Glenn Dickerson et al v. Electrolux Incorporated et al

Filing 54

STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION by Judge Manuel L. Real re Joint MOTION for Protective Order 53 (im)

-JEM Glenn Dickerson et al v. Electrolux Incorporated et al

Doc. 54

1 DARREL J. HIEBER (CA SBN 100857) [e-mail] 2 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 300 South Grand Avenue 3 Los Angeles, CA 90071 Tel.: [phone] Fax: [phone] JOHN H. BEISNER (CA SBN 081571) [e-mail] 6 JESSICA D. MILLER (pro hac vice) [e-mail] 7 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 1440 New York Avenue, N.W. 8 Washington, D.C. 20005 Tel.: [phone] Fax: [phone] J. RUSSELL JACKSON (pro hac vice) [e-mail] 11 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 4 Times Square 12 New York, NY 10036 Tel.: [phone] Fax: [phone] Attorneys for Defendant ELECTROLUX HOME PRODUCTS, INC. 15 IN THE UNITED STATES DISTRICT COURT 16 CENTRAL DISTRICT OF CALIFORNIA 17 WESTERN DIVISION 18 GLENN AND DEIRDRE CASE NO.: CV-10-5163-R-(JEMx) DICKERSON, TAMMY FOX19 ISICOFF, JOHN AND SAMANTHA EDDY, GARY FRUTKOFF, 20 DANIEL AND SHELENA STIPULATED PROTECTIVE ORDER HUNTER, CHARLES AND GOVERNING CONFIDENTIAL 21 ROSEMARY OVERLY, STEVE INFORMATION AND JENNIFER SCHRODER, AND 22 ISAAC AND GAIL WALKOVER, individually and on behalf of all 23 others similarly situated, Hon. Manuel L. Real Action Filed: July 14, 2010 24 Plaintiffs, 25 v. 26 ELECTROLUX HOME PRODUCTS, INC., 27 Defendant. 28 1
[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION

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[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION Plaintiffs Glenn and Deirdre Dickerson, Tammy Fox-Isicoff, John and

4 Samantha Eddy, Gary Frutkoff, Daniel and Shelena Hunter, Charles and Rosemary 5 Overly, Steve and Jennifer Schroder, and Isaac and Gail Walkover and Defendant 6 Electrolux Home Products, Inc. ("Electrolux"), through their attorneys, have 7 stipulated and agreed to the entry of this Stipulated Protective Order to govern the 8 limitation of disclosure of certain information to be produced in this litigation that 9 contains trade secrets or other confidential research, development, or sensitive 10 commercial information. Accordingly, the Court finds that good cause supports the 11 entry of this Stipulated Protective Order. 12 IT IS HEREBY ORDERED, pursuant to Rule 26 of the Federal Rules of Civil

13 Procedure, that the information, testimony, documents and other things, including 14 the substance and content thereof, produced or otherwise disclosed by any party or 15 non-party in discovery in this litigation shall be subject to the terms and provisions 16 of this Stipulated Protective Order as set forth below. 17 Subject to and without waiving any objections any party may have as to the

18 discoverability of any information, and without waiving any objections or legal 19 claims any party may have (including but not limited to any objections or legal 20 claims arising out of the acquisition, retention, or other handling of documents 21 containing confidential or proprietary information), and solely for the purpose of 22 providing procedures for the handling and protection of "Confidential Information" 23 as defined herein, the parties to this action hereby agree on the following procedures 24 for handling such Confidential Information. 25 The parties hereby agree that access to and use of such documents, things and

26 information shall be governed and limited by the provisions of this Stipulated 27 Protective Order as set forth herein, subject to the approval of the Court. 28 2
[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION

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A.

