REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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STIPULATION AND [PROPOSED] ORDER

John P. Zaimes (SBN 91933)

jzaimes@reedsmith.com

John H. Lien (SBN 222842)

jlien@reedsmith.com

REED SMITH LLP

355 South Grand Avenue, Suite 2900

Los Angeles, CA 90071-1514

Telephone: +1 213 457 8000

Facsimile: +1 213 457 8080

Attorneys for Defendant

Vector Marketing Corporation

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ALICIA HARRIS, as an individual and on 

behalf of all others similarly situated,

Plaintiffs,

vs.

VECTOR MARKETING 

CORPORATION, a Pennsylvania 

corporation; and DOES 1 through 20, 

inclusive,

Defendants.

No.: CV 08-5198 EMC

STIPULATION AND [PROPOSED] 

ORDER RE PHONE RECORDS

Case 3:08-cv-05198-EMC Document 163 Filed 04/30/10 Page 1 of 3
REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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STIPULATION AND [PROPOSED] ORDER

Plaintiff Alicia Harris (“plaintiff” or “Harris”) and Defendant Vector Marketing 

Corporation (“defendant” or “Vector”) enter into this stipulation with reference to the 

following facts:

RECITALS

A. On or about March 20, 2010, Vector served plaintiff’s mother, Lynette 

Harris (“L. Harris”), with a subpoena to testify at a deposition on April 2, 2010 and 

further requested the production of, among other things, L. Harris’ cell phone and 

landline telephone records for the period of June 28, 2008 through July 31, 2008.

B. Due to L. Harris’ representation of unavailability and for the convenience 

of the witness, on April 6, 2010, Vector renoticed the deposition of L. Harris to April 

21, 2010 and, accordingly, served, on counsel for L. Harris and plaintiff, a notice of 

deposition and subpoena to testify at a deposition, in addition to document requests 

relating to L. Harris’ cell phone and landline telephone records for the period of June 

28, 2008 through July 31, 2008. 

C. In lieu of said production of L. Harris’ cell phone and landline telephone 

records at the April 21, 2010 deposition, plaintiff represents that, for purposes of this 

litigation, she will not assert or claim that she utilized L. Harris’ cell phone or landline 

telephone in connection with providing services as a Sales Representative of Vector.

STIPULATION

NOW, THEREFORE, it is hereby stipulated by the parties, through their 

respective counsel of record, as follows:

1. In connection with any discovery responses or pleadings served and/or 

filed in this action or any proceeding related to this action, including, but not limited 

to, testimony at trial, oral or written arguments made by counsel, memorandum of 

points and authorities, declarations, affidavits, written discovery responses, or any 

other oral or written representation made by the parties, neither Harris nor Vector will 

elicit or introduce any evidence or represent, assert, or claim that plaintiff used any of 

Case 3:08-cv-05198-EMC Document 163 Filed 04/30/10 Page 2 of 3
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STIPULATION AND [PROPOSED] ORDER

L. Harris’ cell phones or landline telephones in providing services as a Sales 

Representative of Vector.

IT IS SO STIPULATED.

Dated: April 22, 2010 REED SMITH LLP

By /s/

John P. Zaimes

Attorneys for Defendant

VECTOR MARKETING CORPORATION

Dated: April 22, 2010 Diversity Law Group

By /s/

Larry W. Lee

Attorneys for Plaintiff

ALICIA HARRIS

ORDER

Based on the above stipulation, IT IS SO ORDERED.

Dated: , 2010

Honorable Edward M. Chen

United States District Court Magistrate Judge

Case 3:08-cv-05198-EMC Document 163 Filed 04/30/10 Page 3 of 3