Berrien et al v. New Raintree Resorts International, LLC et al, No. 4:2010cv03125 - Document 38 (N.D. Cal. 2011)
Court Description: ORDER Granting 37 Stipulation re: Protective Order. Signed by Judge Claudia Wilken on 1/24/2011. (ndr, COURT STAFF) (Filed on 1/24/2011)
Download PDF
<![CDATA[
Berrien et al v. New Raintree Resorts International, LLC et al 1 2 3 4 5 6 7 8 9 Doc. 38 Jonathan K. Levine (State Bar No. 220289) jkl@girardgibbs.com Elizabeth C. Pritzker (State Bar No. 146267) ecp@girardgibbs.com GIRARD GIBBS LLP 601 California Street San Francisco, California 94108 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 Attorneys for Individual and Representative Plaintiffs Curtis Berrien, Rose Huerta, Tina Musharbash, Fern Prosnitz, Michael Andler, Marcus Boness, Timothy Bonnell, Richard Buford, Elaine Cefola, Kenneth Davis and Jerome Garoutte 10 11 12 13 14 15 16 17 18 19 20 21 22 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CURTIS BERRIEN; ROSE HUERTA; TINA ) MUSHARBASH; FERN PROSNITZ; MICHAEL ) ANDLER; MARCUS BONESS; TIMOTHY ) BONNELL; RICHARD BUFORD; ELAINE ) CEFOLA; KENNETH DAVIS; JEROME ) GAROUTTE, on behalf of themselves and all ) others similarly situated, ) ) Plaintiffs, ) v. ) ) NEW RAINTREE RESORTS ) INTERNATIONAL, LLC; RVC MEMBERS, ) LLC; DOUGLAS Y. BECH ) ) Defendants. Case No. CV 10-03125 CW STIPULATED PROTECTIVE ORDER CLASS ACTION 23 24 25 26 27 28 STIPULATED [PROPOSED] PROTECTIVE ORDER {00038708.DOC - v2} Dockets.Justia.com 1 1. 2 Disclosure and discovery activity in this action are likely to involve production of confidential, PURPOSES AND LIMITATIONS 3 proprietary, or private information for which special protection from public disclosure and from use for 4 any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 5 stipulate to and petition the court to enter the following Stipulated Protective Order. The parties 6 7 8 9 acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 10 Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth 11 12 13 14 15 16 17 the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal. 2. DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 19 Civil Procedure 26(c). 20 21 22 23 24 25 26 27 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter. 28 1 STIPULATED [PROPOSED] PROTECTIVE ORDER 2.6 1 Expert: a person with specialized knowledge or experience in a matter pertinent 2 to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 3 consultant in this action. 4 5 2.7 Counsel does not include Outside Counsel of Record or any other outside counsel. 6 7 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 8 9 House Counsel: attorneys who are employees of a party to this action. House 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on 10 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 11 2.10 12 13 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.11 14 15 Party: any party to this action, including all of its officers, directors, employees, Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.12 16 Professional Vendors: persons or entities that provide litigation support services 17 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 18 storing, or retrieving data in any form or medium) and their employees and subcontractors. 2.13 19 20 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 21 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 22 Producing Party. 23 3. 24 The protections conferred by this Stipulation and Order cover not only Protected Material (as 25 26 27 28 SCOPE defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. However, the protections conferred by this Stipulation and Order do not cover the following information: (a) any 2 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 information that is in the public domain at the time of disclosure to a Receiving Party or becomes part 2 of the public domain after its disclosure to a Receiving Party as a result of publication not involving a 3 violation of this Order, including becoming part of the public record through trial or otherwise; and (b) 4 any information known to the Receiving Party prior to the disclosure or obtained by the Receiving 5 Party after the disclosure from a source who obtained the information lawfully and under no obligation 6 7 8 of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 4. 9 DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by 10 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 11 12 13 14 15 16 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law. 5. DESIGNATING PROTECTED MATERIAL 5.1 17 Exercise of Restraint and Care in Designating Material for Protection. Each 18 Party or Non-Party that designates information or items for protection under this Order must take care 19 to limit any such designation to specific material that qualifies under the appropriate standards. The 20 Designating Party must designate for protection only those parts of material, documents, items, or oral 21 or written communications that qualify – so that other portions of the material, documents, items, or 22 communications for which protection is not warranted are not swept unjustifiably within the ambit of 23 this Order. 24 25 26 27 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process or to impose unnecessary expenses and burdens on other parties) expose the Designating Party to sanctions. 28 3 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 If it comes to a Designating Party’s attention that information or items that it designated 2 for protection do not qualify for protection, that Designating Party must promptly notify all other 3 Parties that it is withdrawing the mistaken designation. 