Phyllis Grodzitsky et al v. American Honda Motor Co Inc

Filing 182

CONFIDENTIALITY ORDER AS TO TSK/HI-LEX/NIHON by Magistrate Judge Paul L. Abrams 181 . **NOTE: CHANGES MADE BY THE COURT / SEE ORDER FOR DETAILS.** (ch)

NOTE: CHANGES MADE BY THE COURT
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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PHYLLIS GRODZITSKY, et al.,

CASE NO.: CV 12-1142 SVW (PLAx)

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Plaintiffs,

Assigned to: Hon. Stephen V. Wilson

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vs.
AMERICAN HONDA MOTOR CO.,
INC.,

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CONFIDENTIALITY ORDER AS TO
TSK/HI-LEX/NIHON

Defendant.

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Pursuant to stipulation among the parties,

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IT IS HEREBY ORDERED that all “Confidential Documents” and

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corresponding information produced by TSK/Hi-Lex/Nihon in response

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to any of the Plaintiffs’ requests for production of documents,

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interrogatories, deposition testimony, or other requests for discovery

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made to TSK/Hi-Lex/Nihon related to this action, Phyllis Grodzitsky, et

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al, v. American Honda Motor Co., Inc., Case No. CV 12-1142 SVW, are

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subject to the terms of this Stipulation for Confidentiality Order as set

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forth below:

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I.

DEFINITIONS
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“CONFIDENTIAL DOCUMENTS.” This term is intended to

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refer to the documents that are deemed “Confidential” under the

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provisions of paragraph II(1)-(2) of this Order. “Confidential

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Documents” includes the contents of the original and all copies or other

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reproductions of the Documents subject to this Order.

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2.

“DOCUMENT(S).” This term is intended as a collective

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reference to any and all material or other tangible things containing

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information produced by TSK/Hi-Lex/Nihon in response to Plaintiffs’

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requests made to TSK/Hi-Lex/Nihon. Without limitation, the term

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“Document(s)” further includes any medium in which information is

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recorded, stored, communicated, or utilized, including papers (of any

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kind, type, or character) and any method or medium by which

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information may be communicated, recorded, or retrieved by people or

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by computers. The term “Document(s)” includes, without limitation,

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photographs, x-rays, motion pictures, audio tapes, videotape recordings,

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computer-generated material, computer disks, and any other form or

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type of computer stored or computer-retrievable data, microfilm and

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microfiche, or any other process by which information is reduced for

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storage, and duplicates and reproductions of the same by any method.

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3.

“PLAINTIFFS’ COUNSEL.” This term refers to the

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attorneys of record for the Plaintiffs in the above-styled action. In the

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event that the attorneys of record are members of a firm, this term

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includes any and all other lawyers who are members of or associated

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with Plaintiffs’ Counsel’s firm.

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4.

“DEFENDANT’S COUNSEL.” This term refers to the

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attorneys of record for the Defendant in the above-styled action. In the

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event that the attorneys of record are members of a firm, this term
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includes any and all other lawyers who are members of or associated

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with Defendant’s Counsel’s firm.

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II.

PROCEDURE FOR DETERMINING STATUS OF

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CONFIDENTIAL DOCUMENTS

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1.

Documents that TSK/Hi-Lex/Nihon, in good faith, believes to

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contain information subject to protection under Federal Rule of Civil

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Procedure 26(c) may be designated as “Confidential.” Documents

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designated as “Confidential” specifically include trade secrets as defined

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by California Civil Code Section 3426.1. This includes, for example,

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technical drawings and testing documents for the Class Vehicle Window

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Regulators manufactured by TSK/Hi-Lex/Nihon. TSK/Hi-Lex/Nihon

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represents that all documents, testimony, and/or other items designated

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as “Confidential” pursuant to this Stipulation for Confidentiality Order

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contain trade secret, proprietary, and/or confidential information.

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TSK/Hi-Lex/Nihon will mark or otherwise identify documents

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designated as “Confidential” prior to producing such documents to

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Plaintiffs.

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2.

