Kirola et al v. City & County of San Francisco, The et al

Filing 237

STIPULATION AND ORDER re 230 Stipulation to Addendum to 1/29/10 order,, filed by City & County of San Francisco, The, Ross Mirkarimi, Ivana Kirola, Craig Yates, Michela Alioto-Pier, Jake McGoldrick, Sophie Maxwell, Tom Ammiano, Aaron Peskin, Bevan Dufty, Gerardo Sandoval, Gavin Newsom, Ed Jew, Sean Elsbernd, Michael Kwok, Elizabeth Elftman, Chris Daly. Signed by Judge Edward M. Chen on 4/9/10. (bpf, COURT STAFF) (Filed on 4/9/2010)

Download PDF
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 DENNIS J. HERRERA, State Bar #139669 City Attorney DANNY CHOU, State Bar # 180240 Chief of Complex and Special Litigation JAMES M. EMERY, State Bar #153630 ELAINE M. O'NEIL, State Bar #142234 Deputy City Attorneys Fox Plaza 1390 Market Street, Seventh Floor San Francisco, California 94102-5408 Telephone: (415) 554-4261 Facsimile: (415) 554-3985 E-Mail: jim.emery@sfgov.org Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, ET AL. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IVANA KIROLA, MICHAEL KWOK, and ELIZABETH ELFTMAN, on behalf of themselves and all others similarly situated, Plaintiffs, vs. THE CITY AND COUNTY OF SAN FRANCISCO ("the CITY"); GAVIN NEWSOM, in his official capacity as Mayor; AARON PESKIN, in his official capacity as President of the Board of Supervisors; JAKE MCGOLDRICK, MICHELA ALIOTOPIER, ED JEW, CHRIS DALY, SEAN ELSBERND, BEVAN DUFTY, TOM AMMIANO, SOPHIE MAXWELL, ROSS MIRKARIMI, AND GERARDO SANDOVAL, in their official capacities as members of the Board of Supervisors, Defendants. Case No. C07-3685 SBA EMC STIPULATION TO ADDENDUM TO JANUARY 29, 2010 ORDER REGARDING INADVERTENT DISCLOSURE OF PRIVILEGED OR CONFIDENTIAL INFORMATION AND DOCUMENTS; [PROPOSED] ORDER THEREON Trial Date: July 12, 2010 STIPULATION AND [PROPOSED] ORDER CASE NO. C07-3685 SBA n:\cxlit\li2008\080122\00620919.doc 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 STIPULATION AND [PROPOSED] ORDER CASE NO. C07-3685 SBA [PROPOSED] ORDER Through discovery, plaintiffs have requested production from defendant of substantial amounts of information and documents in this case, including construction and project files consisting of voluminous hard-copy files and electronic materials. These files contain materials that are subject to the attorney-client privilege and to attorney work product protection, as well as materials, such as certified payroll records, that contain the social security numbers of individuals employed on these construction projects. Defendant represents that it has taken reasonable efforts to review all responsive electronic and hard-copy documents for information protected by the attorney client privilege, attorney work product doctrine or other applicable privileges prior to production. Moreover, defendant represents that it also has taken reasonable efforts to review the produced files for confidential "personal information," as that term is defined in California Civil Code Section 1798.3(a), including without limitation information regarding social security numbers. However, and notwithstanding defendant's efforts to review for privilege and confidentiality, given the volume of data and documents to be exchanged and the limited time to complete document productions under the current pretrial schedule, it is possible that certain inadvertent disclosures may be made. In recognition of these circumstances surrounding the production of the project and construction files requested by plaintiffs, and for the purpose of enabling the document production to proceed in an expeditious and economical manner, the Court hereby orders that defendant's production of project files and construction files hereby are subject to the protections and provisions // // // 1 n:\cxlit\li2008\080122\00620919.doc 1 2 3 of this Court's January 29, 2010 Order Regarding Inadvertent Disclosure Of Privileged Or Confidential Information And Documents, attached hereto as Exhibit A. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CASE NO. C07-3685 SBA UNIT ED 4 DATE: 4/9/10 Ivana Kirola and Elizabeth Elftman, throughRtheir counsel, and theCCity and County of N OF San Francisco, through its counsel, hereby stipulate to entry of the above order in this action. E D IS T IC T R APPROVED: DATED: April 7, 2010 SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY By: /s/ MARK T. JOHNSON Attorneys for Plaintiffs DATED: April 7, 2010 DENNIS J. HERRERA City Attorney DANNY CHOU Chief of Complex and Special Litigation By: /s/ Elaine M. O'Neil Deputy City Attorney Attorneys for Defendants City and County of San Francisco, et al. 2 n:\cxlit\li2008\080122\00620919.doc A LI STIPULATION FO dwa Judge E rd M. C hen R NIA _________________________________ HONORABLE EDWARDERED M. CHEN O ORD United StatesIS S IT Magistrate Judge S S DISTRICT TE C TA RT U O NO RT H

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?