Preview
ELECTRONICALLY RECEIVED
9/2/2020 9:28 AM Electronically Filed
Superior Court of California
1 Michael C. Osborne (Bar No. 95839) County of Santa Cruz
mosborne@cokinoslaw.com
2 Stevie B. Newton (Bar No. 287708) September 11, 2020
snewton@cokinoslaw.com Alex Calvo, Clerk
3 COKINOS | YOUNG By Deputy, Salsedo, Declan
One Embarcadero Center, Suite 390 Signed: 9/11/2020 08:47 AM
4 San Francisco, CA 94111
Telephone: 415-228-0208
5
Attorneys for Defendant
6 THETA CHI FRATERNITY, INC.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, et al., Case No. 19CV03287
12 Plaintiff,
13 v. CONFIDENTIALITY STIPULATION AND
(PROPOSED) PROTECTIVE ORDER
14 THETA CHI FRATERNITY, INC., et al.
15 Defendant.
Action Filed: October 31, 2019
16 Trial Date: None Set
17
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
1
parties desire to and/or are required to maintain. To facilitate the fair and efficient
2
completion of pretrial discovery while protecting the rights of the Parties and third parties
3
with respect to their confidential and/or privileged materials and minimizing the need for
4
judicial intervention in the discovery process, Plaintiffs and Defendant have agreed to the
5
terms of this Protective Order.
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2. The terms of this Protective Order apply to all documents and information produced, and
7
testimony given, in this case, Santa Cruz Superior Court Case Number 19CV03287.
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3. This Protective Order may be amended pursuant to agreement of the Parties in order to
9
bring additional documents, information and testimony generated or given during discovery
10
in this matter within the scope of this Protective Order.
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4. 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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5. This Protective Order shall not be binding on the Court or its personnel.
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6. “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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7. 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-
20
public information that constitutes a trade secret and/or is protected by the right to privacy
21
under California, federal law, or other applicable law.
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8. A Designating Party shall designate a document “Confidential” by marking each page of
23
the document with a stamp stating “Confidential.”
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9. 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
26
shall affix in a prominent lace on the exterior of the container or containers in which the
27
information or item is stored the legend “Confidential.” If only portions of the information
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
1
or item warrant protection, the Designating Party, to the extent practicable, shall identify
2
the “Confidential” portions.
3
10. If, during the course of any deposition related to this litigation—including, without
4
limitation (a) the deposition of a Party or one of his, her, or its present or former employees,
5
directors, partners, members, representatives, officers, agents, or independent experts
6
retained by counsel for the purpose of this litigation, or (b) the deposition of any third
7
party—any document or information designated “Confidential” by any Party under the
8
terms of this Order is mentioned, referenced, discussed and/or subject to testimony, the
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relevant segment of the deposition shall be designated “Confidential.” Any Party may
10
exercise the “Confidential” designation with respect to any such portion of the deposition
11
either by: (a) indicating on the record that the discussion and/or testimony is “Confidential”
12
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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11. 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
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party.
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12. The Parties agree that all documents, testimony and information designated “Confidential”
3
shall be used solely in connection with this litigation and for no other purpose whatsoever
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and shall not be disclosed to any person or used in any manner, except in accordance with
5
the terms hereof.
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13. Documents, testimony and information designated “Confidential” shall not be disclosed or
7
made available by any Party to persons other than the following persons designated as
8
“Qualified Persons:”
9
a. The parties to this litigation—Santa Cruz Superior Court Case Number
10
19CV03287—including but not limited to any party’s accountant, agent, director,
11
employee, manager, member, officer, or representative (all of whom are bound by
12
this Protective Order);
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b. Attorneys for the parties to this litigation—Santa Cruz Superior Court Case Number
14
19CV03287—and employees and agents of such attorneys;
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c. 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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d. Persons who have been designated as expert witnesses for the purpose of testifying
18
or consulting in this litigation as defined by C.C.P. § 2034.210 et seq.;
19
e. Deposition reporters and their support personnel for purposes of preparing
20
deposition transcripts;
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f. Any person whom any Party’s counsel believes in good faith may be called to give
22
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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g. Any witness or deponent during the course of his, her, or its deposition or
25
examination in the above-referenced matter;
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h. Any non-party to whom documents marked “Confidential” are produced pursuant
27
to a subpoena, court order, and/or other legal process in accordance with paragraph
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
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18 of this Protective Order;
2
i. Any other person as may be agreed in writing by the Designating Parties provided
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that written agreement is served on all counsel of record;
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j. The Court;
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k. Third-party neutrals hired by the parties to this litigation—Santa Cruz Superior
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Court Case Number 19CV03287—to facilitate settlement;
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l. Any other person designated as a Qualified Person by Order of this Court.
