Holloway et al v. Best Buy Co., Inc.

Filing 343

STIPULATION AND ORDER TO FILE DOCUMENTS PREVIOUSLY LODGED UNDER SEAL IN THE PUBLIC RECORD re 338 Stipulation, filed by Eric Blacksher, Maurice Calhoun, Jasmen Holloway, Amy Garcia, Cheryl Chappel, Lawrence Santiago, Jr., Nicholas Dixon, Muembo Muanza, Jessica Treas. Signed by Judge Phyllis J. Hamilton on 12/13/10. (nah, COURT STAFF) (Filed on 12/13/2010)

Holloway et al v. Best Buy Co., Inc.

Doc. 343

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Eve H. Cervantez (SBN 164709) ALTSHULER BERZON LLP 177 Post St., Suite 300 San Francisco, CA 94108 Telephone: [phone] Facsimile: 415-362-8064 Additional Attorneys for Plaintiffs and the Proposed Class on Signature Page Roman M. Silberfeld (SBN 62783) David Martinez (SBN 193183) ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 2049 Century Park East, Suite 3400 Los Angeles, CA 90067-3211 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Best Buy Co., Inc. and Best Buy Stores, L.P.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO/OAKLAND DIVISION JASMEN HOLLOWAY, AMY GARCIA, CHERYL CHAPPEL, ERIC BLACKSHER, JESSICA TREAS, LAWRENCE SANTIAGO, JR., MUEMBO MUANZA, MAURICE CALHOUN, and NICHOLAS DIXON, on behalf of themselves and all others similarly situated, Plaintiffs, v. BEST BUY CO., INC., and BEST BUY STORES, L.P. Defendants. Case No. C-05-5056 PJH (MEJ) CLASS ACTION STIPULATION AND [PROPOSED] ORDER TO FILE DOCUMENTS PREVIOUSLY LODGED UNDER SEAL IN THE PUBLIC RECORD

STIPULATION AND [PROPOSED] ORDER RE: FILING DOCUMENTS ­ Case No. C-05-5056 PJH (MEJ)

Dockets.Justia.com

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The parties seek by this stipulation and proposed order to obtain Court permission to file in the public record certain documents that had previously been provisionally lodged under seal in connection with Best Buy's motions to strike Plaintiffs' expert reports and Plaintiffs' oppositions thereto. WHEREAS, in connection with Best Buy's Motion to Strike the Expert Reports of Barbara Reskin, Ph.D. and Best Buy's Motion to Strike the Expert Reports of Richard Drogin, Ph.D. (Dkt Nos. 213-2, 213-3), Best Buy lodged the following documents with the Court attached to the Declaration of Roman M. Silberfeld (Dkt. No. 170), and requested that they be filed under seal: Exhibit B Exhibit C Exhibit D Exhibit F Expert report of Barbara Reskin, Ph.D., dated March 3, 2008 Expert report of Barbara Reskin, Ph.D., dated October 14, 2008 Expert report Richard Drogin, Ph.D., dated June 17, 2008 Excerpts from the certified transcript of the July 10, 2008 rebuttal deposition of Richard Drogin, Ph.D Exhibit G Exhibit 6 from the July 10, 2008 rebuttal deposition of Richard Drogin, Ph.D Exhibit H Exhibit I Expert report submitted by Phillip E. Tetlock, Ph.D., dated June 2, 2008 Expert rebuttal report submitted by Phillip E. Tetlock, Ph.D., dated January 9, 2009 Exhibit L Expert report submitted by Christopher Winship, Ph.D., dated June 2, 2008 Exhibit N Exhibit O Expert report submitted by Michael P. Ward, Ph.D., dated May 9, 2008 Expert rebuttal report submitted by Michael P. Ward, Ph.D., dated July 24, 2008 Exhibit P Exhibit Q Expert report submitted by Finis Welch, Ph.D., dated May 9, 2008 Expert rebuttal report submitted by Finis Welch, Ph. D., dated July 24, 2008 Exhibit R Excerpts from the certified transcript of the May 28, 2008 deposition of

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STIPULATION AND [PROPOSED] ORDER RE: FILING DOCUMENTS ­ Case No. C-05-5056 PJH (MEJ)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Tab 24 Tab 21 Tab 10 Tab 11 Tab 8 Tab 9 Tab 4-C Exhibit T Exhibit S -

Kristina Parker Excerpts from the certified transcript of the May 27, 2008 deposition of Michael Raines Exhibit 717 from the May 27, 2008 deposition of Michael Raines

