Kelly Jackson et al v. Casden Burbank LLC et al

Filing 42

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 41 . (See Order for details) (bem)

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DEBRA ELLWOOD MEPPEN (SBN 183885)
SARAH L. SUPER (SBN 225284)
TAMAR KARAGUEZIAN (SBN 216233)
GORDON & REES LLP
633 West Fifth Street
Suite 5200
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CASDEN BURBANK, LLC;
CASDEN PROPERTY MANAGEMENT, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

Gordon & Rees LLP
633 West Fifth Street, Suite 4900
Los Angeles, CA 90071

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KELLY JACKSON, an Individual; )
GEORGINA POLO, an Individual; )
WENDY LUNGARO, an Individual )
LIBORIO LUNGARO, an Individual; )
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Plaintiff,
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vs.
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CASDEN BURBANK, LLC, a
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Delaware Corporation, CASDEN
PROPERTY MANAGEMENT, INC., )
a California Corporation, and DOES 1 )
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THROUGH 10, Inclusive
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Defendants. )
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)
)

CASE NO. CV12-06936 MWF (JCGx)
Judge Michael W. Fitzgerald

STIPULATED PROTECTIVE
ORDER

Courtroom: 1600

TO THE COURT:

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The parties hereto, Plaintiffs Kelly Jackson, Georgina Polo, Wendy Lungaro

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and Liborio Lungaro, (collectively hereafter referred to as “Plaintiffs”), on the one

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hand, and Defendants Casden Burbank, LLC and Casden Property Management,

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Inc. (collectively hereafter referred to as “Defendants”), on the other hand, by and

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through their respective counsel of record, hereby stipulate to the entry of a

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Protective Order pursuant to Federal Rule of Civil Procedure 26(c).
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There is good cause for this Protective Order because the disclosures and
discovery in this case will likely involve the production of confidential,

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proprietary, or private information concerning, among other topics, including

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personal information such as the names, addresses and telephone numbers of

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current and former tenants of Defendants’ property commonly referred to as “The

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Empire Landing Apartments,” the familial status of current and former tenants of

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Defendants’ property commonly referred to as “The Empire Landing Apartments,”

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as well as proprietary information of Defendants, including trade secrets and other

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confidential proprietary and private commercial and financial information which is

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not generally subject to public disclosure. Special protection of these categories of

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information from public disclosure and/or from use for any purpose other than

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prosecuting or defending this litigation is warranted. Accordingly, the parties

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hereby Stipulate to the Court entering the following Protective Order. This Order

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does not confer blanket protections on all disclosures or responses to discovery and

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the protection it affords extends only to the limited information or items that are

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entitled under the applicable legal principles to treatment as confidential. The

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Protective Order will contain the following terms and conditions

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STIPULATION
1.

Proceedings and Information Governed. This Stipulation and Order

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will govern any document, information, or other thing furnished or produced by

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any party, including third parties, to any other party in connection with this action

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that might reveal confidential information, including, but not limited to, the contact

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information (including name, address, and telephone number) of current and

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former tenants of The Empire Landing Apartments, the familial status of current

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and former tenants of The Empire Landings Apartments, as well as proprietary

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information of Defendants. This Stipulation and Order will also govern business

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information, including but not limited to trade secrets, proprietary information, and

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financial information which may be produced in this action and designated by the
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producing party as “confidential information or material” as defined below. The

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information protected includes, but is not limited to, information contained in

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initial disclosures, responses to written discovery; deposition testimony and

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exhibits; and all copies, extracts, summaries, compilations, designations, and

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portions of the foregoing.

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2.

Confidential Information or Material Defined. For purposes of this

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stipulation and accompanying order, “confidential information or material” will

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mean all information or material that:

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a.

any Defendant); and

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Is produced for or disclosed to a receiving party (Plaintiffs or

b.