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14. If, at any time during the course of this litigation, a Designating Party produces or gives any
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document, information, or testimony, that any other party to this litigation—Santa Cruz
10
Superior Court Case Number 19CV03287—reasonably believes should be designated
11
“Confidential” as described herein, that other Party may designate said document, testimony
12
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
14
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”
18
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
23
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-
26
designate documents, testimony or information pursuant to any or all of the Designation
27
Objections and/or (b) file a motion with the Court seeking to uphold any or all designations
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5
CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
1
on documents, testimony or information addressed by the Designation Objections (the
2
“Designation Motion”). Pending a resolution of the Designation Motion by the Court, any
3
and all existing designations on the documents, testimony or information at issue in such
4
Designation Motion shall remain in place. The Designating Party shall have the burden on
5
any Designation Motion of establishing the applicability of its “Confidential” designation.
6
In the event that the Designation Objections are neither timely agreed to nor timely
7
addressed in the Designation Motion, then such documents, testimony or information shall
8
be de-designated in accordance with the Designation Objection applicable to such material.
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18. In the event that any Party wishes to submit any document, information or testimony
10
designated “Confidential” in connection with any affidavit, brief, memorandum of law or
11
other paper filed with the Court in this litigation, that Party must lodge and file the
12
“Confidential” document, information or testimony in accordance with the California Rules
13
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
17
“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
19
“Confidential” documents and information as necessary to maintain appropriate working
20
files for this litigation. This Protective Order shall survive the final termination of this
21
litigation with respect to any such retained “Confidential” documents and information.
22
20. If a Party receives a subpoena or other compulsory process commanding the production of
23
any “Confidential” document or information, that Party shall promptly notify the producing
24
party to this litigation—Santa Cruz Superior Court Case Number 19CV03287—or third
25
party. The Party receiving the subpoena or compulsory process shall not produce any such
26
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
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The Party receiving the subpoena or other compulsory process shall not object to the
2
producing party or third party having a reasonable opportunity to appear in the litigation
3
and to seek appropriate relief.
4
21. Nothing contained in this Order constitutes an admission or waiver of any claim or defense
5
by any Party, and nothing contained herein shall affect the right of any Party to make any
6
objection, claim any privilege, contest any discovery request or any Party’s response to a
7
discovery request, or to seek any relief or protective order from the Court.
8
22. Any Party to this action who has not executed this Protective Order as of the time itis
9
presented to the Court for consideration and entry may thereafter become a Party to this
10
Protective Order by its counsel signing and dating a copy thereof and filing the same with
11
the Court, and serving copies of such signed and dated copy upon the other Parties to this
12
Protective Order.
13
23. The Parties agree that this Protective Order complies with the privacy rules under HIPAA,
14
see 45 CFR § 164.512(e), and the Federal Educational Rights and Privacy Act, see 20
15
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
17
unredacted educational records in response to a subpoena, discovery request, or other
18
lawful process, and that such protected health information and unredacted educational
19
records shall be kept confidential pursuant to the terms of this Protective Order. The
20
Parties agree that they are prohibited from using or disclosing any protected health
21
information or unredacted educational records produced or disclosed herein for any
22
purpose other than this litigation. In addition, the Parties also agree that, at the conclusion
23
of this litigation, any protected health information or unredacted educational records
24
produced or disclosed, shall either be returned to the person or persons who produced it or
25
destroyed by the Parties.
26
This Confidentiality Stipulation and (Proposed) Protective Order may be executed in subparts.
