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1 TERESA LI (SBN 278779)
LAW OFFICES OF TERESA LI, PC
2 Mailing Address:
548 Market St.
3 PMB 24496
San Francisco, California 94104-5401
4 Physical Address:
2542 S. Bascom Avenue, Ste. 250
5 Campbell, CA 95008
Telephone: (415) 423-3377
6 Facsimile: (888) 646-5493 10/25/2023
Email: teresa@lawofficesofteresali.com
7
Attorneys for Plaintiffs
8 FRANKCO LEE AND CHING LEE
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10
SUPERIOR COURT - STATE OF CALIFORNIA
11
COUNTY OF SAN MATEO - UNLIMITED JURISDICTION
12
13 FRANKCO LEE and CHING LEE, ) Case No. 22-CIV-05292
)
14 Plaintiffs, ) STIPULATION ALLOWING
) PLAINTIFF’S COUNSEL “FIRST LOOK”
15 v. ) AT SUBPOENAED MEDICAL RECORDS
)
16 MILWAUKEE ELECTRIC TOOL )
CORPORATION and ADAM TAYLOR )
17 KERREL aka ADAM KERZEL, and DOES ) Complaint Filed: 12/16/2022
1 – 15, )
18 )
Defendants. )
19 _____________________________________)
20 THE PARTIES HERETO STIPULATE AS FOLLOWS:
21 1. Defendants MILWAUKEE ELECTRIC TOOL CORPORATION and ADAM TAYLOR
22 KERREL aka ADAM KERZEL (“Defendants”) have, in the course of discovery, subpoenaed
23 certain records of certain plaintiff, true and correct copies of which subpoena are attached hereto
24 as Exhibit “A” (hereafter, “the records”).
25 2. TERESA LI (“plaintiff’s counsel”) has requested the right to have a “first look” at
26 the records, prior to receipt or review by GORDON REES SCULLY MANSUKHANI, LLP
27 (“defense counsel”) in order to consider redactions of matters Plaintiff’s counsel may conclude
28
2023-08-03 - Proposed Stip re First Look.docx 1
STIPULATION ALLOWING PLAINTIFF’S COUNSEL “FIRST LOOK” AT SUBPOENAED MEDICAL
RECORDS
1 should not be disclosed to Defendants in this litigation.
2 3. The parties hereby agree that Plaintiff’s counsel shall have this first right of review
3 subject to the following terms and conditions:
4 (A) Defense counsel shall direct their service provider Ontellus to produce all of the
5 requested records to Plaintiff’s counsel without any copies thereof being sent to Defendants. This
6 procedure will be described herein as Plaintiff’s “First Look.”
7 (B) Defense counsel shall request that Ontellus affix bates numbers or provide similar
8 sequential numbering for all such records obtained and produced by Ontellus.
9 (C) In reliance on this stipulation, on August 24, 2023, Defense counsel advised
10 Plaintiff’s counsel that Defendants made the following written request to Ontellus:
11 “Important: We are allowing plaintiff's counsel a "first look" at these
12 records to allow him to consider redactions. Do not send them to us, the
13 subpoenaing party. Rather send them to Teresa Li, 548 Market Street, PMB
14 24496, San Francisco, CA 94104-5401, (415) 423-3377,
15 teresa@lawofficesofteresali.com . Please also bates number the responses. We have
16 agreed to limit the production of records dated no earlier than April 15, 2016.”
17 (D) If, through mistake or inadvertence, the subpoenaed records are delivered to
18 defense counsel, defense counsel will, without any review or retention of the records, promptly
19 forward them to Plaintiff’s counsel.
20 (E) Upon physical or electronic receipt of the records, Plaintiff’s counsel shall have
21 twenty (20) calendar days to review and consider whether redactions therefrom are appropriate.
22 (F) At the conclusion of the twenty (20) day period, Plaintiff’s counsel shall deliver
23 to defense counsel the redacted records. Plaintiff’s counsel shall also, at the time of delivery of
24 the redacted records, provide to defense counsel a privilege log of redacted material.
25 (G) The privilege log shall be in writing, shall clearly identify the subject matter, date,
26 and source of the redacted material with particularity, setting forth the page number, and shall
27 clearly identify the extent of, and the specific ground for, any objection to disclosure. If an
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2023-08-03 - Proposed Stip re First Look.docx 2
STIPULATION ALLOWING PLAINTIFF’S COUNSEL “FIRST LOOK” AT SUBPOENAED MEDICAL
RECORDS
1 objection is based on a claim of privilege, the particular privilege invoked shall be stated.