4 5 6 7 8 9 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but 10 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix 11 12 13 14 15 the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). A Party or Non-Party that makes original documents or materials available for 16 inspection need not designate them for protection until after the inspecting Party has indicated which 17 material it would like copied and produced. During the inspection and before the designation, all of the 18 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party 19 has identified the documents it wants copied and produced, the Producing Party must determine which 20 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 21 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page that 22 contains Protected Material. If only a portion or portions of the material on a page qualifies for 23 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 24 appropriate markings in the margins). 25 26 27 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the Designating Party identify on the record, before the close of the deposition, hearing, or other proceeding, all protected testimony. 28 4 STIPULATED [PROPOSED] PROTECTIVE ORDER (c) 1 for information produced in some form other than documentary and for any other 2 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 3 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a portion 4 or portions of the information or item warrant protection, the Producing Party, to the extent practicable, 5 shall identify the protected portion(s). 6 7 8 9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Order for such material. Upon timely correction of a designation, the Receiving Party must make reasonable efforts to assure that the material is treated in accordance with 10 the provisions of this Order. 11 12 6. 6.1 13 14 15 CHALLENGING CONFIDENTIALITY DESIGNATIONS Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or 16 a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 17 confidentiality designation by electing not to mount a challenge promptly after the original designation 18 is disclosed. 19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 20 process by providing written notice of each designation it is challenging and describing the basis for 21 each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 22 recite that the challenge to confidentiality is being made in accordance with this specific paragraph of 23 the Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin 24 the process by conferring directly (in voice to voice dialogue; other forms of communication are not 25 26 27 28 sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party must explain the basis for its belief that the confidentiality designation was not proper and must give the Designating Party an opportunity to review the designated material, to reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the chosen designation. A 5 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 Challenging Party may proceed to the next stage of the challenge process only if it has engaged in this 2 meet and confer process first or establishes that the Designating Party is unwilling to participate in the 3 meet and confer process in a timely manner. 4 5 6 7 8 9 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed in 10 the preceding paragraph. Failure by the Designating Party to make such a motion including the 11 12 13 14 15 required declaration within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality designation for each challenged designation. In addition, the Challenging Party may file a motion challenging a confidentiality designation at any time if there is good cause for doing so, including a challenge to the designation of a deposition transcript or any portions thereof. Any motion 16 brought pursuant to this provision must be accompanied by a competent declaration affirming that the 17 movant has complied with the meet and confer requirements imposed by the preceding paragraph. 18 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. 19 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary 20 expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the 21 Designating Party has waived the confidentiality designation by failing to file a motion to retain 22 confidentiality as described above, all parties shall continue to afford the material in question the level 23 of protection to which it is entitled under the Producing Party’s designation until the court rules on the 24 challenge. 25 26 27 28 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this case only for prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the 6 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 categories of persons and under the conditions described in this Order. When the litigation has been 2 terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 3 DISPOSITION). 4 5 6 7 8 9 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 10 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 11 12 13 14 15 information for this litigation; (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation; (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 16 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to 17 Be Bound” (Exhibit A), provided, however, that a Receiving Party cannot disclose such information to 18 an Expert who is a competitor of or consults with a competitor of the Designating Party, absent the 19 Designating Party’s consent or court order. Defendants’ competitors are listed in Exhibit B, attached 20 hereto. Defendants’ competitors are further deemed to include any entity that an Expert, at the time that 21 the Expert is first consulted, knows to be a subsidiary of a competitor listed in Exhibit B that is also 22 engaged in the timeshare industry; 23 (d) the court and its personnel; 24 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, 25 26 27 28 and Professional Vendors to whom disclosure is reasonably necessary for this litigation; (f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary, who shall be requested, but not obligated, to sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. 7 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 Where a witness refuses to sign the Acknowledgment, the Designating Party may require that the 2 witness surrender all copies of any information or item designated “CONFIDENTIAL” immediately 3 upon the conclusion of the witness’s testimony. Pages of transcribed deposition testimony or exhibits 4 to depositions that reveal Protected Material must be separately bound by the court reporter and may 5 not be disclosed to anyone except as permitted under this Stipulated Protective Order. 6 7 (g) other person who otherwise possessed or knew the information. 8 9 the author or recipient of a document containing the information or a custodian or Signed Acknowledgments shall be maintained by the party that has disclosed CONFIDENTIAL information in accordance with this paragraph, and shall not be discoverable by the 10 Designating Party absent a showing of good cause. In the event of a dispute, counsel for the parties 11 12 13 14 15 shall confer and attempt to reach an informal resolution before requesting leave of Court for discovery of any signed Acknowledgments. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation that 16 17 compels disclosure of any information or items designated in this action as “CONFIDENTIAL,” that 18 Party must: 19 20 21 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order to issue in 22 the other litigation that some or all of the material covered by the subpoena or order is subject to this 23 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 24 25 26 27 28 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” before a determination by the court from which the subpoena or order issued, 8 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear the 2 burden and expense of seeking protection in that court of its confidential material – and nothing in these 3 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 4 disobey a lawful directive from another court. 5 6 9. THIS LITIGATION 7 8 9 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN (a) The terms of this Order are applicable to information produced by a Non-Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing 10 in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 11 (b) 12 13 14 Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 1. 15 16 In the event that a Party is required, by a valid discovery request, to produce a promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 2. 17 promptly provide the Non-Party with a copy of the Stipulated Protective 18 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the 19 information requested; and 3. 20 21 22 make the information requested available for inspection by the Non- Party. (c) If the Non-Party fails to object or seek a protective order from this court within 23 14 days of receiving the notice and accompanying information, the Receiving Party may produce the 24 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 25 26 seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party before a determination by the 27 28 9 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 court.1 Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 2 seeking protection in this court of its Protected Material. 3 10. 4 5 6 7 8 9 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be 10 Bound” that is attached hereto as Exhibit A. 11 11. 12 13 PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently 14 15 16 produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 12. 17 MISCELLANOUS 12.1 18 19 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12.2 20 Right to Assert Other Objections. By stipulating to the entry of this Protective 21 Order no Party waives any right it otherwise would have to object to disclosing or producing any 22 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 23 Party waives any right to object on any ground to use in evidence of any of the material covered by this 24 Protective Order. 25 26 27 1 28 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality interests in this court. 10 STIPULATED [PROPOSED] PROTECTIVE ORDER 12.3 1 Filing Protected Material. Without written permission from the Designating 2 Party or a court order secured after appropriate notice to all interested persons, a Party may not file in 3 the public record in this action any Protected Material. A Party that seeks to file under seal any 4 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 5 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. 6 7 8 9 Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the information in the 10 public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the court. 11 12 13 14 15 13. FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 16 summaries, and any other format reproducing or capturing any of the Protected Material. Whether the 17 Protected Material is returned or destroyed, the Receiving Party must submit a written certification to 18 the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day 19 deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned 20 or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, 21 compilations, summaries or any other format reproducing or capturing any of the Protected Material. 22 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 23 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial 24 exhibits, expert reports, attorney work product, and consultant and expert work product, even if such 25 26 materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 27 28 11 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 Dated: Respectfully submitted, 4 GIRARD GIBBS LLP 5 By: 6 Jonathan K. Levine 7 Elizabeth C. Pritzker GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94108 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 8 9 10 11 Attorneys for Individual and Representative Plaintiffs Curtis Berrien, Rose Huerta, Tina Musharbash, Fern Prosnitz, Michael Andler, Marcus Boness, Timothy Bonnell, Richard Buford, Elaine Cefola, Kenneth Davis and Jerome Garoutte 12 13 14 15 DATED: 16 BAKER MARQUART CRONE & HAWXHURST LLP LOOPER REED & MCGRAW P.C. 17 18 By Daryl M. Crone Attorneys for Defendants New Raintree Resorts International, LLC, RVC Members, LLC and Douglas Y. Bech 19 20 21 22 23 24 PURSUANT TO STIPULATION, IT IS SO ORDERED. 25 26 27 Dated: 1/24/2011 The Hon. Claudia Wilken UNITED STATES DISTRICT JUDGE 28 12 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _______________________ 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for the 6 Northern District of California on _______________ [date] in the case of Berrien, et al. v. New 7 Raintree Resorts International, LLC, et al. No. CV 10-03125 CW. I agree to comply with and to be 8 bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that 9 failure to so comply could expose me to sanctions and punishment in the nature of contempt. I 10 solemnly promise that I will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the provisions of 12 this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Northern 14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if 15 such enforcement proceedings occur after termination of this action. 16 I hereby appoint ___________________________________________[print or type full name] 17 of _______________________________________ [print or type full address and telephone number] 18 as my California agent for service of process in connection with this action or any proceedings related 19 to enforcement of this Stipulated Protective Order. 20 21 Date: _________________________________ 22 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: ______________________________ 26 27 Signature: __________________________________ 28 13 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 EXHIBIT B 2 LIST OF DEFENDANTS’ COMPETITORS 13. Breckenridge Grand Vacations (Grand 3 1. Berkeley Group, Inc. 4 2. Bluegreen Corporation (Bluegreen Timbers Lodge; Gold Point 5 Resorts ; Bluegreen Communities; Condominium; Grand Lodge on Peak 6 Bluegreen Vacation Club) 7) 7 8 Cabo Villas Beach Resort and Spa 14. Hacienda Del Mar Vacation Club (Cabo Villas Resort) 3. 15. Hilton Worldwide, Inc. (Hilton Grand 9 4. 10 5. Promotora Turística Las Velas, S.A. de Vacations Company, LLC) Celebrity Resorts, LLC 6. 13 14 InterContinental Hotels Group, PLC C.V. 11 12 16. (Holiday Inn Hotels and Resorts; Consolidated Resorts Management, Holiday Inn Club Vacations) LLC/ Soleil Management, LLC 7. 17. Hyatt Hotels Corporation (Hyatt Vacation Club) Desarrollo Marina Vallarta, S.A. de 15 C.V., and Desarrollo Inmobiliario 18. Intrawest ULC 16 Marina Vallarta, S.A. de C.V. (Mayan 19. Krystal International Vacation Club 17 Palace; Mayan Resorts) 20. Marriott International, Inc. (Marriott Vacation Club International) 18 8. Diamond Resorts Holding, LLC 19 9. The Walt Disney Company (Disney 21. México Grand Hotels (Marina Fiesta) Vacation Club) 22. Meliá, S.A. El Cid Resorts Grupe S.A.B. de. C.V. 23. Orange Lake Country Club, Inc. (El Cid Vacations Club) 24. Pacific Monarch Resorts, Inc. 20 21 10. 22 23 11. Americana) 24 25 26 27 28 (Monarch Grand Vacations) Grupo Posadas, S.A. de C.V. (Fiesta 12. 25. Palace Holding, S.A. (Palace Resorts) Grand Pacific Resorts, Inc. (Grand 26. Solmar Hotels & Resorts (Playa Grande) Pacific Palisades Resort and Hotel) 27. Oceanfront Resorts and Spas (Pueblo Bonito) 14 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 28. Royal Holiday (Royal Holiday Club) 36. Villas De Oro 2 29. Shell Vacations Club, L.P. (Shell 37. Los Cabos Vacation Rentals, LLC; Los Vacations Club; Shell Vacations, LLC) Cabos Vacation Rentals, S. de R.L. de Starwood Hotels & Resorts Worldwide, C.V. ( Elite Destinations Espíritu del 5 Inc. (Starwood Vacation Ownership, Mar - Villas del Mar) 6 Inc.) 3 4 7 30. 31. 8 38. Welk Resort Group; Welk Resorts) Tempus Resorts International, Ltd. (Tempus Resorts) The Welk Group Inc. (Welk Group; 39. Central Florida Investments, Inc. 9 32. Timbers Resorts 10 33. Trading Places International, Inc. 40. Whiski Jack Resorts Ltd. (Lindo Mar Resort) 41. Wyndham Worldwide Corporation 11 12 35. The Villa Group (Villa Group Resorts; (Wyndham Hotels and Resorts, LLC; Villas Del Palmar) 34. 13 14 (Westgate; Westgate Resorts) Wyndham Vacation Ownership, Vacation Resorts International Wyndham Exchange and Rentals) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 CERTIFICATE OF SERVICE 2 3 4 5 I, Jonathan K. Levine, hereby certify that on January 20, 2011, I filed the following document(s): STIPULATED [PROPOSED] PROTECTIVE ORDER 6 7 8 By ECF (Electronic Case Filing): I e-filed the above-detailed document utilizing the United States District Court, Northern District of California’s mandated ECF service on January 20, 2011. Counsel of record are required by the Court to be registered e-filers, and as such are automatically e-served with a copy of the document(s) upon confirmation of e-filing. 9 10 I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, CA on January 20, 2011. 11 12 /s/ Jonathan K. Levine 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATED [PROPOSED] PROTECTIVE ORDER
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
