Armida Rodriguez v. Burlington Coat Factory Warehouse Corporation et al
Filing
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PROTECTIVE ORDER by Judge Dean D. Pregerson re Stipulation for Protective Order 14 . (NOTE: Changes have been made to the proposed order). (ib)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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ARMIDA RODRIGUEZ,
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Plaintiff,
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vs.
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BURLINGTON COAT FACTORY
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WAREHOUSE CORPORATION, a
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New Jersey Corporation;
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BURLINGTON COAT FACTORY, an )
unknown business entity;
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BURLINGTON COAT FACTORY OF )
CALIFORNIA LLC, a California
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Limited Liability Company;
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BURLINGTON COAT FACTORY
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WAREHOUSE OF CA, an unknown )
business entity, and DOES 1 through )
50, inclusive,
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Defendants. )
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CASE NO. CV13-02426 DDP (RZx)
Magistrate Judge: Ralph Zarefsky
Courtroom:
540
Complaint filed October 11, 2012
[PROPOSED] PROTECTIVE
ORDER ON STIPULATION OF THE
PARTIES
NOTE: CHANGES HAVE BEEN
MADE TO THIS DOCUMENT
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Pursuant to the Stipulation of the Parties, by and through their counsel of
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record, Plaintiff ARMIDA RODRIGUEZ (“Plaintiff”) and Defendants
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BURLINGTON COAT FACTORY WAREHOUSE CORPORATION and
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BURLINGTON COAT FACTORY OF CALIFORNIA LLC (collectively,
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“Burlington” or “Defendants”), this Court makes the following Order:
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1.
Proceedings and Information Governed. This Order will govern the
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video surveillance footage and documents produced by Burlington in this action.
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The information protected includes, but is not limited to, information produced in
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connection with Federal Rule of Civil Procedure 26, information contained in
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responses to demands for identification and production of documents or other
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things; responses to special interrogatories; deposition testimony and exhibits,
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including any documents or other information or materials that may be produced
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prior, or subsequent, to any depositions; and all copies, extracts, summaries,
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compilations, and portions of the foregoing.
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2.
“Confidential” Information or Material Defined. For purposes of this
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Order, “Confidential” information or material will mean all video surveillance
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footage, information, documents, or material that:
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Defendants); and
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b.
Is among the documents and information Defendants have
agreed to produce to Plaintiff; and
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Is produced for or disclosed to a receiving party (Plaintiff or
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contains private and confidential information of third parties or
proprietary information of Burlington.
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3.
Designation of “Confidential” Information or Material. All video
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surveillance footage and documents, including but not limited to the putative Class
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List, produced by Burlington will be designated as “Confidential” with a stamp or
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other inscription on the video disc and documents that states: “Confidential” or
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“Confidential Pursuant to Protective Order.”
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4.
Party’s Own Information. The restrictions on the use of
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“Confidential” information or material established by this Order apply only to the
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use by a party of “Confidential” information or material received from another
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party to this action, or from a non-party to this action, and shall not apply to the use
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by a party of her/its own information.
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///
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5.
Persons Authorized to Receive Confidential Information and Material.
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For purposes of this Order, the term “qualified recipient” of information and
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material that has been designated pursuant to the terms of the Stipulation of the
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Parties, and in compliance with this 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-
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 including outside consultants or experts;
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(c)
This Court and its personnel and jury members, and any
persons to whom the Court in this action orders that disclosures may be made.
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(d)
During their depositions, witnesses in this action to whom
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disclosure is reasonably necessary and only if the witnesses agree in writing to be
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bound by the terms of this Order.
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(e)
Any other person with prior written consent of the designating
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party. Each person to whom disclosure of “Confidential” information is made
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agrees to be subject to the jurisdiction of this Court solely for purposes of
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proceedings relating to that person’ s performance under, compliance with, or
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violation of this Order.
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6.
Use of “Confidential” Information or Material. Information or
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material designated as “Confidential” will be handled by the receiving party in
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accordance with the terms of the Stipulation of the Parties, and this Order.
