Juan Perez v. Alta-Dena Certified Dairy LLC et al

Filing 35

STIPULATED PROTECTIVE ORDER by Judge Manuel L. Real re Stipulation for Protective Order 34 (pj)

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MARC M. SELTZER (54534)
[e-mail]
KATHRYN P. HOEK (219247)
[e-mail]
STEVEN G. SKLAVER (237612)
[e-mail]
AMANDA BONN (270891)
[e-mail]
SUSMAN GODFREY L.L.P.
1901 Avenue of the Stars, Suite 950
Los Angeles, CA 90067
Telephone: [phone]
Fax: [phone]

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Attorneys for Defendant Alta-Dena Certified Dairy, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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JUAN PEREZ, on behalf of himself and
those similarly situated,
Plaintiffs,

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v.
ALTA-DENA CERTIFIED DAIRY,
LLC, a Delaware Limited Liability
Company; and DOES 1 through 10,
inclusive,

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Defendants.
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2831012v1/013775

Case No. CV 13-04335 R (FFMx)
Assigned to the Hon. Manuel L. Real
CLASS ACTION
STIPULATED PROTECTIVE
ORDER

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WHEREAS, the Court finds that good cause exists for issuance of this

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Protective Order (“Order”) pursuant to Rule 26 (c) of the Federal Rules of Civil

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Procedure to establish a procedure for use and/or disclosure of Confidential

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Information and to govern the inadvertent production of Privileged Information, as

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those terms are defined herein, and that entry of this Order is appropriate.

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THEREFORE, IT IS HEREBY ORDERED THAT:

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Certain materials, information, Documents (as defined in paragraph 1 below)

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or testimony (collectively “Discovery Materials”) produced or given by the parties

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or non-parties in the course of pre-trial discovery or used or produced at trial in this

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action will involve disclosure of confidential, proprietary, financial, technical,

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scientific, personnel, and business information (“Confidential Information”).

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Moreover, despite the reasonable precautions taken by the parties, Confidential

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Information and/or documents protected by the attorney-client privilege, attorney

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work product or any other privilege (“Privileged Information”) may be

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inadvertently disclosed.

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provisions shall govern disclosure and use of all such Discovery Materials

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containing Confidential Information and the return of inadvertently disclosed

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Privileged Information.

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1.

Accordingly, the parties agree that the following

As used herein, “Documents” shall include data (including electronic

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data) and any other material (and their contents) produced through discovery by the

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parties, as well as any portion of a transcript of a deposition or other proceeding,

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exhibit, affidavit, declaration, answers to interrogatories, or responses to request for

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admissions.

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2.

Confidential Information may be found in, but not limited to, all or any

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of the following specifically designated “Confidential” or “Confidential –

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Attorney’s Eyes Only” Documents and the content thereof: (a) Documents,

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depositions or testimony, responses to written discovery, and any other information

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or material produced or otherwise made available to the parties in this action; (b)
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copies, extracts, reports, studies, notes, complete or partial summaries and other

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Documents or materials made or prepared from Confidential Information except

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that it shall exclude attorney work product; and (c) transcripts, exhibits and other

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pleadings or writings that summarize or otherwise disclose Confidential

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Information.

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3.

Each Party or non-party that designates information or items for

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protection under this Order must take care to attempt to limit any such designation

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to specific material that qualifies as “Confidential” or “Confidential – Attorney’s

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Eyes Only.” If it comes to a Party’s or a non-party’s attention that information or

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items that it designated for protection do not qualify for protection, that Party or

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non-party must promptly notify all other parties that it is withdrawing the mistaken

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designation.

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This Order covers Documents and/or information or material designated by

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the disclosing party or non-party (hereinafter, the “Source”) as containing or

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consisting of Confidential Information. Any Source may, in good faith, designate

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any such materials or portions thereof as being subject to the provisions of this

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Order by means of a stamp or other designation on the Document of the word

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“Confidential” or “Confidential – Attorney’s Eyes Only.”

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4.

The parties shall apply the designation “Confidential” to information

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or materials that the Source in good faith believes to constitute a trade secret,

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proprietary business information, private personnel information and/or data, and/or

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any information that implicates or may implicate the privacy rights of the Source

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and/or a third party, and that is not otherwise publicly available, except that the

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foregoing shall not apply to any Document that is in the public domain as a result of

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a violation of any duty, law or agreement.

