Robert Jones v. Shred-It USA Inc et al

Filing 21

STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION by Magistrate Judge Frederick F. Mumm: NOTE CHANGES MADE BY COURT: (See attached) (jm)

-FFM Robert Jones v. Shred-It USA Inc et al

Doc. 21

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REVISED PROPOSED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (Case No. 2:11-CV-00526 SVW (FFMx))
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ROBERT JONES, on behalf of himself, all others similarly situated, and the aggrieved employees under the Labor Code Private Attorneys General Act of 2004, Plaintiff, vs SHRED-IT USA, INC., a Delaware corporation; SHRED-IT INTERNATIONAL, INC., a corporation organized under the laws of Canada; SHRED-IT CANADA CORPORATION, a corporation organized under the laws of Canada; SECURIT INFORMATION SECURITY, a corporation organized under the laws of Canada; and DOES 1 through 50, inclusive, Defendants.

Case No.: 2:11-CV-00526 SVW (FFMx) PROPOSED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION DISCOVERY MATTER CLASS ACTION State Action Filed: 12/14/10 Removal Date: 1/18/11 NOTE CHANGES MADE BY COURT

In the course of discovery in this proceeding, Defendant Shred-It USA, Inc., by and through its attorneys, Sarah Mott of Hanson Bridgett LLP and Gregory Pinski of Conner & Pinski, PLLP, and Plaintiff Robert Jones, by and through his attorneys, David Spivak of The Spivak Law Firm and other attorneys working with

Dockets.Justia.com

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him, hereafter referred to as the "designated parties," will produce or receive certain confidential, proprietary information and documentation in Defendant's possession. The designated parties intend that this information be kept confidential and not be used for any purpose other than in this action. It therefore is ORDER AS FOLLOWS: 1. Confidential information is defined by the parties as (a) a trade secret,

which specifically includes but is not limited to financial and customer information, (b) proprietary information created by Defendant for business purposes, (c) private personal information or (d) personnel records of any individual. Confidential information may be designated by any party as being subject to the provisions of this Stipulated Protective Order Regarding Confidential Information ("Stipulated Protective Order"). 2. This Stipulated Protective Order shall govern all documents, things,

information and other materials provided or produced in connection with this litigation, whether provided informally or produced pursuant to a formal discovery request or subpoena. 3. Any designated party shall have the right to designate as

"CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" any documents or information provided by or produced by it, or provided to or produced to it, in connection with this litigation that it reasonably believes to constitute proprietary information, confidential business or financial information, and/or trade secrets relating to its business, and/or information in which the designating party or third parties might have a privacy interest, or any other information as to which disclosure could cause unnecessary harm or annoyance. For any documents designated "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" the parties agree to meet promptly to attempt to resolve any objections to such designation. 4. Any document or tangible thing designated as confidential information -22897055.1

REVISED PROPOSED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (Case No. 2:11-CV-00526 SVW (FFMx))

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that is identified as an exhibit in connection with testimony given in these proceedings will be marked with the label "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY," as appropriate, and any testimony concerning the document or thing will also be considered confidential information and will be subject to the terms of this Stipulated Protective Order. (FFM) 5. The producing party shall, in the first instance, determine in good faith

whether the documents produced are confidential as defined herein, and shall so identify the documents, or any part thereof, by affixing an appropriate physical designation to it, or by such other means that are reasonably calculated to provide such identification. Documents and discovery responses that contain confidential information, but which have been produced by mistake without a confidential designation, shall be subject either to subsequent redaction or being designated and marked as containing confidential information, provided the producing party does so within 45 days of the production. Within five (5) days of the receipt of substitute copies, the receiving party shall return or destroy the previously unmarked items and all copies thereof, and shall provide to the producing party a certificate reflecting such disposition. Any inadvertent disclosure of confidential information shall not be deemed a waiver of confidentiality. 6. In the case of deposition testimony, including oral testimony,

videotaped testimony, deposition transcripts and information contained therein, including exhibits, it shall initially be treated as "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" without the necessity of designating such testimony as such. Upon transcription of the deposition, a designating party shall have twenty (20) days after receipt of the transcript to notify the court reporter and other counsel of record in writing of the portions of the transcript to be designated as "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY," if any. Depositing the written notice in the United States mail within such twenty -3REVISED PROPOSED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (Case No. 2:11-CV-00526 SVW (FFMx))
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(20) days shall be deemed timely compliance with this requirement. All other portions, or the entire transcript if no designation is made, shall not be treated as "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY," and shall not be within the terms of this Order after the twenty (20) day period. Alternatively, and in addition to the above method, deposition testimony may be designated as "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" during the deposition, in which case the transcript of the designated testimony shall be bound in a separate volume and marked "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" by the court reporter. That portion of the deposition which may reveal information that is "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" shall be conducted under circumstances such that only those persons authorized hereunder to have access to such information shall be present (unless otherwise agreed to by all counsel of record in writing or on the record). 7. Any party who objects to the designation of a document as

"CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" shall notify the designating party in writing of that objection and specify the designated document to which objection is made. The parties shall, within seven (7) days of service of the written objection, meet and confer concerning the objection. If the objection is not resolved, the party objecting to the designation of the documents as "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" may, within fifteen (15) days of the expiration of the meet and confer period, schedule a telephone conference with the magistrate to resolve the dispute. Failure to bring the matter in front of the magistrate within the applicable FRCP or Local Rule period waives the objection seek relief from the Court. Any such motion must fully comply with Local Rule 37. (FFM) 8. A designated party will not use any confidential information disclosed

to him or it for any purposes other than this litigation. -4REVISED PROPOSED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (Case No. 2:11-CV-00526 SVW (FFMx))
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9.

