Maren Equipment Leasing et al v. DHL Express USA

Filing 61

PROTECTIVE ORDER by Magistrate Judge Victor B. Kenton re Stipulation for Protective Order 60 . (See Order for details) (rh)

Download PDF
1 2 3 4 5 6 7 8 9 EDWIN V. WOODSOME, JR. (SBN 56305) Email: CHRISTOPHER S. RUHLAND (SBN 175054) Email: JAMES C. WALD (SBN 229108) Email: DECHERT LLP US Bank Tower 633 West 5th Street 37th Floor Los Angeles, CA 90071-2013 Telephone: +1 213 808 5700 Facsimile: +1 213 808 5760 Attorneys for Defendant DHL Express (USA), Inc. UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 MAREN EQUIPMENT LEASING, INC., a California corporation, GARY E. SMITH, an individual, and ELLIOT MASON, an individual, Case No. 2:12-CV-08244-ABC (VBKx) PROTECTIVE ORDER Plaintiffs, 15 16 v. 17 DHL EXPRESS (USA), INC., an Ohio corporation, et al., 18 Defendant. 19 20 21 22 23 24 25 26 27 28 D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 [PROPOSED] PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX) 1 The Parties, having shown good cause, seek a protective order limiting 2 disclosure thereof in accordance with Federal Rule of Civil Procedure 26(c). 3 4 Therefore, it is hereby stipulated and ORDERED that: I. DESIGNATED MATERIAL 5 Any documents, information or material produced or disclosed, formally or 6 informally, in this action (in whatever form, paper, electronic, video or otherwise) 7 and any material lodged with the Court may be designated as “CONFIDENTIAL” 8 or “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” by the person or entity 9 producing or lodging it or by any party to this action (the “Designating Person”). 10 All such information and material and all information or material derived from it 11 constitutes “Designated Material” under this Order. The designation may be made 12 to avoid invasions of individual privacy and to protect proprietary information, 13 confidential and/or proprietary business and/or financial information, and/or trade 14 secrets relating to the Designating Person’s business, personal, and/or financial 15 affairs. The designation shall be either “CONFIDENTIAL” or “CONFIDENTIAL 16 — ATTORNEYS’ EYES ONLY” so long as the Designated Material so designated 17 complies with the definitions in this section. 18 A. CONFIDENTIAL INFORMATION: The parties may designate as 19 “Confidential” those materials that contain or constitute information that is subject 20 to protection as private proprietary, trade secret, or otherwise commercially 21 sensitive. Material may also be designated as “Confidential” if the Designating 22 Party in good faith believes that disclosure of materials in this case may present a 23 risk of injury to the legitimate business interests of the Disclosing Party or any 24 other legitimate interest. Confidential information includes, but is not limited to, 25 trade secrets, all Materials reflecting, referring to or evidencing any information 26 deemed confidential by any local, state, or federal statute, ordinance, regulation, or 27 other law, business plans or forecasts, financial plans and forecasts, operational 28 plans and forecasts, and all private or sensitive commercial, financial, personal or D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 -1- [PROPOSED] PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX) 1 personnel, underwriting, rating, claims and insurance policy information. The 2 “Confidential Material” designation shall not include any material that has been 3 placed in the public domain and/or has been made available as a matter of public 4 record. 5 B. CONFIDENTIAL — ATTORNEYS’ EYES ONLY: The parties may 6 designate as “Confidential — Attorneys’ Eyes Only” those materials that contain or 7 constitute information that (1) is subject to protection as proprietary, trade secret, or 8 otherwise commercially sensitive, and (2) if disclosed to any other party in this 9 action (including without limitation co-plaintiffs), could work to the competitive 10 disadvantage of the disclosing party. Material designated as “Confidential - 11 Attorneys’ Eyes Only” shall not include material that has been placed in the public 12 domain and/or has been made available as a matter of public record. 13 C. The term “Material(s)” as used in this Order shall include but not be 14 limited to deposition and hearing transcripts, contracts, agreements, manuscripts, 15 correspondence, telegrams, telexes, text messages, e-mail communications, 16 computer printouts, computer disks, thumb drives and hard drives and all 17 information stored thereon, PowerPoint presentations, excel spreadsheets, reports, 18 records, schedules, customer lists, diaries, invoices, purchase orders, accounting 19 records and work sheets, charts, notes, estimates, summaries, inventories, drawings, 20 blueprints, patent applications, minutes of meetings, and memoranda including 21 intercorporate, intracorporate, interoffice and intraoffice memoranda, and 22 memoranda regarding conferences, conversations or telephone conversations, any 23 and all other taped, recorded, filmed, written or typed matters of any kind or 24 description, including the originals and all nonidentical copies, whether different 25 from the originals by reason of any notation made on such copies or otherwise, all 26 interrogatory answers, answers to requests for admissions and depositions 27 (stenographic or video), any physical objects, samples, designs or other items. 