Samuel Cruz et al v. Sara Lee Corporation et al

Filing 44

ORDER REGARDING CONFIDENTIALITY OF MEDIATION MATERIAL by Magistrate Judge Andrew J. Wistrich, re: Stipulation for Protective Order, 43 . (mz)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SAMUEL CRUZ, PATRICIA
Case No. CV-11-7589 GHK (AJWx)
CORONA MARTIÑON, and PAUL
AGUIRRE, as individuals and on behalf ORDER REGARDING
of all others similarly situated,
CONFIDENTIALITY OF
MEDIATION MATERIAL
Plaintiffs,
SAC Filed: January 27, 2012
vs.
SARA LEE CORPORATION, SARA
LEE BAKERY GROUP,
EARTHGRAINS BAKING
COMPANIES, INC., BIMBO
BAKERIES USA, INC., and
EARTHGRAINS BAKERY GROUP,
INC., formerly known as SARA LEE
BAKERY GROUP, INC., dba SAN
LUIS SOURDOUGH,

Assigned: The Hon. George H. King

Defendants.

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Having reviewed the parties’ Stipulation Regarding Confidentiality of
Mediation Material (hereinafter “Stipulation”), IT IS HEREBY ORDERED:
1.

This Stipulation Regarding Confidentiality of Mediation Material

(“Stipulation”) shall govern documents, data and information provided by
Defendants in connection with any mediation of the above-captioned matter (the
“Action”).

This Stipulation is fully enforceable as a contract in any court of

competent jurisdiction.
2.

All materials subject to the protections of this Stipulation shall be

stamped with the words “MEDIATION-COUNSEL ONLY” on each page (or on a
CD or other external media containing data or documents), or Defendants may notify
counsel for Plaintiffs in writing at the time of production that the materials shall be
so designated.
3.

Documents,

data

and

information

designated

“MEDIATION-

COUNSEL ONLY” (i) may be used only for purposes of preparing for and
conducting the planned mediation in this action, and (ii) shall not be disclosed,
shown, or disseminated by counsel for Plaintiffs to anyone, including Plaintiffs,
without the prior written consent of Defendants except as permitted by paragraph 5
below.
4.

Counsel for Plaintiffs and Plaintiffs agree that they shall not challenge

the “MEDIATION-COUNSEL ONLY” designation of any materials produced
pursuant to this Stipulation, without waiving the right to seek the same materials in
discovery.
5.

As to materials designated as “MEDIATION-COUNSEL ONLY,” and

produced to counsel for Plaintiffs in connection with any mediation in this Action,
counsel for Plaintiffs shall not forward any electronic copies or hard copies of such
documents or material to anyone, including Plaintiffs, other than a consulting

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expert under the terms set forth below. Moreover, counsel for Plaintiffs shall not

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discuss the contents of such documents or material with anyone other than any

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jointly approved mediator during the course of mediation. Counsel for Plaintiffs

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may provide materials designated “MEDIATION-COUNSEL ONLY” to a

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consulting expert, and discuss the contents of such materials with the consulting

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expert, provided that (i) the consulting expert first receives a copy of this

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Stipulation; and (ii) the consulting expert executes the form attached hereto as

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Exhibit A.

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6.

Within forty-eight (48) hours after the conclusion of the scheduled

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mediation, counsel for Plaintiffs shall return to Defendants all copies of all

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materials designated as “MEDIATION-COUNSEL ONLY,” and shall not retain

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any copies or electronic images. Furthermore, counsel for Plaintiffs agrees that any

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materials in the possession of Plaintiffs’ counsel or a consulting expert, and all

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summaries, analyses, reports, and/or other work-product created from any materials

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designated as “MEDIATION-COUNSEL ONLY,” shall be destroyed by Plaintiffs

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and/or any consulting expert(s) within forty-eight (48) hours after the conclusion of

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the scheduled mediation. Notwithstanding the foregoing, the Parties may mutually

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agree to extend the time for the return or destruction of the materials.

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7.

This Stipulation shall not limit any Party’s right to seek further and

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additional protection against, or limitation upon, production or dissemination of

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documents, data or information.

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8.

Following the conclusion of any mediation in this Action, the

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provisions of this Stipulation shall continue to be binding and may be enforced in

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court.

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9.

The Court shall have the discretion to award the prevailing party

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reasonable attorneys’ fees and costs incurred by the breaching party in connection

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with any motion or action to enforce the terms of this Stipulation.

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10.

This Stipulation is binding on the Parties and on all third parties who

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have been served with a copy of this Stipulation, and shall remain in force and

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effect until modified, superseded, or terminated by consent of the Parties.

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EXHIBIT “A” TO STIPULATION

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I hereby certify that I have read and understand the entire contents of the

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STIPULATION REGARDING CONFIDENTIALITY OF MEDIATION

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MATERIAL (“STIPULATION”) entered into between Defendants and Plaintiffs in

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the above-captioned litigation and attached hereto.

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I hereby agree that to the extent I have reviewed, or discussed with counsel for

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Plaintiffs, any materials produced to counsel for Plaintiffs that were designated as

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“MEDIATION-COUNSEL ONLY” pursuant to the STIPULATION, that I will

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maintain the strict confidentiality of such material, and not provide copies of those

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materials to anyone or discuss with anyone other than counsel for Plaintiffs any

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information disclosed to me by counsel for Plaintiffs pursuant to the

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STIPULATION. I further agree to return all copies of materials that contain or

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relate to information designated as “MEDIATION-COUNSEL ONLY” (and delete

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from all computer systems all materials containing or summarizing data, documents

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or information provided to me) within 48 hours of the conclusion of the mediation.

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I further agree that I will not rely upon or testify regarding any of the materials,

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reports or analyses generated from my review of the materials, should I be

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designated as an expert in this matter.

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Signature: ___________________________
Name: ______________________________

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Title: _______________________________
Date: _______________________________

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IT IS SO ORDERED.

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Dated:

2/27/12
HON. ANDREW J. WISTRICH

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