Stipulation and OrderCal. Super. - 6th Dist.November 20, 2020ZOCV373869 Santa Clara - Civil EFS-OEOMiIIer AWORNEY 0R PARTY WITHOUT ATrORNEY: STATE BAR No; 272924 FOR cOURT USE ONLY NAME; Allison L. Cardenas FIRM NAME; Lewis Brisbois Bisgaard & Smith LLP STREET ADDRESS; 333 Bush Street, Suite 1100 CITY: san FranCisco STATE; CA ZIP CODE; 941 04 TELEPHONE No; 41 5-362-2580 FAX NQ; 41 5-434-0882 0n 8/25/2021 1 :10 PM E.MAILADDRESS;allison.cardenas@lewisbrisbois.com Reviewed By: F. Miller ATTORNEY F0R(name): Defendant BBVA USA case #20cv373869 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Env l : 71 1 STREET ADDRESS: 191 North First Street e ope 36 98 MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: CASE NUMBER: PLAINTIFF/PETITIONER: Kimberly Doe ZOCV373869 DEFENDANT/RESPONDENT: BBVA USA, et al. JUD'C'ALOFF'CER= OTHER: DEPT: PROPOSED ORDER (COVER SHEET) 19 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version ofthe proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1. Name of the party submitting the proposed order: Defendant BBVA USA 2. Title of the proposed order: Stipulation and Proposed Order Regarding Judge Kirwan's Findings at the August 13, 2021 Informal Discovery Conference 3. The proceeding to which the proposed order relates is: Informal Discovery Conference a. Description of proceeding: Informal Discovery Conference b. Date and time: August 13, 2021 c. Place: Dept. 19 via Court Call Video 4. The proposed order was served on the other parties in the case. August 25. 2021 Allison L. Cardenas, Esq. P C (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Page 1 of 2 Form Adopted for Mandatory Use PROPOSED 0RDER (COVER SHEET) Cal. Rules of Court, Judicial Council of California . . . rules 2.252, 3.1312 EFS-OZO [Rev. February 1, 2017] (Electronlc Flllng) www.courts.ca‘gov American LegalNet, Inc. www.FonnsWorkFlow.com _ 1 LEWIS BRISBOIS BISGAARD & SMITH LLP JOSEPH R. LORDAN, SB# 265610 Filed 2 _ E~Mai11Joseph.Lordan@iewisbrisbois.com ALLISON L. CARDBNAS, SB# 272924 September 1s 2021 3 E-Mail: Allison.Cardenas@lewisbrisbois.com Clerk 0f the COUFt 333 Bush Street, Suite 1100 Superior Court 0f CA 4 gal; Fianciszci,5C33a6lgfgl'5n8i3 94104-2872 County of Santa C|ara e ep one: . . 5 Facsimile: 415.434.0882 ZOCV373869 By: fmlller 6 Attorneys for Defendant BBVA USA 7 BROWN GEE & WENGER 8 DAVID M. MARCHIANO, SB# 264809 E-Mail: dmarchiano@bgwcounsel.com 9 200 Pringle Avenue, Suite 400 Walnut Creek, California 94596 10 Telephone:925.943.5000 Facsimile: 925.933.2100 11 Attorneys for Defendant Mahmoud Alaeddin 12 FARLING, HECHT & DAVIS, LLP 13 TODD K. DAVIS, SB# 169654 E-Mail: todd@farlinghechtanddavis.com 14 96 North Third Street, Suite 660 San Jose, California 951 12 15 Telephone:408.295.6100 Facsimile: 408,299.03 96 16 Attorneys for Plaintiff Kimberly Doe 17 18 SUPERIOR COURT OF THE STATE OF CALIFORNIA 19 COUNTY OF SANTA CLARA 20 21 KIMBERLY DOE, Case No. 2OCV373869 22 Plaintiff, Assigned For All Purposes To Judge Peter H. Kirwan, Dept. 19 23 vs. STIPULATION AND MPGSEB ORDER 24 BBVA USA, an Alabama Corporation; REGARDING JUDGE KIRWAN’S MAHMOUD ALAEDDIN, an individual; and FINDINGS AT THE AUGUST 13, 2021 25 DOES 1 TO 30, inclusive, INFORMAL DISCOVERY CONFERENCE 26 Defendants. Action Filed: December 28, 2020 27 Trial Date: None Set gEVVI 28 4853-3003-7331 1 BRISBOI STIPULATION AND PROPOSED ORDER REGARDING JUDGE KIRWAN’S FINDINGS AT THE AUGUST 13, §q q ' J F 202} INFORMAL DISCOVERY CONFERENCE gEWI BRISBOI S n14. no. \OWQG\UIAMNH NNNNNNNNNHHHHHHHHHH WQO\UIAMNH©©®\IO\UIbDJNH© This Stipulation is made by and between PlaintiffKIMBERLY DOE (“Plaintiff”), Defendant BBVA