Parlin Funds LLC et al v. Citibank, N.A.

Filing 15

STIPULATION & ORDER extending the time on or before 5/31/2013 in which plaintiffs may file Under Seal a response to defendants's 13 SEALED MOTION to Dismiss in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 5/7/2013. (art)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO

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PARLIN FUNDS LLC and THE PARLIN FAMILY
FOUNDATION,
Civil Action No. 1:13 cv 111
Plaintiffs,

STIPULATION
AND ORDER

-- against -CITIBANK N.A.,
Defendant.

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WHEREAS:
1.

Parlin Funds LLC and The Parlin Family Foundation (the "Plaintiffs") in this

action are also the plaintiffs in an action pending in the United States District Court for the
Southern District of New York, styled Parlin Funds LLC and The Parlin Family Foundation v.
Tyrone Gilliams, TL Gilliams LLC, Everette Scott, Jr., Elam & Scott, LLP, The Scott Law
Group, L.L.C., Vassilis Morfopoulos, Basic International Development Corporation, The
H.E.A.R.T.T. Foundation, Brett Smith a/k/a "Brett Angelson", J.R. Delgado and Global Fortress,
Inc. 11 Civ. 2534 (ALC) (MHD) (the "SDNY Action").
2.

Plaintiffs, in connection with the SDNY Action, served a subpoena upon

Citibank, N.A. ("Citibank") requiring the production of documents, to which Citibank objected
on the ground that the documents demanded reflected trade secret or other proprietary or
confidential information.
3.

On or around February 24, 2012, Plaintiffs and Citibank entered into a Protective

Order (the "Protective Order", a copy of which is annexed to this Stipulation and Order) which
provided, inter alia, (i) that Citibank could designate certain documents as "Confidential" or

"Attorneys' Eyes Only"; (ii) that Plaintiffs could employ certain procedures to challenge such
designations; and (iii) that, unless otherwise agreed by Citibank or ordered by a Court ruling on a
challenge to such designation, the disclosure and use of documents so designated would be
subject to certain restrictions, including a requirement that submissions to Courts hearing
"Related Actions", as that term is defined in the Protective Order, would either (a) be filed with
the Clerk of such Court under seal and not be available for inspection, except by the Court and
counsel of record; or (b) be submitted in camera only to such Court, as such Court may direct.
The Protective Order was signed and entered by the Hon. Michael H. Dolinger, the Magistrate
Judge presiding over all pretrial aspects of the SDNY Action, and remains in force.
4.

On April 16, 2013, Defendant filed a Motion to Dismiss and a Memorandum of

Law in Support of the Motion To Dismiss with the Clerk of the Court under seal.
5.

In accordance with Court rules, Plaintiffs response to Defendant's Motion To

Dismiss would be due May 7, 2013.
6.

However, by agreement of the parties, Plaintiffs response to Defendant's Motion

To Dismiss has been extended to be filed on or before May 31, 2013.
THEREFORE, by their undersigned counsel, Plaintiffs and Citibank stipulate and the
Court hereby orders that Plaintiffs may file a response to The Motion To Dismiss with the Clerk
of the Court under seal, without prejudice to the rights of Plaintiffs under the Protective Order
subsequently to challenge Citibank's designation of any document or information as
"Confidential" or "Attorneys' Eyes Only" and without prejudice to any rights the parties to this
action, or any other interested person, may have to move at a later date to unseal such responsive
pleading to the Amended Complaint or any other document that may subsequently be filed under
seal in this action.

STIPULATED AND AGREED:

Is/ Pierce E. Cunningham
Pierce E. Cunningham
441 Vine Street, Suite 3500
Cincinnati, Ohio 45202
Telephone: [phone]
Attorneys for Plaintiffs, Parlin Funds LLC
and The Parlin Family Foundation

SO ORDERED:

Is/ Douglas L. Lutz
Douglas L. Lutz
Paige L. Ellerman
FROST BROWN TODD LLC
3300 Great American Tower
301 East Fourth Street
Cincinnati, Ohio 45202
Telephone: [phone]
Attorneys for Citibank, NA.