Karen Ann Pavoni et al v. Chrysler Group LLC et al

Filing 60

STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (am)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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KAREN ANN PAVONI,
Individually; PAMELA JOYCE
MOYET, Individually; FRED
ARTHUR SCHEID, Individually;
BOBBY LYNN COATS,
Individually,

Case No. CV11-10513-RGK (SPx)

STIPULATED PROTECTIVE ORDER

Plaintiffs,

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v.

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CHRYSLER GROUP LLC and
DOES 1 through 100, inclusive,

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Defendant.

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As stipulated and agreed by and between the respective parties hereto

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and their counsel, it is hereby ordered by the Court that materials and information

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produced by Defendant Chrysler Group LLC (hereinafter Chrysler Group) in this

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matter for discovery and inspection are subject to the following terms, restrictions

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and conditions.

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1.

In responding to written discovery, Chrysler Group may

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designate as confidential any portion of its responses or documents produced that

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contain trade secrets or other confidential research, development, or commercial

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information that it in good faith believes is confidential under Fed. R. Civ. P. 26.

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PAVONI V. CHRYSLER, CASE NO. CV11-10512 RGK
STIPULATED PROTECTIVE ORDER

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Testimony and other information based upon documents so designated shall be

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considered confidential and may be so designated as subject to this protective order.

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2.

In the event that Plaintiffs disagree with Chrysler Group’s

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designation of any item as confidential and subject to this protective order,

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Plaintiffs shall send a written notice to counsel of record for Chrysler Group

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identifying the item(s) in question. If Chrysler Group believes the item(s) in

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question to have been appropriately designated as confidential under federal law,

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Chrysler Group shall then, within 30 days, move for a determination by this Court

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that the item(s) in question is to be treated as confidential under Fed. R. Civ. P. 26.

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The procedure for resolving any such dispute shall be governed by Local Rule 37

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(including the joint stipulation requirement). Any motion on such dispute shall be

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set at the first available mutually convenient hearing date. Any item(s) in dispute

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shall continue to be treated as confidential and subject to this protective order until

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such time as the Court issues its ruling.

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3.

Any documents or information subject to this protective order

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shall be disclosed only to (a) counsel of record in this action, (b) individuals

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employed by or assisting counsel in preparation for, or who may testify at the trial

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of, this action, (c) other counsel representing plaintiffs in pending cases against

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Chrysler Group in which it was alleged that a Chrysler Group vehicle experienced

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inadvertent rearward movement after an alleged shift to “Park” and resulted in

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personal injury, along with individuals employed by or assisting such counsel, or

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who may testify in such cases, and, (d) governmental authorities. Any materials

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provided to (c) or (d) shall be subject to such other counsel and/or governmental

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authorities agreeing in writing to be bound by this protective order, as well as

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subject to, and within this Court’s jurisdiction for purposes of this protective order.

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Chrysler Group reserves the right to request the identities of the counsel and/or

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governmental authorities who are provided with information subject to this

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protective order.
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PAVONI V. CHRYSLER, CASE NO. CV11-10512 RGK
STIPULATED PROTECTIVE ORDER

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4.

Any person or firm to whom such documents or information

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contained therein is to be disclosed shall first be advised by counsel making the

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disclosure that, pursuant to this protective order, such person or firm may not

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divulge any such information to any other person.

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5.

In accordance with Local Rule 79-5.1, if any papers to be lodged

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or filed with the Court contain any material that has been designated as

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confidential, the proposed lodging or filing shall be accompanied by an application

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to lodge or file the papers or the portion thereof containing the designated material

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(if such portion is segregable) under seal; and the application shall be directed to

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the judge to whom the papers are directed. For motions, the parties shall publicly

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file a redacted version of the motion and supporting papers.

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6.

The production of such confidential documents or information

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by Chrysler Group shall not constitute a waiver of any privilege or other claim or

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right of withholding or confidentiality that it may have.

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7.

The issue of whether protected materials shall be returned to

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Chrysler Group at the end of this litigation is reserved until the end of this

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litigation. Plaintiffs will cooperate with counsel for Chrysler Group in returning

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documents provided to third parties pursuant to any later agreement or court order

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to do so.

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ENTERED this 16th day of November, 2012.

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/s/
U.S. Magistrate Judge Sheri Pym

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PAVONI V. CHRYSLER, CASE NO. CV11-10512 RGK
STIPULATED PROTECTIVE ORDER