Preview
ELECTRONICALLY FILED
Michael C. Osborne (Bar No. 95839) Superior Court of California
mosborne@cokinoslaw.com County of Santa Cruz
Stevie B. Newton (Bar No. 287708) 1/2/2020 1:12 PM
snewton@cokinoslaw.com Algx Calvo, Clerk
COKINOS | YOUNG lena H Vhs
One Embarcadero Center, Suite 390
San Francisco, CA 94111
Telephone: 415-228-0208
Attorneys for Defendant
THETA CHI FRATERNITY, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CRUZ
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11 DAPHNE BELETSIS, et al., Case No. 19CV03287
12 Plaintiff,
13 v NOTICE OF ENTRY OF ORDER
14 THETA CHI FRATERNITY, INC., et al.
15 Defendant. Action Filed: October 31, 2019
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17 TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD:
18 PLEASE TAKE NOTICE that an Order on plaintiffs Daphne Beletsis, individually and as
an 19 Administrator of the estate of Alexander Beletsis and Yvonne Rainey, surviving parent of
20 Alexander Beletsis, deceased, and defendant Theta Chi Fraternity, Inc.’s Confidentiality
21 Stipulation and Protective Order was entered and filed on December 31, 2019, in the above-
22 captioned Court. A true and correct copy of the Order is attached hereto as EXHIBIT A.
23 Dated: January 2, 2020 COKINOS | YOUNG
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Michael C. Osborne
26 Stevie B. Newton
Attorneys for Defendant
27 THETA CHI FRATERNITY, INC.
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NOTICE OF ENTRY OF ORDER
EXHIBIT A
SG ELECTRONICALLY RECEIVED
12/27/2019 1:21 PM Filed
Michael C. Osborne (Bar No. 95839)
December 31, 2019
mosborne@cokinoslaw.com Alex Calvo, Clerk
Stevie B. Newton (Bar No. 287708) By Gonzalez, Sandra
snewton@cokinoslaw.com
COKINOS | YOUNG
“dei Cruz County
One Embarcadero Center, Suite 390
San Francisco, CA 94111
Telephone: 415-228-0208
Attorneys for Defendant
THETA CHI FRATERNITY, INC,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CRUZ
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MW DAPHNE BELETSIS, et al., Case No. 19CV03287
12 Plaintiff,
13 v CONFIDENTIALITY STIPULATION AND
@ROBALKED) PROTECTIVE ORDER
14 THETA CHI FRATERNITY, INC., et al.
15 Defendant.
Action Filed: October 31, 2019
16 Trial Date: None Set
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18 Plaintiffs DAPHNE BELETSIS, individually and as Administrator of the Estate of
19 ALEXANDER BELETSIS, and YVONNE RAINEY, surviving parent of ALEXANDER
20 BELETSIS, deceased (collectively, “Plaintiffs”) defendant THETA CHI FRATERNITY, INC.
21 (“Defendant”), by and through their respective counsel, as well as any other Defendants who agree
22 and stipulate to the terms of this Confidentiality Stipulation and Protective Order after it has been
23 entered by the Court (collectively, the “Parties,” and each individually, a “Party”), hereby agree
24 and stipulate to this Confidentiality Stipulation and Protective Order (“Protective Order”) as
25 follows:
26 1 The Parties acknowledge that some of the documents and other information produced
27 during discovery in this action may contain non-public confidential, privileged, and/or
28 proprietary business information whose confidentiality and privilege the Parties and/or third
CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
parties desire to and/or are required to maintain. To facilitate the fair and efficient
completion of pretrial discovery while protecting the rights of the Parties and third parties
with respect to their confidential and/or privileged materials and minimizing the need for
judicial intervention in the discovery process, Plaintiffs and Defendant have agreed to the
terms of this Protective Order.
The terms of this Protective Order apply to all documents and information produced, and
testimony given, in this case, Santa Cruz Superior Court Case Number 19CV03287.
This Protective Order may be amended pursuant to agreement of the Parties in order to
bring additional documents, information and testimony generated or given during discovery
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in this matter within the scope of this Protective Order.
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This Protective Order has no effect upon, and its scope shall not extend to, any Party’s use
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of his, her, or its own documents and information whether or not such documents or
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information have been designated as “Confidential” under this Protective Order.