USA (“BBVA”) and Defendant MAHMOUD ALAEDDIN (“Alaeddin”), through their attorneys 0f records, (collectively, the “Parties”).w WHEREAS, the Parties had various discovery disputes regarding Defendant BBVA’s entitlement t0 (1) subpoena Plaintiff’s medical records evidencing her treatment for her alleged emotional distress, (2) the names 0f Plaintiff’s medical providers, (3) Plaintiffs testimony regarding her divorce and traumatic events that caused her significant emotional distress which pre-date her employment with BBVA and (4) Plaintiffs Instagram account, which she recently switched from public t0 private. WHEREAS, Defendant BBVA filed a Motion t0 Compel Plaintiffs Further Responses t0 Special Interrogatory N0. 1 0n June 6, 2021 and the Court set a hearing 0n that motion for September 13, 2021. WHEREAS, the Parties agreed t0 submit their discovery dispute t0 Judge Kirwan by attending an Informal Discovery Conference and submit a written stipulation and order for any resolution reached at the Informal Discovery Conference. WHEREAS, the parties attending the Informal Discovely Conference with Judge Kirwan 0n August 13, 2021 at 1:30 p.m. and reached a resolution 0n the following: S_TIPULATION AND AGREEMENT The Parties stigulate as fqllows: 1. Jaimi Taylor’s (Marriage and Family Therapist) medical records related t0 Plaintiff between June 6, 2016 and May 3 1, 2020 are discoverable. Plaintiff will withdraw her objection t0 the subpoena and take all reasonable steps t0 ensure her records get released, including, but not limited t0, signing a HIPAA form authorizing release 0f these records t0 BBVA. These records will be marked “CONFIDENTIAL” pursuant t0 the Parties’ Stipulated Protective Order. Defendants may question Plaintiffabout her medical treatment for her alleged emotional distress through written discovery and at her deposition. 4853-3003-7238‘1 2 STIPULATION AND PROPOSED ORDER REGARDING JUDGE KIRWAN'S FINDINGS AT THE AUGUST 13, 2021 INFORMAL DISCOVERY CONFERENCE kEWI BRISBOI - ·- - . . - 1 2. Plaintiffs treatment related to her mental condition and any events that caused 2 significant emotional distress from three years prior to her employment with Defendant BBV A to 3 the date her emotional distress claim ended (from June 5, 2016 to May 31, 2020) are discoverable. 4 Defendant may serve interrogatories requesting the identify of Plaintiffs health care professionals 5 who provided her with treatment for her emotional condition and/or psychological illness for this 6 time period and Plaintiff must provide a response to these interrogatories without delay. 7 3. Plaintiff will serve a verified further response to Defendant BBVA's Special 8 Interrogatory No. I to make clear that she is not claiming any physical injuries related to her 9 claims against Defendants and list any medical providers other than Jamie Taylor with whom 10 Plaintiff sought treatment for her emotional distress allegedly caused by Defendants or state that 11 Plaintiff has only sought treatment with Ms. Taylor. If she so amends, Plaintiffs medical records 12 and identifying information regarding her medical treatment related to her physical ailments that 13 she does not contend caused her significant emotional distress are not discoverable. 14 4. The intimate events of Plaintiffs marriage and divorce are private and not discoverable. 15 However, any events that occurred within tlu-ee years prior to Plaintiffs employment with 16 Defendant BBVA (from June 5, 2016 to May 31, 2020) that caused Plaintiff significant emotional 17 distress are discoverable, even if they happened to occur while she was married or going through a 18 divorce. 