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sf-2803554

STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO

FILE UNDER SEAL CORRECTED DECLARATION OF SCOTT SMITH

CASE NO. C-08-00177-SI

1

MARKUN ZUSMAN & COMPTON LLP

JEFFREY K. COMPTON, State Bar No. 142969

DARIA DUB CARLSON, State Bar No. 150628

WILLIAM A. BAIRD, State Bar No. 192675

17383 Sunset Boulevard, Suite A380

Pacific Palisades, California 90272

Telephone: (310) 454-5900

Facsimile: (310) 454-5970

LAW OFFICE OF STEVEN ELSTER

STEVEN ELSTER, State Bar No. 227545

785/E2 Oak Grove Road, #201

Concord, CA 94518-3617

Telephone: (925) 324-2159

Facsimile: (925) 945-1276

Attorneys for Plaintiffs, 

JAMES BRADY, SARAH CAVANAGH 

AND IVA CHIU

MORRISON & FOERSTER LLP

LINDA E. SHOSTAK, State Bar No. 64599

JAMES E. BODDY, JR., State Bar No. 65244

KATHRYN M. DAVIS, State Bar No. 203454

425 Market Street

San Francisco, California 94105-2482

Telephone: (415) 268-7000

Facsimile: (415) 268-7522

Attorneys for Defendant

DELOITTE & TOUCHE LLP

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JAMES BRADY, SARAH CAVANAGH, and 

IVA CHIU, individually and on behalf of all 

others similarly situated,

Plaintiffs,

v.

DELOITTE & TOUCHE LLP, a limited liability

partnership; and DOES 1-10, inclusive,

Defendants.

Case No. C-08-00177-SI

STIPULATION AND [PROPOSED]

ORDER GRANTING LEAVE TO 

FILE UNDER SEAL CORRECTED 

DECLARATION OF SCOTT

SMITH

PUBLIC VERSION

Case 3:08-cv-00177-SI Document 128 Filed 02/18/10 Page 1 of 4
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sf-2803554

STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO

FILE UNDER SEAL CORRECTED DECLARATION OF SMITH

CASE NO. C-08-00177-SI

2

STIPULATION

Pursuant to Local Rules 7-12 and 79-5, and the Court’s Standing Order, Plaintiffs and 

Defendant, through their respective counsel, submit the following stipulation and [proposed] 

order granting Defendant Deloitte & Touche LLP (“Defendant”) leave to file permanently under 

seal the materials described below.

WHEREAS, in the course of the discovery the parties have produced and disclosed 

confidential, proprietary, and other private information related to the parties, as well as 

Defendant’s clients, designated “Confidential” or “Highly Confidential - Attorneys’ Eyes Only” 

pursuant to the parties’ Stipulated Protective Order signed by the Court on March 10, 2009, and 

filed in the above captioned action on March 11, 2009 (“Designated Produced Materials”), for 

which special protection from public disclosure and from use for any purpose other than 

prosecuting this litigation would be warranted;

WHEREAS, the parties agree that confidential, proprietary, and other private information 

related to the parties, as well as Defendant’s clients, will also be included in or discussed in the 

parties filings on the Plaintiffs’ Motion for Class Certification (“Designated Motion Materials”);

WHEREAS, the parties agree that the Designated Produced Materials and Designated 

Motion Materials consist of Defendant’s proprietary employee training materials, proprietary 

guidance for conducting audits, proprietary policies, confidential employee personnel and pay 

data, and confidential and proprietary audit work papers, as well as the confidential and 

proprietary information of Defendant’s clients.

WHEREAS, the parties agree that the Designated Produced Materials, including all 

information derived from the Designated Produced Materials, and the Designated Motion 

Materials should be filed permanently under seal on the ground that good cause exists to prevent 

the disclosure of this confidential, proprietary, and financial information. See, e.g., In re Adobe 

Systems Inc. Securities Litigation, 141 F.R.D. 155, 158 (N.D. Cal. 1992) (good cause exists when 

disclosure of proprietary or financial information would put a company as a competitive 

disadvantage); Hirschfeld v. Stone, 193 F.R.D. 175, 187 (S.D. N.Y. 2000) (“disclosure of 

confidential information is the quintessential type of irreparable herm that cannot be compensated 

Case 3:08-cv-00177-SI Document 128 Filed 02/18/10 Page 2 of 4
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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO

FILE UNDER SEAL CORRECTED DECLARATION OF SMITH

CASE NO. C-08-00177-SI

3

or undone by money damages); Encyclopedia Brown Prod., Ltd. v. Home Box Office, Inc., 26 F. 

Supp 2d 606, 614 (S.D. N.Y. 1998) (that party would be irreparably harmed by disclosure of 

confidential business information supported sealing, even though documents dealt with business 

information dating back several years).

NOW THEREFORE, the parties hereby stipulate, subject to Court approval, that the 

following materials/information, attached hereto, be filed permanently under seal:

Corrected Declaration Of Scott Smith In Support Of Defendant

Deloitte & Touche LLP’s Opposition To Plaintiffs’ Motion For 

Class Certification 

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Dated: February 16, 2010 COUNSEL FOR PLAINTIFFS

By: /s/William A. Baird

WILLIAM A BAIRD

JEFFREY K. COMPTON

Markun Zusman & Compton LLP

STEVE ELSTER

Law Office of Steve Elster

Dated: February 16, 2010 COUNSEL FOR DEFENDANTS

By: /s/Linda E. Shostak

LINDA E. SHOSTAK

JAMES E. BODDY, JR.

Morrison & Foerster LLP

ECF CERTIFICATION

I hereby attest that I have obtained concurrence regarding the filing of this document from 

each of the signatories within the e-filed document.

Dated: February 16, 2010 By: /s/Linda E. Shostak

LINDA E. SHOSTAK

Case 3:08-cv-00177-SI Document 128 Filed 02/18/10 Page 3 of 4
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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO

FILE UNDER SEAL CORRECTED DECLARATION OF SMITH

CASE NO. C-08-00177-SI

4

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: ____________, 2010

Honorable Susan Illston

United States District Court Judge

Case 3:08-cv-00177-SI Document 128 Filed 02/18/10 Page 4 of 4