DEFINITION OF CONFIDENTIAL INFORMATION

Confidential Information, as used herein, means any type or classification of

3 information, whether it be a document, information contained in a document, 4 information revealed during a deposition, information revealed in an interrogatory 5 answer, or otherwise, which (i) is designated when it is produced as "Confidential" 6 by the supplying party. In designating information as Confidential Information, the 7 party so designating will make such designation only as to that information which 8 has not been made public or published that contains trade secret, confidential, 9 private, and/or proprietary information. By designating a document, thing, material, 10 testimony or other information Confidential Information, under the terms of this 11 Order, the party making the designation is certifying to the Court that there is a good 12 faith basis both in law and in fact for the designation within the meaning of Federal 13 Rule of Civil Procedure 26(g). 14 If a party considers any document, information or thing that the other party 15 possesses by means other than its production pursuant to discovery in this action to 16 be Confidential Information, the party which considers such document, information 17 or thing to be Confidential Information shall notify the other party of the designation. 18 If the parties cannot agree whether such document, information or thing constitutes 19 Confidential Information, the party which considers the document, information or 20 thing to be Confidential Information shall bear the burden of seeking relief from the 21 Court within 30 days after the parties meet and confer, during which period the 22 document, information or thing will be treated as Confidential Information. 23 24 25 B. PROCEDURE FOR DESIGNATING MATERIAL AS CONFIDENTIAL INFORMATION 1. Confidential Information shall include all documents provided by

26 a party which have been designated as Confidential Information by marking the 27 page: "CONFIDENTIAL." In lieu of marking the original of documents, the party 28 may mark the copies that are produced or exchanged. 3
[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION

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2.

The identification of information as Confidential Information by

2 a supplying party shall be made at a time when an answer to an interrogatory or an 3 answer to a request for admission is served, when a copy of a document is provided 4 to the other party, and when an inspection of premises or tangible things is made. 5 3. Information provided by oral testimony given in a deposition may 6 be designated as Confidential Information by indicating on the record at the 7 deposition the testimony which the designating party claims is Confidential 8 Information. Subject to the provisions of this Order, no Confidential Information 9 may be read by anyone other than a Qualified Person. The parties will inform the 10 court reporter who is stenographically recording said testimony to mark those 11 portions of the testimony they assert is Confidential Information. The party that 12 requests a portion of the deposition testimony be marked as Confidential Information 13 shall pay all amounts that the court reporter charges for marking portions of the 14 deposition transcript as Confidential Information. 15 4. In the event a designation is challenged, the parties shall attempt 16 to resolve the dispute in good faith on an expedited and informal basis. If the 17 challenge cannot be informally resolved within five (5) business days of a party's 18 written challenge to the designation, the designating party will move for an 19 appropriate ruling upon filing a formal motion from this Court within ten (10) 20 business days of the written challenge. The material shall continue to be treated as 21 Confidential Information until the expiration of ten (10) business days from the date 22 of the challenging party's written challenge to the designation. If a motion is made 23 by the designating party, the material will continue to be treated as Confidential 24 Information until the Court rules. The party requesting Confidential Information 25 treatment shall have the burden of establishing that designation under California 26 law. If no motion is made, the challenged Confidential Information shall lose its 27 status as Confidential Information. 28 4
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C.

QUALIFIED PERSONS WITH ACCESS TO CONFIDENTIAL INFORMATION 1. Information or material designated as Confidential Information,

4 or copies or extracts therefrom and compilations and summaries thereof, may be 5 disclosed, summarized, described, characterized, or otherwise communicated or 6 made available in whole or in part only to the following Qualified Persons: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) counsel of record of parties in this action and their

related entities and regular and temporary employees of such counsel to whom it is necessary that the information or material be shown for the purposes of this litigation, and defendant's in-house counsel; (b) a party, or a present or former officer, director,

employee, of a party deemed necessary by counsel to aid in the prosecution, defense, or settlement of this action; (c) consultants and experts retained or employed to

assist the attorneys of named parties in the prosecution, defense, or settlement of this action; (d) court reporters and videographers employed in

connection with this action; (e) graphics or design services retained by counsel for a

party for the sole purposes of preparing demonstrative or other exhibits for deposition, trial, or other court proceedings in this action, subject to and conditioned upon compliance with Section D herein; (f) non-technical jury or trial consulting services

retained by counsel for a party, subject to and conditioned upon compliance with Section D herein; and (g) any other person only upon order of the Court or

upon prior written consent of the party who designated the information or material Confidential Information, subject to and conditioned upon 5
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compliance with Section D herein. 2. All persons listed in Section C(1)(c), (e), (f) and (g) above may