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
1
IT IS SO STIPULATED.
2
3
4 Dated: ___________, 2019 THE FIERBERG NATIONAL LAW
GROUP, PLLC
5
6
7 Douglas E. Fierberg
Jonathon N. Fazzola
8 Lisa N. Cloutier
Attorneys for Plaintiffs
9 DAPHNE BELETSIS, Individually and as
Administrator of the Estate of Alexander
10 Beletsis, and YVONNE RAINEY, Surviving
Parent of Alexander Beletsis, Deceased
11
12
Dated: ___________, 2019 SAWYER & LABAR LLP
13
14
15 Ivo Labar
Attorneys for Plaintiffs
16 DAPHNE BELETSIS, Individually and as
Administrator of the Estate of Alexander
17 Beletsis, and YVONNE RAINEY, Surviving
Parent of Alexander Beletsis, Deceased
18
19
20 Dated: August 27, 2020
21
AndrewLauderdale____________
22 _____
Andrew Lauderdale
23 Attorney for Defendant Quinn McLaughlin
24
25
26
27
ORDER
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
1 GOOD CAUSE APPEARING, the Court hereby approves this Confidentiality Stipulation
2 and Protective Order.
3 Signed: 9/10/2020 10:33 AM
4 IT IS SO ORDERED.
5
September 10, 2020
Dated: ____________________ ___________________________________
6
THE HONORABLE JOHN GALLAGHER
7 Connolly, Rebecca
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CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER
1 Re: Beletsis v. Theta Chi Fraternity, et al.
Case Number: 19CV03287
2
3 PROOF OF SERVICE
Code of Civil Procedure §§ 1013a, 2015.5
4
I am a resident of the State of California and over the age of eighteen years, and not a party to the
5 within action. My business address is 1 Almaden Boulevard, Suite 400, San Jose, CA 95113. On
September 2, 2020, I served the following document(s):
6
7 CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE
ORDER
8 By placing the document(s) listed above in a sealed envelope, addressed as set forth
below, and placing the envelope for collection and mailing in the place designated for
9
such in our offices, following ordinary business practices.
10 By electronically serving the document(s) described above via a Court approved File
& Serve vendor on those recipients designated on the Transaction Receipt located on
11 the vendor’s Website.
By electronically serving the document(s) to the electronic mail address set forth
12 below on this date before 11:59 p.m. pursuant to California Judicial Council’s
Emergency Rule 12 and consistent with Code of Civil Procedure section 1010.6(a)(2),
13
X (4) and (5).
14
SEE ATTACHED dfierberg@tfnlgroup.com; labar@sawyerlabar.com;
15 SERVICE LIST mosborne@cokinoslaw.com; mchilds@yokasmith.com;
lim@darlaw.com; ctark@to2law.com;
16
rmackey@veatchfirm.com; mjaime@mathenysears.com
17
I am readily familiar with the firm’s practice of collection and processing correspondence for
mailing with the United States Postal Service. Under that practice, it would be deposited with U.S.
18 Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I
am aware that on motion of the party served, service is presumed invalid if postal cancellation date or
19 postage meter date is more than one day after date of deposit for mailing in affidavit.
20
I declare under penalty of perjury under the laws of the State of California that the above is true
21 and correct.
22 Executed on September 2, 2020, at San Jose, California.
23
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25 TIMOTHY C. FEENEY
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1 Re: Beletsis v. Theta Chi Fraternity, et al.
Case Number: 19CV03287
2
SERVICE LIST
3
Douglas E. Fierberg, Esq. Chris Tarkington, Esq.
