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Stipulation And [Proposed] Order Granting Leave To File Permanently Under Seal Case. No. 3:08-Cv-00177-SI 

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,

 vs. 

DELOITTE & TOUCHE LLP, a limited liability 

partnership; and DOES 1-10, inclusive, 

 Defendants

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CASE NO.: C-08-00177 SI 

STIPULATION AND [PROPOSED] 

ORDER GRANTING LEAVE TO FILE 

PERMANENTLY UNDER SEAL

Date: February 19, 2010 

Time: 9:00 A.M. 

Courtroom: 10 

Judge: The Hon. Susan Illston 

Complaint filed: February 8, 2008 

Trial Date: None Set

Pursuant to Civil Local Rule 79-5

Case 3:08-cv-00177-SI Document 111 Filed 02/03/10 Page 1 of 4
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Stipulation And [Proposed] Order Granting Leave To File Permanently Under Seal Case. No. 3:08-Cv-00177-SI 

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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 Plaintiffs 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 material designated as 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 what Defendant considers to be 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 harm that cannot be compensated 

Case 3:08-cv-00177-SI Document 111 Filed 02/03/10 Page 2 of 4
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Stipulation And [Proposed] Order Granting Leave To File Permanently Under Seal Case. No. 3:08-Cv-00177-SI 

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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 be filed permanently under seal: 

 1. Exhibit A - relevant portions of Scott Smith’s deposition transcript; 

 2. Exhibit B - relevant portions of Iva Chiu’s deposition transcript; 

 3. Exhibit C – relevant portions of James Brady’s deposition transcript; 

 3. Exhibit D - “Performance Support-Cash MAP Supplement” (DT 051492-051503); 

 4. Exhibit E - “Welcome to ... NorPac AERS Resource Management” (DT 907-910);

 5. Exhibit F - “Deloitte Audit Approach Manual” (DT 1896-1900); 

 6. Exhibit G - “Detailed Review of Working Papers” (DT 2764); 

 7. Exhibit H - “Audit Engagement Partner” (DT 2783-2970); 

 8. Exhibit I - “Managing the Audit Engagement” (DT 72309-72311); 

 9. Exhibit J - “Form E” (DT 173201-173205); 

 10. Exhibit K - “Audit Index” (DT 173530.1-173530.10); 

11. Exhibit L - “Significant Findings or Issues Other Than Risks” (DT 175163-175165); 

12. Exhibit M- “Plaintiffs’ Reply Brief In Support Of Plaintiffs’ Class Certification 

Motion”; and,

13. Exhibit N – Compendium of Declarations. 

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 

COUNSEL FOR PLAINTIFFS 

DATE: January 28, 2010 By: _/s/ Daria Dub Carlson______

 DARIA DUB CARLSON

 JEFFREY K. COMPTON

 WILLIAM A. BAIRD 

Case 3:08-cv-00177-SI Document 111 Filed 02/03/10 Page 3 of 4
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Stipulation And [Proposed] Order Granting Leave To File Permanently Under Seal Case. No. 3:08-Cv-00177-SI 

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 Markun Zusman & Compton LLP 

 STEVE ELSTER 

 Law Office of Steve Elster

COUNSEL FOR DEFENDANTS 

DATE: January 28, 2010 By: __/S/ Kathryn M. Davis____

 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. 

DATE: January 28, 2010 By: _/S/ Daria D. Carlson_____

 Daria Dub Carlson 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: ________________ ____________________________ 

 Honorable Susan Illston 

United States District Court Judge 

That said documents be filed under seal in

accordance with LR 79-5

Case 3:08-cv-00177-SI Document 111 Filed 02/03/10 Page 4 of 4