Trustees of the Southern California IBEW-NECA Pension Plan et al v. CIE Inc et al

Filing 23

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 21 . IT IS HEREBY ORDERED, pursuant to the "Stipulation for Protective Order" entered into by and among the Trustees and the LAUSD, and good cause appearing therefore: The LAUSD shall produce the Unredacted CPRs requested in the Subpoena within 30 days of the issuance of this Order. (SEE ORDER FOR DETAILS.) (mp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TRUSTEES OF THE SOUTHERN
CALIFORNIA IBEW-NECA PENSION
PLAN, et al.,

Case No. CV 12-09070 JFW(AGRx)
Discovery Matters Assigned to the
Honorable Alicia G. Rosenberg

Plaintiffs,

PROTECTIVE ORDER

vs.
C I E Inc., a California corporation also
doing business as “Cayson Industrial
Electric, Inc.”; MICHAEL ROBERT
CAYSON, an individual doing business as
“C I E” and “Cayson Industrial Electric,”
Defendants

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On February 26, 2013, Plaintiffs, Trustees of the Southern California IBEW-

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NECA Pension Plan, et al. (collectively the “Trustees”) served on the Los Angeles

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Unified School District (the “LAUSD”) a subpoena (the “Subpoena”) requesting

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production of unredacted certified payroll records (“Unredacted CPRs”) prepared by

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CIE, CIE Inc., Cayson Industrial Electric Inc., Cayson Industrial Electric and/or Michael

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Robert Cayson (collectively the “Defendants”).

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The Unredacted CPRs contain the names, addresses, and social security numbers

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(“Identification Information”) of the Defendants’ employees.

Although this

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Identification Information is confidential in nature, the Trustees require the information

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in order to calculate fringe benefit contributions allegedly owed by Defendants.
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Protective Order
PROTECTIVE ORDER.DOC

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IT IS HEREBY ORDERED, pursuant to the “Stipulation for Protective Order”

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entered into by and among the Trustees and the LAUSD, and good cause appearing

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therefore:

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1.

The LAUSD shall produce the Unredacted CPRs requested in the

Subpoena within 30 days of the issuance of this Order.

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2.

The Trustees shall not furnish, show, disclose or otherwise disseminate the

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Unredacted CPRs to any person except to: (a) the Trustees, their agents and employees;

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(b) counsel for the Trustees and office personnel assisting counsel in the preparation and

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trial of this action; and (c) experts and consultants who are assisting said counsel in

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preparation and/or trial.

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subparagraphs (a) through (c) to be bound to this order.

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3.

The Trustees shall require any person(s) identified in

The Unredacted CPRs may only be used for the purpose of calculating,

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collecting and allocating fringe benefit contributions allegedly owed by the Defendants

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to the Trustees for work performed by employees of the Defendants. The Unredacted

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CPRs may not be used for any other purpose by anyone, including those persons

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identified in Paragraph 2 herein.

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4.

The Unredacted CPRs produced pursuant to the Subpoena shall be

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maintained in the possession and control of the Trustees and the Trustees’ counsel in

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such a manner that the information is not accessible to individuals not bound by this

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order.

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5.

Unless a court orders otherwise, the Trustees may only file the Unredacted

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CPRs with a court after obtaining an “order to seal” pursuant to the applicable

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procedural rule.

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6.

The Trustees may redact the Unredacted CPRs by blocking out the

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employees’ first and middle names (including any initials), addresses, and social

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security numbers contained therein. These redacted CPRs, showing the employees’ last

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names, may be provided to the Defendants in this action and may be filed with the Court

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without an order to seal.
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Protective Order
PROTECTIVE ORDER.DOC

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7.

In the event that the Trustees are ordered by a court or any state, federal or

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governmental unit to produce the Unredacted CPRs, they shall provide reasonable

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notice to the LAUSD, through their counsel, of that court order or command, so as to

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allow the LAUSD to file an appropriate opposition to such order or command.

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8.

The terms of this Order shall remain in full force and effect and shall not

cease to be in effect because of the final adjudication of this litigation.
9.

Upon resolution of this action in trial court, the Unredacted CPRs shall be

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held by Trustees’ counsel pending final resolution of this litigation by appeal or

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otherwise. Within six (6) months after such final resolution, the Unredacted CPRs shall

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be shredded by the Trustees’ counsel. The Trustees’ counsel shall give the LAUSD,

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through its counsel, notice when the Unredacted CPRs have been shredded.

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DATED: March 13, 2013

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__________________________________
UNITED STATED DISTRICT COURT
MAGISTRATE JUDGE

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Protective Order
PROTECTIVE ORDER.DOC