4
Fierberg National Law Group Tarkington, O'Neill, Barrack & Chong - SR
161 East Front Street, Ste. 200 100 Stony Point Road, Suite 270
5 Traverse City, MI 49684 Santa Rosa, CA 95401
Attorney for Plaintiff, Daphne Beletsis and Attorney for Defendant, Najpreet Kahlon
6 Yvonne Rainey Phone: (707) 576-1380
Phone: (202) 351-0510 ctark@to2law.com
7
dfierberg@tfnlgroup.com
8 Robert Mackey, Esq.
Ivo Labar, Esq. Veatch Carlson, LLP
9 Sawyer & Labar LLP 1055 Wilshire Blvd., 11th Floor
201 Mission Street, Ste. 2240 Los Angeles, CA 90017
10 San Francisco, CA 94105 Attorney for Defendant, Stefan Leon
Attorney for Plaintiff, Daphne Beletsis and Phone: (213) 381-2861
11
Yvonne Rainey rmackey@veatchfirm.com
12 Phone: (415) 262-3820
labar@sawyerlabar.com Julie M. Azevedo, Esq.
13 Lewis Brisbois Bisgaard & Smith LLP
Michael C. Osborne, Esq. 2185 N. California Boulevard, Suite 300
14 Cokinos / Young Walnut Creek, CA 94596-3577
One Embarcadero Center, Suite390 Attorney for Defendant, Jordan Takayama
15
San Francisco, CA 94111 Phone: (925) 357-3441
16 Attorney for, Theta Chi Fraternity, Inc. julie.azevedo@lewisbrisbois.com
Phone: (415) 228-0208
17 mosborne@cokinoslaw.com Matthew C. Jaime, Esq.
Metheny Sears Linkert & Jaime LLP
18 Mary Childs, Esq. 3638 American River Drive
Yoka & Smith, LLP Sacramento, CA 95864
19
445 South Figueroa Street, 38th Floor Attorney for Defendant, Chris Guevara
20 Los Angeles, CA 90071 Phone: (916) 978-3434
Attorney for Defendants, Emmanuel Thomas; mjaime@mathenysears.com
21 Bobby Karki; John Dylan Lietch
Phone: (213) 427-2300
22 mchilds@yokasmith.com dfierberg@tfnlgroup.com;
labar@sawyerlabar.com;
23 mosborne@cokinoslaw.com;
Derek H. Lim, Esq.
Demler, Armstrong & Rowland LLP mchilds@yokasmith.com; lim@darlaw.com;
24
1350 Treat Boulevard, Suite 400 ctark@to2law.com; rmackey@veatchfirm.com;
25 Walnut Creek, CA 94597 mjaime@mathenysears.com
Attorney for Defendants, Chris Guevara;
26
Bradley Visacki
27
Phone: (415) 949-1900
lim@darlaw.com
28
Preview
ELECTRONICALLY RECEIVED 9/2/2020 9:28 AM Electronically Filed Superior Court of California 1 Michael C. Osborne (Bar No. 95839) County of Santa Cruz mosborne@cokinoslaw.com 2 Stevie B. Newton (Bar No. 287708) September 11, 2020 snewton@cokinoslaw.com Alex Calvo, Clerk 3 COKINOS | YOUNG By Deputy, Salsedo, Declan One Embarcadero Center, Suite 390 Signed: 9/11/2020 08:47 AM 4 San Francisco, CA 94111 Telephone: 415-228-0208 5 Attorneys for Defendant 6 THETA CHI FRATERNITY, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, et al., Case No. 19CV03287 12 Plaintiff, 13 v. CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER 14 THETA CHI FRATERNITY, INC., et al. 15 Defendant. Action Filed: October 31, 2019 16 Trial Date: None Set 17 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 1 parties desire to and/or are required to maintain. To facilitate the fair and efficient 2 completion of pretrial discovery while protecting the rights of the Parties and third parties 3 with respect to their confidential and/or privileged materials and minimizing the need for 4 judicial intervention in the discovery process, Plaintiffs and Defendant have agreed to the 5 terms of this Protective Order. 6 2. The terms of this Protective Order apply to all documents and information produced, and 7 testimony given, in this case, Santa Cruz Superior Court Case Number 19CV03287. 8 3. This Protective Order may be amended pursuant to agreement of the Parties in order to 9 bring additional documents, information and testimony generated or given during discovery 10 in this matter within the scope of this Protective Order. 11 4. This Protective Order has no effect upon, and its scope shall not extend to, any Party’s use 12 of his, her, or its own documents and information whether or not such documents or 13 information have been designated as “Confidential” under this Protective Order. 14 5. This Protective Order shall not be binding on the Court or its personnel. 15 6. “Designating Party,” for the purposes of this Protective Order, shall mean the Party that 16 designates documents as “Confidential” under this Protective Order. 