Kirkpatrick v. Alderwoods Group, Inc. et al

Western District of Texas, txwd-6:2011-cv-00238

SEALING ORDER. Signed by Judge Illston on 5/14/09. [Transferred from California Northern on 9/7/2011.]

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Case Case 6:11-cv-00238-WSS 3:08-cv-01184-SI Document Document 149156Filed Filed 05/15/09 Page 05/08/2009 Page1 of 44 1 of BURNHAM BROWN 1 Robert M. Bodzin, State Bar No. 201327 P.O. Box 119 2 Oakland, CA 94604 Telephone: (510) 835-6833 3 Facsimile: (510) 835-6666 rbodzin@BurnhamBrown.com 4 [Additional Counsel Listed on Signature Page] 5 6 Attorneys for Plaintiffs 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO/OAKLAND DIVISION 10 11 WILLIAM HELM, DEBORAH PRISE,) Case No. CV 08-1184-SI HEATHER P. RADY, et al., on behalf of) 12 themselves and all other employees and former) STIPULATION TO FILE DOCUMENT employees similarly situated,) UNDER SEAL; [PROPOSED] ORDER 13) Plaintiffs,) & C-09-1190 SI 14) v.) 15) ALDERWOODS GROUP, INC.,) 16)) 17 Defendant.) 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER Case No. CV 08-1184-SI Case Case 6:11-cv-00238-WSS 3:08-cv-01184-SI Document Document 149156Filed Filed 05/15/09 Page 05/08/2009 Page2 of 44 2 of 1 STIPULATION 2 Previously, Plaintiffs and Defendants agreed to, and the Court entered, a Stipulated 3 Protective Order Pursuant to Fed. R. Civ. P. 26(C). (Bryant Docket No. 112; Helm Docket No. 4 124). That Protective Order, inter alia, set out a procedure permitting parties to designate certain 5 discovery materials "CONFIDENTIAL." In response to discovery demands in this case, 6 Defendants have designated certain documents "CONFIDENTIAL" pursuant to the Protective Order, and Plaintiffs have not currently challenged some of those designations. 7 Pursuant to Civil Local Rules 79-5 and 7-12, Plaintiffs and Defendants in these matters, 8 through their undersigned counsel, hereby stipulate that in responding to Defendants' pending 9 motions to dismiss, Plaintiffs may file under seal pursuant to the Protective Order the following 10 documents, each of which has been designated "CONFIDENTIAL" by Defendants: 11 1. SCI Cash Balance Plan, bates number SCI(BRY) 00196 - 00271 12 2. "SCI 401(K) Retirement Savings Plan" Documents, bates number SCI(BRY) 00015 - 13 00195 14 3. Employee Handbooks, bates number SCI(BRY) 00272 - 00410 4. Flowcharts, bates number SCI(BRY) 00411 - 00414 15 5. Written agreements executed by Curtis Briggs, bates number CBRIGGS 0009 – 0029 16 6. Transcript of the deposition of Thomas Ryan taken on April 22, 2009 17 7. Plaintiffs' Opposition to Defendants' Motion to Dismiss Amended Complaint 18 Pursuant to FRCP 12(b)(6) (Lack of In Personam Jurisdiction) or, Alternatively, 19 FRCP 12(b)(6) (Failure to State a Claim Upon Which Relief Can be Granted), which 20 describes and quotes from materials Defendants have designated as 21 "CONFIDENTIAL" 22 8. Plaintiffs' Consolidated Declaration of Sarah Cressman in Opposition to Defendants' Motions to Dismiss, for Partial Judgment on the Pleadings, and to Strike and Require 23 a More Definite Statement and Motions for Stay and Award of Attorney Fees and 24 Costs Pursuant to FRCP 41(d), which describes and quotes from materials Defendants 25 have designated as "CONFIDENTIAL" 26 27 28 STIPULATION TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER Case No. CV 08-1184 -1- Case Case 6:11-cv-00238-WSS 3:08-cv-01184-SI Document Document 149156Filed Filed 05/15/09 Page 05/08/2009 Page3 of 44 3 of 1 AGREED TO: 2 3 4 /s/ Annette Gifford /s/ Nicholas P. Forestiere Thomas & Solomon LLP Gurnee & Daniels LLP 5 693 East Avenue 2240 Douglas Boulevard, Suite 150 6 Rochester, New York 14607 Roseville, California 95661 7 Telephone: (585) 272-0540 Telephone: (916) 797-3100 8 9 Attorneys for Plaintiffs Attorneys for Defendants 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER Case No. CV 08-1184 -2- Case Case 6:11-cv-00238-WSS 3:08-cv-01184-SI Document Document 149156Filed Filed 05/15/09 Page 05/08/2009 Page4 of 44 4 of 1 ORDER 2 Pursuant to the Stipulation of counsel and good cause appearing, the Court hereby orders 3 that, in responding to Defendants' pending motions to dismiss, Plaintiffs may file under seal 4 pursuant to the Protective Order the following documents, each of which has been designated 5 "CONFIDENTIAL" by Defendants: 6 1. SCI Cash Balance Plan, bates number SCI(BRY) 00196 - 00271 7 2. "SCI 401(K) Retirement Savings Plan" Documents, bates number SCI(BRY) 00015 - 8 00195 3. Employee Handbooks, bates number SCI(BRY) 00272 - 00410 9 4. Flowcharts, bates number SCI(BRY) 00411 - 00414 10 5. Written agreements executed by Curtis Briggs, bates number CBRIGGS 0009 – 0029 11 6. Transcript of the deposition of Thomas Ryan taken on April 22, 2009 12 7. Plaintiffs' Opposition to Defendants' Motion to Dismiss Amended Complaint 13 Pursuant to FRCP 12(b)(6) (Lack of In Personam Jurisdiction) or, Alternatively, 14 FRCP 12(b)(6) (Failure to State a Claim Upon Which Relief Can be Granted), which 15 describes and quotes from materials Defendants have designated as 16 "CONFIDENTIAL" 8. Plaintiffs' Consolidated Declaration of Sarah Cressman in Opposition to Defendants' 17 Motions to Dismiss, for Partial Judgment on the Pleadings, and to Strike and Require 18 a More Definite Statement and Motions for Stay and Award of Attorney Fees and 19 Costs Pursuant to FRCP 41(d), which describes and quotes from materials Defendants 20 have designated as "CONFIDENTIAL" 21 22 IT IS SO ORDERED: 23 24 Honorable Susan Illston 25 United States District Court 26 27 28 STIPULATION TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER Case No. CV 08-1184 -3-