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This Protective Order shall not be binding on the Court or its personnel.
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“Designating Party,” for the purposes of this Protective Order, shall mean the Party that
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designates documents as “Confidential” under this Protective Order.
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A Designating Party may designate documents, information and testimony as
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“Confidential” under this Protective Order only if the Designating Party has a reasonable,
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good faith belief that the document, information, or testimony contains or concerns non-
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public information that constitutes a trade secret and/or is protected by the right to privacy
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under California, federal law, or other applicable law.
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A Designating Party shall designate a document “Confidential” by marking each page of
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the document with a stamp stating “Confidential.”
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For information produced in some form other than documentary form, and for any other
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tangible items, including, without limitation, compact discs or DVDs, the Designating Party
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shall affix in a prominent lace on the exterior of the container or containers in which the
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information or item is stored the legend “Confidential.” If only portions of the information
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
or item warrant protection, the Designating Party, to the extent practicable, shall identify
the “Confidential” portions.
10. If, during the course of any deposition related to this litigation—including, without
limitation (a) the deposition of a Party or one of his, her, or its present or former employees,
directors, partners, members, representatives, officers, agents, or independent experts
retained by counsel for the purpose of this litigation, or (b) the deposition of any third
party—any document or information designated “Confidential” by any Party under the
terms of this Order is mentioned, referenced, discussed and/or subject to testimony, the
relevant segment of the deposition shall be designated “Confidential.” Any Party may
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exercise the “Confidential” designation with respect to any such portion of the deposition
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either by: (a) indicating on the record that the discussion and/or testimony is “Confidential”
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and subject to the terms of this Order; or (b) identifying all portions of the deposition that
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are “Confidential” by page and line number within thirty (30) days after receipt by the
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Designating Party of the transcript of such deposition testimony. From the date of the
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deposition until the expiration of the aforementioned thirty (30) day period, the entire
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deposition will be treated as subject to protection against disclosure as “Confidential.” Only
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those portions of the transcript that are appropriately designated “Confidential” on the
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record during the deposition or within thirty (30) days after receipt by the Designating Party
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shall be covered by this Order, unless otherwise agreed by the Parties or ordered by the
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Court. To the extent possible, the court reporter shall segregate into separate transcripts
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portions designated as “Confidential” and insert blank, consecutively numbered pages in
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their place in the main transcript. The separate transcript containing “Confidential”
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discussion and/or testimony shall be numbered to correspond to the blank pages in the main
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transcript.
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ll Documents and information unintentionally produced without designation as
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“Confidential” may be retroactively designated in the same manner and shall be treated
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appropriately from the date written notice of the designation is provided to the receiving
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
party.
12. The Parties agree that all documents, testimony and information designated “Confidential”
shall be used solely in connection with this litigation and for no other purpose whatsoever
and shall not be disclosed to any person or used in any manner, except in accordance with
the terms hereof.
13. Documents, testimony and information designated “Confidential” shall not be disclosed or
made available by any Party to persons other than the following persons designated as
“Qualified Persons:”
a. The parties to this litigation—Santa Cruz Superior Court Case Number
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19CV03287— including but not limited to any party’s accountant, agent, director,
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employee, manager, member, officer, or representative (all of whom are bound by
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this Protective Order);
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Attorneys for the parties to this litigation—Santa Cruz Superior Court Case Number
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19CV03287—and employees and agents of such attorneys;
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Commercial photocopying, storage, retrieval, data procession, or handling firms
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used by any Party to this Protective order, or counsel for such firms;
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Persons who have been designated as expert witnesses for the purpose of testifying
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or consulting in this litigation as defined by C.C.P. § 2034.210 ef seq.;
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Deposition reporters and their support personnel for purposes of preparing
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deposition transcripts;
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Any person whom any Party’s counsel believes in good faith may be called to give
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testimony in this action on matters relating to the documents marked “Confidential”
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and/or the information contained therein;
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Any witness or deponent during the course of his, her, or its deposition or
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examination in the above-referenced matter;
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Any non-party to whom documents marked “Confidential” are produced pursuant
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to a subpoena, court order, and/or other legal process in accordance with paragraph
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
18 of this Protective Order;
Any other person as may be agreed in writing by the Designating Parties provided
that written agreement is served on all counsel of record;
The Court;
Third-party neutrals hired by the parties to this litigation—Santa Cruz Superior
Court Case Number 19CV03287—10 facilitate settlement;
L Any other person designated as a Qualified Person by Order of this Court.