17 7. A Designating Party may designate documents, information and testimony as 18 “Confidential” under this Protective Order only if the Designating Party has a reasonable, 19 good faith belief that the document, information, or testimony contains or concerns non- 20 public information that constitutes a trade secret and/or is protected by the right to privacy 21 under California, federal law, or other applicable law. 22 8. A Designating Party shall designate a document “Confidential” by marking each page of 23 the document with a stamp stating “Confidential.” 24 9. For information produced in some form other than documentary form, and for any other 25 tangible items, including, without limitation, compact discs or DVDs, the Designating Party 26 shall affix in a prominent lace on the exterior of the container or containers in which the 27 information or item is stored the legend “Confidential.” If only portions of the information 28 2 CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER 1 or item warrant protection, the Designating Party, to the extent practicable, shall identify 2 the “Confidential” portions. 3 10. If, during the course of any deposition related to this litigation—including, without 4 limitation (a) the deposition of a Party or one of his, her, or its present or former employees, 5 directors, partners, members, representatives, officers, agents, or independent experts 6 retained by counsel for the purpose of this litigation, or (b) the deposition of any third 7 party—any document or information designated “Confidential” by any Party under the 8 terms of this Order is mentioned, referenced, discussed and/or subject to testimony, the 9 relevant segment of the deposition shall be designated “Confidential.” Any Party may 10 exercise the “Confidential” designation with respect to any such portion of the deposition 11 either by: (a) indicating on the record that the discussion and/or testimony is “Confidential” 12 and subject to the terms of this Order; or (b) identifying all portions of the deposition that 13 are “Confidential” by page and line number within thirty (30) days after receipt by the 14 Designating Party of the transcript of such deposition testimony. From the date of the 15 deposition until the expiration of the aforementioned thirty (30) day period, the entire 16 deposition will be treated as subject to protection against disclosure as “Confidential.” Only 17 those portions of the transcript that are appropriately designated “Confidential” on the 18 record during the deposition or within thirty (30) days after receipt by the Designating Party 19 shall be covered by this Order, unless otherwise agreed by the Parties or ordered by the 20 Court. To the extent possible, the court reporter shall segregate into separate transcripts 21 portions designated as “Confidential” and insert blank, consecutively numbered pages in 22 their place in the main transcript. The separate transcript containing “Confidential” 23 discussion and/or testimony shall be numbered to correspond to the blank pages in the main 24 transcript. 25 11. Documents and information unintentionally produced without designation as 26 “Confidential” may be retroactively designated in the same manner and shall be treated 27 appropriately from the date written notice of the designation is provided to the receiving 28 3 CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER 1 party. 2 12. The Parties agree that all documents, testimony and information designated “Confidential” 3 shall be used solely in connection with this litigation and for no other purpose whatsoever 4 and shall not be disclosed to any person or used in any manner, except in accordance with 5 the terms hereof. 6 13. Documents, testimony and information designated “Confidential” shall not be disclosed or 7 made available by any Party to persons other than the following persons designated as 8 “Qualified Persons:” 9 a. The parties to this litigation—Santa Cruz Superior Court Case Number 10 19CV03287—including but not limited to any party’s accountant, agent, director, 11 employee, manager, member, officer, or representative (all of whom are bound by 12 this Protective Order); 13 b. Attorneys for the parties to this litigation—Santa Cruz Superior Court Case Number 14 19CV03287—and employees and agents of such attorneys; 15 c. Commercial photocopying, storage, retrieval, data procession, or handling firms 16 used by any Party to this Protective order, or counsel for such firms; 17 d. Persons who have been designated