Adela Ramirez v. Hobart Corporation et al

Filing 50

STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 46 . In order to preserve and maintain the confidentiality of certain confidential, commercial and/or proprietary documents and information produced or to be produced by ITW Food Equipment Group LLC ("ITW FEG")in this action, it is ordered that: SEE ORDER FOR DETAILS. ***** NOTE CHANGES MADE BY THE COURT ***** (mp)

Case 2:: -cv-10023-ABC-AGR Document 46 Filed 02/11/14 Page 1 of 13 Page ID #:269

2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

3
4
5

6 Adela Ramirez, et al.,
7

CASE NO. 12-CV-10023-ABC (AGRx)
[Magistrate Judge Alicia G. Rosenberg]

Plaintiffs,

8
VS.

9
10 11W Food Equipment Group LLC,
11

Defendant.

12
13
14

STIPULATED SHARING AND NON-SHARING PROTECTIVE
ORDER

15

In order to preserve and maintain the confidentiality of certain confidential,

16 commercial and/or proprietary documents and information produced or to be
I
17
produced by ITW Food Equipment Group LLC ("11W FBG") in this action, it is
18 I
19 I ordered that:
20

1.

Documents to be produced by ITW FEG in this litigation that contain

21

22

confidential, commercially sensitive and/or proprietary information shall hereafter

23 I be referred to as "Protected Documents." A document or portion of a document that
24
25

26
27
28

I ITW FEG determines in good faith to be a Protected Document may be designated
I as confidential by marking or placing the applicable notice "Subject to Non-Sharing
I Protective Order," "Subject to Protective Order," "Confidential," or substantially
I similar language on media containing Protected Documents, on the document itself,
I STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER

Case 2:1-cv-10023-ABC-AGR Document 46 Filed 02/11/14 Page 2 of 13 Page ID #:270

I

2

or on a copy of the document, in such a way that it does not obscure the text or other
I content of the document.

3
4

2.

As used in this Order, the term "documents" means all written material,

5 videotapes and all other tangible items, produced in whatever format (e.g., hard
6

copy, electronic, digital, etc.) and on whatever media (e.g., hard copy, videotape,

7
8 computer diskette, CD-ROM, DVD, hard drive or otherwise).
9
10
11

3.

Any document or any information designated as "Subject to Non-

Sharing Protective Order," "Subject to Protective Order," "Confidential," or

12 substantially similar language in accordance with the provisions of this Order shall
13 only be used, shown or disclosed as provided in this Order.
14

15

4.

If a party disagrees with the "Protected" designation of any document,

16 the party will so notifS, ITW FEG in a written letter, identifying the challenged
17 document(s) with specificity, including Bates number(s) where available. If the
18
19

parties are unable to resolve the issue of confidentiality regarding the challenged

20 document(s), ITW FEG will then timely apply to the Court to set a hearing for the
21 purpose of establishing that the challenged document(s) is/are confidential. Any
22
23

document so marked as "Protected" will continue to be treated as such pending

24 determination by the Court as to its confidential status.

25

5.

Protected Documents and any copies thereof received pursuant to

26
27 paragraph 6 below shall be maintained confidential by the receiving party, his/her
28

2
STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER

I

Case 2:i4-cv-10023-ABC-AGR Document 46 Filed 02/11/14 Page 3 of 13 Page ID #:271

1

2
3
4

11 attorney, other representatives, and expert witnesses, and shall be used only for
lipreparation for the trial of this matter, subject to the limitations set forth herein.
6.

Protected Documents shall be disclosed only to "Qualified Persons."

5 IQualified Persons are limited to:
6
7

8

a.

Counsel of Record for the parties;

b.

Non-technical and clerical staff employed by Counsel of Record

9

and involved in the preparation and trial of this action;

10
C.

11

Experts and non-attorney consultants retained by the parties for

12

the preparation and/or trial of this case, provided that no

13

disclosure shall be made to any expert or consultant who is

14

employed by a competitor of ITW FEG; and

15
16

d.

17
18
19

The Court, the Court’s staff, witnesses, and the jury in this case;
and

e.