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5.

The parties shall apply the designation “Confidential – Attorney’s

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Eyes Only” only to a limited amount of Confidential Information that the producing

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party is obligated, by agreement or statutory obligation or the privacy rights of any

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third-party, to keep confidential in a manner consistent with that designation, such

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that the producing party has a reasonable basis for concluding that the protections

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afforded to documents designated “Confidential” would not be adequate.

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In designating materials, Documents or portions thereof as

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“Confidential” or “Confidential – Attorney’s Eyes Only” the Source shall mark

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every page and/or significant component, which contains Confidential Information

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with the appropriate “Confidential” or “Confidential – Attorney’s Eyes Only”

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stamp.

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reference to the page and lines being designated. Designation shall be made at the

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time such materials are produced or given, except that: (a) in the case of testimony

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upon deposition or hearing, such designations shall be made within twenty (20)

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business days after the transcript of such deposition or hearing is available; and (b)

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a reasonable extension of any applicable time period hereunder may be agreed to in

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writing among counsel for the respective parties. Designations may be withdrawn

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by the Source at any time.

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Transcripts of deposition or other testimony shall be designated by

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Unless otherwise ordered by the Court, any Document or material

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designated by any source as containing Confidential Information shall be

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safeguarded and shall not be disclosed by non-designating counsel, except, subject

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to the provision of this Order, to:
a.

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the named Plaintiff, Juan Perez, unless the Confidential

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Information has been designated “Confidential – Attorney’s Eyes Only.” If the

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Confidential Information in question has been so designated, this subparagraph

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shall not authorize its disclosure to such party.
b.

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Defendant Alta-Dena Certified Dairy, LLC, including but not

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limited to its inside counsel, including paralegals, clerical or other support staff or

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services and any officers, directors, managers, supervisors or other employees with

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responsibilities related to the subject matter of this litigation unless the Confidential

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Information has been designated “Confidential – Attorney’s Eyes Only.” If the

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Confidential Information in question has been so designated, this subparagraph

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shall not authorize its disclosure to such party.
c.

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counsel of record for the party to whom such Documents or

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materials are produced or given, including co-counsel of record and the legal

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associates, paralegals, clerical or other support staff or services of such counsel or

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co-counsel assigned to assist such counsel in the preparation of this litigation;
d.

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the Court, including any Court personnel, stenographers or other

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persons involved in taking or transcribing court or deposition testimony in this

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action, and members of the jury, provided that any Confidential Information

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submitted or filed with the Court shall be placed under seal subject to the provisions

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of Paragraphs 14 and 15 below, except that when possible, only confidential

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portions of filings with the Court shall be filed under seal;
e.

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any court reporter (including audio and video) involved in this

f.

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independent experts or consultants who have been consulted or

action;

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retained by counsel in this action to furnish technical or expert services or to give

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technical or expert testimony in the trial of this action, provided that such expert or

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consultant signs the Undertaking attached to this Order as Exhibit A,

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acknowledging that he or she has read a copy of this Order and agrees to be bound

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by its terms;
g.

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copying, imaging, computer services and/or litigation support

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services provided that all Confidential Information and/or Documents, including

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copies thereof whether in hard copy or electronic form, are retrieved by the

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furnishing party upon completion of any such copying, imaging and computer

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services;

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h.

special masters or mediators;

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the direct staff of persons designated in paragraphs 7 (f), (g) and

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(h), subject to any conditions enumerated therein;

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j.

any deposition witness;

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k.

any other Person upon written consent from counsel for the

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party which produced or gave such Document(s), provided that such person signs

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the Undertaking in the form attached to this Order as Exhibit A, acknowledging that

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he or she has read a copy of this Order and agrees to be bound by its terms.

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8.

Confidential Information designated “Confidential – Attorney’s Eyes

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Only” may be disclosed only to persons described in ¶ 7, subparagraphs c, d, e, f, g,

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h and i and to deposition witnesses only as provided in paragraph 10 below.

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Nothing in this Order shall prevent any party from producing any

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Document or information in his, her or its possession in response to a lawful

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subpoena or other compulsory process, provided that written notice shall be given

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to all other parties at least ten (10) business days prior to the return date of the

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subpoena or other compulsory process seeking discovery of the designated

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materials.

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10.