In the event that any party opposes any confidentiality

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designation, that party may, after reasonable consultation with counsel

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for TSK/Hi-Lex/Nihon, seek intervention of the Court to determine

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whether such documents are entitled to protection. In connection with

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said consultation, both the party that opposes the confidentiality

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designation and TSK/Hi-Lex/Nihon must make a good faith effort to

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resolve any dispute before seeking the intervention of the Court as

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required by Local Rule 37. If they are subsequently unable to agree

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upon the terms and conditions of disclosure for the Document(s) in

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issue, the party opposing the confidentiality designation may move the

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Court for an order withdrawing the disputed designation(s). The moving

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party and TSK/Hi-Lex/Nihon will submit a Joint Stipulation and any

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supplemental memoranda as required by Local Rule 37. On such a

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motion, TSK/Hi-Lex/Nihon will have the burden of proving that “good

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cause” exists for the designation at issue and that the material is

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entitled to protection as Confidential under applicable law. If the

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moving party and TSK/Hi-Lex/Nihon want to file any Joint Stipulation

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required by Local Rule 37 under seal, they may file a stipulation to that

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effect or the moving party may file an ex parte application making the

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appropriate request. The moving party and TSK/Hi-Lex/Nihon must set

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forth good cause in the stipulation or ex parte application as to why the

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Joint Stipulation or portions thereof should be filed under seal. As to

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any document that is contested which the Court deems not to be

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“Confidential,” such documents will be deemed outside the scope of this

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Confidentiality Stipulation and Order.
The parties do not waive their right to challenge a confidentiality

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designation by electing not to raise a challenge promptly after the

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original designation is disclosed and may challenge a designation at

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such time as the parties deem appropriate, within the time limits for

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discovery set by the District Judge.

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III.

ORDERS REGARDING CONFIDENTIAL DOCUMENTS

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With regard to those documents that are accorded “Confidential”

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status as set forth in paragraph II(1-2) above, the foregoing Order will

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be in effect:

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1.

(a)

Plaintiffs’ Counsel, Defendant’s Counsel, and experts

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retained or consulted by them to assist them in this litigation may use

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all Confidential Documents in the ordinary course of their investigation,

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evaluation, or preparation and prosecution of this litigation only,

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subject to the restrictions set forth in this Confidentiality Stipulation

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and Order. This paragraph is intended to permit full use of

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“Confidential” Documents by and between only the named Plaintiffs

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and Defendant in the above-styled action, Plaintiffs’ Counsel and

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members of Plaintiffs’ Counsel’s legal or support staff (e.g.,

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investigators, secretaries, legal assistants, paralegal, law clerks),

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Defendant’s Counsel and members of Defendant’s Counsel’s legal or

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support staff, and expert witnesses consulted or experts later identified

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as testifying experts in this litigation only.
(b)

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Plaintiffs’ Counsel and Defendant’s Counsel may use

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Confidential Documents, or copies of the same, only as necessary for the

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prosecution of this lawsuit. Before Confidential Documents or

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information are disclosed to anyone identified in paragraph III(1)(a),

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the intended recipient must be first presented with a copy of this Order,

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and after reading it and agreeing to be bound by its terms, sign the

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form attached as Exhibit “A” which is an “Acknowledgment of

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Confidentiality Stipulation and Order and Non-disclosure Agreement”

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(“Agreement”). All such Agreements signed by everyone shall be kept on

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file by Plaintiffs’ Counsel or Defendant’s Counsel. Confidential

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Documents must not be disclosed to any person or in any manner not

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specified in this Order.

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2.

To the extent that Confidential Documents have been, or

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may in the future be used in the taking of depositions, they will remain

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subject to the provisions of this Confidentiality Order. To designate as

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Confidential any deposition testimony dealing with the substance of

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Confidential Documents, TSK/Hi-Lex/Nihon must designate any portion

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of the testimony as “CONFIDENTIAL” either on the record before the

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deposition is concluded or in writing within 15 days after the final

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transcript is received, provided that TSK/Hi-Lex/Nihon will have 10

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days from the submission date of any transcript corrections made

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pursuant to Fed. R. Civ. P. 30(e) to designate any portion of those

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corrections as “CONFIDENTIAL.” Only those portions of the testimony

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that are designated for protection in accordance with the preceding

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sentence will be covered by the provisions of this Order. The entire

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testimony will be deemed to have been designated “CONFIDENTIAL”

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until the time within which the transcript may be designated has

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elapsed. If testimony is not designated within the prescribed time

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period, then such testimony will not be deemed “CONFIDENTIAL”

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except as otherwise ordered by the Court.
3.

Should Confidential Documents be used in a deposition in

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this matter, it will be the responsibility of Plaintiffs’ and Defendant’s

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Counsel to alert the court reporter to the confidential nature of

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Documents designated in accordance with this Agreed Confidentiality

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Stipulation and Order and to require that such Documents (and pages)

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be attached to deposition transcripts as exhibits.

