Opinion
Case No. 11-CV-02488-RMW
11-09-2011
BRIAN GRAIFMAN, on Behalf of Himself, All Others Similarly Situated, and the General Public, Plaintiff, v. TREND MICRO CORPORATION, and DOES 1 through 10, Inclusive, Defendants.
Timothy J. Burke (SBN 181866) STULL, STULL, & BRODY Gary S. Graifman KANTROWITZ, GOLDHAMER & GRAIFMAN, PC Michael S. Green GREEN & ASSOCIATES, LLC Tod L. Gamlen (SBN: 83458) Irene V. Gutierrez (SBN: 252927) BAKER & McKENZIE LLP Mark D. Taylor (pro hac vice) Matthew McCrary (pro hac vice) BAKER & McKENZIE LLP Attorneys for Defendant TREND MICRO, INCORPORATED (USA) sued herein as TREND MICRO CORPORATION. Attorneys for Plaintiff Brian Graifman
Timothy J. Burke (SBN 181866)
STULL, STULL, & BRODY
Gary S. Graifman
KANTROWITZ, GOLDHAMER &
GRAIFMAN, PC
Michael S. Green
GREEN & ASSOCIATES, LLC
Tod L. Gamlen (SBN: 83458)
Irene V. Gutierrez (SBN: 252927)
BAKER & McKENZIE LLP
Mark D. Taylor (pro hac vice)
Matthew McCrary (pro hac vice)
BAKER & McKENZIE LLP
Attorneys for Defendant
TREND MICRO, INCORPORATED (USA) sued
herein as TREND MICRO CORPORATION.
Attorneys for Plaintiff Brian Graifman
STIPULATION AND ORDER REGARDING NONWAIVER OF PRIVILEGE
STIPULATION
Plaintiff BRIAN GRAIFMAN (including any and all other persons that he may be determined to represent) and Defendant TREND MICRO INCORPORATED, by and through their respective counsel, enter into this Stipulation.
WHEREAS, the parties are engaged in the production and/or exchange of documents, things and electronically stored information;
WHEREAS, each party acknowledge that, while each party is making effort to identify and withhold from production any document, thing or electronically stored information which that party believes is privileged or otherwise legally protected from disclosure, given the volume and nature of material being exchanged, there is a possibility that certain privileged material may be produced inadvertently; and,
WHEREAS, each party intends and desires that any and all such inadvertent productions and/or disclosure not constitute a waiver of any applicable privileges or legal protection from disclosure (collectively referred to as "privilege(s)" or "privileged"), including, but not limited to, privileges and protections based on the attorney client privilege, the attorney work product doctrine, trade secret, confidentiality, and/or privacy.
IT IS THEREFORE STIPULATED as follows:
1. A party who discloses or produces any privileged document, thing or electronically stored information without intending to waive the claim of privilege associated with it may, within ten (10) days after the producing party actually discovers that such inadvertent disclosure or production occurred, amend its discovery response and notify the other party that such document, thing or electronically stored information was inadvertently disclosed or produced and should have been withheld as privileged.
Once the producing party provides such notice to the requesting party, the requesting party must promptly return the specified document, thing and/or electronically stored information and any copies thereof. By complying with this obligation, the requesting party does not waive any right it has to challenge the assertion of privilege and request on order of the court denying such privilege.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
STULL, STULL & BRODY
By: Gary S. Graifman
Attorneys for Plaintiff
BRIAN GRAIFMAN
BAKER & McKENZIE LLP
By: Tod L. Gamlen
Attorneys for Defendant
TREND MICRO, INCORPORATED
(USA) sued herein as TREND MICRO,
CORPORATION
ATTESTATION OF CONCURRENCE BY TOD L. GAMLEN
I, Tod L. Gamlen, hereby attest that I am one of the attorneys for Trend Micro Incorporated (USA), and, as the ECF user and filer of this document, I attest that, pursuant to General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from Gary S. Graifman, the above signatory.
By: Tod L. Gamlen
ORDER [PROPOSED]
Pursuant to stipulation IT IS SO ORDERED.
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UNITED DISTRICT COURT JUDGE