Subject to the terms of this Order any party may utilize Confidential

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Information designated as “Confidential” in the course of a deposition provided

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that, prior to his or her examination, the witness is furnished a copy of this Order

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and has executed the Undertaking attached to this Order as Exhibit A. Any party

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may utilize Confidential Information designated as “Confidential – Attorney’s Eyes

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Only” in the course of a deposition provided that the deponent either prepared or

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reviewed the “Confidential – Attorney’s Eyes Only” document prior to its

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production and prior to his or her examination, the witness is furnished a copy of

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this Order and has executed the Undertaking attached to this Order as Exhibit A. If

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a deponent refuses to sign the Undertaking, disclosure of such information to the

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witness during the deposition shall not be a waiver of confidentiality and shall not

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prevent examination of the witness on Documents or other information containing

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Confidential Information. Such witness shall not be allowed to retain copies of

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either the Confidential Information or any portions of their deposition transcript

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containing Confidential Information. If disclosure of Confidential Information is

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opposed, nothing in this Paragraph 10 shall preclude a party from continuing the

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deposition until the matter can be raised before and ruled upon by the Court.

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11.

The parties agree to take reasonable precautions to prevent disclosure

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of Confidential Information without the “Confidential” or “Confidential –

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Attorney’s Eyes Only” designation provided for in this Order. However, it is

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possible that inadvertent or mistaken disclosures will still be made, despite all

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reasonable precautions.

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inadvertently or mistakenly disclosed, the parties agree that the Source may request

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the return of such Documents or materials within ten (10) business days after the

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discovery of their inadvertent or mistaken disclosure to allow the designation of the

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Documents or materials as Confidential Information consistent with the provisions

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of this Order. If the receiving party fails to return such Documents or materials, the

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Source may move the Court for an Order compelling their return.

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12.

If Documents containing Confidential Information are

If Confidential Information is made an exhibit to or the subject of

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examination during a deposition, arrangements shall be made (a) to bind separately

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said exhibits, as well as confidential portions of the transcript or pleading and (b) to

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place them in a sealed envelope appropriately marked.

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13.

Nothing in this Order shall prevent either party from using Documents

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designated as “Confidential” or “Confidential – Attorney’s Eyes Only” or from

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referring to or reciting any information contained in such materials, in connection

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with the litigation in this matter including any hearing, motion, brief, trial, or other

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proceeding in this action, provided the relevant portions of Paragraph 14 and 15

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below are complied with in full.

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14.

Any party filing pleadings, motions, or other papers with the Court that

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contain or make reference to Confidential Information shall file an Application and

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Order to Seal seeking to have the Confidential Information filed under seal pursuant

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to Local Rule 79-5 and following the procedures outlined therein.

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Nothing herein shall prevent a receiving party from challenging any

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designation of a Document as “Confidential” or “Confidential – Attorney’s Eyes

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Only.”

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withdrawal of the designation. The Source who designated the material shall have

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fifteen (15) business days from the date on which the request was made to respond.

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If the Source refuses to withdraw the designation or fails to respond to the request

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within that time, the receiving party may apply to the Court for an order declaring

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that the Document is not appropriately designated. Notwithstanding a challenge or

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application to the Court pursuant to Paragraph 15, all Documents designated as

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“Confidential” or “Confidential – Attorney’s Eyes Only” shall be subject to this

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Order until the Source withdraws the designation or until the Court determines that

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the Document is not appropriately designated as “Confidential” or “Confidential –

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Attorney’s Eyes Only.”

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The receiving party may file written notice to the Source requesting

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Within ninety (90) days after the final determination of this action (i.e.,

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after all appellate rights have been exhausted), all Documents designated as

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containing Confidential Information and all copies thereof shall, upon written

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request, be returned to counsel for the Source who initially produced such

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Documents (unless previously permanently discarded, in which case, counsel for

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the receiving party shall certify in writing to counsel for the Source that such

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Documents have been permanently discarded), provided that copies may be kept by

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counsel of any pleading, brief or Document submitted to the Court, deposition

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and/or trial transcripts and exhibits thereto and correspondence subject to this

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Order.

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17.