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Information and material designated as “Confidential” will be held in confidence
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by the receiving party, will be used by each receiving party for purposes of this
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action and trial only and not for any business, competitive, marketing, or other
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purpose unless agreed to in writing in advance by all parties to this action or as
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authorized by further Order of the Court, and will not be disclosed to, or the
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substance discussed with, any person who is not a qualified recipient. The
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information or material produced, including but not limited to the putative Class
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List, will not be sold or provided to another person(s) or entity(ies), placed on any
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Internet website, or used to create any Internet website.
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Copies of “Confidential” Information or Material. Nothing in this
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Order shall prevent or otherwise restrict a qualified recipient from making working
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copies, abstracts, summaries, digests and analyses of “Confidential” information or
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material for use in connection with this action and trial only. All working copies,
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abstracts, summaries, digests and analyses will also be considered “Confidential”
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under the terms of this Order.
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8.
Transmission of “Confidential” Information or Material. Nothing in
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this Order shall prevent or otherwise restrict the transmission or communication of
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“Confidential” information or material between or among qualified recipients of
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such material.
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9.
Sealing and Filing of “Confidential” Information or Material. Any
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party seeking to file with the Court information or material designated as
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“Confidential” is required to file a motion or application with the Court to seal
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such records and to take whatever other and further steps are necessary in
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accordance with United States District Court, Central District, Local Rule 79-5, as
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well as all other applicable Federal and Local Court Rules.
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10.
Court Proceedings. Any portion of a court hearing or other
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proceeding that reveals “Confidential” information shall be held in camera in the
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Court’s discretion.
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11.
Challenging Confidentiality Designations. Any party may challenge a
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designation of information or material as “Confidential,” but shall do so in a
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prompt fashion. A party that elects to initiate a challenge to a designating party’s
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designation of information or material as “Confidential” shall first meet and confer
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in good faith with counsel for the designating party. If a challenge to a
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confidentiality designation cannot be resolved without Court intervention, the party
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making the challenge shall file and serve a motion under Local Rule 7 (and in
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compliance with Local Rule 79-5, if applicable) for an order that the information
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or material at issue not be so designated. Until the Court rules on the motion, the
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parties shall continue to treat the information or material in question as
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“Confidential” in accordance with the Stipulation of the Parties and this Order.
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Testimony. Any party shall identify on the record, before the close of
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the deposition, hearing or other pretrial proceeding, all information or material
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designated as “Confidential.” Alternatively, any party may invoke on the record
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(before the deposition, hearing or proceeding is concluded) a right to have up to
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twenty (20) calendar days to designate specific portions of the testimony, any
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exhibits thereto, or the entirety of the transcript as “Confidential.” During the
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twenty (20) calendar day period, the original, and all copies of any deposition
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transcript, and exhibits, will be initially considered as a whole to constitute
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“Confidential” information subject to this Order and will be conspicuously marked
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as such. In any event, pages of transcribed deposition testimony or exhibits to
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depositions that reveal information or material designated as “Confidential” must
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be separately bound by the court reporter and may not be disclosed to anyone
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except as permitted by this Order.
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Notwithstanding any provision of this Order to the contrary, any person may
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be examined as a witness at deposition and may testify concerning all
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“Confidential” information of which the person is the author, addressee or has
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knowledge. If the examination reveals “Confidential” information or material, the
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producing party will have the right to exclude from that portion of the deposition
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that reveals the “Confidential” information or material 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 or material. If the witness and/or his or her attorney is not a qualified
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recipient, then before the examination commences regarding the “Confidential”
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information or material, the witness and his or her attorney each will be requested
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to provide written confirmation that he or she will comply with the terms of this
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Order, and maintain the confidentiality of the “Confidential” information or
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material disclosed during the course of the interview or examination. If the
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witness and/or his or her attorney declines to provide written confirmation agreeing
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to the terms of this Order, the producing party has the right to adjourn the
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examination concerning the “Confidential” information and material to promptly
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seek a further protective order from the Court requiring that the witness and/or his
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or her attorney comply with the terms of this Order.
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Any court reporter who takes down testimony in this action that reveals
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“Confidential” information or material, through interview, examination, deposition
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or otherwise (collectively “deposition”), will be given a copy of this Order, and
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will be required to agree on the transcript of the deposition that he or she will not
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disclose any testimony and/or information that reveals “Confidential” information
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or material, except to the attorneys of record for the parties in this action or to such
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other qualified recipients as the attorneys of record for the parties so designate in
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writing to the court reporter.
