“BRG”) agreed to a 23 Confidentiality Stipulation (“BRG Stipulation”) whereby materials produced, served, or filed by 24 BRG in this case could be designated as “Confidential” or “Highly Confidential”; and 25 WHEREAS, Unni served non-party Deloitte & Touche LLP (“Deloitte”) with two 26 subpoenas (“Deloitte Subpoenas”), in or around September 2013 and January 2014, seeking the 27 production of confidential, tax-related documents of LECG. 28 2 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 1 IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, subject to 2 the approval of the Court, that the following Stipulation and [Proposed] Order for Production, 3 Exchange and Filing of Highly Confidential Information (the “Deloitte Stipulation and Order”) 4 shall govern the handling of documents, depositions, deposition exhibits, and any other 5 information or material produced, served or filed in connection with the Deloitte Subpoenas 6 (“Highly Confidential Information”). The Parties further acknowledge and agree, as set forth in 7 Section 6 below, that the Deloitte Stipulation and Order creates no entitlement to file Highly 8 Confidential Information under seal; Civil Local Rule 79-5 sets forth the procedures that must 9 be followed and reflects the standards that will be applied when a party seeks permission from 10 11 the Court to file material under seal. 1. All documents, information, or testimony by Deloitte in response to the Deloitte 12 Subpoenas shall constitute Highly Confidential Information and shall be designated as “Highly 13 Confidential – Attorneys’ Eyes Only.” All information derived from Highly Confidential 14 Information, including but not limited to extracts, summaries and descriptions of such material, 15 shall be treated as Highly Confidential in accordance with the provisions of the Deloitte 16 Stipulation and Order. 17 18 2. The designation of “Highly Confidential” for purposes of the Deloitte Stipulation and Order shall be made in the following manner: 19 a. In the case of documents (apart from depositions or other pretrial 20 testimony): by affixing the legend “Highly Confidential – Attorneys’ Eyes Only” to each page 21 or by affixing the legend “Highly Confidential – Attorneys’ Eyes Only” to any disk of 22 documents produced (whereby all documents on the disk will be presumed to be Highly 23 Confidential). 24 b. In the case of depositions or other pretrial testimony that identifies the 25 specific data contained within the documents identified in Paragraph 2(a) above, by directing 26 the court reporter that the appropriate confidentiality legend be affixed to those portions of the 27 original and all copies of the transcript which identify the specific data contained within the 28 3 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 1 documents identified in Paragraph 2(a) above. The Parties may modify this procedure for any 2 particular deposition, through agreement on the record at such deposition, without further order 3 of the Court. 4 3. Highly Confidential Information may be provided only to counsel of record for 5 the Parties and, unless otherwise directed by the Court, may be disclosed only to the following 6 persons: 7 a. Counsel of record to the Parties in the Litigation, and the legal associates, 8 paralegals and clerical or other support staff who are employed by such counsel or its client and 9 are actually involved in assisting in the litigation; 10 11 b. The author(s), recipient(s), addressee(s), and person(s) copied with respect to the particular Highly Confidential Material, and their counsel; 12 c. Experts, tax consultants, or investigators and their staff (collectively, 13 “Experts”) retained or consulted by counsel for the Parties to assist in the preparation of the 14 Litigation, in accordance with the terms of Paragraph 5 below; 15 d. Witnesses testifying under subpoena or by notice; 16 e. Court reporters, including stenographers and video technicians, 17 transcribing proceedings in the Litigation; 18 f. Other persons to whom the Court specifically allows disclosure, after 19 written application by the Party seeking such disclosure and an opportunity to reply by the 20 Producing Party or Parties; 21 22 g. h. 25 26 Any mediator agreed upon by the Parties, and such mediator’s employees i. Outside copy and computer services personnel for purposes of copying, pending; 23 24 Any court of competent jurisdiction before which the Litigation is and staff; and imaging, or indexing documents. 27 28 4 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 1 4. Every person given access to Highly Confidential Information or material 2 contained therein shall not make copies, duplicates, extracts, summaries or descriptions of such 3 material, or any portion thereof except for use in connection with the Litigation, shall be advised 4 by the Party providing such access that the information is being disclosed pursuant and subject 5 to the terms of the Deloitte Stipulation and Order and may not be disclosed other than pursuant 6 to the terms hereof, and each such copy is to be treated in accordance with the provisions of the 7 Deloitte Stipulation and Order. 8 5. Highly Confidential Information may be provided to persons listed in paragraph 9 3(e) above to the extent necessary for such expert, tax consultant or investigator to prepare a 10 written opinion, to prepare to testify, or to assist counsel in the prosecution or defense of the 11 Litigation, provided that such expert, consultant or investigator is using said Highly 12 Confidential Information solely in connection with this Litigation and provided further that such 13 expert, consultant or investigator signs an undertaking in the form attached as Exhibit A hereto. 14 The original of each such signed undertaking shall be maintained by the counsel providing the 15 Highly Confidential Information to such expert, consultant or investigator. 16 6. In the event that counsel for any Party determines to file with the Court any 17 Highly Confidential Information, counsel shall file and serve an Administrative Motion to File 18 Under Seal pursuant to Civil Local Rule 79-5, and shall follow all of the applicable procedures 19 set forth in that Local Rule. Documents shall be filed under seal only after issuance of a specific 20 order by the Court, for good cause shown. 