Trustees of The Operating Engineers Pension Trust et al v. Smith-Emery Company

Filing 34

PROTECTIVE ORDER by Magistrate Judge Victor B. Kenton re Stipulation for Protective Order, 33 . (rp)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. SMITH-EMERY COMPANY, a California corporation, Defendant. On May 7, 2010, Plaintiffs, Trustees of the Operating Engineers Pension Trust, et al. (the "Trustees") served on non-party, Los Angeles Unified School District ("LAUSD") a subpoena ("Subpoena") requesting production of unredacted certified payroll records ("Unredacted CPRs") prepared by Defendant Smith-Emery Company ("Smith-Emery"). The Unredacted CPRs contain Smith-Emery's employees' names, addresses, and social security numbers ("Identification Information"). Although this TRUSTEES OF THE OPERATING ENGINEERS PENSION TRUST, TRUSTEES OF THE OPERATING ENGINEERS HEALTH AND WELFARE FUND, TRUSTEES OF THE OPERATING ENGINEERS VACATION-HOLIDAY SAVINGS TRUST and TRUSTEES OF THE OPERATING ENGINEERS TRAINING TRUST, Plaintiffs, CASE NO.: CV 09-1476 CAS (VBKx) Discovery Issues Assigned to the Honorable Victor B. Kenton PROTECTIVE ORDER UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Identification Information is confidential in nature, the Trustees require the
PROTECTIVE ORDER 307776

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information in order to calculate fringe benefit contributions allegedly owed by SmithEmery. IT IS HEREBY ORDERED, pursuant to the "Stipulation for Protective Order" entered into by and among the Trustees and the LAUSD, and good cause appearing therefore: 1. The LAUSD shall produce the Unredacted CPRs requested in the

Subpoena within 30 days of the issuance of this order. 2. The Trustees shall not furnish, show, disclose or otherwise disseminate

the Unredacted CPRs to any person except to: (a) the Trustees, their agents and employees; (b) counsel for the Trustees and office personnel assisting counsel in the preparation and trial of this action; and (c) experts and consultants who are assisting said counsel in preparation and/or trial. The Trustees shall require any person(s) identified in subparagraphs (a) through (c) to be bound to this order. 3. The Unredacted CPRs may only be used for the purpose of calculating,

collecting and allocating fringe benefit contributions allegedly owed by Smith-Emery to the Trustees for work performed by employees of Smith-Emery. The Unredacted CPRs may not be used for any other purpose by anyone, including those persons identified in Paragraph 2 herein. 4. The Unredacted CPRs produced pursuant to the Subpoena shall be

maintained in the possession and control of the Trustees and the Trustees' counsel in such a manner that the information is not accessible to individuals not bound by this order. 5. Unless the Court orders otherwise, the Trustees may only file the

Unredacted CPRs with the Court after obtaining an order to seal pursuant to Local Rules 79-5.1 ­ 79-5.4. 6. The Trustees may redact the Unredacted CPRs by blocking out the first

names, addresses and first six digits of the social security numbers contained therein. The redacted CPRs, containing no first names, no addresses and which list only the
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last four digits of the social security numbers may be provided to all third parties and may be filed with the Court without an order to seal. 7. In the event that the Trustees are ordered by a court or any state, federal

or governmental unit to produce the Unredacted CPRs, they shall provide reasonable notice to the LAUSD, through their counsel, of that court order or command, so as to allow the LAUSD to file an appropriate opposition to such order or command. 8. The terms of this Order shall remain in full force and effect and shall not

cease to be in effect because of the final adjudication of this litigation. 9. Upon resolution of this action in trial court, the Unredacted CPRs shall be

held by Trustees' counsel pending final resolution of this litigation by appeal or otherwise. Within six (6) months after such final resolution, the Unredacted CPRs shall be shredded by the Trustees' counsel. The Trustees' counsel shall give the LAUSD, through its counsel, notice when the Unredacted CPRs have been shredded.

DATED: _May 26, 2010_

______________/s/_____________________ UNITED STATES DISTRICT COURT MAGISTRATE JUDGE

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