28 D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 -2- [PROPOSED] PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX) 1 D. The “Confidential” and “Confidential — Attorneys’ Eyes Only” 2 designations may include those portions of other Materials (including, without 3 limitation, deposition and hearing transcripts) that excerpt, summarize, or otherwise 4 disclose any Material designated as “Confidential” or “Confidential — Attorneys’ 5 Eyes Only.” 6 II. 7 8 9 10 ACCESS Designated Material shall not be used or disclosed for any purposes other than the litigation of this action and may be disclosed only as follows: A. discussed with anyone other than the following: 11 12 Material designated as “Confidential” shall not be disclosed to or 1. the parties, limited to in-house counsel and employees directly involved in the litigation; 13 2. 14 counsel; 15 3. the authors, addressees, or originators of the Material; 16 4. experts who have been retained by the parties; 17 5. the Court, its staff, and court reporters; 18 6. a person to whom reference is made in a deposition, document 19 or other discovery, but only as to information concerning that individual; 20 21 counsel for the parties, and persons employed by the parties’ 7. third persons engaged in duplicating Materials in connection with this litigation; and 22 8. witnesses or potential witnesses in this action, provided that 23 prior to disclosure they comply with section XII of this Order and shall not 24 retain any copies of Material designated “Confidential.” 25 B. Except pursuant to a stipulation between the parties or a subsequent 26 Court order, Material designated as “Confidential — Attorneys’ Eyes Only” shall 27 not be disclosed to or discussed with anyone other than the following: 28 D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 -3- [PROPOSED] PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX) 1 1. 2 outside counsel of record in this litigation and their employees as required by their duties; 3 2. the authors, addressees or originators of the Material; 4 3. experts who have been retained by the parties (the term 5 “experts” shall not include parties, employees of parties, or family members 6 of parties); 7 4. the Court, its staff and court reporters; and 8 5. third persons engaged in duplicating Materials for use in this 9 litigation. 10 C. Material designated “CONFIDENTIAL — ATTORNEYS’ EYES 11 ONLY” may not be disclosed to the officers, directors, in-house counsel, members 12 and/or employees of parties to this action, except that Material designated 13 “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” may be disclosed to 14 individuals to whom such designated Material was disclosed prior to initiation of 15 the litigation set forth in the above-captioned action. 16 D. Copies may be made by or for the foregoing persons, provide that all 17 copies are appropriately marked. All copies are subject to paragraph VIII of this 18 Order. 19 E. The designation of any Material as “CONFIDENTIAL” or 20 “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” shall not preclude any party 21 from showing the document to any person who appears as an author, addressee or 22 recipient on the face of the document. 23 III. DESIGNATING MATERIAL 24 The Disclosing Party’s failure to designate Material as “CONFIDENTIAL” 25 or “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” at the time of production 26 or disclosure of the Material does not waive its right later to designate the Material 27 as “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” 28 After any designation, each Receiving Party shall treat the designated Material as D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 -4- [PROPOSED] PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX) 1 either “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES 2 ONLY,” and subject to the protections of this order. 3 When a party producing Material wishes to designate some portion as 4 “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” such 5 designation shall be made by placing an appropriate legend on each page of the 6 Material prior to production. If Material, such as native electronic files, cannot 7 reasonably be designated as “CONFIDENTIAL” or “CONFIDENTIAL — 8 ATTORNEYS’ EYES ONLY” by placing a legend on each page of the Material, 9 the Disclosing Party may make such designation by affixing a label to the CD, 10 DVD, or other medium used to compile the Materials. When a party wishes to 11 designate as “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES 12 ONLY” Material produced by someone other than the Designating Person, such 13 designation shall be made: (a) within ten (10) business days from the date that the 14 Designating Party receives notice that the Material has been produced; and (b) by 15 notice to all parties, identifying with particularity the designated Material. 