21 7. All Highly Confidential Information and any documents or information derived 22 therefrom, shall be used solely for purposes of the Litigation and may not be used for any other 23 purpose whatsoever, including but not limited to any business or commercial purpose, for 24 dissemination to the media or the public, or in connection with any other judicial, administrative 25 or arbitral proceeding. Any Highly Confidential Information may be used in any proceeding in 26 the Litigation, including, if otherwise permissible, as evidence at any hearing or the trial of the 27 Litigation, in open court or on appeal, without violation of the Deloitte Stipulation and Order, 28 5 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 1 but Highly Confidential Information shall not lose its status as Highly Confidential Information 2 through such use. Nothing in the Deloitte Stipulation and Order, however, shall preclude a 3 Party from seeking an appropriate protective order from the Court, should that Party seek to 4 maintain the confidentiality of material used in open court. 5 8. Entering into or agreeing to the Deloitte Stipulation and Order, and/or producing 6 or receiving Highly Confidential Information or otherwise complying with the terms of the 7 Deloitte Stipulation and Order, shall not: (i) constitute a waiver of any privilege by LECG or 8 Deloitte; (ii) prejudice in any way the rights of any Party to object to the production of 9 documents or information it considers not subject to discovery or to object to the authenticity or 10 admissibility into evidence of any document, testimony or other evidence subject to the Deloitte 11 Stipulation and Order; (iii) prejudice in any way the rights of a Party to petition the Court for a 12 further protective order relating to any purportedly Highly Confidential Information; or (iv) 13 prevent the Parties from agreeing to alter or waive the provisions or protections provided for 14 herein with respect to any particular material produced. 15 9. The provisions of the Deloitte Stipulation and Order shall, absent written 16 permission of the Producing Party or further order of the Court, continue to be binding 17 throughout and after the conclusion of the Litigation. Within 60 business days after receiving 18 notice of entry of an order, judgment or decree finally ending the Litigation, including without 19 limitation any appeals therefrom, all persons having received Highly Confidential Information 20 shall destroy all such Highly Confidential Information and certify that fact to counsel for LECG. 21 Outside counsel for the Parties shall be entitled to retain court papers, deposition and trial 22 transcripts and attorney work product; provided, however, that such outside counsel, and 23 employees of such outside counsel, shall maintain the confidentiality thereof pursuant to the 24 terms of the Deloitte Stipulation and Order. 25 10. The Parties agree to be bound by the terms of the Deloitte Stipulation and Order 26 pending the entry by the Court of the Deloitte Stipulation and Order, or an alternative thereto 27 which is satisfactory to the Parties and the Court, and any violation of the terms of the Deloitte 28 6 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 1 Stipulation and Order while entry by the Court is pending shall be subject to the same sanctions 2 and penalties as if the Deloitte Stipulation and Order had been entered by the Court. Any 3 violation of the terms of this Stipulation and Order shall be punishable by relief deemed 4 appropriate by the Court. 5 Dated: January 8, 2014 FITZGERALD ABBOTT & BEARDSLEY LLP 6 By 7 8 /s/ Michael S. Ward Michael S. Ward Attorneys for PLAINTIFF AND COUNTERDEFENDANT LECG, LLC 9 10 Dated: January 8, 2014 MILLER, CANFIELD, PADDOCK AND STONE, P.L.C. 11 By 12 13 /s/ Dean A. Dickie Dean A. Dickie Attorneys for DEFENDANT AND COUNTERCLAIMANT SANJAY UNNI 14 15 16 ORDER The above STIPULATION AND PROPOSED ORDER FOR PRODUCTION, 17 EXCHANGE AND FILING OF HIGHLY CONFIDENTIAL INFORMATION is approved for 18 this case and shall govern the handling of documents, depositions, deposition exhibits, and any 19 other information or material produced, served or filed in connection with the Deloitte 20 Subpoenas. 21 IT IS SO ORDERED. S TED G Chen Judge Edward M. RAN U.S. District Court for the Northern District of California 25 dw Judge E A H ER Chen LI RT 27 28 ard M. NO 26 R NIA 24 FO 10 Dated: January ____, 2014 UNIT ED 23 RT U O 22 S DISTRICT TE C TA N F D IS T IC T O R C 7 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 1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 4 I, _________________________, declare that: 1. My address is . 2. My present employer is . 3. My present occupation or job description is 5 6 7 8 9 10 11 . 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 12 Unni, Case No. CV 13-00639 EMC, and certify my understanding that such information is 13 14 provided to me pursuant to the terms and restrictions of the Deloitte Stipulation and Order for 15 Production, Exchange, and Filing of Highly Confidential Information entered by the Court in 16 this case on ________________; that I have been given a copy of and have read said Deloitte 17 Stipulation and Order; that I am familiar with the terms thereof; that I agree to comply with, 18 and to be bound by the terms thereof; that I agree to hold in confidence any information 19 divulged to me pursuant to the terms of said Deloitte Stipulation and Order; and, to effectuate 20 my compliance with said Deloitte Stipulation and Order, I hereby submit myself to the 21 22 23 24 25 26 27 28 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 8 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 1 be returned or destroyed as specified in the Deloitte Stipulation and Order. I acknowledge that 2 such return or the subsequent destruction of such materials shall not relieve me from any of the 3 4 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 5 6 thereof. I declare under penalty of perjury that the foregoing is true and correct. 7 8 9 10 Date: Signed: 11 12 (name typed or printed) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 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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