With respect to documents designated as "Sharing" or "Subject

20

to Protective Order," attorneys representing Plaintiff(s), and the

21

experts and non-attorney consultants retained by such attorneys,

22
23

in other cases pending against ITW PEG relating to the MG 1532

24

mixer-grinder, provided no disclosure shall be made to any

25

expert or consultant who is employed by a competitor of ITW

26
27

FEG.

28

3
STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER

I

Case 2:1"-cv-10023-ABC-AGR Document 46 Filed 02/11/14 Page 4 of 13 Page ID #:272

1
2

7.

Plaintiff/Plaintiffs’ Counsel must make reasonable efforts to ensure the

individuals described in paragraphs 6(c) and 6(e) above are Qualified Persons.
8.

Before receiving access to any Protected Document or the information

5 contained therein, each person described in paragraphs 6(c) and 6(e) above shall
6
execute a "Written Assurance" in the form contained in Exhibit A, attached hereto.
7
8 Counsel for Plaintiffs shall retain each such executed Written Assurance and shall
9 keep a list identifying (a) all persons described in paragraphs 6(c) and 6(e) above to
10
whom Protected Documents have been disclosed, and (b) all Protected Documents
11
12 disclosed to such persons. Each such executed Written Assurance and list shall be
13 submitted to counsel for ITW FEG at the termination of this litigation or upon Order
14
of the Court requiring production, whichever comes first. However, for consulting
15
16 experts who were not designated as testifying experts, Plaintiffs’ counsel may redact
17 the name, address, and signature of the consultant before disclosing the executed
18
Exhibit A and document list for that person. To the extent the "Qualified Persons"
19
20 described in paragraph 6(c) or 6(e) above include privileged non-testifying expert
21 consultants, Counsel for Plaintiffs shall retain each such executed Exhibit A and
22
23 shall keep a list identifying (a) all such non-testifying expert consultants described
24 in paragraphs 6(c) and 6(e) above to whom Protected Documents have been
25 disclosed, and (b) all Protected Documents disclosed to such persons. In the event
26
27 that ITW FEG seeks to compel the production of each unredacted and executed
28 Exhibit A for good cause, Counsel for Plaintiffs shall submit each unredacted and

4
STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER

Case 2:1-CV-10023-ABC-AGR Document 46 Filed 02/11/14 Page 5 of 13 Page ID #:273

1 executed Exhibit A and list to the Court for in camera inspection. Persons described
2 in paragraph 6(b) shall be covered under the signature of Counsel of Record.
9.

4

As the Protected Documents may only be distributed to Qualified

5 Persons, Plaintiff’s/Plaintiffs’ Counsel, and all persons described in paragraph 6
6
above, may not post Protected Documents on any website or internet accessible
8 document repository and shall not under any circumstance sell, offer for sale,
9 advertise, or publicize either the Protected Documents and the Confidential
10
information contained therein or the fact that such persons have obtained ITW
11
12 FEG’s Protected Documents and Confidential information.
13
14

10. To the extent that Protected Documents or information obtained
therefrom are used in the taking of depositions and/or used as exhibits at trial, such

16 documents or information shall remain subject to the provisions of this Order, along
17 with the transcript pages of the deposition testimony and/or trial testimony dealing
18
with, referring to or referencing the Protected Documents or information.
19
11. All documents that are filed with the Court that contain any portion of
20
21 any Protected Document or information taken from any Protected Document shall
-o
Lc-f
vtk4 i4k
22
be
dunder seal pursuant to localowttpr.aeti
i.n-a..seaied-n.velope-.orothr

f

rv.LL i-

() 24

ppropriasea1edontner-en-whieh-hall-be-ender-sed-the4it1e-ef-the--aGt4Gn-to-

25
26

27
28
5
STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER

Case 2:19-cv-10023-ABC-AGR Document 46 Filed 02/11/14 Page 6 of 13 Page ID #:274

n
o
-

1
2

or container shall not be

order of the Court, excepi

by officers of the

3

who, after reviewing the contents,

4 shWl-retVritheni the clerk in a sealed envelopeoainL
5
6

7

’

12.

Any court reporter or transcriber who reports or transcri

in this action shall agree that all "confidential" information designated as such under

8 this Order shall remain "confidential" and shall not be disclosed by them, except
9 pursuant to the terms of this Order, and that any notes or transcriptions of such
10
testimony (and any accompanying exhibits) will be retained by the reporter or
11
12 delivered to counsel of record.
13
14
15

13.

To the extent ITW FEG is requested to produce documents it has

’determined should not be subject to the sharing provision of this protective order in

16 paragraph 6(e), ITW PEG will designate such documents as "Non-Sharing."
17 Documents designated as "Non-Sharing" shall not be shared under paragraph 6(e).
18
14. With respect to Protected Documents designated as "Non-Sharing,"
19
20 within ninety (90) days after the conclusion of this case, counsel for the parties who
21 received Protected Documents, including any documents that any such party
22
disclosed to any person described in paragraph 6(c) above, shall either (a) return to
23
24 11W FEG the Protected Documents; or (b) securely destroy the Protected
25 Documents and certify such destruction to ITW FEG.
26
15. With respect to documents designated as "Sharing" or "Subject to
27
28 Protective Order," Counsel for the parties shall not be required to return the

6
STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER

Case 2:1-cv-10023-ABC-AGR Document 46 Filed 02/11/14 Page 7 of 13 Page ID #:275

1 Protected Documents to ITW FEG after the conclusion of this case and may retain
2 the documents pursuant to the terms of this Order.
3
16. Inadvertent or unintentional production of documents or information
5 containing confidential information that should have been designated as Protected
6
Document(s) shall not be deemed a waiver in whole or in part of the party’s claims

8 of confidentiality.
9
10

17. This Protective Order may not be waived, modified, abandoned or
terminated, in whole or part, except by an instrument in writing signed by the

12 parties. If any provision of this Protective Order shall be held invalid for any reason
13 whatsoever, the remaining provisions shall not be affected thereby.
14
18. After termination of this litigation, the provisions of this Order shall
15
16 continue to be binding. This Court retains and shall have jurisdiction over the
17 parties and recipients of the Protected Documents for enforcement of the provisions
18
of this Order following termination of this litigation.
19
19. This Protective Order shall be binding upon the parties hereto, upon
20
21 their attorneys, and upon the parties’ and their attorneys’ successors, executors,
22
23 personal representatives, administrators, heirs, legal representatives, assigns,
24 subsidiaries, divisions, employees, agents, independent contractors, or other persons
25 or organizations over which they have control.
26
27
28

7
STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER

Case 2:1-cv-10023-ABC-AGR Document 46 Filed 02/11/14 Page 8 of 13 Page ID #:276

1

20. A breach of the terms of this Orderi ’ ntitle ITW FEG to

3 appropriate sanctions, including, but not limited to attorneys’ fees and costs incurred
in the enforcement of this Order.
5

So Ordered, this 2&day of

2014.

Gib r a

Magistrate Judge Alicia G. Rose erg

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

8
STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER

Case 2:12-cv-10023-ABC-AGR Document 46 Filed 02/11/14 Page 9 of 13 Page ID #:277

1 AGRE D and APPROVED:
3 LuizaManuelian (Bar No. SBN 233154)
Sally Hosn (Bar No. SBN 276231).
Poole & Shaffrey, LLP
5 400 South Hope Street, Suite 1100
6 Los Angeles, CA 90071
Attorneys for Defendant JTWFOOD EQUIPMENT GROUP LL
/s/Elizabeth B. Wright

9 Elizabeth B. Wright (admitted pro hac vice)
10 Andrew H. Cox (admitted pro hac vice)
Conor A. McLaughlin (admitted pro hac vice)
11 Thompson Nine LLP
12 3900 Key Center
127 Public Square
13 Cleveland, OH 44114-1291
14 Attorneys for Defendant JTW FOOD EQUIPMENT GROUP LLC

15
16 Isl
Frank J. D’Oro
17 carl Kremer
18 Wesierski & Zurek LLP
1000 Wilshire Boulevard
19 Suite 1750
20 Los Angeles, California 90017
Attorneys for Plaintiffs ADELA RAMIR.EZ and
21 VALLARTA FOOD ENTERPRISES, INC.
22
24 Dennis W. Ryan
Dennis W. Ryan, Inc.
.
25 21731 Ventura Blvd., Suite 180
Woodland Hills, CA 91364
26 Telephone: [phone]
27 Attorney for PlaintiffADELA RAMIREZ
28

