Perritt et al v. The Cupcakery, et al

Filing 72

Unopposed MOTION to Seal Plaintiffs' Response Brief in Opposition to Defendants' Motion to Transfer Venue by Buster Baking, Ricky B Perritt, The Cupcakery, The Woodlands Baking, LLC. (Attachments: # 1 Text of Proposed Order)(Siebman, Clyde)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
RICKY B. PERRITT, Individually;
THE CUPCAKERY, LLC, a Texas Limited
Liability Company; BUSTER BAKING,
LLC, a Texas Limited Liability Company;
THE WOODLANDS BAKING, LLC,
a Texas Limited Liability Company;
CUSTOM VERSION CORPORATION,
a Texas Corporation
Plaintiffs,
v.
PAMELA F. JENKINS, Individually; and
THE CUPCAKERY LLC, a Nevada
Limited Liability Company
Defendants.

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Civil Action No. 4:11-CV-23

UNOPPOSED MOTION TO FILE PLAINTIFFS’ RESPONSE BRIEF IN OPPOSITION
TO DEFENDANTS’ MOTION TO TRANSFER VENUE UNDER SEAL
Plaintiffs RICKY B. PERRITT, Individually, THE CUPCAKERY, LLC, a Texas
Limited Liability Company, BUSTER BAKING, LLC, a Texas Limited Liability Company,
THE WOODLANDS BAKING, LLC, a Texas Limited Liability Company, and CUSTOM
VERSION CORPORATION, a Texas Corporation (collectively “Plaintiffs”), by and through
their attorneys, hereby move this Court to file their Response Brief in Opposition to Defendants’
Motion to Transfer Venue and all accompanying exhibits and attachments (collectively
“Response to Motion to Transfer”) under seal. Plaintiffs attach a copy of the April 12, 2011
deposition transcript of Defendant Pamela Jenkins to their Response to Motion to Transfer and
discuss Ms. Jenkins’ deposition testimony in their Response brief. Despite the fact that they did
not object to disclosure and/or note the testimony as confidential on the record at the deposition,

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Defendants contend Ms. Jenkins’ deposition transcript is confidential.

Plaintiffs dispute this

characterization and do not believe that Ms. Jenkins’ deposition transcript is confidential.
However, Plaintiffs move to file their Response to Motion to Transfer under seal until this issue
is resolved.
Counsel for Plaintiffs has conferred with counsel for Defendants in the above styled and
numbered cause, and counsel for Defendants does not oppose this motion and in fact requested
that the Response to Motion to Transfer be filed under seal. Accordingly, Plaintiffs respectfully
request that the Court grant Plaintiffs’ motion to file their Response to Motion to Transfer and all
accompanying exhibits and attachments under seal.

Respectfully submitted,
SIEBMAN, BURG, PHILLIPS & SMITH, LLP
/s/ Clyde M. Siebman
CLYDE M. SIEBMAN
State Bar No. 18341600
BRYAN H. BURG
State Bar No. 03374500
STEPHANIE R. BARNES
State Bar No. 24045696
Federal Courthouse Square
300 North Travis Street
Sherman, Texas 75090
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFFS

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CERTIFICATE OF SERVICE
The undersigned certifies that on this 27th day of May, 2011, all counsel of record who
are deemed to have consented to electronic service are being served with a copy of this document
through the Court’s CM/ECF system under Local Rule CV-5(a)(3). Any other counsel of record
will be served by a facsimile transmission and/or first class mail.

/s/ Clyde M. Siebman

CERTIFICATE OF CONFERENCE
This is to certify that counsel for Plaintiffs have complied with LR CV-7(h) and counsel
for Defendants has indicated that this Motion is not opposed.
/s/ Clyde M. Siebman

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