Jose Romero v. Alta-Dena Certified Dairy, LLC et al

Filing 61

STIPULATED PROTECTIVE ORDER by Judge Manuel L. Real. IT IS HEREBY ORDERED THAT: Certain materials, information, Documents (as defined in paragraph 1 below) or testimony (collectively "Discovery Materials") produced or given by the parties or non-parties in the course of pre-trial discovery or used or produced at trial in this action will involve disclosure of confidential, proprietary, financial, technical, scientific, personnel, and business information ("Confidential Informatio n"). Moreover, despite the reasonable precautions taken by the parties, Confidential Information and/or documents protected by the attorney-client privilege, attorney work product or any other privilege ("Privileged Information") may b e inadvertently disclosed. Accordingly, the parties agree that the following provisions shall govern disclosure and use of all such Discovery Materials containing Confidential Information and the return of inadvertently disclosed Privileged Information. (See document for further details) (bp)

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MARC M. SELTZER (54534)
[e-mail]
STEVEN G. SKLAVER (237612)
[e-mail]
AMANDA BONN (270891)
[e-mail]
FRANCES S. LEWIS (291055)
[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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JOSE ROMERO, on behalf of himself
and those similarly situated,

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Plaintiffs,
v.
ALTA-DENA CERTIFIED DAIRY,
LLC, a Delaware Limited Liability
Company; ALTA-DENA DAIRY, INC;
ALTA-DENA CERTIFIED DAIRY,
INC. and DOES 1 through 100, inclusive,

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Defendants.

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2890872v1/013815

Case No. CV 13-04846 R (FFMx)
Honorable Manuel L. Real
CLASS ACTION
STIPULATED PROTECTIVE
ORDER

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WHEREAS, the Court finds that good cause exists for issuance of this
Protective Order (“Order”) pursuant to Rule 26 (c) of the Federal Rules of Civil
Procedure to establish a procedure for use and/or disclosure of Confidential
Information and to govern the inadvertent production of Privileged Information, as
those terms are defined herein, and that entry of this Order is appropriate.
THEREFORE, IT IS HEREBY ORDERED THAT:
Certain materials, information, Documents (as defined in paragraph 1 below)
or testimony (collectively “Discovery Materials”) produced or given by the parties
or non-parties in the course of pre-trial discovery or used or produced at trial in this
action will involve disclosure of confidential, proprietary, financial, technical,
scientific, personnel, and business information (“Confidential Information”).
Moreover, despite the reasonable precautions taken by the parties, Confidential
Information and/or documents protected by the attorney-client privilege, attorney
work product or any other privilege (“Privileged Information”) may be
inadvertently disclosed.

Accordingly, the parties agree that the following

provisions shall govern disclosure and use of all such Discovery Materials
containing Confidential Information and the return of inadvertently disclosed
Privileged Information.
1.

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

data) and any other material (and their contents) produced through discovery by the
parties, as well as any portion of a transcript of a deposition or other proceeding,
exhibit, affidavit, declaration, answers to interrogatories, or responses to request for
admissions.
2.

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

of the following specifically designated “Confidential” or “Confidential –
Attorney’s Eyes Only” Documents and the content thereof: (a) Documents,
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)
copies, extracts, reports, studies, notes, complete or partial summaries and other
Documents or materials made or prepared from Confidential Information except
that it shall exclude attorney work product; and (c) transcripts, exhibits and other
pleadings or writings that summarize or otherwise disclose Confidential
Information.
3.

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

protection under this Order must take care to attempt to limit any such designation
to specific material that qualifies as “Confidential” or “Confidential – Attorney’s
Eyes Only.” If it comes to a Party’s or a non-party’s attention that information or
items that it designated for protection do not qualify for protection, that Party or
non-party must promptly notify all other parties that it is withdrawing the mistaken
designation.
This Order covers Documents and/or information or material designated by
the disclosing party or non-party (hereinafter, the “Source”) as containing or
consisting of Confidential Information. Any Source may, in good faith, designate
any such materials or portions thereof as being subject to the provisions of this
Order by means of a stamp or other designation on the Document of the word
“Confidential” or “Confidential – Attorney’s Eyes Only.”
4.

