United States of America v. Horizon Lines LLC et al

Filing 119

MODIFIED PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson, re Stipulation 118 . See document for details. (gk)

1
2
3
4
5
6

8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
S AN F RANCISCO

A TTORNEYS A T L AW

G OODIN , M AC B RIDE , S QUERI , D AY & L AMPREY , LLP

7

12
13
14
15

UNITED STATES OF AMERICA ex
rel. Mario RIZZO,
Plaintiff,
v.

Case No. 2:10-CV-07409-PA-AJW
MODIFIED PROTECTIVE ORDER
CONCERNING CONFIDENTIAL
INFORMATION

HORIZON LINES, LLC, et al.,
Defendants.

16
17
18

The Court enters the following modified protective order:

19

1.

In connection with discovery proceedings in this action, any party to

20

this action and any non-party that produces material in disclosures or responses to

21

discovery in this matter (“Producing Party”) may designate any document, thing,

22

material, testimony or other information derived therefrom, as “Confidential” under

23

the terms of this Modified Protective Order (hereinafter “Order”). Confidential

24

information is trade secrets, proprietary information, and other highly confidential

25

commercial information, or material required to be kept confidential by state or

26

federal law.

27
28

2.

By designating a document, thing, material, testimony or other

information derived therefrom as “Confidential” under the terms of this Order, the
Case No. 2:10-CV-07409-PA-AJW

MODIFIED PROTECTIVE ORDER

1

Producing Party making the designation is certifying to the Court that there is a

2

good faith basis in law and in fact for the designation within the meaning of Federal

3

Rule of Civil Procedure 26(g).

4

3.

Confidential documents shall be so designated by stamping copies of

the legend “CONFIDENTIAL” on the cover of any multipage documents shall

7

designate all pages of the document as confidential, unless otherwise indicated by

8

the Producing Party.

9

4.

Testimony taken at a deposition may be designated as confidential by

10

making a statement to that effect on the record at the deposition. Arrangements

11
S AN F RANCISCO

A TTORNEYS A T L AW

the document produced to a party with the legend “CONFIDENTIAL.” Stamping

6

G OODIN , M AC B RIDE , S QUERI , D AY & L AMPREY , LLP

5

shall be made with the court reporter taking and transcribing such deposition to

12

separately bind such portions of the transcript containing information designated as

13

confidential, and to label such portions appropriately.

14

5.

Material designated as confidential under this Order, the information

15

contained therein, and any summaries, copies, abstracts, or other documents derived

16

in whole or in part from material designated as confidential (hereinafter

17

“Confidential Material”) shall be used only for the purpose of the prosecution,

18

defense, or settlement of this action, and for no other purpose.

19

6.

Confidential Material produced pursuant to this Order may be

20

disclosed or made available only to the Court, to counsel for a party this action

21

(including the paralegal, clerical, and secretarial staff employed by such counsel),

22

and to the “qualified persons” designated below:

23

(a)

a party to this action, or an officer, director, or employee of a

24

party to this action deemed necessary by counsel to aid in the

25

prosecution, defense, or settlement of this action;

26

(b)

experts or consultants (together with their clerical staff) retained

27

by such counsel to assist in the prosecution, defense, or settlement of

28

this action;
Case No. 2:10-CV-07409-PA-AJW

-2-

MODIFIED PROTECTIVE ORDER

1

(c)

court reporter(s) employed in this action;

2

(d)

a witness at any deposition or other proceeding in this action;

3

and

4

(e)

any other person as to whom the parties in writing agree.

provided with a copy of this Order and shall execute a nondisclosure agreement in

7

the form of Attachment A, a copy of which shall be provided forthwith to counsel

8

for each other party and for the parties.

9
10

7.

Only qualified persons may attend depositions at which Confidential

Material is used or discussed.

11
S AN F RANCISCO

A TTORNEYS A T L AW

Prior to receiving any Confidential Material, each “qualified person” shall be

6

G OODIN , M AC B RIDE , S QUERI , D AY & L AMPREY , LLP

5

8.