WHEREAS, in connection with Plaintiffs' Opposition to Defendants' Motion to Strike The Expert Report of Dr. Richard Drogin, Plaintiffs provisionally lodged their opposition brief under seal on April 8, 2009; WHEREAS, in connection with Plaintiffs' Opposition to Defendants' Motion to Strike The Expert Report of Dr. Richard Drogin, Plaintiffs provisionally lodged the following documents under seal with the Court, attached to the Declaration of Jamie L. Crook in Support of Plaintiffs' Oppositions to Defendants' Motions to Strike the Expert Reports of Dr. Richard Drogin and Dr. Barbara Reskin (Dkt. No. 180): Tab 2 Tab 4-B Appendices 2, 3, 4, and 10 to Dr. Drogin's report Exhibit 3 introduced at the September 24, 2008 deposition of Dr. Finis Welch Exhibit 4 introduced at the September 24, 2008 deposition of Dr. Finis Welch Excerpts from the August 24, 2007 deposition of Rosalind Chevreuil Excerpts from the July 24, 2007 deposition of Kristina Parker and Exhibit 309 introduced at that deposition Excerpts from the May 28, 2008 deposition of Kristina Parker Excerpts from the May 27, 2008 deposition of Michael Raines and Exhibit 714 introduced at that deposition Excerpts from the August 31, 2007, deposition of Sondra Chadwick and Exhibit 544 introduced at that deposition Excerpts from the January 17, 2008, deposition of Larry Amundson and Exhibit 624 introduced at that deposition

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STIPULATION AND [PROPOSED] ORDER RE: FILING DOCUMENTS ­ Case No. C-05-5056 PJH (MEJ)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) that: (1) seal;

Tab 25 -

Exhibit 47 that was introduced at the March 27, 2007, deposition of Rosalind Chevreuil

Tab 27 -

Best Buy job descriptions bearing bates-stamps HBB07887124-127, HBB07887132-136, HBB07887141-143, and HBB07887172-175

WHEREAS, in connection with Best Buy's Reply Memorandum in Support of Motions to Strike, Best Buy lodged the following document provisionally under seal with the Court attached to the Declaration of Roman M. Silberfeld in Support of Reply Memorandum (Dkt. No. 198): Exhibit R Compensation Manual, Depo Ex. 533

WHEREAS, on March 9, 2010, the Court denied without prejudice Best Buy's request that these documents be filed under seal; WHEREAS, Best Buy does not intend to again move to file these documents under

WHEREAS, some, but not all, of these documents have already been filed in the public record in connection with Plaintiffs' Motion for Class Certification or Best Buys' Opposition thereto, but with different exhibit and docket numbers; THEREFORE, the parties hereby stipulate and agree, and request that the Court order,

The parties may file in the public record all documents that had previously been provisionally lodged with the Court under seal in connection with Best Buy's Motion to Strike Plaintiffs' Expert Reports and Plaintiffs' Opposition thereto and Best Buy's Replies, including all of the above-listed documents; and The parties may supply to the Court courtesy copies of the documents so filed, bearing the proper electronic filing docket number.

The parties hereby stipulate, and request that the Court so order. DATED: December 8, 2010 ALTSHULER BERZON LLP By: /s/ Eve H. Cervantez

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STIPULATION AND [PROPOSED] ORDER RE: FILING DOCUMENTS ­ Case No. C-05-5056 PJH (MEJ)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: December 8, 2010

Eve H. Cervantez Eve H. Cervantez (SBN 164709) ALTSHULER BERZON LLP 177 Post St., Suite 300 San Francisco, CA 94108 Telephone: [phone] Facsimile: 415-362-8064 Todd M. Schneider (SBN 158253) Guy B. Wallace (SBN 176151) SCHNEIDER & WALLACE 180 Montgomery Street, Suite 2000 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Kelly M. Dermody (SBN 171716) Daniel M. Hutchinson (SBN 239458) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Embarcadero Center West 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] Bill Lann Lee (SBN 108452) Lindsay Nako (SBN 239090) Angelica Jongco (SBN 244374) LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 476 9th Street Oakland, California 94607 Telephone: [phone] Facsimile: 510-839-7839 Attorneys for Plaintiffs ROBINS, KAPLAN, MILLER & CIRESI L.L.P. By: /s/ Roman M. Silberfeld Roman M. Silberfeld

Roman M. Silberfeld, Bar No. 62783 David Martinez, Bar No. 193183 ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 2049 Century Park East, Suite 3400 Los Angeles, CA 90067-3211 Telephone: [phone] Facsimile: [phone] 4
STIPULATION AND [PROPOSED] ORDER RE: FILING DOCUMENTS ­ Case No. C-05-5056 PJH (MEJ)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: 12/13/10

Attorneys for Defendants BEST BUY CO., INC. and BEST BUY STORES, L.P. [PROPOSED] ORDER Pursuant to Stipulation, it is so ORDERED,

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STIPULATION AND [PROPOSED] ORDER RE: FILING DOCUMENTS ­ Case No. C-05-5056 PJH (MEJ)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: December 8, 2010

ATTESTATION I hereby certify that for all conformed signatures indicated by a /s/ I have permission to file on behalf of the signatory.

By:

/s/ Eve H. Cervantez

Eve H. Cervantez (SBN 164709) ALTSHULER BERZON LLP 177 Post Street, Suite 300 San Francisco, CA 94108 Telephone: [phone] Facsimile: [phone]

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STIPULATION AND [PROPOSED] ORDER RE: FILING DOCUMENTS ­ Case No. C-05-5056 PJH (MEJ)