14. If, at any time during the course of this litigation, a Designating Party produces or gives any
document, information, or testimony, that any other party to this litigation—Santa Cruz
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Superior Court Case Number 19CV03287—teasonably believes should be designated
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“Confidential” as described herein, that other Party may designate said document, testimony
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or information as “Confidential” pursuant to the terms of this Protective Order.
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15. Nothing herein shall prevent disclosure beyond the terms of this Order if the Parties consent
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to such disclosure, or if the Court orders such disclosure.
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16. Nothing herein shall prevent any Party or third-party from seeking additional protection
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with respect to any document, testimony or information.
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17. A Party shall not be obligated to challenge the propriety of a designation as “Confidential”
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or “Qualified Person” at the time made, and a failure to do so shall not preclude a subsequent
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challenge thereto. In the event that counsel for a Party receiving documents, testimony or
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information in discovery designated as “Confidential” objects to such designation with
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respect to any or all of such items, said counsel shall advise counsel for the Designating
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Party, in writing, of such objections, the specific documents, testimony, or information to
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which each objection pertains, and the specific reasons and support for such objections (the
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“Designation Objections”). Counsel for the Designating Party shall have thirty (30) days
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from receipt of the written Designation Objections to either (a) agree in writing to de-
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designate documents, testimony or information pursuant to any or all of the Designation
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Objections and/or (b) file a motion with the Court seeking to uphold any or all designations
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
on documents, testimony or information addressed by the Designation Objections (the
“Designation Motion”). Pending a resolution of the Designation Motion by the Court, any
and all existing designations on the documents, testimony or information at issue in such
Designation Motion shall remain in place. The Designating Party shall have the burden on
any Designation Motion of establishing the applicability of its “Confidential” designation.
In the event that the Designation Objections are neither timely agreed to nor timely
addressed in the Designation Motion, then such dacuments, testimony or information shall
be de-designated in accordance with the Designation Objection applicable to such material.
18, In the event that any Party wishes to submit any document, information or testimony
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designated “Confidential” in connection with any affidavit, brief, memorandum of law or
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other paper filed with the Court in this litigation, that Party must lodge and file the
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“Confidential” document, information or testimony in accordance with the California Rules
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of Court relating to submission of documents under seal. A Party desiring to seal relevant
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“Confidential” documents, information or testimony shall be obligated to file a motion or
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application to seal in accordance with Rule 2.551 of the California Rules of Court.
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19, Within thirty (30) days after the termination and/or settlement of this litigation, all
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“Confidential” documents and information, and all copies thereof, shall be returned to the
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producing party or destroyed, provided that, for each Party, counsel may retain copies of
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“Confidential” documents and information as necessary to maintain appropriate working
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files for this litigation. This Protective Order shall survive the final termination of this
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litigation with respect to any such retained “Confidential” documents and information.
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20. If a Party receives a subpoena or other compulsory process commanding the production of
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any “Confidential” document or information, that Party shall promptly notify the producing
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party to this litigation—Santa Cruz Superior Court Case Number 19CV03287—or third
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party. The Party receiving the subpoena or compulsory process shall not produce any such
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materials in response to the subpoena without the prior written consent of the producing
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party to this litigation or third party, except as ordered by a court of competent jurisdiction.
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER.
The Party receiving the subpoena or other compulsory process shall not object to the
producing party or third party having a reasonable opportunity to appear in the litigation
and to seek appropriate relief.
21 Nothing contained in this Order constitutes an admission or waiver of any claim or defense
by any Party, and nothing contained herein shall affect the right of any Party to make any
objection, claim any privilege, contest any discovery request or any Party’s response to a
discovery request, or to seek any relief or protective order from the Court.
22 Any Party to this action who has not executed this Protective Order as of the time it is
presented to the Court for consideration and entry may thereafter become a Party to this
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Protective Order by its counsel signing and dating a copy thereof and filing the same with
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the Court, and serving copies of such signed and dated copy upon the other Parties to this
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Protective Order.
