On June 21, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Frias, Norma,
and
Does 1-20,
Himnel Usa Incorporated,
for Wrongful Termination Unlimited
in the District Court of San Bernardino County.
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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
Douglas M. Wade, SBN183107 11/21/2023 “=56 AM
J— ]aSOH H111, SEN 179630 By: Iridian Cuen Rubio, DEPUTY
Dusty M. Knapp, SBN 349307
CALIFORNIA BUSINESS LAWYER 8: CORPORATE LAWYER, INC.
500 N. State College Blvd, Suite 1100
.bUJN
Orange, California 92868
Telephone: (800) 484-4610
Fax: (714) 400-9033
Email: d0ug@ca-businesslawyer.com; jhill@ca-businesslawyer.c0m
dknapp@ca-businesslawyer.com
KOOONONUI
Attorneys for: Defendant Himnel USA Incorporated
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
NORMA FRIAS,
Case N0. CIVSB2314042
11
Plaintiff, UNLIMITED JURISDICTION
12
Assigned for all purposes to the
13 VS-
Hon. Michael A. Sachs
14
HIMNEL USA INCORPORATED, a Dept 328 - SBIC
15 California Corporation, HIMNEL USA
INCORPORATED DBA ST. MARY’S DEFENDANT HIMNEL USA
16 MONTESSORI SCHOOL, a California INCORPORATED’S NOTICE OF
Corporation, and DOES 1-20, Inclusive MOTION FOR PROTECTIVE
17
ORDER RE DISCOVERY OF THIRD-
18
PARTY ASSETS AND
De£endants° VVVVVVVVVVVVVVVVVVVVVVVVVVVVVV
CONFIDENTIAL, PROPRIETARY
19 INFORMATION
[C.C.P. § 2031.060]
20
[FILED CONCURRENTLY WITH
21
MEMORANDUM OF POINTS AND
22
AUTHORITIES; DECLARATION OF
DUSTY M. KNAPP, ESQ.]
23
Date: 12/12/2023
24 Time: 8:30 a.m.
Dept. 528 — SBJC
25
Action Filed: June 21 2023
26
Trial Date: Not Yet Assigned.
27
28 //
1
DEFENDANT HIMNEL USA’S NOTICE OF MOTION FOR PROTECTIVE ORDER
HIMNEL USA INCORPORATED ADV. NORMA FRIAS; CASE NO. CIVSBZBI4042
TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
PLEASE TAKE NOTICE that on December 12, 2023 at 8:30 a.m. in Department 828-SBIC
.bUJN
before the Honorable Michael A. Sachs, at the above-entitled court located at 247 West
Third Street, San Bernardino, California 92415, Defendant Himnel USA Incorporated
dba St. Mary’s Montessori School (Hereinafter ”Defendant”, ”Himnel”, or ”Montessori
School”) will and hereby does move the Court for a protective order related to
KOOONONUI
documents, records and Video recordings Which infringe upon privacy rights of the
Plaintiff, the Defendant and its employee and other third party Witness without their
authorization and consent.
This motion for Protective Order is brought pursuant to C.C.P. § 2031.060.
11 Specifically, Himnel USA Incorporated will ask the Court that private information be
12 barred from production on the grounds that the privacy interests of some third parties
13 outweigh the relevance of its production, that items that are produced be protected from
14 disclosure t0 the public pursuant t0 C.C.P. 2031.060(b)(5) and subject t0 the [Proposed]
15 Superior Court approved standard Protective and Confidentiality provisions.
16 Specifically, Defendant moves 0n the grounds that Plaintiff requests personnel
17 files 0f third parties, names and contact information 0f all parents and guardians of
18 children enrolled in Defendant’s school, job descriptions for all Defendant’s employees,
19 Defendant’s private financial information, and surveillance Video footage including the
20 ascertainable identities of uninterested third parties. The information demanded by