A party (Plaintiffs or any Defendant) reasonably and in good

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faith believes it to constitute confidential information as set forth in Rule 26(c) of

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the Federal Rules of Civil Procedure, or otherwise constitutes business proprietary

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and/or confidential material or financial information, whether embodied in

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physical objects, documents, or other factual knowledge of persons, and

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specifically shall include but not necessarily be limited to third party employee

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personnel information; and

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c.

Has been designated as confidential information by the

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producing party in compliance with this Stipulation and Order, and in advance of

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its production.

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3.

Designation of Confidential Information or Material. The producing

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party may designate confidential information by stamping or affixing to the

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physical objects, documents, discovery responses, or deposition transcripts a stamp

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or other inscription that states: “Confidential” and the case number - “CV12-06936

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MWF (JCGx)”.

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For written material, documents, or other tangible items, the

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designation of confidential information or material must be made when the

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material is produced to the receiving party. The designation of any particular page
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of written material shall indicate that all information contained on that page is

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designated “confidential” unless otherwise indicated.

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For information not reduced to written material, document, or other

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tangible item, or information that can not be conveniently designated as set forth in

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this paragraph, the producing party must designate the confidential information by

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giving written notice to the receiving party at the time the confidential information

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is produced. The written notice must clearly identify that part of the information

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being produced that is designated as confidential.

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4.

Party’s Own Information. The restrictions on the use of confidential

information established by this stipulation and order apply only to the use by a

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party of confidential information received from another party to this action, or

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from a non-party to this action, and shall not apply to the use by a party of

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his/her/its own information.

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5.

Persons Authorized to Receive Confidential Information and Material.

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For purposes of this Stipulation and Order, the term “qualified recipient” of

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information and material that has been designated pursuant to the terms of this

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stipulation and order shall mean:

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(a)

The parties to this action, including officers, directors, and

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other employees of the party to whom disclosure of confidential information is

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deemed necessary by that party for purposes of this action only;

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(b)

The attorneys of record in this action, attorneys employed in-

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house by or on behalf of the parties, any attorneys retained by the parties in this

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action to consult on the litigation, their respective partners, associates, clerks, legal

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assistants, secretaries, and stenographic and support personnel, and such other

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persons retained by such attorneys to provide litigation support services in this

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action;

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(c)

Experts and consultants, consistent with the provisions of

paragraph 10 below; and
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All persons identified in subparagraph (c) above shall complete and

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sign a declaration in the form of Attachment “A” to this stipulation and order,

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stating that he or she has read and understands the terms of this stipulation and

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order and agrees to be bound by its terms. The person’s signature shall be and

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hereby is intended to cover employees of such persons to whom it is necessary that

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the information and/or material be disclosed for purposes of this action. Each

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person to whom disclosure of confidential information is made agrees to be subject

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to the jurisdiction of this Court solely for purposes of proceedings relating to that

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person’s performance under, compliance with, or violation of this order. The

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original executed declaration shall be maintained by the attorney of record for the

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party causing the disclosure, and shall be made available for inspection by any

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other party on three (3) days prior written notice, except as provided in Paragraph

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10 herein below.

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Challenges To and Removal of Confidential Designation. Nothing in

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this Stipulation and Order shall preclude any party from challenging a designation

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of any information or material as “confidential” by any other party. If designated

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by a party as “confidential,” information and material will be so treated for all

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purposes, and shall continue to be treated as confidential unless and until the court

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rules to the contrary. Any party may challenge or object to the designation as

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“confidential” of any information and material and/or seek removal of particular

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items of confidential information from this order by giving counsel for all other

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parties written notice of the objection within twenty (20) days of receipt of the

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information or material, which notice shall contain and be supported by reasons for

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the objection, and specify the items of confidential information and material for

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which removal of the confidential designation is sought. The written notice shall

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have attached a copy of such designated material or shall identify each subject

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document by production number or deposition by page number and shall (a) state

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that the receiving party objects to the designation, and (b) set forth the particular
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reasons for such objection. Counsel for the designating party shall then initiate a

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conference in good faith in an effort to resolve any dispute concerning such

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designation.

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information as CONFIDENTIAL shall file a motion within fifteen (15) days of the

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written objection requesting that the Court determine whether the disputed

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information should be subject to the terms of this Protective Order. The disputed

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information shall be treated as CONFIDENTIAL under the terms of this Protective

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Order until the Court rules on the motion.

If such dispute cannot be resolved, the party designating the

For purposes of this Stipulation and Order, “receipt” of an objection

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made pursuant to this paragraph shall mean on completion of transmission, if

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service is made by facsimile, on delivery, if service is made personally, two days

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after mailing, if service is made by express mail or other means of overnight

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delivery, and three days after the date of mailing, if service is made by regular

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mail.

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7.

Use of Confidential Information and Material. Any information or

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material designated as “confidential” will be handled by the receiving party, and all

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other parties who receive copies of said information and/or material, in accordance

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with the terms of this stipulation and order. Information and material designated as

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“confidential” will be held in confidence by each receiving party, will be used by

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each receiving party for purposes of this action and trial only and not for any

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business, competitive or other purpose unless agreed to in writing in advance by all

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parties to this action or as authorized by further order of the court, and will not be

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disclosed to, or the substance discussed with, any person who is not a qualified

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recipient, except as provided in this order.

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Copies of Confidential Information and Material. Nothing in this

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stipulation and order shall prevent or otherwise restrict a qualified recipient from

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making working copies, abstracts, summaries, digests and analyses of confidential

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information for use in connection with this action. All working copies, abstracts,
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summaries, digests and analyses will be considered confidential information under

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the terms of this order.

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Transmission of Confidential Information and Material. Nothing in

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this stipulation and order shall prevent or otherwise restrict the transmission or

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communication of confidential information between or among qualified recipients.

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10.

Disclosure to Experts and Consultants. If, in the exercise of his/her/its

sole discretion, a qualified recipient determines it necessary to disclose a producing

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party’s confidential information to an independent (i.e., not party-affiliated)

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technical or business expert or consultant retained by the qualified recipient or

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his/her/its attorneys to assist in this action, whether or not such person is

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designated to testify as an expert at trial, the qualified recipient, prior to providing

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any confidential information to the expert or consultant, will require the expert or

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consultant to complete and sign a declaration in the form of Attachment “A” to this

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Stipulation and Order, stating that he or she has read and understands this order

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and agrees to be bounds by its terms.

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Promptly after the parties exchange information on the experts

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expected to testify at trial, the designating parties who have disclosed confidential

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information to any designated experts or consultants pursuant to this section shall,

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at the time of the designation, provide the other parties in this case with a copy of

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all acknowledgment forms completed and signed by the designated experts or

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consultants who received the confidential information or material.

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Court Proceedings. Without written permission from the producing

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party designating a document as confidential or a court order secured after

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appropriate notice to all interested persons, a Party may not file in the public record

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in this action any document designated as confidential unless it is filed under seal

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in compliance with the Federal Rules of Civil Procedure and Central District Local

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Rules, and any special Orders issued by Judge Fitzgerald.

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Testimony. Notwithstanding any provision of this Stipulation and

Order to the contrary, any person may be examined as a witness at deposition and

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may testify concerning all confidential information of which the person is the

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author, addressee or has knowledge. If the examination concerns confidential

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information, the producing party will have the right to exclude from that portion of

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the deposition concerning the confidential information any person other than the

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witness, the witness’s attorney(s), and qualified recipients of the confidential

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information. If the witness and/or his or her attorney is not a qualified recipient,

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then before the examination commences, the witness and his or her attorney each

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will be requested to complete and execute an agreement, in the form of Attachment

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“A” to this order, that he or she will comply with the terms of this order and

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maintain the confidentiality of the confidential information disclosed during the

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course of the interview or examination. If the witness and/or his or her attorney

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decline to sign the agreement, the producing party has the right to adjourn the

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examination to promptly seek a further protective order from the court prohibiting

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the witness and/or his or her attorney from disclosing the confidential information.