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23. The Parties agree that this Protective Order complies with the privacy rules under HIPAA,
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see 45 CFR § 164.512(e), and the Federal Educational Rights and Privacy Act, see 20
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U.S.C. § 1232g. Specifically, the Parties agree, and the Court so Orders, that the Parties
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and a non-Party witness may produce and disclose protected health information and
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unredacted educational records in response to a subpoena, discovery request, or other
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lawful process, and that such protected health information and unredacted educational
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records shall be kept confidential pursuant to the terms of this Protective Order. The
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Parties agree that they are prohibited from using or disclosing any protected health
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information or unredacted educational records produced or disclosed herein for any
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purpose other than this litigation. In addition, the Parties also agree that, at the conclusion
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of this litigation, any protected health information or unredacted educational records
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produced or disclosed, shall either be returned to the person or persons who produced it or
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destroyed by the Parties.
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This Confidentiality Stipulation and (Proposed) Protective Order may be executed in subparts.
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
IT IS SO STIPULATED.
Dated:Muwehe lor THE FIERBERG NATIONAL LAW
GROUP, PLLC
Z) 1—
ouglas E. Fierberg
Jonathon N, Fazzola
Lisa N. Cloutier
Attorneys for Plaintiffs
DAPHNE BELETSIS, Individually and a
Administrator of the Estate of Alexandey
10 Beletsis, and YVONNE RAINEY, Surviving
Parent of Alexander Beletsis, Deceased
IL
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Dated: November 26, 2019 SAWYER & LABAR LLP
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15 I abar
Attorneys fo: laintiffs
16 DAPHNE BELETSIS, Individually and ag
Administrator of the Estate of Alexandey
17 Beletsis, and YVONNE RAINEY, Surviving
Parent of Alexander Beletsis, Deceased
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20 Dated: \|[2b_ ,2019 COKINOS | YOUNG
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Micll fuel C. Osborne
23 Stevie B. Newton
Attorneys for Defendant
24 THETA CHI FRATERNITY, INC.
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
ORDER
GOOD CAUSE APPEARING, the Court hereby approves this Confidentiality Stipulation
and Protective Order.
IT IS SO ORDERED,
Dated: Signed: 12/31/2019 03:10 PM
Ge atlagher
THE HONORABLE JOHN GALLAGHER
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
PROOF OF SERVICE
Beletsis v. Theta Chi Fraternity, Inc., et al.
Santa Cruz County Superior Court Action No. 19CV03287
I declare that I am over the age of eighteen years and not a party to this action or
proceeding. My business address is One Embarcadero Center, Ste. 390, San Francisco, CA
94111. On the below date, I caused the following document(s) to be served:
NOTICE OF ENTRY OF ORDER RE: CONFIDENTIALITY STIPULATION AND
PROTECTIVE ORDER
[x] by placing a true copy of the document(s) listed above, enclosed in a sealed envelope,
addressed as set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business practices. I am readily familiar
with this business’ practice for collection and processing of correspondence for
10 mailing with the United States Postal Service. On the same day that a sealed envelope
is placed for collection and mailing, it is deposited in the ordinary course of business
11 with the United States Postal Service with postage fully prepaid.
12 by having personal delivery by Express Network of a true copy of the document(s)
listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set
13 forth below.
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See Attached Service List
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I declare under penalty of perjury that the foregoing is true and correct. Executed on
16 January 2, 2020 at San Francisco, California.
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19 Amanda £7 Sanchez
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PROOF OF SERVICE
SERVICE LIST
Douglas E. Fierberg Attorneys for PLAINTIFFS
Jonathon N. Fazzola DAPHNE BELETSIS and YVONNE RAINEY
The Fierberg Nation Law Group, PLLC
161 East Front Steet, Suite 200 Tel: (202) 351-0510
Traverse City, MI 49684 Fax: (231) 252-8100
dfierberg@tfnlgroup.com,
jfazzola@tfnlgroup.com,
Icloutier@tfnlgroup.com
Ivo Labar Attorneys for PLAINTIFFS
Sawyer & Labar, LLP DAPHNE BELETSIS and YVONNE RAINEY
201 Mission Street, Suite 2240
Tel: (415) 262-3820
San Francisco, CA 94105
10 labar@sawyerlabar.com
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SERVICE LIST