21 Plaintiff is private, proprietary, and confidential information.
22 Good cause exists for the issuance of the requested relief due t0 the nature 0f the
23 information sought, and because Defendant has agreed t0 produce some 0f the
24 information subject t0 a protective order. However, after considerable meet and confer,
25 Plaintiff has refused to stipulate to any protective order, and has not proposed a less
26 restrictive alternative than the standard order issued by complex litigation departments
27 in most California Superior Courts. Further, Plaintiff will suffer n0 undue prejudice as
28 there is n0 trial date, n0 pending depositions, and the information requested is not
2
DEFENDANT HIMNEL USA’S NOTICE OF MOTION FOR PROTECTIVE ORDER
HIMNEL USA INCORPORATED ADV. NORMA FRIAS; CASE NO. CIVSBZ314042
Document Filed Date
November 21, 2023
Case Filing Date
June 21, 2023
Category
Wrongful Termination Unlimited
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT Douglas M. Wade, SBN183107 11/21/2023 “=56 AM J— ]aSOH H111, SEN 179630 By: Iridian Cuen Rubio, DEPUTY Dusty M. Knapp, SBN 349307 CALIFORNIA BUSINESS LAWYER 8: CORPORATE LAWYER, INC. 500 N. State College Blvd, Suite 1100 .bUJN Orange, California 92868 Telephone: (800) 484-4610 Fax: (714) 400-9033 Email: d0ug@ca-businesslawyer.com; jhill@ca-businesslawyer.c0m dknapp@ca-businesslawyer.com KOOONONUI Attorneys for: Defendant Himnel USA Incorporated SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO NORMA FRIAS, Case N0. CIVSB2314042 11 Plaintiff, UNLIMITED JURISDICTION 12 Assigned for all purposes to the 13 VS- Hon. Michael A. Sachs 14 HIMNEL USA INCORPORATED, a Dept 328 - SBIC 15 California Corporation, HIMNEL USA INCORPORATED DBA ST. MARY’S DEFENDANT HIMNEL USA 16 MONTESSORI SCHOOL, a California INCORPORATED’S NOTICE OF Corporation, and DOES 1-20, Inclusive MOTION FOR PROTECTIVE 17 ORDER RE DISCOVERY OF THIRD- 18 PARTY ASSETS AND De£endants° VVVVVVVVVVVVVVVVVVVVVVVVVVVVVV CONFIDENTIAL, PROPRIETARY 19 INFORMATION [C.C.P. § 2031.060] 20 [FILED CONCURRENTLY WITH 21 MEMORANDUM OF POINTS AND 22 AUTHORITIES; DECLARATION OF DUSTY M. KNAPP, ESQ.] 23 Date: 12/12/2023 24 Time: 8:30 a.m. Dept. 528 — SBJC 25 Action Filed: June 21 2023 26 Trial Date: Not Yet Assigned. 27 28 // 1 DEFENDANT HIMNEL USA’S NOTICE OF MOTION FOR PROTECTIVE ORDER HIMNEL USA INCORPORATED ADV. NORMA FRIAS; CASE NO. CIVSBZBI4042 TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: PLEASE TAKE NOTICE that on December 12, 2023 at 8:30 a.m. in Department 828-SBIC .bUJN before the Honorable Michael A. Sachs, at the above-entitled court located at 247 West Third Street, San Bernardino, California 92415, Defendant Himnel USA Incorporated dba St. Mary’s Montessori School (Hereinafter ”Defendant”, ”Himnel”, or ”Montessori School”) will and hereby does move the Court for a protective order related to KOOONONUI documents, records and Video recordings Which infringe upon privacy rights of the Plaintiff, the Defendant and its employee and other third party Witness without their authorization and consent. This motion for Protective Order is brought pursuant to C.C.P. § 2031.060. 11 Specifically, Himnel USA Incorporated will ask the Court that private information be 12 barred from production on the grounds that the privacy interests of some third parties 13 outweigh the relevance of its production, that items that are produced be protected from 14 disclosure t0 the public pursuant t0 C.C.P. 2031.060(b)(5) and subject t0 the [Proposed] 15 Superior Court approved standard Protective and Confidentiality provisions. 16 Specifically, Defendant moves 0n the grounds that Plaintiff requests personnel 17 files 0f third parties, names and contact information 0f all parents and guardians of 18 children enrolled in Defendant’s school, job descriptions for all Defendant’s employees, 19 Defendant’s private financial information, and surveillance Video footage including the 20 ascertainable identities of uninterested third parties. The information demanded by 21 Plaintiff is private, proprietary, and confidential information. 22 Good cause exists for the issuance of the requested relief due t0 the nature 0f the 23 information sought, and because Defendant has agreed t0 produce some 0f the 24 information subject t0 a protective order. However, after considerable meet and confer, 25 Plaintiff has refused to stipulate to any protective order, and has not proposed a less 26 restrictive alternative than the standard order issued by complex litigation departments 27 in most California Superior Courts. Further, Plaintiff will suffer n0 undue prejudice as 28 there is n0 trial date, n0 pending depositions, and the information requested is not 2 DEFENDANT HIMNEL USA’S NOTICE OF MOTION FOR PROTECTIVE ORDER HIMNEL USA INCORPORATED ADV. NORMA FRIAS; CASE NO. CIVSBZ314042