3 be given access to information or material designated as Confidential Information 4 provided that they first confirm their understanding and agreement to abide by the 5 terms of this Stipulated Protective Order by completing and signing a copy of an 6 undertaking in the form attached hereto as Exhibit A. However, as to deposition 7 witnesses, a party's attorney may show a witness, who comes within the description 8 of Section C(1)(b) above, this Stipulated Protective Order and Exhibit A thereto and 9 have them orally agree to Exhibit A. 10 3. Any person may be examined as a witness during a deposition 11 concerning any information or material designated as Confidential Information to 12 which that person had lawfully received or authored prior to and apart from this 13 action. During examination, any such witness may be shown information or material 14 designated as Confidential Information by a party which appears on its face or from 15 other documents or testimony to have been received or authored by that witness 16 from, or communicated to that witness by, that same party or otherwise appears on 17 its face to contain information about which it appears reasonably likely that the 18 witness has discoverable information, provided that the examining party's attorney 19 may show a witness, who comes within the description of Section C(1)(b) above, this 20 Stipulated Protective Order and Exhibit A thereto and have them orally agree to 21 Exhibit A. 22 23 24 D. RESTRICTIONS ON THE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION 1. Any information designated as Confidential Information shall not

25 be made available or disclosed to any person other than the Qualified Persons 26 identified in Section C. Persons who, by virtue of the conduct of this litigation, have 27 knowledge of the designated Confidential Information shall not offer or permit its 28 disclosure or that of any information obtained, derived, compiled, or ascertained 6
[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION

1 therefrom, to any person or persons not entitled under this Stipulated Protective 2 Order to receive such information. 3 2. Disclosure of all items designated as Confidential Information in 4 this action shall be solely for the purposes of this action, United States District Court, 5 Central District of California, Case No. CV-10-5163-R-(JEMx), unless and until 6 such designation is removed either by stipulation by attorneys for the named parties 7 or by order of the Court. 8 3. With respect to information designated as Confidential 9 Information, no copies of documents, testimony, or other information shall be 10 received, kept, or maintained by individuals other than the Qualified Persons as 11 defined above. 12 4. Any document designated as Confidential Information shall be 13 filed with the Court only if it is under seal. Any party wishing to file under seal any 14 document or other item designated Confidential Information shall do so in 15 compliance with Civil Local Rule 79-5.1. 16 5. In the event an attorney to this litigation seeks to show any 17 documents or other information designated as Confidential Information to anyone 18 other than a Qualified Person, that attorney shall first advise opposing counsel at 19 least five (5) business days in advance, and seek to reach an informal resolution of 20 such matters. In the event that agreement cannot be reached, the party seeking to 21 show the Confidential Information shall apply to the Court for relief from this 22 Stipulated Protective Order. 23 24 E. NON-APPLICABILITY TO THE TRIAL OF THIS ACTION The terms of this Order shall continue to apply during the time period in

25 which the trial of this action occurs, but shall not apply to the trial itself. Any party 26 may, at or before the time of trial, seek an Order of the Court to restrict access to 27 particular documents or testimony in the trial. 28 7
[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION

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F.

