Pashamova v. New Balance Athletic Shoe, Inc. et al

Filing 54

Magistrate Judge Leo T. Sorokin: ORDER entered; ORDER ON PENDING MOTIONS; The Motion to Appoint Interim Class Counsel (#11 in 11cv10001-LTS) is ALLOWED.The Motion to Strike (#47 in 11-cv-10001-LTS) is ALLOWED. The First Motion to Amend the Complaint (#36 in 11-cv-10001-LTS) is ALLOWED (and thus Pashamovas name shall be removed from the caption and all future pleadings. The Motion to Compel Discovery (#26 in 11-cv-10001-LTS) is ALLOWED in that Pashamova shall respond to any outstanding requests f or documents. The Motion is DENIED AS MOOT in light of the ruling on the Motion to Amend regarding her deposition and DENIEDin all other respects. The Motion for Protective Order by New Balance (#28 in 11cv10001-LTS and #22 in 11-cv-10632-LTS) is ALLOWED subject to the following changes. The Motion to Withdraw (#53) is ALLOWED. The Motion to Dismiss the Fifth Cause of Action (#20) is DENIED WITHOUT PREJUDICE; Associated Cases: 1:11-cv-10001-LTS, 1:11-cv-10632-LTS(Simeone, Maria)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
____________________________________
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BISTRA PASHAMOVA,
)
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Plaintiff,
)
)
v.
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NEW BALANCE ATHLETIC SHOE, INC. )
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Defendant.
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)
)
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KIMBERLY CAREY,
)
SHANNON DILBECK
)
)
Plaintiffs,
)
)
v.
)
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NEW BALANCE ATHLETIC SHOE, INC. )
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Defendant.
)
)

Civil Action No. 11-10001-LTS

Civil Action No. 11-10632-LTS

ORDER ON PENDING MOTIONS
July 15, 2011
SOROKIN, M.J.
Pending Motions in 11cv10001-LTS
The Motion to Appoint Interim Class Counsel (#11 in 11cv10001-LTS) is ALLOWED.
The Motion to Strike (#47 in 11-cv-10001-LTS) is ALLOWED.
The First Motion to Amend the Complaint (#36 in 11-cv-10001-LTS) is ALLOWED (and
thus Pashamova’s name shall be removed from the caption and all future pleadings) subject to

the following conditions: (1) Pashamova shall make herself available for a deposition which shall
occur in her home state at a location and time reasonably convenient to the deponent including
weekends if requested; (2) the deposition transcript is sealed, is subject to the protective order in
this case and may not be made public or filed in court except under seal, absent prior permission
of the Court; (3) the deposition shall be transcribed but not videotaped; and (4) there shall be no
questions at the deposition concerning the matters posted on the internet that have given rise to
Pashamova’s desire to withdraw from this case.
The Motion to Compel Discovery (#26 in 11-cv-10001-LTS) is ALLOWED in that
Pashamova shall respond to any outstanding requests for documents. The Motion is DENIED
AS MOOT in light of the ruling on the Motion to Amend regarding her deposition and DENIED
in all other respects.
The Motion for Protective Order by New Balance (#28 in 11cv10001-LTS and #22 in 11cv-10632-LTS) is ALLOWED subject to the following changes.
Regarding ¶ 8, the Court will await the further filings by the parties due on July 28, 2011.
Regarding ¶ 3, the proposed paragraph shall be replaced with the following language “The provisions of Rule 26(b)(5)(B) govern inadvertent production and are incorporated herein.”
Regarding ¶ 4, the parties shall add the following language: “Nothing about the postproduction designation of confidentiality shall prevent a challenge to the designation pursuant to
the procedures established in this Order.”
Regarding ¶5, the reasonable notice and hearing provision shall be replaced with the
following language: “after reasonable notice and a hearing, if the Court deems such hearing
warranted.”
Regarding ¶6, the word “solely” is deleted.

Regarding ¶ 13, no changes are made.
The Motion to Withdraw (#53) is ALLOWED.

Pending Motions in 11cv10632-LTS
Docket numbers 11 and 13 are TERMINATED as having been resolved by the federal
court in California prior to transfer of this action to this district.
The Motion to Dismiss the Fifth Cause of Action (#20) is DENIED WITHOUT
PREJUDICE to renewal at a later stage of the proceedings, notwithstanding the able oral and
written presentation of counsel.

/s / Leo T. Sorokin
UNITED STATES MAGISTRATE JUDGE