as expert witnesses for the purpose of testifying 18 or consulting in this litigation as defined by C.C.P. § 2034.210 et seq.; 19 e. Deposition reporters and their support personnel for purposes of preparing 20 deposition transcripts; 21 f. Any person whom any Party’s counsel believes in good faith may be called to give 22 testimony in this action on matters relating to the documents marked “Confidential” 23 and/or the information contained therein; 24 g. Any witness or deponent during the course of his, her, or its deposition or 25 examination in the above-referenced matter; 26 h. Any non-party to whom documents marked “Confidential” are produced pursuant 27 to a subpoena, court order, and/or other legal process in accordance with paragraph 28 4 CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER 1 18 of this Protective Order; 2 i. Any other person as may be agreed in writing by the Designating Parties provided 3 that written agreement is served on all counsel of record; 4 j. The Court; 5 k. Third-party neutrals hired by the parties to this litigation—Santa Cruz Superior 6 Court Case Number 19CV03287—to facilitate settlement; 7 l. Any other person designated as a Qualified Person by Order of this Court. 8 14. If, at any time during the course of this litigation, a Designating Party produces or gives any 9 document, information, or testimony, that any other party to this litigation—Santa Cruz 10 Superior Court Case Number 19CV03287—reasonably believes should be designated 11 “Confidential” as described herein, that other Party may designate said document, testimony 12 or information as “Confidential” pursuant to the terms of this Protective Order. 13 15. Nothing herein shall prevent disclosure beyond the terms of this Order if the Parties consent 14 to such disclosure, or if the Court orders such disclosure. 15 16. Nothing herein shall prevent any Party or third-party from seeking additional protection 16 with respect to any document, testimony or information. 17 17. A Party shall not be obligated to challenge the propriety of a designation as “Confidential” 18 or “Qualified Person” at the time made, and a failure to do so shall not preclude a subsequent 19 challenge thereto. In the event that counsel for a Party receiving documents, testimony or 20 information in discovery designated as “Confidential” objects to such designation with 21 respect to any or all of such items, said counsel shall advise counsel for the Designating 22 Party, in writing, of such objections, the specific documents, testimony, or information to 23 which each objection pertains, and the specific reasons and support for such objections (the 24 “Designation Objections”). Counsel for the Designating Party shall have thirty (30) days 25 from receipt of the written Designation Objections to either (a) agree in writing to de- 26 designate documents, testimony or information pursuant to any or all of the Designation 27 Objections and/or (b) file a motion with the Court seeking to uphold any or all designations 28 5 CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER 1 on documents, testimony or information addressed by the Designation Objections (the 2 “Designation Motion”). Pending a resolution of the Designation Motion by the Court, any 3 and all existing designations on the documents, testimony or information at issue in such 4 Designation Motion shall remain in place. The Designating Party shall have the burden on 5 any Designation Motion of establishing the applicability of its “Confidential” designation. 6 In the event that the Designation Objections are neither timely agreed to nor timely 7 addressed in the Designation Motion, then such documents, testimony or information shall 8 be de-designated in accordance with the Designation Objection applicable to such material. 9 18. In the event that any Party wishes to submit any document, information or testimony 10 designated “Confidential” in connection with any affidavit, brief, memorandum of law or 11 other paper filed with the Court in this litigation, that Party must lodge and file the 12 “Confidential” document, information or testimony in accordance with the California Rules 13 of Court relating to submission of documents under seal. A Party desiring to seal relevant 14 “Confidential” documents, information or testimony shall be obligated to file a motion or 15 application to seal in accordance with Rule 2.551 of the California Rules of Court. 