Peter Velasco et al v. Chrysler Group LLC

Filing 35

PROTECTIVE ORDER by Magistrate Judge Victor B. Kenton re APPLICATION for Protective Order for Confidentiality and Return of Documents 32 (See Order for details and revision.) (rh)

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Mitchell N. Reinis CSB 36131
[e-mail]
Rowena Santos CSB 210185
[e-mail]
THOMPSON COBURN LLP
2029 Century Park East, 19th Floor
Los Angeles, California 90067
Tel: [phone] / Fax: [phone]
Kathy A. Wisniewski (pro hac vice)
[e-mail]
John W. Rogers (pro hac vice)
[e-mail]
Stephen A. D'Aunoy (pro hac vice)
[e-mail]
THOMPSON COBURN LLP
One US Bank Plaza
St. Louis, MO 63101
Tel: [phone]/ Fax: [phone]

Note: Revision made to doc.

Attorneys for Defendant,
CHRYSLER GROUP LLC

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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PETER VELASCO, et. al,
Plaintiffs,

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v.
CHRYSLER GROUP LLC,
Defendant.

CASE NO. 2:13-CV-8080 DDP (VBKx)
Assigned to the Honorable
Dean D. Pregerson
STIPULATED PROTECTIVE
ORDER REGARDING
CONFIDENTIALITY AND RETURN
OF DOCUMENTS

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS

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IT IS HEREBY AGREED AND ORDERED:
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In connection with discovery furnished by any of the parties (or any of

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their present and former directors, officers, employees, and agents) in the above-

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captioned action (the “Action”), any party may designate any document as

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“Confidential” under this Stipulated Protective Order Regarding Confidentiality

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and Return of Documents (the “Order”) if that party and its counsel in good faith

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believe that the designated restriction is appropriate because the document contains

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or reflects trade secrets or other confidential research and development, financial,

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commercial, or personal information. Documents designated as “Confidential”

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shall be limited to documents which have not been made public and in which the

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disclosing party in good faith believes will, if disclosed, have the effect of causing

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harm to its business or competitive position; or, in the case of individuals, shall be

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limited to documents which reveal personal information such as contact

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information, vehicle identification number, or social security number. Each Party

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or Non-Party that designates information or items for protection under this Order

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must take care to limit any such designation to specific material that qualifies under

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the appropriate standards. The Designating Party must designate for protection

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only those pages of a document that qualify – so that other portions of the

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document for which protection is not warranted are not swept unjustifiably within

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the ambit of this Order.

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prohibited. Designations that are shown to be clearly unjustified or that have been

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made for an improper purpose (e.g., to unnecessarily encumber or retard the case

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development process or to impose unnecessary expenses and burdens on other

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parties) expose the Designating Party to sanctions. If it comes to a Designating

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Party’s attention that information or items that it designated for protection do not

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qualify for protection, that Designating Party must promptly notify all other Parties

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that it is withdrawing the mistaken designation.

Mass, indiscriminate, or routinized designations are

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS

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2.

Any documents to be designated as “Confidential” may be so

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designated by labeling the documents with the term “Confidential” prior to their

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production. Similarly, documents produced on DVD, CD, or other media may be

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designated as “Confidential” by labeling the media as “Confidential” or placing the

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electronic file in a folder labeled “Confidential.” Within two weeks from the date

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the Court Reporter serves the official deposition transcript, any party may

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designate any or all portions of it as “Confidential” by written notice served on the

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opposing party identifying the pages or lines that are to be afforded “Confidential”

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treatment.

During the two week period following receipt of the deposition

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transcript, it shall be treated as “Confidential”; however, if there is a filing deadline

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during this period, such deposition transcript shall be treated as “Confidential” only

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until one week before such deadline. Alternatively, a party may designate specific

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parts of a deposition as “Confidential” by stating on the record during the

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deposition which specific parts of the deposition should be so treated. The term

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“document” as used throughout this Order includes any deposition transcript.

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3.

The production by any party of any “Confidential” documents during

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this Action without a “Confidential” designation shall be without prejudice to any

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claim that such material should be treated as “Confidential” and such party shall

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not be held to have waived any rights by such production or disclosure. In the

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event that such production occurs, counsel for the producing party may designate

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the documents as “Confidential.”

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4.

In the event that any party objects to the designation of any documents

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as “Confidential,” that party may serve written notice on all parties specifying which

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documents are improperly designated. During the fourteen (14) day period following

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service of such a notice, the parties shall confer in an effort to resolve the objections.