The Producing Parties may further designate certain discovery material

12

or testimony of a highly confidential and/or proprietary nature as

13

“CONFIDENTIAL – ATTORNEY’S EYES ONLY” (hereinafter “Attorney’s Eyes

14

Only Material”), in the manner described in paragraphs 2 and 3 above. Attorney’s

15

Eyes Only Material, and the information contained therein, shall be disclosed only

16

to the Court, to counsel for the parties in this action (including the paralegal,

17

clerical and secretarial staff employed by such counsel), and to the “qualified

18

persons” listed in subparagraphs 6(b) through (e) above, but shall not be disclosed

19

to a party, or to an officer, director or employee of a party, unless otherwise agreed

20

or ordered. If disclosure of Attorney’s Eyes Only Material is made pursuant to this

21

paragraph, all other provisions in this order with respect to confidentiality shall also

22

apply.

23

9.

Nothing herein shall impose any restrictions on the use or disclosure

24

by a party of material obtained by such party independent of discovery in this

25

action, whether or not such material is also obtained through discovery in this

26

action, or from disclosing its own Confidential Material as it deems appropriate.

27
28

10.

If Confidential Material, including any portion of a deposition

transcript designated as Confidential or Attorney's Eyes Only, is included in any
Case No. 2:10-CV-07409-PA-AJW

-3-

MODIFIED PROTECTIVE ORDER

1

papers to be filed with the Court, such papers shall be accompanied by an

2

application to (a) file the confidential portions thereof under seal (if such portions

3

are segregable), or (b) file the papers in their entirety under seal (if the confidential

4

portions are not segregable). The application shall be directed to the judge to whom

5

the papers are directed. Pending the ruling on the application, the papers or

6

portions thereof subject to the sealing application shall be lodged under seal.
11.

This Order shall be without prejudice to the right of the parties (i) to

8

bring before the Court at any time the question of whether any particular document

9

or information is confidential or whether its use should be restricted or (ii) to

10

present a motion to the Court under Fed. R. Civ. P. 26(c) for a separate protective

11
S AN F RANCISCO

A TTORNEYS A T L AW

G OODIN , M AC B RIDE , S QUERI , D AY & L AMPREY , LLP

7

order as to any particular document or information, including restrictions differing

12

from those as specified herein. This Order shall not be deemed to prejudice the

13

parties in any way in any future application for modification of this Order.

14

12.

This Order is entered solely for the purpose of facilitating the

15

exchange of documents and information between the parties to this action without

16

involving the Court unnecessarily in the process. Nothing in this Order nor the

17

production of any information or document under the terms of this Order nor any

18

proceedings pursuant to this Order shall be deemed to have the effect of an

19

admission or waiver by either party or of altering the confidentiality or

20

nonconfidentiality of any such document or information or altering any existing

21

obligation of any party or the absence thereof.

22
23
24
25
26
27
28
Case No. 2:10-CV-07409-PA-AJW

-4-

MODIFIED PROTECTIVE ORDER

1

13.

This Order shall survive the final termination of this action, to the

become known to the public, and the Court shall retain jurisdiction to resolve any

4

dispute concerning the use of information disclosed hereunder. Upon termination of

5

this case, counsel for the parties to this action shall assemble and return to each

6

other all documents, material and deposition transcripts designated as confidential

7

and all copies of same, or shall certify the destruction thereof.

8

IT IS SO ORDERED.

9
10

Dated: December 23, 2013

11
S AN F RANCISCO

A TTORNEYS A T L AW

extent that the information contained in Confidential Material is not or does not

3

G OODIN , M AC B RIDE , S QUERI , D AY & L AMPREY , LLP

2

Percy Anderson
UNITED STATES DISTRICT JUDGE

12
13
14

3405/001/X158098.v1

15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 2:10-CV-07409-PA-AJW

-5-

MODIFIED PROTECTIVE ORDER

1
2
Attachment A

3

Nondisclosure Agreement

4
5
6

8
9
10
11
S AN F RANCISCO

A TTORNEYS A T L AW

G OODIN , M AC B RIDE , S QUERI , D AY & L AMPREY , LLP

7

12
13
14

I, ___________________, do solemnly swear that I am fully familiar with
the terms of the Modified Protective Order Concerning Confidential Information
entered in United States ex rel. Rizzo v. Horizon Lines, LLC, et al., United States
District Court for the Central District of California, Civil Action No. CV 10-7409
PA (AJWx), and hereby agree to comply with and be bound by the terms and
conditions of said Order unless and until modified by further Order of the Court. I
hereby consent to the jurisdiction of the Court for purposes of enforcing this
nondisclosure agreement.
Dated:

_____________________

15
16

[Name of Signator Typed]

17
18
19
20
21
22
23
24
25
26
27
28
Case No. 2:10-CV-07409-PA-AJW

-6-

MODIFIED PROTECTIVE ORDER