The parties shall apply the designation “Confidential” to information

or materials that the Source in good faith believes to constitute a trade secret,
proprietary business information, private personnel information and/or data, and/or
any information that implicates or may implicate the privacy rights of the Source
and/or a third party, and that is not otherwise publicly available, except that the
foregoing shall not apply to any Document that is in the public domain as a result of
a violation of any duty, law or agreement.

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5.

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

Eyes Only” only to a limited amount of Confidential Information that the producing
party is obligated, by agreement or statutory obligation or the privacy rights of any
third-party, to keep confidential in a manner consistent with that designation, such
that the producing party has a reasonable basis for concluding that the protections
afforded to documents designated “Confidential” would not be adequate.
6.

In designating materials, Documents or portions thereof as

“Confidential” or “Confidential – Attorney’s Eyes Only” the Source shall mark
every page and/or significant component, which contains Confidential Information
with the appropriate “Confidential” or “Confidential – Attorney’s Eyes Only”
stamp.

Transcripts of deposition or other testimony shall be designated by

reference to the page and lines being designated. Designation shall be made at the
time such materials are produced or given, except that: (a) in the case of testimony
upon deposition or hearing, such designations shall be made within twenty (20)
business days after the transcript of such deposition or hearing is available; and (b)
a reasonable extension of any applicable time period hereunder may be agreed to in
writing among counsel for the respective parties. Designations may be withdrawn
by the Source at any time.
7.

designated by any source as containing Confidential Information shall be
safeguarded and shall not be disclosed by non-designating counsel, except, subject
to the provision of this Order, to:

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Unless otherwise ordered by the Court, any Document or material

a.

the named Plaintiff, Jose Romero, unless the Confidential

Information has been designated “Confidential – Attorney’s Eyes Only.” If the
Confidential Information in question has been so designated, this subparagraph
shall not authorize its disclosure to such party.

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b.

defendant affiliates, including but not limited to its inside counsel, including
paralegals, clerical or other support staff or services and any officers, directors,
managers, supervisors or other employees with responsibilities related to the
subject matter of this litigation unless the Confidential Information has been
designated “Confidential – Attorney’s Eyes Only.” If the Confidential Information
in question has been so designated, this subparagraph shall not authorize its
disclosure to such party.

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c.

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associates, paralegals, clerical or other support staff or services of such counsel or
co-counsel assigned to assist such counsel in the preparation of this litigation;
d.

action, and members of the jury, provided that any Confidential Information
submitted or filed with the Court shall be placed under seal subject to the provisions
of Paragraphs 14 and 15 below, except that when possible, only confidential
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.

independent experts or consultants who have been consulted or

action;

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the Court, including any Court personnel, stenographers or other

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

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counsel of record for the party to whom such Documents or

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

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Defendant Alta-Dena Certified Dairy LLC and its non-served

retained by counsel in this action to furnish technical or expert services or to give
technical or expert testimony in the trial of this action, provided that such expert or
consultant signs the Undertaking attached to this Order as Exhibit A,
acknowledging that he or she has read a copy of this Order and agrees to be bound
by its terms;

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g.

services provided that all Confidential Information and/or Documents, including
copies thereof whether in hard copy or electronic form, are retrieved by the
furnishing party upon completion of any such copying, imaging and computer
services;

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h.

j.

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any deposition witness;

k.

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

(h), subject to any conditions enumerated therein;

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special masters or mediators;

i.

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copying, imaging, computer services and/or litigation support

any other Person upon written consent from counsel for the

party which produced or gave such Document(s), provided that such person signs
the Undertaking in the form attached to this Order as Exhibit A, acknowledging that
he or she has read a copy of this Order and agrees to be bound by its terms.
8.

Confidential Information designated “Confidential – Attorney’s Eyes

Only” may be disclosed only to persons described in ¶ 7, subparagraphs c, d, e, f, g,
h and i and to deposition witnesses only as provided in paragraph 10 below.
9.