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If the dispute is not resolved, the Designating Party may file and serve a motion to

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retain confidentiality within 14 days of the parties agreeing that the meet and confer

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS

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process will not resolve their dispute to resolve whether the documents should be

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treated as “Confidential.” Each such motion must comply with Local Rules 37-1 and

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37-2 governing discovery disputes, and must be accompanied by a competent

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declaration affirming that the movant has complied with the meet and confer

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requirements imposed in this paragraph. Failure by the Designating Party to make

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such a motion including the required declaration shall automatically waive the

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confidentiality designation for each challenged designation. In addition, the

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Challenging Party may file a motion challenging a confidentiality designation at any

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time if there is good cause for doing so, including a challenge to the designation of a

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deposition transcript or any portions thereof. Any motion brought pursuant to this

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provision must be accompanied by a competent declaration affirming that the movant

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has complied with the meet and confer requirements imposed by this paragraph. The

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burden of persuasion in any challenge proceeding shall be on the Designating Party.

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Frivolous challenges, and those made for an improper purpose (e.g., to harass or

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impose unnecessary expenses and burdens on other parties) may expose the

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Challenging Party to sanctions. Unless the Designating Party has waived the

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confidentiality designation by failing to file a motion to retain confidentiality as

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described above, all parties shall continue to afford the material in question the level

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of protection to which it is entitled under the Producing Party’s designation until the

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Court rules on the challenge.

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5.

Documents designated as “Confidential” (and any information

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contained therein or derived therefrom) may be disclosed or made available by the

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receiving party only to the following:

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(a)

The Court (including the Court’s administrative and clerical staff). If

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any papers to be filed with the Court contain “Confidential” information, the

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proposed filing shall be accompanied by an application to file the papers or

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS

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portion thereof containing the protected information under seal, and the

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application shall be directed to the judge to whom the papers are directed.

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(b)

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the lawyers, paralegals, clerical and secretarial staff employed by and

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working for such attorneys on this case.

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(c)

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employees of the parties who are actively involved in the Action or who are

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otherwise necessary to aid counsel in the Action.

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(d)

Court reporters transcribing depositions in the Action.

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(e)

Any deposition, trial, or hearing witness in the Action, so long as they

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execute the form attached hereto as Exhibit A.

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(f)

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person who has been retained by one of the parties in good faith to serve as

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an expert witness or consultant (whether or not retained to testify at trial) in

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connection with this Action, including any person working directly under the

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supervision of any such expert witness or consultant, provided that prior to

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the disclosure of documents designated as “Confidential” to any expert

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witness or consultant, the party making the disclosure shall deliver a copy of

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this Order to such person, shall explain its terms to such person, and shall

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secure the signature of such person on the form attached hereto as Exhibit A.

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(g)

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executes the form attached hereto as Exhibit A.

Attorneys of record and in-house attorneys in the Action, as well as

The parties as well as those officers, directors, in-house attorneys, or

Any expert witness or consultant, which shall be defined to mean a

Any other persons to whom the parties all agree in writing and who

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Nothing contained herein is intended to prevent either party from using

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“Confidential” documents or information at a hearing or trial in this matter;

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however, the parties shall take steps at the appropriate time to protect the

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confidential nature of the information and the use and treatment of such

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information will be addressed by separate Order.

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS

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6.

Documents designated as “Confidential” and information contained

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therein, shall not be disclosed to any person except in accordance with this Order

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and shall be used by the persons receiving them only for the purposes of preparing

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for, conducting, and/or participating in the conduct of this Action, and not for any

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business, personal, or other purpose whatsoever.

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7.

Within thirty (30) days after the later of (i) final judgment or

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settlement of the Action and (ii) after the time for any and all appeals has expired,

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the parties and their counsel shall destroy or return to counsel for the producing

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party or third-party all documents produced in this Action and all copies thereof. If

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counsel chooses to destroy the documents, counsel shall provide a written

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certification that such destruction has occurred. Within the same thirty (30) day

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period, counsel shall supply to the producing party copies of each statement in the

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form attached hereto as Exhibit A that were signed pursuant to paragraph 5 of this

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Order, unless doing so would disclose the identity of a non-testifying witness or

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attorney work product. Outside counsel of record for the receiving party may

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retain only one archival copy of: deposition exhibits; exhibits used in proceedings

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before the Court; documents included in submissions to the Court; and

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“Confidential” information to the extent it is included in such papers or reflected in

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that outside counsel’s work product.

