Miyata et al v. California in Nice, Inc.

Filing 28

STIPULATED PROTECTIVE ORDER re 27 . Signed by Magistrate Judge Howard R. Lloyd on 7/15/2010. (hrllc2, COURT STAFF) (Filed on 7/15/2010)

Miyata et al v. California in Nice, Inc.

Doc. 28

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Richard G. Grotch, Esq. - SBN 127713 Alisha A. Beltramo, Esq. - SBN 267423 CO DDING TO N, HICKS & DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, California 94065-2133 Tel. [phone] Fax. [phone] E-mail: [e-mail] ATTO RNEYS FOR Defendant CALIFORNIA IN NICE, INC.

*E-FILED 07-15-2010*

UNITED STATES DISTRICT COURT NO RTH ERN DISTRICT OF CALIFORNIA

YOSHIO KATO, individually and as surviving heirs of decedent, Yoshiyuki Kato, et al., Plaintiffs, v s. HAWKER BEECHCRAFT CORPORATION, BEECH AIRCRAFT CORPORATION, et al., Defendants. /

No. C 09-0616 JF (HRL)

No. C 09-1148 JF (HRL) HARUKO MIYATA, Individually, et al., Plaintiffs, v s. CALIFORNIA IN NICE, INC., (d.b.a. NICE AIR), et al., Defendants. / / // / // / // / //
Stipulated Protective Order C 09-0616 JF (HRL) / C 09-1148 JF (HRL)

STIPULATED PROTECTIVE ORDER

Dockets.Justia.com

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CODDINGTON, HICKS & DANFORTH

WHEREAS solely for the purpose of attempting to compromise, settle, or resolve, in whole or in part, the litigation arising out of the December 18, 2006 accident, involving a Beech D95A (U.S. Registration N144PG), defendant CALIFORNIA IN NICE, INC., d/b/a "Nice Air" (hereinafter "Nice Air") agrees to disclose to the plaintiffs in the captioned litigation, and to their counsel of record, certain financial information which Nice Air contends is confidential and proprietary (hereinafter "Protected Material"); and WHEREAS Nice Air makes these disclosures without prejudice to its position that the Protected Material is confidential and proprietary and without prejudice to its position as to the inadmissibility of the Protected Material in future proceedings in the litigation; and WHEREAS Nice Air will disclose certain Protected Material, but only in reliance upon this express agreement of the plaintiffs and their counsel of record that the disclosed Protected Material will be used solely and exclusively in connection with these related cases and solely for the purpose of attempting to settle this litigation; and WHEREAS plaintiffs' agreement to this limitation on the use of Protected Material is without prejudice to their rights to seek a modification of this agreement, either by stipulation or by Court order upon a showing of good cause; and WHEREAS when the litigation has been terminated, plaintiffs and their counsel will, within 60 days after the final termination of this action, return all Protected Material to counsel of record for Nice Air. With the permission in writing from Nice Air or its counsel of record, plaintiffs and their attorneys may destroy some or all of the Protected Material instead of returning it. Whether the Protected Material is returned or destroyed, plaintiffs and the counsel must submit a written certification to Nice Air, by the 60 day deadline, that identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and that affirms that no copies, abstracts, compilations, summaries or other forms of reproducing or capturing any of the Protected Material have been retained; and / // / // 1
Stipulated Protective Order C 09-0616 JF (HRL) / C 09-1148 JF (HRL)

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WHEREAS unless otherwise ordered by the court or permitted in writing by Nice Air or its counsel of record, plaintiffs and their counsel of record may disclose any information or item designated by Nice Air as CONFIDENTIAL only to: (a) plaintiffs' Counsel of record in this action, as well as employees of said Counsel to

whom it is reasonably necessary to disclose the information for this litigation; and (b) plaintiffs' experts to whom disclosure is reasonably necessary for purposes of

attempting to compromise, settle, or resolve the litigation, in whole or in part; and WHEREAS if timely corrected, an inadvertent failure to designate qualified information or items as "Confidential" does not, standing alone, waive Nice Air's right to secure protection under this Stipulation and Order for such material. If material is appropriately designated as

"Confidential" after the material was initially produced, plaintiffs and their counsel of record, on timely notification of the designation, must make reasonable efforts to assure that the material is treated in accordance with the provisions of this Stipulation and Order; and WHEREAS nothing in this Stipulation abridges the right of any person to seek its modification by the Court in the future. IT IS SO STIPULATED. Dated: July 13, 2010 THE BRANDI LAW FIRM /s/ By: Brian J. Malloy Attorneys for Plaintiffs Yoshio Kato and Sachiko Kato Dated: July 13, 2010 M ARSHALL SUZUKI LAW GROUP /s/

Brian J. Malloy

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CODDINGTON, HICKS & DANFORTH

Shinichi Mac Nozaki

By: Shinichi Mac Nozaki Attorneys for Plaintiffs Haruko Miyata and Keigo Miyata

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Stipulated Protective Order C 09-0616 JF (HRL) / C 09-1148 JF (HRL)

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Dated: July 13, 2010

LAW OFFICES OF SCOTT H. WECHSLER / s/

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CODDINGTON, HICKS & DANFORTH

Scott H. Wechsler

By: Scott H. Wechsler Attorneys for Plaintiffs Haruko Miyata and Keigo Miyata

CODDINGTON, HICKS & DANFORTH /s/

Richard G. Grotch

By: Richard G. Grotch (*) Alisha A. Beltramo Attorneys for Defendant California in Nice, Inc. I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.

PURSUANT TO STIPULATION, IT IS SO ORDERED. For a period of six months after the final termination of these actions, this court will retain jurisdiction to enforce the Dat == March == 2010 ===ed:======__,==== terms of this order.

_ _ ___ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Honorable Howard R. Lloyd UNITED STATES MAGISTRATE JUDGE

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Stipulated Protective Order C 09-0616 JF (HRL) / C 09-1148 JF (HRL)