2 (H) Upon receipt of the redacted documents and privilege log, defense counsel shall
3 have ten (10) days to review the same. Following that ten (10) day period, defense counsel may
4 initiate appropriate efforts to meet and confer with Plaintiff’s counsel in a good faith effort to
5 informally resolve any disputes. The parties may accomplish meet and confer efforts by email,
6 telephone, written communication, or any combination thereof.
7 (I) If defense counsel concludes that the meet and confer efforts have failed,
8 Defendant shall have an additional ten (10) days to file a motion in the Superior Court to compel
9 production of any redacted material set forth in the privilege log. Defendant shall, at the hearing
10 of such a motion, be entitled to in camera review of the material redacted in the records by either
11 a judge of the Superior Court or a discovery facilitator, whose recommendations shall be
12 reviewed by the Court. Plaintiff shall within five (5) days of any hearing wherein the Court
13 orders disclosure of redacted material, provide to defense counsel redacted material that is
14 ordered to be disclosed.
15
16 Dated: August 24, 2023 LAW OFFICES OF TERESA LI, PC
17
18 By ____________________________________
TERESA LI
19 Attorneys for Plaintiffs
FRANKCO LEE AND CHING LEE
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Dated: August 24, 2023 GORDON REES SCULLY MANSUKHANI,
21
LLP
22
23
By ____________________________________
24 BRETT T. MORONEY
MELISSA FAIRBROTHER
25 Attorneys for Defendants
MILWAUKEE ELECTRIC TOOL
26 CORPORATION’ ADAM TAYLOR
KERREL, AKA, ADAM KERZEL
27
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2023-08-03 - Proposed Stip re First Look.docx 3
STIPULATION ALLOWING PLAINTIFF’S COUNSEL “FIRST LOOK” AT SUBPOENAED MEDICAL
RECORDS
Lee v. Milwaukee Electric Tool Corporation
San Mateo County Superior Court Case No. 22-CIV-05292
Our File No. 00167-Lee
1 AFFIDAVIT OF SERVICE
2
STATE OF CALIFORNIA, CITY OF CAMPBELL, COUNTY OF SANTA CLARA
3
I, Teresa Li, declare:
4
I am a citizen of the United States, over 18 years of age and not a party to the within
5 action. I am employed in the City of Campbell, County of Santa Clara; my business address is
2542 S. Bascom Avenue, Suite 250, Campbell, CA 95008.
6
On August 25, 2023, I served the attached and/or enclosed:
7
STIPULATION ALLOWING PLAINTIFF’S COUNSEL “FIRST LOOK” AT
8
SUBPOENAED MEDICAL RECORDS on all parties in this action, at the following
9
address(es): Brett T. Moroney (SBN 199795)
10 Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
11 San Francisco, CA 9411
Email: bmoroney@grsm.com
12 jpadilla@grsm.com
Attorney for Defendants
13 Milwaukee Electric Tool Corporation and Adam Taylor Kerrel, aka Adam Kerzel
14
Service was accomplished by causing either an original or a true copy of the above-
15 referenced document(s) to be distributed as follows:
16 BY MAIL: I caused such document(s) to be placed in a sealed envelope, addressed as
indicated above, with prepaid first-class postage thereon, and then placed the envelope(s) for
17 collection and mailing, in accordance with the firm’s ordinary business practice. I am readily
familiar with the firm's ordinary business practice for collection and processing of
18 correspondence for mailing with the United States Postal Service. Under that practice
correspondence for mailing is deposited with United States Postal Service on the date indicated
19 for service, with prepaid first-class postage thereon.
20 BY EMAIL: I caused such documents to be transmitted via email to the parties indicated
above, at their respective email addresses.
21
BY HAND DELIVERY: I caused such documents to be hand delivered to the addresses
22 indicated above.
23 VIA FACSIMILE: I caused such documents to be transmitted via facsimile to the parties
indicated above, at their respective facsimile numbers.
24
VIA EXPRESS CARRIER: I caused such documents to be collected by an agent for the
25 United States Postal Service, United Parcel Service, Federal Express or other overnight carrier,
to be delivered by way of overnight mail to the addresses indicated above.
26
BY E-SERVICE: I caused such documents to be transmitted via email through the One
27 Legal website as part of the e-filing process, to the parties indicated above, at their respective
email addresses.
28
POS.docx 1
Proof of Service
Lee v. Milwaukee Electric Tool Corporation
San Mateo County Superior Court Case No. 22-CIV-05292
Our File No. 00167-Lee
I declare under penalty of perjury under the laws of the State of California, that the
1 foregoing is true and correct.
2
Executed on August 25, 2023, at Campbell, California.
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4 _______________________________
Teresa Li
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POS.docx 2
Proof of Service
Preview
1 TERESA LI (SBN 278779) LAW OFFICES OF TERESA LI, PC 2 Mailing Address: 548 Market St. 3 PMB 24496 San Francisco, California 94104-5401 4 Physical Address: 2542 S. Bascom Avenue, Ste. 250 5 Campbell, CA 95008 Telephone: (415) 423-3377 6 Facsimile: (888) 646-5493 10/25/2023 Email: teresa@lawofficesofteresali.com 7 Attorneys for Plaintiffs 8 FRANKCO LEE AND CHING LEE 9 10 SUPERIOR COURT - STATE OF CALIFORNIA 11 COUNTY OF SAN MATEO - UNLIMITED JURISDICTION 12 13 FRANKCO LEE and CHING LEE, ) Case No. 22-CIV-05292 ) 14 Plaintiffs, ) STIPULATION ALLOWING ) PLAINTIFF’S COUNSEL “FIRST LOOK” 15 v. ) AT SUBPOENAED MEDICAL RECORDS ) 16 MILWAUKEE ELECTRIC TOOL ) CORPORATION and ADAM TAYLOR ) 17 KERREL aka ADAM KERZEL, and DOES ) Complaint Filed: 12/16/2022 1 – 15, ) 18 ) Defendants. ) 19 _____________________________________) 20 THE PARTIES HERETO STIPULATE AS FOLLOWS: 21 1. Defendants MILWAUKEE ELECTRIC TOOL CORPORATION and ADAM TAYLOR 22 KERREL aka ADAM KERZEL (“Defendants”) have, in the course of discovery, subpoenaed 23 certain records of certain plaintiff, true and correct copies of which subpoena are attached hereto 24 as Exhibit “A” (hereafter, “the records”). 25 2. TERESA LI (“plaintiff’s counsel”) has requested the right to have a “first look” at 26 the records, prior to receipt or review by GORDON REES SCULLY MANSUKHANI, LLP 27 (“defense counsel”) in order to consider redactions of matters Plaintiff’s counsel may conclude 28 2023-08-03 - Proposed Stip re First Look.docx 1 STIPULATION ALLOWING PLAINTIFF’S COUNSEL “FIRST LOOK” AT SUBPOENAED MEDICAL RECORDS 1 should not be disclosed to Defendants in this litigation. 2 3. The parties hereby agree that Plaintiff’s counsel shall have this first right of review 3 subject to the following terms and conditions: 4 (A) Defense counsel shall direct their service provider Ontellus to produce all of the 5 requested records to Plaintiff’s counsel without any copies thereof being sent to Defendants. This 6 procedure will be described herein as Plaintiff’s “First Look.” 7 (B) Defense counsel shall request that Ontellus affix bates numbers or provide similar 8 sequential numbering for all such records obtained and produced by Ontellus. 9 (C) In reliance on this stipulation, on August 24, 2023, Defense counsel advised 10 Plaintiff’s counsel that Defendants made the following written request to Ontellus: 11 “Important: We are allowing plaintiff's counsel a "first look" at these 12 records to allow him to consider redactions. Do not send them to us, the 13 subpoenaing party. Rather send them to Teresa Li, 548 Market Street, PMB 14 24496, San Francisco, CA 94104-5401, (415) 423-3377, 15 teresa@lawofficesofteresali.com . Please also bates number the responses. We have 16 agreed to limit the production of records dated no earlier than April 15, 2016.” 17 (D) If, through mistake or inadvertence, the subpoenaed records are delivered to 18 defense counsel, defense counsel will, without any review or retention of the records, promptly 19 forward them to Plaintiff’s counsel. 20 (E) Upon physical or electronic receipt of the records, Plaintiff’s counsel shall have 21 twenty (20) calendar days to review and consider whether redactions therefrom are appropriate. 22 (F) At the conclusion of the twenty (20) day period, Plaintiff’s counsel shall deliver 23 to defense counsel the redacted records. Plaintiff’s counsel shall also, at the time of delivery of 24 the redacted records, provide to defense counsel a privilege log of redacted material. 25 (G) The privilege log shall be in writing, shall clearly identify the subject matter, date, 26 and source of the redacted material with particularity, setting forth the page number, and shall 27 clearly identify the extent of, and the specific ground for, any objection to disclosure. If an 28 2023-08-03 - Proposed Stip re First Look.docx 2 STIPULATION ALLOWING PLAINTIFF’S COUNSEL “FIRST LOOK” AT SUBPOENAED MEDICAL RECORDS 1 objection is based on a claim of privilege, the particular privilege invoked shall be stated. 2 (H) Upon receipt of the redacted documents and privilege log, defense counsel shall 3 have ten (10) days to review the same. Following that ten (10) day period, defense counsel may 4 initiate appropriate efforts to meet and confer with Plaintiff’s counsel in a good faith effort to 5 informally resolve any disputes. The parties may accomplish meet and confer efforts by email, 6 telephone, written communication, or any combination thereof. 