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8.

Any documents produced by a non-party witness in discovery in the

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Action pursuant to subpoena or otherwise may be designated by such non-party as

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“Confidential” under the terms of this Order, and such designation shall have the

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same force and effect, and create the same duties, obligations, and remedies as if

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made by one of the parties hereto.

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9.

If a party is served with a subpoena issued in other litigation that

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compels disclosure of any information or items designated in this action as

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“Confidential” that party must: (a) promptly notify in writing the designating party

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS

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and such notification shall include a copy of the subpoena; (b) promptly notify in

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writing the party who caused the subpoena to issue in the other litigation that some

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or all of the material covered by the subpoena is subject to this Stipulated

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Protective Order and such notification shall include a copy of this Stipulated

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Protective Order; and (c) cooperate with respect to all reasonable procedures

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sought to be pursued by the designating party whose protected material may be

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affected. If the designating party timely seeks a protective order, the party served

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with the subpoena shall not produce any information designated as “Confidential”

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before a determination by the court from which the subpoena was issued. Nothing

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in this Order shall be construed as authorizing a party to disobey a lawful subpoena

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issued in another action.

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10.

This Order may be amended or modified only by the Court.

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DATED: March 13, 2014

THOMPSON COBURN LLP

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By:

/s/ Rowena Santos
MITCHELL N. REINIS
ROWENA SANTOS
KATHY A. WISNIEWSKI
JOHN W. ROGERS
STEPHEN A. D’AUNOY

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Attorneys for Defendant
CHRYSLER GROUP, LLC

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS

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DATED: March 13, 2014

GIRARD GIBBS LLP

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By:

/s/ Joshua G. Konecky
ERIC H. GIBBS
DYLAN S. HUGHES
CAITLYN D. FINLEY
DAVID K. STEIN
SCHNEIDER WALLACE COTTRELL
KONECKY LLP
TODD M. SCHNEIDER
JOSHUA G. KONECKY
Attorneys for Plaintiffs,
DAPHNE RAY, PHILIP LIGHTFOOT,
CHRISTOPHER WHITE, JACQUELINE
YOUNG, CHRISTOPHER LIGHT,
BRADFORD SOULE, JOHN
MELVILLE, and DONALD KENDRICK

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**Pursuant to Local Rule 5-4.3.4(a)(2), I, Rowena Santos, attest that all
other signatories listed, and on whose behalf the filing is submitted, concur in the
filing’s content and have authorized the filing.

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Follow all Local Rules, including L.R. 79-5 re Filing Under Seal.

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SO ORDERED THIS 26th DAY OF MARCH, 2014.

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________________/s/__________________________
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Hon. Victor B. Kenton
United States Magistrate Court Judge

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS

EXHIBIT A

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1.

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I, _____________________, residing at

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______________________________ have read the foregoing Stipulated Protective

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Order Regarding Confidentiality and Return of Documents (the “Order”) in the

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action captioned Peter Velasco et al. v. Chrysler Group LLC, Case No. 2:13-CV-

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8080 DDP (VBKx), pending in the United States District Court for the Central

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District of California, Western Division. I agree to be bound by its terms with

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respect to any documents designated as “Confidential” that are furnished to me as

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set forth in the Order. I further agree to destroy or return documents, either to the

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attorneys who provided them to me, or to the producing party or third party

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according to the terms of paragraph 7 of that Order.

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2.

I hereby consent to the jurisdiction of the Court in which the Action is

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pending with respect to any proceedings to enforce the terms of the Order against

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me.

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3.

I hereby agree that any documents designated as “Confidential” that

are furnished to me will be used by me only for the purposes of the Action, and for
no other purpose, and will not be used by me in any business affairs of my
employer or of my own, nor will the information contained therein be imparted by
me to any other person.

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__________________________________
Signature

______________________
Date

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS

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CERTIFICATE OF SERVICE
I hereby certify that I caused the following document(s) to be electronically
filed with the Clerk of the Court using the CM/ECF system which will send
notification of such filing to all counsel and parties of record:

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•

STIPULATED PROTECTIVE ORDER REGARDING
CONFIDENTIALITY AND RETURN OF DOCUMENTS

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Los Angeles, California, March 13, 2014.

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s/ Rowena Santos
Rowena Santos

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS