Cavellini, et al v. Harris, et al

Filing 343

STIPULATION AND ORDER re 342 STIPULATION WITH PROPOSED ORDER re 341 Opposition/Response to Motion, 332 MOTION for Protective Order/Alternatively to Quash Subpoena and for Stay filed by Kandy Rinard Wilson, Marlene Morehead, Roy T. Cavellini, Rita Harris. Signed by Magistrate Judge Kandis A. Westmore on 3/25/14. (sisS, COURT STAFF) (Filed on 3/25/2014)

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HOWARD D. NEAL, ESQ. (SBN 058772)
STEVEN S. MIYAKE, ESQ. (SBN 112444)
NEAL & ASSOCIATES
6200 Antioch Street, Suite 202
Oakland, California 94611
[phone]
Attorneys for Rita Harris, Individually and as
Trustee of the Gilbert T. Harris and Rita E. Harris Living Trust U/A 07/03/90,
and as Trustee of the Rita E. Harris Trust U/A 10/03/03.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
OAKLAND BRANCH

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6200 Antioch Street, Suite 202
Montclair Village, Oakland, California 94611
Phone 510•339-0233 Fax 510•339-6672

Neal & Associates

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ROY T. CAVELLINNI, MARLENE )
MOREHEAD and KANDY RENARD )
WILSON
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Plaintiffs,
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vs.
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MICHAEL F. HARRIS,
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Defendant.
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Case No. C-93-0057 SBA (KAW)
STIPULATION AND ORDER RE RITA
HARRIS’ MOTION FOR PROTECTIVE
ORDER OR ALTERNATIVELY TO QUASH
AND JUDGMENT CREDITORS’ MOTION
TO COMPEL
Date:
Time:
Courtroom:

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WHEREAS, on February 12, 2014, Neal & Associates filed a Motion For Protective Order or

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Alternatively to Quash Subpoena served by Plaintiffs and Judgment Creditors (“Plaintiffs”) upon

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Neal & Associates, Custodian of Records for Rita Harris, and on March 17, 2014, Plaintiffs filed an

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Opposition to Non-Party Neal & Associates Motion to Quash Subpoena Duces Tectum; and a Cross-

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Motion to Compel Production Motion to Compel,

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IT IS HEREBY STIPULATED AND AGREED between the parties that:

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1.

Neal & Associates and Plaintiffs respectfully request that the Court stay its decision

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on either Motion in exchange for Neal & Associates agreement to produce, by April 4, 2014, 1) the

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complete Gilbert T. Harris and Rita E. Harris Living Trust and the Rita E. Harris Trust, including all

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1.
STIPULATION AND ORDER RE RITA HARRIS’ MOTION FOR PROTECTIVE ORDER OR
ALTERNATIVELY TO QUASH AND JUDGMENT CREDITORS’ MOTION TO COMPEL

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amendments thereto; and 2) a more detailed privilege log. As Neal & Associates and Plaintiffs

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continue to dispute the applicability of any privilege to the communications between Neal &

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Associates and Michael Harris during the period that he was the co-trustee of the Rita Harris Trust,

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the privilege log must include sufficient information to enable Plaintiffs to determine whether Neal

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& Associates claim of privilege for a specific document is based upon Michael Harris’ status as co-

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Trustee at the time of the communication.
2.

By entering into this Stipulation, both Neal & Associates and Plaintiffs reserve all

rights to pursue their respective Motions should they later fail to agree on the scope of documents to
be produced under Plaintiffs’ subpoena.

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IT IS SO STIPULATED.
6200 Antioch Street, Suite 202
Montclair Village, Oakland, California 94611
Phone 510•339-0233 Fax 510•339-6672

Neal & Associates

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Dated: March 24, 2014

NEAL & ASSOCIATES

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By: /s/ Howard D. Neal
Howard D. Neal
Attorney for Non-Party Rita Harris

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Dated: March 24, 2014

LAW OFFICE OF GEOFFREY V. WHITE

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By: /s/ Geoffrey V. White
Geoffrey V. White
Attorney for Plaintiffs

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IT IS SO ORDERED.
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Dated: March 24, 2014

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By:
Judge Kandis A. Westmore
Magistrate Judge, United States District
Court

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2.

STIPULATION AND ORDER RE RITA HARRIS’ MOTION FOR PROTECTIVE ORDER OR
ALTERNATIVELY TO QUASH AND JUDGMENT CREDITORS’ MOTION TO COMPEL