Momento, Inc v. Seccion Amarilla USA et al

Filing 48

STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 4/8/09. (lrc, COURT STAFF) (Filed on 4/9/2009)

Case 4:09-cv-01223-SBA

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Filed 04/03/2009

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Edward D. Johnson (SBN 189475) [e-mail] Jason A. Wrubleski (SBN 251766) [e-mail] MAYER BROWN LLP Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] Christopher J. Kelly (Pro Hac Vice) [e-mail] MAYER BROWN LLP 1909 K Street, N.W. Washington, D.C. 20006-1101 Telephone: [phone] Facsimile: [phone] Richard M. Assmus (Pro Hac Vice) [e-mail] MAYER BROWN LLP 71 S. Wacker Drive Chicago, IL 60606-4637 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant SECCION AMARILLA USA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OAKLAND DIVISION MOMENTO, INC., Plaintiff, v. SECCION AMARILLA USA, CORY SUAZO, RAFAEL BERRIOS, and DOES 1-50, Defendants. Case No. 09-CV-1223 SBA xxx O xxxxxx ] STIPULATION AND [PRxxPOSEDx ORDER REGARDING DEFENDANT SECCION AMARILLA'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Judge: Hon. Saundra Brown Armstrong

STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANT'S ADMIN. MOT. TO SEAL CASE NO. 09-CV-1223 SBA
44052466.1

Case 4:09-cv-01223-SBA

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WHEREAS, on April 3, 2009, Defendant Seccion Amarilla (SAUSA) will file its Opposition To Plaintiff's Ex Parte Application For Order For Impound Or, In The Alternative, Order To Preserve Evidence, Temporary Restraining Order, Order To Show Cause Re: Preliminary Injunction ("Opposition"), its Declaration Of Arturo Pellerano In Support Of Defendant Seccion Amarilla USA's Opposition To Plaintiff's Ex Parte Application For Order For Impound Or, In The Alternative, Order To Preserve Evidence, Temporary Restraining Order, Order To Show Cause Re: Preliminary Injunction ("Pellerano Declaration"), and of its Declaration of Teresita Nodarse In Support Of Defendant Seccion Amarilla USA's Opposition To Plaintiff's Ex Parte Application (Dkt. No. 2) And In Support Of Defendant Seccion Amarilla's Administrative Motion To File Under Seal ("Nodarse Declaration"); WHEREAS, portions of paragraphs 4, 6, and 7 of the Pellerano Declaration; Exhibits B and C to the Nodarse Declaration; and portions of the Opposition citing to those and only those paragraphs and exhibits contain competitively sensitive pricing and cost information; and WHEREAS, on April 3, 2009, counsel for Momento, Inc. ("Momento") reviewed the proposed redacted forms of the Pellerano Declaration and the Nodarse Declaration; THEREFORE, it is hereby stipulated and agreed by SAUSA and Momento, through their respective counsel of record, as follows: 1) The Opposition, Pellerano Declaration, and Nodarse Declaration are to be filed

under seal, with redacted versions omitting only those portions relating to the above-recited competitively sensitive cost and pricing information to be filed electronically; 2) The unredacted versions of the Opposition, Pellerano Declaration, and Nodarse

Declaration served on Ali Kamarei, undersigned counsel for Momento, shall not be disclosed to any person or entity except for outside counsel of record (which includes the partners, associates, contract attorneys, agents and employees of the outside counsel of record, except for agents or employees who have been retained or employed by outside counsel of record as experts or consultants) for the parties to this action, and shall only be so disclosed to the extent reasonably necessary to render professional services in this action. Unless otherwise expressly provided subsequently through stipulation or order, said outside counsel of record shall include only the
WRUBLESKI DECL. IN SUPPORT OF PLAINTIFFS' OPPOSITION AND ADMIN. MOT. TO SEAL CASE NO. 09-CV-1223 SBA

Case 4:09-cv-01223-SBA

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law firms of Mayer Brown LLP on behalf of SAUSA and Inhouse Co. on behalf of Momento; 3) Paragraph 2 of this stipulation and Order shall remain in effect only until such

time as an appropriate Protective Order is entered in the above-captioned case; 4) SAUSA, by and through its counsel, agrees not to oppose any motion by

Momento for leave to file a reply in support of Plaintiff's Ex Parte Application For Order For Impound Or, In The Alternative, Order To Preserve Evidence, Temporary Restraining Order, Order To Show Cause Re: Preliminary Injunction. IT IS SO STIPULATED. Dated: April 3, 2009 INHOUSE CO. By: /s/ Ali Kamarei________________ Ali Kamarei, Esq.

Attorneys for Plaintiff Momento, Inc. Dated: April 3, 2009 MAYER BROWN, LLP By: /s/ Richard M. Assmus__________ Richard M. Assmus

Attorneys for Defendant Seccion Amarilla, USA Filer's Attestation: Pursuant to General Order No. 45, Section X(B), Jason A. Wrubleski hereby attests that the signatories' concurrence in the filing of this document has been obtained.

PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: April _8 , 2009 _ By: _____________________________ Hon. Saundra Brown Armstrong United States District Judge

-2STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANT'S ADMIN. MOT. TO SEAL CASE NO. 09-CV-1223 SBA