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restrict an attorney who is a qualified recipient from:
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Attorneys’ Actions. Nothing in this Order will bar or otherwise
(a)
Rendering advice to his, her or its client with respect to this
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Generally referring to or relying on his or her examination of
action; or
documents that have been produced pursuant to this Order, and that contain
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“Confidential” information.
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Inadvertent Failures to Designate: An inadvertent failure to designate
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information or material as “Confidential” shall not waive the designating party’s
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right to subsequently secure protection under this Order. If any information or
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material is appropriately designated as “Confidential” after it is initially produced,
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the receiving party shall make reasonable efforts to assure that the information or
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material is treated as “Confidential” pursuant to the Stipulation of the Parties and
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this Order.
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No Probative Value. The fact that information has been designated as
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“Confidential” will not be admissible during trial. Any designation of information
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or materials as “Confidential” pursuant to this Order shall not be construed as an
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admission of relevance. This Order shall not constitute a waiver of the rights of any
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party to make objections or assert privileges in connection with discovery in this
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action or the introduction in this action of “Confidential” information or material
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on any grounds, other than those related to confidentiality pursuant to the terms of
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this Order.
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This Order will not abrogate or diminish any contractual, statutory, or other
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legal obligation or right of any party or person with respect to any “Confidential”
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information or material.
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16.
Return of Information and Materials. At the conclusion of this action,
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all “Confidential” information or material will, within sixty (60) days of written
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request of the party furnishing the information or materials, be delivered to the
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party that furnished the “Confidential” information or material, or shall be
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destroyed by the receiving party, whereupon the receiving party shall provide
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written confirmation to the designating party of the destruction of the
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“Confidential” information or material within the sixty (60) day time period
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described above. This provision shall not apply to court filings or file copies of
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pleadings, briefs or correspondence maintained by the parties’ respective counsel
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in the ordinary course of business.
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All “Confidential” information not embodied in written materials,
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documents, or tangible items will remain subject to this Order. For purposes of
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this paragraph, “conclusion of this action” shall mean, as to any party, the
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dismissal of that party from this action by Order of Court, whether by stipulation,
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Request for Dismissal, or other proceeding, or final judgment as against that party
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after expiration of all appellate rights or the time for any such appeal.
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This paragraph shall not apply to this Court or its personnel.
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Court’s Jurisdiction. The Court retains jurisdiction to make
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amendments, modifications, deletions, and additions to the Order approving the
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Stipulation of the Parties as the Court from time to time considers appropriate.
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This Order is entered without prejudice to the right of any party to apply to the
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Court at any time to modify the restrictions of this Order, when convenience or
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necessity requires.
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IT IS SO ORDERED; however, notwithstanding anything to the contrary
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stated above, this order shall not govern in connection with dispositive motions or
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at trial. A different legal standard applies at that time. . Foltz v. State Farm
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Mutual Auto Insurance Co., 331 F.3d 1122, 1136 (9th Cir. 2003); Kamakana v.
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City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). A party seeking
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protection in connection with either dispositive motions or at trial must make
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separate application to the judge presiding over those proceedings.
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Dated: August 26, 2013
______________________________
The Honorable Ralph Zarefsky
Magistrate Judge
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Submitted by:
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RASTEGAR LAW GROUP, APC
FARZAD RASTEGAR (SBN: 155555)
farzad@rastegarlawgroup.com
WENDY SHA (SBN: 240364)
wendy@rastegarlawgroup.com
1010 Crenshaw Boulevard, Suite 100
Torrance, CA 90501
Telephone: (310) 961-9600
Facsimile: (310) 961-9094
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Attorneys for Plaintiff ARMIDA RODRIGUEZ
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JOSHUA B. WAGNER (SBN: 162092)
jwagner@gordonrees.com
LISA K. GARNER (SBN: 155554)
lgarner@gordonrees.com
MARITA N. LAUINGER
mlauinger@gordonrees.com
GORDON & REES LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Telephone: (213) 576-5000
Facsimile: (213) 680-4470
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Attorneys for Defendants
BURLINGTON COAT FACTORY
WAREHOUSE CORPORATION;
BURLINGTON COAT FACTORY OF
CALIFORNIA LLC
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BCF/1084910/16535282v.1
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