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4.

Plaintiffs’ Counsel, Defendant’s Counsel, and all other

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parties who have received Confidential Documents will act to preserve

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the confidentiality of designated Documents. If Confidential Documents

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are filed with or presented to any Court, such documents shall be

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accompanied by an application to file the documents – or the

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confidential portion thereof – under seal; the application must show

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good cause for the under-seal filing. The application shall be directed to

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the judge to whom the papers are directed. Pending the ruling on the

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application, the documents or portions thereof subject to the sealing

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application shall be lodged under seal. If information from a

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Confidential Document is included in a document to be filed with or

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presented to the Court, a redacted version of that document shall be

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filed on the public docket, with the unredacted version of such

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document lodged with the Court along with an application to file under

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seal. Nothing herein may be construed to limit the right of Counsel to

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oppose any confidentiality designations, pursuant to Paragraph II(2)

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above.

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In the event that any recipient of Confidential Documents (a)

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is served with a subpoena or other legal process in another action, or (b)

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is served with a request or a demand in another action to which he or

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she is a party, or (c) is served with a request or a demand or any other

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legal process by one not a party to this case concerning Confidential

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Documents subject to this Order, that person (the recipient of

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Confidential Documents) must give prompt written facsimile and mail

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notice of such event to Gary J. Mouw, Varnum LLP, 333 Bridge Street

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NW, Grand Rapids, MI 49504, and will object on the basis of this Order

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to producing or responding to any such request, demand, or subpoena.

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Within ten (10) days from the giving of such written notice, TSK/Hi-

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Lex/Nihon will advise the person who is to respond to the subpoena or

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request or demand of its position. Thereafter, TSK/Hi-Lex/Nihon will

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assume responsibility for preserving and prosecuting any objection to

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the request or demand or subpoena. The person served will be obligated

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to cooperate to the extent necessary to enforce the terms of this Order.

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6.

(a)

Upon the termination of this case, by judgment,

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settlement, completion of appeal, or otherwise, all Confidential

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Documents subject to this Order, including all copies and other

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reproductions of such Documents in the possession of Plaintiffs’

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Counsel’s experts, Defendant’s Counsel’s experts, or other recipients of

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Confidential Documents must be returned to Plaintiffs’ Counsel or

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Defendant’s Counsel or destroyed within thirty (30) days.

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(b)

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Within thirty (30) days of receiving Confidential

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Documents under paragraph III(7)(a) above, Plaintiffs’ Counsel and

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Defendant’s Counsel must destroy all Confidential Documents subject

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to this Order including all copies, prints, summaries, and other

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reproductions or derivations of such Documents. Once Plaintiffs’

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Counsel and Defendant’s Counsel have destroyed all such Documents,

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Counsel will certify to TSK/Hi-Lex/Nihon’s Counsel that all such

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Documents have been destroyed in accordance with this Order.

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However, any Confidential Documents designated in accordance with

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this Order that become part of a record on appeal will be destroyed

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pursuant to this paragraph only after all appeals have been exhausted.
(c)

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It will be the responsibility of Plaintiffs’ Counsel and

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Defendant’s Counsel to preserve the confidentiality of designated

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Documents. Plaintiffs’ Counsel and Defendant’s Counsel will undertake

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all reasonable steps necessary to preserve the confidentiality of

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designated Documents, including but not limited to: (1) monitoring the

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release of designated Documents, and (2) obtaining and retaining the

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completed and signed form attached as Exhibit A, in accordance with

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the provisions of this Order.

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IV.

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GENERAL PROVISIONS
1.

Except as stated in paragraph 2 of this section, after

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termination of this case, the provisions of this Order will continue to be

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binding, except with respect to those Documents to which the Court

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determines the public or others have a right of access.

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2.

Once a case proceeds to trial, all of the information that was

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designated as Confidential and/or kept and maintained pursuant to the

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terms of this stipulation will become public unless good cause is shown

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to the district judge in advance of the trial to proceed otherwise.

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//
3.

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This Order does not preclude parties from exercising any

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rights or raising any objections otherwise available to them under the

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rules of discovery and evidence.
4.

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This Order is binding upon TSK/Hi-Lex/Nihon, the parties in

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the above-styled actions, the attorneys for each party, any recipient of

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Confidential Documents, and upon any successor, executor, personal

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representative, administrator, heir, legal representative, assign,

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subsidiaries, division, employee, agent, independent contractor, or other

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person or legal entity over which any party or attorney or recipient of

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Confidential Documents may have control.
5.

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Other non-parties to this action who produce documents

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and information in this action in response to a subpoena may adopt

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the terms of this Confidentiality Stipulation and Order to apply to

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their produced documents and information by signing the form

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attached as Exhibit B, which is an “Adoption By Non-Party of Terms

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of Confidentiality Stipulation and Order as to TSK/Hi-Lex/Nihon,”

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and providing a copy of the signed Exhibit B form to Counsel for

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Plaintiffs and Defendant.

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V.

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GOOD CAUSE STATEMENT
1.

Plaintiffs have sought discovery of documents and

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information from TSK/Hi-Lex/Nihon, which contains trade secrets and

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confidential and proprietary information. Disclosure of such

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Confidential Documents will result in serious harm to TSK/Hi-

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Lex/Nihon. Requiring TSK/Hi-Lex/Nihon to file numerous motions for

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confidentiality with respect to each particular Confidential Document or

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category of Confidential Documents would result in a waste of judicial

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resources, delay in this litigation, and undue burden to TSK/Hi-

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Lex/Nihon. The parties therefore agree to enter into this Stipulation for

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Confidentiality Order for the purpose of facilitating and expediting the

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discovery process and to prevent the court from having to conduct

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separate hearings on the information sought to be protected. In order to

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protect its proprietary interests and trade secret information, TSK/Hi-

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Lex/Nihon wishes to ensure that any such Confidential Documents

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shall not be used for any purpose other than this action and shall not be

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made public or disseminated by any party or their counsel, except as set

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forth in this Stipulation for Confidentiality Order. TSK/Hi-Lex/Nihon

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represents that all documents, testimony, and/or other items designated

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as “Confidential” pursuant to this Stipulation for Confidentiality Order

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contain trade secret, proprietary, and/or confidential information.

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IT IS SO ORDERED.

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DATED: November 25, 2014

By:
Hon. Paul L. Abrams
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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PHYLLIS GRODZITSKY, et al.,

CASE NO.: CV 12-1142 SVW (PLAx)

Plaintiffs,

Assigned to: Hon. Stephen V. Wilson

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vs.
AMERICAN HONDA MOTOR CO.,
INC.,

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ACKNOWLEDGMENT OF
CONFIDENTIALITY STIPULATION
AND ORDER AND
NONDISCLOSURE AGREEMENT AS
TO TSK/HI-LEX/NIHON

Defendant.

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EXHIBIT “A” TO CONFIDENTIALITY STIPULATION AND ORDER
AS TO TSK/HI-LEX/NIHON

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I hereby acknowledge that I have read the Confidentiality

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Stipulation and Order as to TSK/Hi-Lex/Nihon in the above-captioned

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matter and I agree to be bound by its terms. I also agree to submit to

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the jurisdiction of the United States District Court for the Central

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District of California - Western Division for enforcement of said Order.

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_____________________
Date
_____________________________
Printed Name of Person to be Bound

Signature of Person to be Bound

__________________________________________________________________
Address and Phone Number

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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PHYLLIS GRODZITSKY, et al.,

CASE NO.: CV 12-1142 SVW (PLAx)

Plaintiffs,

Assigned to: Hon. Stephen V. Wilson

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vs.
AMERICAN HONDA MOTOR CO.,
INC.,

ADOPTION BY NON-PARTY OF
TERMS OF CONFIDENTIALITY
STIPULATION AND ORDER AS TO
TSK/HI-LEX/NIHON

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Defendant.

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EXHIBIT “B” TO CONFIDENTIALITY STIPULATION AND ORDER
AS TO TSK/HI-LEX/NIHON

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I hereby acknowledge that I have read the Confidentiality

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Stipulation and Order as to TSK/Hi-Lex/Nihon in the above-captioned

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matter and I wish to adopt the terms of that Confidentiality Stipulation

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and Order to apply to documents and information produced by non-

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party _____________________ in connection with the above-captioned

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matter. Non-party ______________________ also agrees to submit to the

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jurisdiction of the United States District Court for the Central District

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of California – Western Division for enforcement of said Order.

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_____________________
Date
Signature of Attorney for Non-Party
____________________________________
Printed Name of Attorney for Non-Party
__________________________________________________________________
Address and Phone Number

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