STIPULATED SHARING AND NON-SHARING PROTECTIVE ORU1I(

Case 2:12-cv-10023-ABC-AGR Document 46 Filed 02/11/14 Page 10 of 13 Page ID #:278

1

AGREED and APPROVED:

2
3

Luiza Manuelian (Bar No. SBN 233154)
4 Sally Hosn (Bar No. SBN 27623 1)
Poole & Shaffrey, LLP
5 400 South Hope Street, Suite 1100
6 Los Angeles, CA 90071
Attorneys for Defendant ITWFOOD EQUIPMENT GROUP LLC
7

8
9 Elizabeth B. Wright (admitted pro hac vice)
10 Andrew H. Cox (admitted pro hac vice)
Conor A. McLaughlin (admitted pro hac vice)
11 Thompson Hine LLP
12 3900 Key Center
127 Public Square
13 Cleveland, OH 44114-1291
14 Attorneys for Defendant ITWFOOD EQUIPMENT GROUP LLC

1

15
16

Frank J. D’Oro
17 Carl Kremer
18 Wesierski & Zurek LLP
1000 Wilshire Boulevard
19 Suite 1750
20 Los Angeles, California 90017
AttorneysforPlaintiffisADELA RAMIREZ and
21 VALLARTA FOOD ENTERPRISES, INC.
22
23 j,’ <_
24 Dennis W. Ryan "
Dennis W. Ryan, Inc.
25 21731 Ventura Blvd., Suite 180
Woodland Hills, CA 91364
26 Telephone: [phone]
27 Attorney for PlaintiffADELA RAMJREZ
28

Prop ose d ShiNon-Shnrtmj1’rotctiv Otikr- v2 (L0IS53I8xC2I3A8).1 ShnringNoi-Sharing Piotet’wo Oder -v2 (101553

STIPULATED SHARING AND NON-SHARING PROTECTIVE ORDER

Case 2

10023-ABC-AGR Document 46 Filed 02/11/14

Page 11 of 13 Page ID #:279

1

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

2
3
4
5

Adela Ramirez, et al.,

6
7

CASE NO. 12-CV-10023-ABC (AGRx)
[Magistrate Judge Alicia G. Rosenberg]

Plaintiffs,
VS.

8
9 ITW Food Equipment Group LLC,
10

Defendant.

11

EXHIBIT A

12
13

being

AFFIDAVIT OF

14 duly sworn and personally appearing before the undersigned attesting officer, duly
15

authorized by law to administer oaths, deposes and says that the within statements

16
17
18
19

are true and correct:
1.
I have read the Stipulated Sharing and Non-Sharing Protective Order attached

20
21
22
23

hereto, and I understand its terms and meanings.
2.
I agree that my signature below submits me to the jurisdiction of the United

24
25 States District Court, Central District of California, in the above captioned case and
26 binds me to the provisions of the Stipulated Sharing and Non-Sharing Protective

27 Order, including to all promises undertaken in the Order, as if originally agreed by
28
me.

Case 2:1 - cv-10023-ABC-AGR Document 46 Filed 02/11/14 Page 12 of 13 Page ID #:280

1
2

Further Affiant sayeth not.
This

day of

, 20.

3
4

5
AFFIANT

6
7
8 SUBSCRIBED AND SWORN to before me
this
day of______________
9
10
11 NOTARY PUBLIC
12 Name:
No.:
13 My Commission Expires:
14
15
16
17
18
19
20
21
22
23
24

25
26
27
28
2

Case 2:1-cv-10023-ABC-AGp Document 46 Filed 02/11/14 Page 13 of 13 Page ID #:281

1
2

CERTIFICATE OF SERVICE

A copy of the foregoing was filed electronically this 11th day of February,

3
2013 with the Clerk of Court using the CM!ECF system. Service will, be made
5 through the Court’s CMIECF system on all parties and attorneys so registered, and
6 all parties may access this filing through the Court’s system.
7

8

9
10
11
12
13
14
15

16
17
18
19
20
21
22
23
24
25
26

27
28

/s/ Elizabeth B. Wright
One of the Attorneys for Defendant
11W Food Equipment Group LLC