16 IV. 17 DESIGNATING DEPOSITIONS A. All testimony which refers to Designated Materials, and all deposition 18 exhibits that consist of or contain Designated Materials shall automatically be 19 deemed designated “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ 20 EYES ONLY” in accordance with the level of protection given to the 21 DESIGNATED MATERIALS discussed in the testimony or included in the 22 deposition exhibit. Deposition transcripts or videos or portions thereof may be 23 designated as “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES 24 ONLY” by a party either: (i) before the testimony is recorded, in which case the 25 transcript or video of the designated testimony shall be bound in a separate volume 26 and/or marked by the reporter, as the Designating Person may direct, or (ii) by 27 captioned, written notice to the reporter and all counsel of record, given within ten 28 (10) business days after the reporter sends written notice that the transcript is D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 -5- [PROPOSED] PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX) 1 available for review, in which case all counsel receiving such notice shall be 2 responsible for marking the copies of the designated transcript, video, or portion 3 thereof in their possession or control as directed by the Designating Person. 4 B. Where testimony is designated at a deposition, the Designating Person 5 may exclude from the deposition all persons other than those to whom the 6 Designated Material may be disclosed under paragraph II of this Order. 7 C. Any party may mark Designated Material as a deposition exhibit and 8 examine any witness thereon, provided that the deposition witness is one to whom 9 the exhibit may be disclosed under paragraph II of this Order and the exhibit and 10 related transcript pages receive the same confidentiality designation as the original 11 Material. 12 V. 13 COURT PROCEDURES In applications and motions to the Court, all submissions of Designated 14 Material marked “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” must be 15 made by filing an application to file the Material under seal pursuant to L.R. 79-5. 16 Unless otherwise ordered by the Court, any hearing which may refer to or describe 17 Designated Material marked “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” 18 shall be held only after appropriate steps are taken to ensure that the confidentiality 19 of the information is preserved during the hearing. 20 VI. 21 OBJECTIONS A party may challenge the designation of any Material produced under this 22 Order at any time prior to a trial, dismissal with prejudice or other resolution of this 23 proceeding. A challenge may be made by filing and serving on all other parties a 24 captioned notice of objection, which shall identify with particularity the items as to 25 which the designation is challenged, state the basis for each challenge and propose 26 a new designation for each item. If the parties cannot reach an agreement within 27 ten (10) days, the challenged Material shall be submitted to the Court, under seal 28 when appropriate, for resolution as required by L.R. 37-1, 37-2, 79-5, and any other D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 -6- [PROPOSED] PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX) 1 applicable rules. The original designations shall remain effective until ten (10) days 2 after entry of an order designating the Materials and during the pendency of any 3 writ or petition filed within the ten (10) day period. 4 VII. INADVERTENT DISCLOSURE 5 A. To facilitate the discovery process in this matter in light of the large 6 volume of documents and electronically-stored information, Material that is subject 7 to a claim of attorney/client privilege, work product protection or any other 8 applicable privilege by the disclosing party does not lose its protected status 9 through disclosure to the Receiving Party, and disclosure of such Material does not 10 constitute a waiver of a claim of privilege by the disclosing party. At any time after 11 producing Material, the disclosing party may assert the attorney-client privilege, 12 work product protection or other privilege relating to that Material or any portion of 13 that Material, and the validity of such assertion shall not be affected by the 14 disclosure of the Material to the Receiving Party. In addition, Material designated 15 “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” does 16 not lose protected status through an unauthorized disclosure, whether intentional or 17 inadvertent, by a Receiving Party. If such a disclosure occurs, the parties shall take 18 all steps reasonably required to assure the continued confidentiality of the Material. 19 B. If Material is produced in discovery that is subject to a claim of 20 privilege or of protection as trial-preparation material, the party making the claim 21 may notify any Receiving Party of the claim and the basis for it. After being 22 notified, the Receiving Party (1) must promptly return, sequester, or destroy the 23 specified Material and any copies it has; (2) may not use or disclose the information 24 until the question of its privileged or protected status is determined; (3) provide a 25 list including the name, title, and contact information, for every person to whom the 26 Receiving Party disclosed the specified Material and any and all information found 27 within it; and (4) take reasonable steps to retrieve the specified Material if the 28 Receiving Party disclosed it before being notified of the claim of privilege. D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 -7- [PROPOSED] PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX) 1 C. If a Receiving Party challenges the privilege designation, the 2 Receiving Party must sequester the Material and a joint stipulation must be filed 3 with the Court, pursuant to L.R. 37-1 and 37-2, within ten (10) days, seeking a 4 determination of the asserted privilege claim. Any copies of the Materials that are 5 the subject of the challenge must be submitted to the Court by filing an application 6 to file the Materials under seal. If the Receiving Party challenges the privilege 7 designation, it shall not be permitted to use the disclosure of the Material to the 8 Receiving Party or any party in this action as a basis for such challenge. 