Nothing in this Order shall prevent any party from producing any

Document or information in his, her or its possession in response to a lawful
subpoena or other compulsory process, provided that written notice shall be given
to all other parties at least ten (10) business days prior to the return date of the
subpoena or other compulsory process seeking discovery of the designated
materials.
10.

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

Information designated as “Confidential” in the course of a deposition provided
that, prior to his or her examination, the witness is furnished a copy of this Order
and has executed the Undertaking attached to this Order as Exhibit A. Any party
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
reviewed the “Confidential – Attorney’s Eyes Only” document prior to its
production and prior to his or her examination, the witness is furnished a copy of
this Order and has executed the Undertaking attached to this Order as Exhibit A. If
a deponent refuses to sign the Undertaking, disclosure of such information to the
witness during the deposition shall not be a waiver of confidentiality and shall not
prevent examination of the witness on Documents or other information containing
Confidential Information. Such witness shall not be allowed to retain copies of
either the Confidential Information or any portions of their deposition transcript
containing Confidential Information. If disclosure of Confidential Information is
opposed, nothing in this Paragraph 10 shall preclude a party from continuing the
deposition until the matter can be raised before and ruled upon by the Court.
11.

The parties agree to take reasonable precautions to prevent disclosure

of Confidential Information without the “Confidential” or “Confidential –
Attorney’s Eyes Only” designation provided for in this Order. However, it is
possible that inadvertent or mistaken disclosures will still be made, despite all
reasonable precautions.

If Documents containing Confidential Information are

inadvertently or mistakenly disclosed, the parties agree that the Source may request
the return of such Documents or materials within ten (10) business days after the
discovery of their inadvertent or mistaken disclosure to allow the designation of the
Documents or materials as Confidential Information consistent with the provisions
of this Order. If the receiving party fails to return such Documents or materials, the
Source may move the Court for an Order compelling their return.
12.

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

examination during a deposition, arrangements shall be made (a) to bind separately
said exhibits, as well as confidential portions of the transcript or pleading and (b) to
place them in a sealed envelope appropriately marked.

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13.

Nothing in this Order shall prevent either party from using Documents

designated as “Confidential” or “Confidential – Attorney’s Eyes Only” or from
referring to or reciting any information contained in such materials, in connection
with the litigation in this matter including any hearing, motion, brief, trial, or other
proceeding in this action, provided the relevant portions of Paragraph 14 and 15
below are complied with in full.
14.

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

contain or make reference to Confidential Information shall file an Application and
Order to Seal seeking to have the Confidential Information filed under seal pursuant
to Local Rule 79-5 and following the procedures outlined therein.
15.

Nothing herein shall prevent a receiving party from challenging any

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

The receiving party may file written notice to the Source requesting

withdrawal of the designation. The Source who designated the material shall have
fifteen (15) business days from the date on which the request was made to respond.
If the Source refuses to withdraw the designation or fails to respond to the request
within that time, the receiving party may apply to the Court for an order declaring
that the Document is not appropriately designated. Notwithstanding a challenge or
application to the Court pursuant to Paragraph 15, all Documents designated as
“Confidential” or “Confidential – Attorney’s Eyes Only” shall be subject to this
Order until the Source withdraws the designation or until the Court determines that
the Document is not appropriately designated as “Confidential” or “Confidential –
Attorney’s Eyes Only.”
16.