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Any court reporter who takes down testimony in this action, through

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interview, examination, deposition or otherwise (collectively “deposition”), will be

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given a copy of this Order and will be required to agree on the transcript of the

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deposition, that he or she will not disclose any testimony and/or information

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revealed at the deposition, except to the attorneys of record for the parties in this

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action or to such other qualified recipients as the attorneys of record for the parties

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so designate in writing to the court reporter. The transcript, the original, and all

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copies of any deposition transcript, and exhibits, will be initially considered as a

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whole to constitute confidential information subject to this order, and will be

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conspicuously marked as described below. Any disputes over this designation, in

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whole or in part, will be resolved through the procedure and in accordance with the

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burden of proof designated in Paragraph 6, above, for challenges to the designation
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as confidential information. Once resolved, or if no challenge is made, the reporter

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will promptly conform the original transcript, and counsel will conform their

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copies of the transcript in accordance with the agreed-upon or resolved

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designation. The portions designated as confidential will thereafter be bound in a

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separate booklet, conspicuously marked on the cover thereof with the words

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“CONFIDENTIAL - SUBJECT OF PROTECTIVE ORDER,” and shall be treated

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as confidential information subject to this order.

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Subpoenas. If any person or party having possession, custody, or

control of any confidential information receives a subpoena or other process or

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order to produce confidential or special confidential information, he/she/it will

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promptly:

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(a)

Notify in writing all attorneys of record;

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(b)

Furnish those attorneys with a copy of the subpoena or other

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process of order; and

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(c)

Provide reasonable cooperation with respect to a procedure to

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protect the confidential information sought to be pursued by the party whose

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interests may be affected. If the party asserting confidentiality makes a motion to

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quash or modify the subpoena, process, or order, there will be no disclosure,

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process, or order until the Court has ruled on the motion, and then only in

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accordance with the ruling. If no motion is made despite a reasonable opportunity

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to do so, the person or party receiving the subpoena or other process or order will

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be entitled to comply with it if the person or party has fulfilled its obligations under

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this order.

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14.

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Nothing in this Order will bar or otherwise

restrict an attorney who is a qualified recipient from:

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Attorneys’ Actions.

(a)

Rendering advice to his or her client with respect to this action;

or

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(b)

Generally referring to or relying on his or her examination of

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documents that have been produced under this order and that contain confidential

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information.

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No Waiver. The taking of, or the failure to take, any action to enforce

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the provisions of this order, or the failure to object to any designation or any such

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action or omission, will not constitute a waiver of any right to seek and obtain

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protection or relief, other than as specified in this order, of any claim or defense in

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this action or any other action, including but not limited to, any claim or defense

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that any information:
(a)

Is or is not relevant, material, or otherwise discoverable;

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(b)

Is or is not confidential or proprietary to any party;

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(c)

Is or is not entitled to particular protection; or

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(d)

Embodies or does not embody trade secrets or confidential

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research, development, or commercial information of any party. In making this

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claim or defense, the party must comply with the procedures described in this

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order. This order is entered without prejudice to the right of any party to apply to

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the Court at any time to relax or rescind the restrictions of this order, when

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convenience or necessity requires. The procedures set forth in this order will not

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affect the rights of the parties to object to discovery on grounds other than those

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related to trade secrets or proprietary information claims, nor will they relieve a

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party of the necessity of proper response to discovery devices.

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No Probative Value. This Order will not abrogate or diminish any

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contractual, statutory, or other legal obligation or right of any party or person with

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respect to any confidential information. The fact that information is designated as

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confidential information under this order will not be considered to be determinative

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of what a trier of fact may determine to be confidential or proprietary. Absent a

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stipulation of all parties, the fact that information has been designated as

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confidential information under this order will not be admissible during the trial of
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this action, nor will the jury be advised of this designation. The fact that any

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information designated confidential pursuant to this order is disclosed, used, or

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produced in discovery or at trial in this action will not be construed to be

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admissible or offered in any action or proceeding before any court, agency, or

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tribunal as evidence that the information:

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(a)

Is or is not relevant, material, or otherwise admissible;

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(b)

Is or is not confidential or proprietary to any party;

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(c)

Is or is not entitled to particular protection; or

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(d)

Embodies or does not embody trade secrets or confidential

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research, development, or commercial information of any party.

