Garner v. State Farm Mutual Automobile Insurance Company

Filing 184

STIPULATION AND ORDER re 183 Stipulation filed by State Farm Mutual Automobile Insurance Company, Arnesha M. Garner. Signed by Judge Edward M. Chen on 7/13/09. (bpf, COURT STAFF) (Filed on 7/13/2009)

Case4:08-cv-01365-CW Document183

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SEDGWICK, DETERT, MORAN & ARNOLD LLP KEVIN J. DUNNE Bar No. 40030 LAURA L. GOODMAN Bar No. 142689 MICHELLE Y. MCISAAC Bar No. 215294 ANDREW J. KING Bar No. 253962 One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP KATHERINE ARMSTRONG (pro hac vice) Four Times Square New York, NY 20036 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ARNESHA M. GARNER, on behalf of herself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., Defendant. WHEREAS, on April 16, 2009, defendant State Farm Mutual Automobile Insurance Company ("State Farm") filed a motion for a protective order to allow State Farm to redact policy holder identifying information from documents that State Farm produces in this case (Docket No. 162) (hereinafter, the "Motion"), which Plaintiff opposed; WHEREAS, the Motion was heard by this Court on May 27, 2009; WHEREAS, at the conclusion of the hearing on the Motion, the Court ordered the parties to meet and confer regarding entering into a stipulation to resolve the Motion;
-1CASE NO. CV 08 1365 CW (EMC) STIPULATED PROTECTIVE ORDER

CASE NO. CV 08 1365 CW (EMC) STIPULATED PROTECTIVE ORDER JUDGE: Magistrate Judge Edward M. Chen

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WHEREAS, upon meeting and conferring pursuant to the Court's order, the parties entered into a Stipulation, whereby the parties stipulated that the state of mind of putative class members is not relevant to the determination of whether a class action should be certified, and will not be placed at issue during the class certification proceedings. WHEREAS, the parties' Stipulation was conditioned upon the entry of a protective order by the Court providing that Defendant is not required to disclose, prior to class certification, the names and addresses or other identifying information of its policyholders to Plaintiff, her attorneys or any other representatives, agents, experts, or consultants of Plaintiffs or her attorneys. WHEREAS, the parties' Stipulation was signed by the Honorable Claudia Wilken, United States District Judge, on June 5, 2009 (Docket No. 182). WHEREAS, in light of the foregoing, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order: 1. Defendant is not required to disclose, prior to class certification, the names and

addresses or other identifying information of its policyholders to Plaintiff, her attorneys or any other representatives, agents, experts, or consultants of Plaintiffs or her attorneys. STIPULATED TO AND AGREED: DATED: July 9, 2009 LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP By: ___/s/ Roger N. Heller_____________ Roger N. Heller Embarcadero Center West 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ARNESHA GARNER

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DATED: July 9 2009

SEDGWICK, DETERT, MORAN & ARNOLD, LLP By: ___/s/ Laura L. Goodman___________ Laura L. Goodman One Market Plaza Steuart Street Tower, 8th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ORDER

PURSUANT TO STIPULATION, and good cause appearing therefor, IT IS SO ORDERED.

J DATED: ___uly 13

, 2009

UNIT ED

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S DISTRICT TE C THE HONORABLE EDWARD M. CHEN TA
824848.1

UNITED STATES MAGISTRATE JUDGE

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