Confidential information will be produced only to the designated

parties seeking discovery of it and will not be exhibited or disclosed to any person except such counsels' client(s), co-counsel of record in this action, the Court and its personnel (FFM) or designated experts without the written consent of counsel for the party producing it. No person to whom this confidential information is disclosed will discuss the information or disclose it to any person other than those described in this paragraph or for any purpose other than this litigation. 10. Documents, and the information contained therein, which are

designated "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" shall be disclosed only to the Court, counsel and experts retained by any of the parties who are consulted or designated to testify in this action, provided, however, that "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" documents shall not be disclosed to any expert unless the retaining party has a good faith belief based on a reasonable inquiry that the expert is not a competitor, not employed by a competitor or would not otherwise derive personal benefit from the information in the disclosed materials of the party whose "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" documents are to be disclosed. 11. Counsel to whom confidential information is disclosed or produced

will be responsible for ensuring that parties and other persons are informed of the terms of this Stipulated Protective Order, but that no one, other than the designated parties, is informed of the substance of any confidential information disclosed or produced. Before disclosing confidential information to any other person, counsel will seek a modification of this agreement, as provided for below, to add the name of that person as a designated party or obtain from that person a written agreement to be bound by the terms of this Stipulated Protective Order. 12. No person other than the Court and its personnel (FFM) authorized

to review documents designated as "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY," respectively, shall be given access to such -5REVISED PROPOSED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (Case No. 2:11-CV-00526 SVW (FFMx))
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documents until and unless such person has read this Stipulated Protective Order, and agreed in writing to be bound by it through execution of a declaration in the form attached hereto as Exhibit A. The original of the executed declaration shall be retained by counsel representing or consulting with the person who has executed such declaration. That counsel shall thereupon provide written notice to all other counsel of record identifying the person who has executed the declaration and provide a copy of such declaration to other counsel of record, unless such person is a consulting expert. With respect to consulting experts, counsel consulting with such experts shall retain the executed declaration and need not identify such experts to other counsel (unless otherwise required or ordered to do so). 13. A deponent may be examined regarding documents that have been

designated as "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY," provided that there is a reasonable basis to believe that the witness will give relevant testimony regarding such documents and the deponent agrees in writing to be bound by the terms of this Stipulated Protective Order by executing a declaration in the form attached hereto as Exhibit A. Such agreement by a party deponent shall not be unreasonably withheld. 14. All persons who have agreed to be bound by the terms of this

Stipulated Protective Order, or who otherwise fall within the terms of this Order, are bound in their individual and representative capacities, either of which is understood to be subject to contempt proceedings for violation of this Order. 15. Within 90 days after the final disposition of this action, all Documents

designated as "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" (including without limitation, any copies, extracts or summaries thereof) shall be delivered to counsel for the designating party, or, at the option of the designating party, be destroyed, and counsel for the parties shall affirm to each other in writing that all such documents produced to them (including, without limitation, any copies, extracts or summaries thereof) have been returned or -6REVISED PROPOSED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (Case No. 2:11-CV-00526 SVW (FFMx))
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destroyed; provided, however, that counsel of record shall be entitled to retain notes, correspondence, pleadings, memoranda, declarations, affidavits, deposition transcripts, extracts or summaries which attach, contain or refer to any such documents, but only to the extent necessary to preserve a litigation file with respect to this action or to preserve any attorney's work product. 16. Nothing in this Stipulated Protective Order (a) affects, in any way, the

admissibility of any documents, testimony, or other evidence at trial or (b) restricts the use of information obtained from sources other than discovery conducted under the terms of this Stipulated Protective Order. 17. The designated parties reserve all rights to object to the admissibility at

trial of the documents, testimony and information that are the subject of this protective order on any and all grounds, including privacy. 18. This Stipulated Protective Order may be modified by agreement of the

parties, subject to approval of the Court. 19. The designated parties shall comply with C.D. Cal. Loc. R. 79-5 in the

event counsel lodges or files any documents covered by order of this Court. 20. Nothing herein relieves any person or entity from fully complying

with any lawfully issued subpoena or other process issued in any third party proceeding. (FFM) IT IS SO ORDERED DATED: March 8, 2011 /S/ FREDERICK F. MUMM HON. FREDERICK F. MUMM U.S. District Judge

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