19 20 21 22 23 24 25 26 27 28 5. Plaintiffs Instagram must be switched back to public and Plaintiff must not delete any posts from her Instagram or her personal blog/website during the pendency of this litigation. Alternately, Plaintiff may produce an electronic download of her Instagram archive pursuant to the instructions set forth in Defendant BBVA's Request for Production, Set One, No. 3. 6. After the pmiies sign and file this stipulation, the September 13, 2021 hearing date on Defendant BBVA's pending Motion to Compel Fmiher Responses will be taken off calendar. IT IS SO STIPULATED. 4853-3003-7238. I STIPULATION AND PROPOSED ORDER REGARDING JUDGE KIRWAN'S FINDINGS AT THE AUGUST !3, 2021 INFORMAL DISCOVERY CONFERENCE 3 §EWI BRISBOI S kMN UI 10 ll 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 DATED: August 24, 2021 DATED: August2_5_, 2021 DATED: “E w 3."! ,2021 4853-3003-7215“ STIPULA’I‘ION AND PROPOSED ORDER REGARDING JUDGE KIRWAN’S FINDINGS AT THE AUGUST 13, LEWIS BRISBOIS BISGAARD & SMITH LLP By: mm Joseph R. Lordan Allison L. Cardenas Attorneys for Defendant BBVA USA BROWN GEE & WENGER 9M mm David Marchiano Attornevs for Defendant Mahmoud Alaeddin FARLING, HECHTMg/QAMYIS, LLP // z"w ,_.\ By: \\L€M K. Davis Attorneys for PlaintiffKimberlv Doe 4 2021 INFORMAL DISCOVERY CONFERENCE EEWI BRISBOI S Omh-JGNUIKDJNH NNNHHHh-th-Ar-Hr-AHH agggggNHcemqamthH¢ ORDER GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Proposed Order regarding Judge Kirwan’s findings at the August 13, 2021 Informal Discovery Conference. IT IS SO ORDERED. DATED: , 2021 Hon. Peter H. Kirwan 4853-3003-7238. I 5 STIPULATION AND PROPOSED ORDER REGARDING JUDGE KIRWAN’S FINDINGS AT THE AUGUST 13, 2021 INFORMAL DISCOVERY CONFERENCE Signed: 8/31/2021 11:39 AM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALIFORNIA STATE COURT PROOF OF SERVICE Kimberly Doe v. BBVA USA, et al. Santa Clara Superior, Case N0. 20CV373869 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA At the time of service, I was over 18 years 0f age and not a party to this action. My business address is 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872. On August 25, 2021, I served true copies 0f the following document(s): STIPULATION AND PROPOSED ORDER REGARDING JUDGE KIRWAN’S FINDINGS AT THE AUGUST 13, 2021 INFORMAL DISCOVERY CONFERENCE I served the documents on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable): TODD K. DAVIS Attorneysfor Plaintiffi Kimberly Doe Farling, Hecht & Davis, LLP 96 North Third Street, Suite 660 Telephone: 408.295.6100 San Jose, CA 951 12 Facsimile: 408.299.0396 Email: todd@fl1dllp.com todd@farlinghechtanddavis.com maeren@farlin2hechtanddavis.com David M. Marchiano Attorneysfor Mahmoud Alaeddin Brown Gee & Wenger 200 Pringle Avenue, Suite 400 Telephone: 925-943-5000 Walnut Creek, CA 94596 Email: dmarchian0@bgwcounsel.com tDico@b2Wcounsel.com The documents were served by the following means: E (BY ELECTRONIC SERVICE VIA FIRST LEGAL) Based 0n a court order, I caused the above-entitled document t0 be served through First Legal at https://firstlegal.com addressed t0 all parties appearing on the electronic service list for the above-entitled case. The service transmission was reported as complete and a copy 0f the First Legal Filing Receipt Page/Confirmation will be filed, deposited, or maintained with the original document in this office. I declare under penalty of perjury under the laws 0f the State of California that the foregoing is true and correct. Executed on August 25, 2021, at Antioch, California. 3-374 Berenice Barragan 4848-2316-7241 6 PROOF OF SERVICE