The parties further agree to take reasonable precautions to prevent the

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inadvertent or mistaken disclosure of Documents containing Privileged

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Information. The parties further agree that “reasonable precautions” shall include,

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by way of example and not limitation, a multi-level review of documents for

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production, including searching for and gathering documents from offices,

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businesses and other locations where responsive information might be located and

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having lawyers or paralegals carefully review the documents for Privileged

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Information, redacting those portions of Documents where only a portion is

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protected and preparing detailed privilege logs reflecting any withheld material.

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Despite all reasonable precautions, the parties recognize that inadvertent or

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mistaken disclosures of Privileged Information may still be made. If Documents

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containing Privileged Information are inadvertently or mistakenly disclosed, the

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parties agree that the following procedure shall govern:
a.

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The Source shall promptly advise the receiving party of the

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disclosure and shall recall any such inadvertently disclosed Documents by making a

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request of the receiving party for their return.
b.

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If a receiving party becomes aware that a Source inadvertently

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or mistakenly disclosed Documents containing Privileged Information, the

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receiving party shall promptly advise the Source in writing of the disclosure and

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return the Documents and any and all copies to the Source.
For purposes of this Paragraph 17, the Parties agree that

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the return of

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inadvertently or mistakenly disclosed Documents shall be reasonably prompt if

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returned within fifteen (15) business days after the Source or receiving party learns

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of the inadvertent or mistaken disclosure. If the receiving party fails to return such

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Documents or materials, the Source may move the Court for an Order compelling

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their return. Notwithstanding a motion to the Court, all Documents containing

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Privileged Information that are inadvertently or mistakenly disclosed shall be

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subject to this Order until the Source withdraws its request for their return or until

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the Court determines that the Document is not appropriately claimed as Privileged

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Information.
18.

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This Order may be amended by written agreement between counsel for

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the parties, subject to approval of the Court, or may be modified by motion to the

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Court.

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19.

This Order shall survive the termination of this litigation. The Court

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shall retain jurisdiction, even after the termination of this litigation, to enforce this

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Order.

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20.

The parties have agreed that Defendant will allow Plaintiff access to

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all discovery in the prior related case of de la Cueva v. Alta-Dena Certified Dairy,

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LLC, et al., CV 12-1804-GHK (CWx) (the “DLC matter”). This includes, but is

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not limited to, discovery marked confidential under the protective order in the DLC

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matter. Except for Defendant’s agreement that Plaintiff can use discovery from the

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DLC matter in the present matter, the use of that discovery will be pursuant to the

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terms of the protective order in the DLC matter and this protective order, which

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mirrors the one used in the DLC matter.

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21.

Defendant’s agreement set out in paragraph 20 is conditioned on

Plaintiff’s agreement to the following:
a.

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Until a decision on class certification is issued, Plaintiff will not

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propound additional written discovery other than what has already been served in

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this matter and agrees not to take any depositions;
b.

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If class certification is denied, the only additional discovery

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Plaintiff may seek is that which is unique to his individual claims, or upon a

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showing of good cause to the Court that additional discovery is needed beyond that

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already taken in the DLC matter; and
c.

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If class certification is granted, Plaintiff can take additional

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discovery permitting under the applicable rules that is not duplicative of discovery

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already taken in the DLC matter.

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2503461v1/013096

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DATED: September 9, 2013

THE LAW OFFICES OF
TIMOTHY B. McCAFFREY, JR.

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By /s/ Natasha Chesler
Natasha Chesler

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Attorneys for Plaintiff
Juan Perez

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DATED: September 9, 2013

SUSMAN GODFREY L.L.P.

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By: /s/Genevieve Vose Wallace

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MARC M. SELTZER
STEVEN G. SKLAVER
KATHRYN P. HOEK
AMANDA BONN
1901 Avenue of the Stars, Suite 950
Los Angeles, CA 90067
Tel: [phone]
Fax: [phone]

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GENEVIEVE VOSE WALLACE
(admitted pro hac vice)
[e-mail]
SUSMAN GODFREY L.L.P.
1201 Third Avenue, Suite 3800
Seattle, Washington 98101
Tel: [phone]
Fax: [phone]

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JEREMY J. BRANDON
(admitted pro hac vice)
[e-mail]
SUSMAN GODFREY L.L.P.
901 Main Street, Suite 5100
Dallas, Texas 75202-3775
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant
Alta-Dena Certified Dairy, LLC

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IT IS SO ORDERED.

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Dated: September 10, 2013

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2503461v1/013096

_____________________________________
HON. MANUEL L. REAL
United States District Judge

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