9 VIII. NO PREJUDICE 10 A. Nothing in this Order shall preclude any party from seeking and 11 obtaining additional or different protection with respect to the confidentiality of any 12 document or information produced or disclosed in connection with the above- 13 captioned litigation. 14 B. This Order shall not diminish any existing obligation or right with 15 respect to Designated Material, nor shall it prevent a disclosure to which the 16 Designating Person consents in writing before the disclosure takes place. 17 C. Unless all parties stipulate otherwise, evidence of the existence or 18 nonexistence of a designation under this Order shall not be admissible for any 19 purpose during any proceeding on the merits of this action. 20 D. A party may seek to make late designations of discovery by stipulation 21 or court order if the party failed to make a timely designation through mistake or 22 inadvertence. 23 IX. FINAL DISPOSITION 24 Upon final termination of the action and at the written request of the 25 designating or the producing person, all Designated Material and all copies thereof 26 shall be destroyed. However, outside counsel may retain pleadings, attorney and 27 consultant work product, depositions, and one copy of each item of Designated 28 Material for archival purposes with the Designated Material. D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 -8- [PROPOSED] PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX) 1 X. MODIFICATION AND SURVIVAL 2 The restrictions imposed by this Order may only be modified or terminated 3 by written stipulation of all parties or by order of this Court. No modification by 4 the parties shall have the force or effect of a Court order unless the Court approves 5 the modification. This Order shall survive termination of this action. And this 6 Court shall maintain jurisdiction to enforce and/or modify this Order. 7 XI. 8 9 NO CONTRACT This stipulation is for the Court’s consideration and approval as an order. It shall not be construed to create a contract between the parties or between the parties 10 and their respective counsel. 11 XII. AGREEMENT OF PERSONS TO WHOM MATTER DISCLOSED 12 Each qualified person, with the exception of the Court and Court personnel, 13 to whom such confidential information is furnished, shown or disclosed shall first 14 be provided with a copy of this Stipulated Protective Order, shall execute an 15 agreement in the form attached hereto as “Exhibit A” and shall be bound by this 16 Stipulated Protective Order. The counsel of record shall maintain the executed 17 agreement and a list of each person to whom confidential information is disclosed 18 and shall deliver such list to counsel for the party whose confidential information is 19 concerned upon written demand. Counsel for each party shall advise those persons 20 employed or retained in clerical, stenographic, or other ministerial functions of the 21 restrictions provided herein upon dissemination of Designated Material 22 information, and shall secure compliance of such persons with the terms of this 23 Stipulated Protective Order. 24 XIII. THIRD PARTIES 25 Any third party producing Materials in this action pursuant to a subpoena 26 may produce documents subject to the confidentiality designations of this Order by 27 endorsing a copy of the agreement attached as “Exhibit A” and delivering it to the 28 Requesting Party who shall retain a copy of the endorsed agreement and, if D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 -9- [PROPOSED] PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX) 1 requested, shall provide a copy upon counsel for the other parties. Endorsing a 2 copy of this agreement, however, does not confer other rights to third parties, 3 including access to documents produced subject to this Order. 4 5 So ORDERED, this __9th___day of April, 2013. 6 7 /s/ Honorable Victor B. Kenton United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 - 10 - [PROPOSED] PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX) 1 Exhibit “A” 2 AGREEMENT TO BE BOUND 3 BY PROTECTIVE ORDER 4 5 I, , have read and agreed to 6 be bound by the Protective Order in Maren Equipment Leasing, Inc. v. DHL 7 Express (USA), Inc., Case No. 2:12-CV-08244-ABC (VBKx), pending in the 8 United State District Court, Central District of California. 9 10 Signature 11 12 Typed or Printed Name 13 14 Date 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D ECHERT LLP ATTORNEYS AT LAW LOS ANGELES 14589840.2 Exhibit A - 11 - PROTECTIVE ORDER CASE NO. 2:12-CV-08244-ABC (VBKX)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?