Graifman v. Trend Micro Corporation

Filing 47

ORDER re 45 Stipulation regarding nonwaiver of privilege filed by Trend Micro Corporation. Signed by Judge Whyte on 11/9/2011. (rmwlc2, COURT STAFF) (Filed on 11/9/2011)

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Timothy J. Burke (SBN 181866)
STULL, STULL, & BRODY
10940 Wilshire Boulevard
Suite 2300
Los Angeles, CA 90024
[phone]
[phone]
[e-mail]

Tod L. Gamlen (SBN: 83458)
Irene V. Gutierrez (SBN: 252927)
BAKER & McKENZIE LLP
660 Hansen Way
Palo Alto, CA 94304-1044
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail];
Email [e-mail]

Gary S. Graifman
KANTROWITZ, GOLDHAMER &
GRAIFMAN, PC
210 Summit Avenue
Montvale, NJ 07645
Email: [e-mail]
Phone: [phone]
Facsimile: 201-307-1086

Mark D. Taylor (pro hac vice)
Matthew McCrary (pro hac vice)
BAKER & McKENZIE LLP
2300 Trammell Crow Center
Dallas, TX 75201
Telephone: [phone]
Facsimile: 214 978 3099
Email: [e-mail]
Email: [e-mail]

Michael S. Green
GREEN & ASSOCIATES, LLC
522 Route 18
P.O. Box 428
East Brunswick, NJ 08816
Email: [e-mail]
Phone: [phone]
Facsimile: 732-390-0481

Attorneys for Defendant
TREND MICRO, INCORPORATED (USA) sued
herein as TREND MICRO CORPORATION.

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Attorneys for Plaintiff Brian Graifman
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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BRIAN GRAIFMAN, on Behalf of Himself, All
Others Similarly Situated, and the General
Public,

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Plaintiff,

Case No. 11-CV-02488-RMW
STIPULATION AND ORDER
REGARDING
NONWAIVER OF PRIVILEGE

v.
TREND MICRO CORPORATION, and DOES
1 through 10, Inclusive,

Complaint Filed: March 2, 2011

Defendants.

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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
[phone]

Case No. _11-CV-02488-RMW
STIPULATION & ORDER RE NON-WAIVER OF PRIVILEGE
PALDMS/447107.2

STIPULATION

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Plaintiff BRIAN GRAIFMAN (including any and all other persons that he may be

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determined to represent) and Defendant TREND MICRO INCORPORATED, by and through their

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respective counsel, enter into this Stipulation.

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WHEREAS, the parties are engaged in the production and/or exchange of documents, things
and electronically stored information;
WHEREAS, each party acknowledge that, while each party is making effort to identify and

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withhold from production any document, thing or electronically stored information which that party

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believes is privileged or otherwise legally protected from disclosure, given the volume and nature of

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material being exchanged, there is a possibility that certain privileged material may be produced

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inadvertently; and,

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WHEREAS, each party intends and desires that any and all such inadvertent productions

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and/or disclosure not constitute a waiver of any applicable privileges or legal protection from

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disclosure (collectively referred to as “privilege(s)” or “privileged”), including, but not limited to,

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privileges and protections based on the attorney client privilege, the attorney work product doctrine,

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trade secret, confidentiality, and/or privacy.

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IT IS THEREFORE STIPULATED as follows:

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1.

A party who discloses or produces any privileged document, thing or electronically

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stored information without intending to waive the claim of privilege associated with it may, within

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ten (10) days after the producing party actually discovers that such inadvertent disclosure or

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production occurred, amend its discovery response and notify the other party that such document,

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thing or electronically stored information was inadvertently disclosed or produced and should have

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been withheld as privileged.

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Once the producing party provides such notice to the requesting party, the requesting party

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must promptly return the specified document, thing and/or electronically stored information and any

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copies thereof. By complying with this obligation, the requesting party does not waive any right it

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has to challenge the assertion of privilege and request on order of the court denying such privilege.

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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
[phone]

Case No. _11-CV-02488-RMW
STIPULATION & ORDER[PROPOSED] RE NON-WAIVER OF PRIVILEGE
PALDMS/447107.2

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: October 20, 2011

STULL, STULL & BRODY

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By: /s/ Gary S. Graifman
Gary S. Graifman
Attorneys for Plaintiff
BRIAN GRAIFMAN

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Dated: October 20, 2011

BAKER & McKENZIE LLP

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By: /s/ Tod L. Gamlen
Tod L. Gamlen
Attorneys for Defendant
TREND MICRO, INCORPORATED
(USA) sued herein as TREND MICRO,
CORPORATION

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ATTESTATION OF CONCURRENCE BY TOD L. GAMLEN

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I, Tod L. Gamlen, hereby attest that I am one of the attorneys for Trend Micro Incorporated

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(USA), and, as the ECF user and filer of this document, I attest that, pursuant to General Order No.

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45(X)(B), concurrence in the filing of this document has been obtained from Gary S. Graifman, the

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above signatory.

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Dated: October 20, 2011

By: /s/ Tod L. Gamlen

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ORDER [PROPOSED]

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Pursuant to stipulation IT IS SO ORDERED.

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Date:

, 2011

______________________________________
UNITED DISTRICT COURT JUDGE

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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
[phone]

Case No. _11-CV-02488-RMW
STIPULATION & ORDER RE NON-WAIVER OF PRIVILEGE
PALDMS/447107.2