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17.

Return of Information and Materials. At the conclusion of this action,

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all confidential information and materials will, within thirty (30) days of written

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request of the party furnishing the information, be delivered to the party that

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furnished the confidential information and materials. All confidential or special

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confidential information not embodied in written materials, documents, or tangible

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items will remain subject to this order.

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Court’s Jurisdiction.

The Court retains jurisdiction to make

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amendments, modifications, deletions, and additions to this order as the court from

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time to time considers appropriate. The provisions of this Order regarding the use

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or disclosure of information designated as confidential information will survive the

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termination of this action, and the Court will retain jurisdiction with respect to this

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Order.

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19.

Notices. Any of the notice requirements in this order may be waived,

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in whole or in part, but only a writing signed by the attorney of record for the party

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against whom such waiver is sought will be effective.

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20.

Amendments. The parties may amend this Stipulation and Order in

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writing and may seek to have the amendments entered by the court as part of this

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order.
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Interpretation. This stipulation has been negotiated at arm’s length

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and between and among persons sophisticated and knowledgeable in the matters

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dealt with in this stipulation. Accordingly, none of the parties hereto shall be

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entitled to have any provisions of the stipulation construed against any of the other

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parties hereto in accordance with any rule of law, legal decision, or doctrine, such

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as the doctrine of contra proferendum, that would require interpretation of any

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ambiguities in this stipulation against the party that has drafted it. The provisions

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of this stipulation shall be interpreted in a reasonable manner to effect the purposes

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of the parties hereto and this stipulation.

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Binding on all Parties/Extension to Non-Parties.

This stipulation,

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upon entry as an Order of the Court, shall bind the parties represented by the

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undersigned counsel, the parties’ agents, officers, directors, employees, and

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representatives who receive notice of this stipulation and order, and all other

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parties who appear in this case during the course of this litigation. If non-parties

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produce documents and desire to have them produced under the terms of this

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Order, the parties agree to meet and confer and, if unable to agree, the non-parties

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may seek amendment to the Order by motion.

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IT IS SO STIPULATED:

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Dated: March 15, 2013

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GORDON & REES LLP
By:

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Dated: March 15, 2013

LAW OFFICE OF CRAIG P. FAGAN
By:

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s/Tamar Karaguezian
Tamar Karaguezian, Esq.
Attorneys for Defendants
CASDEN BURBANK, LLC;
CASDEN PROPERTY
MANAGEMENT, INC.

s/Craig P. Fagan
Craig P. Fagan, Esq.
Attorneys for Plaintiffs
KELLY JACKSON; GEORGINA
POLO; WENDY LUNGARO;
LIBORIO LUNGARO
CV12-06936 MWF (JCGx)

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ATTACHMENT “A”

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The undersigned hereby acknowledges that he/she has read the Protective

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Order agreed to by the parties and entered by the Court in the above-entitled action

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and understands the terms thereof, and agrees, upon threat of penalty of breach of

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contract and/or contempt of court, to be bound by such terms.

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In particular, the undersigned understands that the terms of the Protective
Order obligate him/her to use Confidential Information solely for the purposes of

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this litigation and any considerations of settlement hereof, and to not disclose any

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such Confidential Information to any other person, firm or concern not known to

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be bound by the Protective Order.

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PRINTED NAME:

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ADDRESS:

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PHONE NUMBER:

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Dated: ______________

__________________________________________

(Signature)

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[PROPOSED] ORDER ON STIPULATION
The Court hereby approves this stipulation. IT IS SO ORDERED.

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Dated: March 19, 2013

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________________________________
Judge of the United States District Court

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HCCG/1082911/15043458v.1

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