16 19. Within thirty (30) days after the termination and/or settlement of this litigation, all 17 “Confidential” documents and information, and all copies thereof, shall be returned to the 18 producing party or destroyed, provided that, for each Party, counsel may retain copies of 19 “Confidential” documents and information as necessary to maintain appropriate working 20 files for this litigation. This Protective Order shall survive the final termination of this 21 litigation with respect to any such retained “Confidential” documents and information. 22 20. If a Party receives a subpoena or other compulsory process commanding the production of 23 any “Confidential” document or information, that Party shall promptly notify the producing 24 party to this litigation—Santa Cruz Superior Court Case Number 19CV03287—or third 25 party. The Party receiving the subpoena or compulsory process shall not produce any such 26 materials in response to the subpoena without the prior written consent of the producing 27 party to this litigation or third party, except as ordered by a court of competent jurisdiction. 28 6 CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER 1 The Party receiving the subpoena or other compulsory process shall not object to the 2 producing party or third party having a reasonable opportunity to appear in the litigation 3 and to seek appropriate relief. 4 21. Nothing contained in this Order constitutes an admission or waiver of any claim or defense 5 by any Party, and nothing contained herein shall affect the right of any Party to make any 6 objection, claim any privilege, contest any discovery request or any Party’s response to a 7 discovery request, or to seek any relief or protective order from the Court. 8 22. Any Party to this action who has not executed this Protective Order as of the time itis 9 presented to the Court for consideration and entry may thereafter become a Party to this 10 Protective Order by its counsel signing and dating a copy thereof and filing the same with 11 the Court, and serving copies of such signed and dated copy upon the other Parties to this 12 Protective Order. 13 23. The Parties agree that this Protective Order complies with the privacy rules under HIPAA, 14 see 45 CFR § 164.512(e), and the Federal Educational Rights and Privacy Act, see 20 15 U.S.C. § 1232g. Specifically, the Parties agree, and the Court so Orders, that the Parties 16 and a non-Party witness may produce and disclose protected health information and 17 unredacted educational records in response to a subpoena, discovery request, or other 18 lawful process, and that such protected health information and unredacted educational 19 records shall be kept confidential pursuant to the terms of this Protective Order. The 20 Parties agree that they are prohibited from using or disclosing any protected health 21 information or unredacted educational records produced or disclosed herein for any 22 purpose other than this litigation. In addition, the Parties also agree that, at the conclusion 23 of this litigation, any protected health information or unredacted educational records 24 produced or disclosed, shall either be returned to the person or persons who produced it or 25 destroyed by the Parties. 26 This Confidentiality Stipulation and (Proposed) Protective Order may be executed in subparts. 27 28 7 CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER 1 IT IS SO STIPULATED. 2 3 4 Dated: ___________, 2019 THE FIERBERG NATIONAL LAW GROUP, PLLC 5 6 7 Douglas E. Fierberg Jonathon N. Fazzola 8 Lisa N. Cloutier Attorneys for Plaintiffs 9 DAPHNE BELETSIS, Individually and as Administrator of the Estate of Alexander 10 Beletsis, and YVONNE RAINEY, Surviving Parent of Alexander Beletsis, Deceased 11 12 Dated: ___________, 2019 SAWYER & LABAR LLP 13 14 15 Ivo Labar Attorneys for Plaintiffs 16 DAPHNE BELETSIS, Individually and as Administrator of the Estate of Alexander 17 Beletsis, and YVONNE RAINEY, Surviving Parent of Alexander Beletsis, Deceased 18 19 20 Dated: August 27, 2020 21 AndrewLauderdale____________ 22 _____ Andrew Lauderdale 23 Attorney for Defendant Quinn McLaughlin 24 25 26 27 ORDER 28 8 CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER 1 GOOD CAUSE APPEARING, the Court hereby approves this Confidentiality Stipulation 2 and Protective Order. 