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

after all appellate rights have been exhausted), all Documents designated as
containing Confidential Information and all copies thereof shall, upon written
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
the receiving party shall certify in writing to counsel for the Source that such
Documents have been permanently discarded), provided that copies may be kept by
counsel of any pleading, brief or Document submitted to the Court, deposition
and/or trial transcripts and exhibits thereto and correspondence subject to this
Order. Plaintiff has requested that the party producing the Confidential Information
be ordered to preserve that Confidential Information for four years after the final
determination of this action. Defendant does not agree to that provision. This
Order shall be made without prejudice to Plaintiff's right to file a motion for the
inclusion of such a term in the protective order, and for Defendant to oppose such a
motion.
17.

inadvertent or mistaken disclosure of Documents containing Privileged
Information. The parties further agree that “reasonable precautions” shall include,
by way of example and not limitation, a multi-level review of documents for
production, including searching for and gathering documents from offices,
businesses and other locations where responsive information might be located and
having lawyers or paralegals carefully review the documents for Privileged
Information, redacting those portions of Documents where only a portion is
protected and preparing detailed privilege logs reflecting any withheld material.
Despite all reasonable precautions, the parties recognize that inadvertent or
mistaken disclosures of Privileged Information may still be made. If Documents
containing Privileged Information are inadvertently or mistakenly disclosed, the
parties agree that the following procedure shall govern:

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The parties further agree to take reasonable precautions to prevent the

a.

The Source shall promptly advise the receiving party of the

disclosure and shall recall any such inadvertently disclosed Documents by making a
request of the receiving party for their return.

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b.

or mistakenly disclosed Documents containing Privileged Information, the
receiving party shall promptly advise the Source in writing of the disclosure and
return the Documents and any and all copies to the Source.

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For purposes of this Paragraph 17, the Parties agree that

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the return of

inadvertently or mistakenly disclosed Documents shall be reasonably prompt if
returned within fifteen (15) business days after the Source or receiving party learns
of the inadvertent or mistaken disclosure. If the receiving party fails to return such
Documents or materials, the Source may move the Court for an Order compelling
their return. Notwithstanding a motion to the Court, all Documents containing
Privileged Information that are inadvertently or mistakenly disclosed shall be
subject to this Order until the Source withdraws its request for their return or until
the Court determines that the Document is not appropriately claimed as Privileged
Information.

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If a receiving party becomes aware that a Source inadvertently

18.

This Order may be amended by written agreement between counsel for

the parties, subject to approval of the Court, or may be modified by motion to the
Court.
19.

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

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

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IT IS SO ORDERED.
Dated: January 7, 2014

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_____________________________________
Hon. Manuel L. Real
United States District Judge

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2890872v1/013815

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Exhibit A

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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JOSE ROMERO, on behalf of himself
and those similarly situated,
Plaintiffs,

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Case No. CV 13-04846 R (FFMx)
CLASS ACTION
Hon. Manuel L. Real

v.
ALTA-DENA CERTIFIED DAIRY,
LLC, a Delaware Limited Liability
Company; ALTA-DENA DAIRY, INC;
ALTA-DENA CERTIFIED DAIRY,
INC. and DOES 1 through 100, inclusive,

DECLARATION AND
UNDERTAKING TO COMPLY
WITH TERMS OF STIPULATED
PROTECTIVE ORDER

Defendants.

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DECLARATION AND UNDERTAKING
I, __________________________, declare as follows:
1.

My address is _____________________________________.

2.

My present employer and the address of my present employer (if

different from above) are _________________________________________.

I

have received a copy of the Stipulated Protective Order in the above-captioned
action.
3.

Having carefully read and understood the provisions of the Stipulated

Protective Order, I agree to be bound by its terms.
4.

I will hold in confidence and not disclose to anyone not qualified

under the Stipulated Protective Order, and will use only for purposes of this action,
any Documents designated as “Confidential” or “Confidential – Attorney’s Eyes
Only” as set forth in the Stipulated Protective Order, which are disclosed to me. I
will maintain any such information in a safe and secure place.

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5.

I will return all Documents designated as “Confidential” or

“Confidential – Attorney’s Eyes Only” which come into my Possession and
Documents or things I have prepared relating thereto, to counsel of the party that
provided such materials to me. I acknowledge that such return shall not relieve me
from any continuing obligation imposed on me by the Stipulated Protective Order.
6.

I agree to submit to the jurisdiction of the United States District Court

for the Central District of California, for purposes of enforcement of this
Declaration and Undertaking.
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.

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Dated this ___ day of ______________________, 201_.

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Signature

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Print Name

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