7 (I) If defense counsel concludes that the meet and confer efforts have failed, 8 Defendant shall have an additional ten (10) days to file a motion in the Superior Court to compel 9 production of any redacted material set forth in the privilege log. Defendant shall, at the hearing 10 of such a motion, be entitled to in camera review of the material redacted in the records by either 11 a judge of the Superior Court or a discovery facilitator, whose recommendations shall be 12 reviewed by the Court. Plaintiff shall within five (5) days of any hearing wherein the Court 13 orders disclosure of redacted material, provide to defense counsel redacted material that is 14 ordered to be disclosed. 15 16 Dated: August 24, 2023 LAW OFFICES OF TERESA LI, PC 17 18 By ____________________________________ TERESA LI 19 Attorneys for Plaintiffs FRANKCO LEE AND CHING LEE 20 Dated: August 24, 2023 GORDON REES SCULLY MANSUKHANI, 21 LLP 22 23 By ____________________________________ 24 BRETT T. MORONEY MELISSA FAIRBROTHER 25 Attorneys for Defendants MILWAUKEE ELECTRIC TOOL 26 CORPORATION’ ADAM TAYLOR KERREL, AKA, ADAM KERZEL 27 28 2023-08-03 - Proposed Stip re First Look.docx 3 STIPULATION ALLOWING PLAINTIFF’S COUNSEL “FIRST LOOK” AT SUBPOENAED MEDICAL RECORDS Lee v. Milwaukee Electric Tool Corporation San Mateo County Superior Court Case No. 22-CIV-05292 Our File No. 00167-Lee 1 AFFIDAVIT OF SERVICE 2 STATE OF CALIFORNIA, CITY OF CAMPBELL, COUNTY OF SANTA CLARA 3 I, Teresa Li, declare: 4 I am a citizen of the United States, over 18 years of age and not a party to the within 5 action. I am employed in the City of Campbell, County of Santa Clara; my business address is 2542 S. Bascom Avenue, Suite 250, Campbell, CA 95008. 6 On August 25, 2023, I served the attached and/or enclosed: 7 STIPULATION ALLOWING PLAINTIFF’S COUNSEL “FIRST LOOK” AT 8 SUBPOENAED MEDICAL RECORDS on all parties in this action, at the following 9 address(es): Brett T. Moroney (SBN 199795) 10 Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 11 San Francisco, CA 9411 Email: bmoroney@grsm.com 12 jpadilla@grsm.com Attorney for Defendants 13 Milwaukee Electric Tool Corporation and Adam Taylor Kerrel, aka Adam Kerzel 14 Service was accomplished by causing either an original or a true copy of the above- 15 referenced document(s) to be distributed as follows: 16 BY MAIL: I caused such document(s) to be placed in a sealed envelope, addressed as indicated above, with prepaid first-class postage thereon, and then placed the envelope(s) for 17 collection and mailing, in accordance with the firm’s ordinary business practice. I am readily familiar with the firm's ordinary business practice for collection and processing of 18 correspondence for mailing with the United States Postal Service. Under that practice correspondence for mailing is deposited with United States Postal Service on the date indicated 19 for service, with prepaid first-class postage thereon. 20 BY EMAIL: I caused such documents to be transmitted via email to the parties indicated above, at their respective email addresses. 21 BY HAND DELIVERY: I caused such documents to be hand delivered to the addresses 22 indicated above. 23 VIA FACSIMILE: I caused such documents to be transmitted via facsimile to the parties indicated above, at their respective facsimile numbers. 24 VIA EXPRESS CARRIER: I caused such documents to be collected by an agent for the 25 United States Postal Service, United Parcel Service, Federal Express or other overnight carrier, to be delivered by way of overnight mail to the addresses indicated above. 26 BY E-SERVICE: I caused such documents to be transmitted via email through the One 27 Legal website as part of the e-filing process, to the parties indicated above, at their respective email addresses. 28 POS.docx 1 Proof of Service Lee v. Milwaukee Electric Tool Corporation San Mateo County Superior Court Case No. 22-CIV-05292 Our File No. 00167-Lee I declare under penalty of perjury under the laws of the State of California, that the 1 foregoing is true and correct. 2 Executed on August 25, 2023, at Campbell, California. 3 4 _______________________________ Teresa Li 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 POS.docx 2 Proof of Service