3 Signed: 9/10/2020 10:33 AM 4 IT IS SO ORDERED. 5 September 10, 2020 Dated: ____________________ ___________________________________ 6 THE HONORABLE JOHN GALLAGHER 7 Connolly, Rebecca 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER 1 Re: Beletsis v. Theta Chi Fraternity, et al. Case Number: 19CV03287 2 3 PROOF OF SERVICE Code of Civil Procedure §§ 1013a, 2015.5 4 I am a resident of the State of California and over the age of eighteen years, and not a party to the 5 within action. My business address is 1 Almaden Boulevard, Suite 400, San Jose, CA 95113. On September 2, 2020, I served the following document(s): 6 7 CONFIDENTIALITY STIPULATION AND (PROPOSED) PROTECTIVE ORDER 8 By placing the document(s) listed above in a sealed envelope, addressed as set forth below, and placing the envelope for collection and mailing in the place designated for 9 such in our offices, following ordinary business practices. 10 By electronically serving the document(s) described above via a Court approved File & Serve vendor on those recipients designated on the Transaction Receipt located on 11 the vendor’s Website. By electronically serving the document(s) to the electronic mail address set forth 12 below on this date before 11:59 p.m. pursuant to California Judicial Council’s Emergency Rule 12 and consistent with Code of Civil Procedure section 1010.6(a)(2), 13 X (4) and (5). 14 SEE ATTACHED dfierberg@tfnlgroup.com; labar@sawyerlabar.com; 15 SERVICE LIST mosborne@cokinoslaw.com; mchilds@yokasmith.com; lim@darlaw.com; ctark@to2law.com; 16 rmackey@veatchfirm.com; mjaime@mathenysears.com 17 I am readily familiar with the firm’s practice of collection and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with U.S. 18 Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or 19 postage meter date is more than one day after date of deposit for mailing in affidavit. 20 I declare under penalty of perjury under the laws of the State of California that the above is true 21 and correct. 22 Executed on September 2, 2020, at San Jose, California. 23 24 25 TIMOTHY C. FEENEY 26 27 28 1 Re: Beletsis v. Theta Chi Fraternity, et al. Case Number: 19CV03287 2 SERVICE LIST 3 Douglas E. Fierberg, Esq. Chris Tarkington, Esq. 4 Fierberg National Law Group Tarkington, O'Neill, Barrack & Chong - SR 161 East Front Street, Ste. 200 100 Stony Point Road, Suite 270 5 Traverse City, MI 49684 Santa Rosa, CA 95401 Attorney for Plaintiff, Daphne Beletsis and Attorney for Defendant, Najpreet Kahlon 6 Yvonne Rainey Phone: (707) 576-1380 Phone: (202) 351-0510 ctark@to2law.com 7 dfierberg@tfnlgroup.com 8 Robert Mackey, Esq. Ivo Labar, Esq. Veatch Carlson, LLP 9 Sawyer & Labar LLP 1055 Wilshire Blvd., 11th Floor 201 Mission Street, Ste. 2240 Los Angeles, CA 90017 10 San Francisco, CA 94105 Attorney for Defendant, Stefan Leon Attorney for Plaintiff, Daphne Beletsis and Phone: (213) 381-2861 11 Yvonne Rainey rmackey@veatchfirm.com 12 Phone: (415) 262-3820 labar@sawyerlabar.com Julie M. Azevedo, Esq. 13 Lewis Brisbois Bisgaard & Smith LLP Michael C. Osborne, Esq. 2185 N. California Boulevard, Suite 300 14 Cokinos / Young Walnut Creek, CA 94596-3577 One Embarcadero Center, Suite390 Attorney for Defendant, Jordan Takayama 15 San Francisco, CA 94111 Phone: (925) 357-3441 16 Attorney for, Theta Chi Fraternity, Inc. julie.azevedo@lewisbrisbois.com Phone: (415) 228-0208 17 mosborne@cokinoslaw.com Matthew C. Jaime, Esq. Metheny Sears Linkert & Jaime LLP 18 Mary Childs, Esq. 3638 American River Drive Yoka & Smith, LLP Sacramento, CA 95864 19 445 South Figueroa Street, 38th Floor Attorney for Defendant, Chris Guevara 20 Los Angeles, CA 90071 Phone: (916) 978-3434 Attorney for Defendants, Emmanuel Thomas; mjaime@mathenysears.com 21 Bobby Karki; John Dylan Lietch Phone: (213) 427-2300 22 mchilds@yokasmith.com dfierberg@tfnlgroup.com; labar@sawyerlabar.com; 23 mosborne@cokinoslaw.com; Derek H. Lim, Esq. Demler, Armstrong & Rowland LLP mchilds@yokasmith.com; lim@darlaw.com; 24 1350 Treat Boulevard, Suite 400 ctark@to2law.com; rmackey@veatchfirm.com; 25 Walnut Creek, CA 94597 mjaime@mathenysears.com Attorney for Defendants, Chris Guevara; 26 Bradley Visacki 27 Phone: (415) 949-1900 lim@darlaw.com 28