NO ADMISSION OR WAIVERS The execution of this Order shall not: 1. constitute a waiver of any party's right to seek from the Court at a

4 future time an order which provides greater, lesser or no restriction of access to 5 Confidential Information; or 6 2. be construed as an admission or agreement that any information 7 designated as Confidential Information is, in fact, confidential or otherwise entitled 8 to any protective relief whatsoever. 9 10 G. INADVERTENT DISCLOSURE Inadvertent disclosure of documents or information claimed to be

11 privileged or protected by the producing party shall be treated according to the 12 requirements of FRCP 26(b)(5)(B). 13 14 H. RETURN OR DESTRUCTION OF DOCUMENTS 1. Within sixty (60) calendar days of final termination of this

15 litigation, the parties and their attorneys shall return to the producing party or its 16 counsel all Confidential Information produced pursuant to this Stipulated Protective 17 Order, and all summaries, reproductions, notes, extracts and excerpts therefrom. The 18 parties shall further request all of their witnesses, potential witnesses, experts and 19 consultants to return, and such persons shall be obligated to return, all Confidential 20 Information produced or disclosed to them pursuant to this Stipulated Protective 21 Order, and all notes, reproductions, summaries, extracts and excerpts prepared 22 therefrom. Alternatively, the parties, their counsel, witnesses, potential witnesses , 23 experts and consultants may certify to the producing party within the same period 24 that the "Confidential Information" in every form produced or recorded has been 25 destroyed. 26 2. To the extent that Confidential Information becomes known to 27 other than Qualified Persons, is published or becomes known to the public, 28 documents and things that contain Confidential Information will not have to be 8
[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION

1 returned or destroyed as stated in Section H(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 9
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CONFIDENTIALITY DECLARATION I hereby declare that I am to receive information, designated as Confidential

3 Information pursuant to the terms of the Stipulated Protective Order Governing 4 Confidential Information entered the _____ day of ___________, 2011, in the case 5 styled Dickerson et al. v. Electrolux Home Products, Inc., Case No. CV-10-5163-R6 (JEMx), pending in the United States District Court for the Central District of 7 California. I further declare that I have read a copy of the Stipulated Protective 8 Order Governing Confidential Information, and I agree to be bound by all terms set 9 forth therein. I acknowledge my obligation to return or destroy all Confidential 10 Information in accordance with Section H thereof, and I hereby submit to the 11 jurisdiction of the aforesaid Court for the limited purpose of any proceeding to 12 enforce the terms of the Stipulated Protective Order Governing Confidential 13 Information. 14 15 16 _____________________ Date Signed 17 18 19 20 21 22 23 24 25 26 27 28 10
[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION

_____ ______________________ Declarant's Signature ___________________________ Printed Name ___________________________ Address ___________________________ City, State, Zip Code

1 AGREED MARCH 16, 2011: 2 3 s/ Stuart M. Eppsteiner EPPSTEINER & FIORICA 4 ATTORNEYS, LLP 5 Stuart M. Eppsteiner (CA SBN 098973) Andrew J. Kubik (CA SBN 246902) 6 12555 High Bluff Dr., Ste. 155 7 San Diego, CA 92130 Tel.: [phone] Fax: [phone] [e-mail] [e-mail] 10 11 Attorneys for Plaintiffs 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dated: __March 17, 2011_ 27 28 IT IS SO ORDERED.

s/ J. Russell Jackson SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Darrel J. Hieber (CA SBN 100857) 300 South Grand Ave., N.W. Los Angeles, CA 90071 Tel.: [phone] Fax: [phone] [e-mail] John H. Beisner (CA SBN 081571) Jessica D. Miller (pro hac vice) 1440 New York Ave., N.W. Washington, D.C. 20005 Tel.: [phone] Fax: [phone] [e-mail] [e-mail] J. Russell Jackson (pro hac vice) 4 Times Square New York, NY 10036 Tel.: [phone] Fax: [phone] [e-mail] Attorneys for Defendant ELECTROLUX HOME PRODUCTS, INC.

__________________________ Hon. Manuel L. Real UNITED STATES DISTRICT COURT JUDGE 11

[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION

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CERTIFICATE OF SERVICE I hereby certify that on March 16, 2011, a copy of the foregoing [Proposed]

3 Stipulated Protective Order Governing Confidential Information was filed 4 electronically through the Court's electronic filing system, which will send notice of 5 this filing to counsel for the parties. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12
[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION

s/ J. Russell Jackson One of the Attorneys for Defendant