Fernando Lavin et al v. United Technologies Corporation et al

Filing 18

PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order 16 . (san)

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SEYFARTH SHAW LLP
Timothy L. Hix (SBN 184372)
[e-mail]
Rishi Puri (SBN 252718)
[e-mail]
333 S. Hope Street, Suite 3900
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
UNITED TECHNOLOGIES CORPORATION
AND GOODRICH CORPORATION D/B/A
UTC AEROSPACE SYSTEMS
DALE M. FIOLA
State Bar No. 76397
Attorney at Law
200 North Harbor Boulevard, Suite 217
Anaheim, California 92805
[e-mail] email
[phone] Phone
[phone] Fax

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FERNANDO LAVIN, GERMAN
SANDOVAL,

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Plaintiffs,
v.
UNITED TECHNOLOGIES
CORPORATION, UTC AEROSPACE
SYSTEMS, GOODRICH CORP.
MICHAEL ZANUTTO, and DOES 1
through 10, inclusive,

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Case No. 2:13-cv-09384 CAS (JEMx)
PROPOSED ORDER GRANTING
STIPULATED PROTECTIVE
ORDER
Judge:
Ctrm:

Hon. Christina A. Snyder
5 - 2nd Floor

Complaint Filed: October 7, 2013

Defendants.

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PROPOSED ORDER GRANTING STIPULATED PROTECTIVE ORDER
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On June 18, 2014, Plaintiffs Fernando Lavin and German Sandoval and

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Defendants United Technologies Corporation and Goodrich Corporation dba UTC

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Aerospace Systems filed a Stipulated Protective Order. Having considered the

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contents of the Stipulated Protective Order, and GOOD CAUSE APPEARING

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THEREFOR, the Stipulation for Protective Order is hereby approved.

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ORDER

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IT IS HEREBY ORDERED that Plaintiffs and United Technologies

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Corporation and Goodrich Corporation dba UTC Aerospace Systems shall obey

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the following rules regarding the production of confidential, proprietary or private

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information:

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1.

following meanings:

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In this Protective Order, the words set forth below shall have the

a.

“Proceeding” means the above-entitled proceeding (2:13-cv-

09384 CAS (JEMx)).

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b.

“Court” means the Hon. Christina A. Snyder, or any other judge

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to which this Proceeding may be assigned, including Court staff participating in

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such proceedings.

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c.

“Confidential” means any information which is in the

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possession of a Designating Party who believes in good faith that such information

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is entitled to confidential treatment under standard developed under F.R.Civ.P.

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26(c).

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d.

“Confidential Materials” means any Documents, Testimony or

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Information as defined below designated as “Confidential” pursuant to the

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provisions of this Protective Order.

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e.

“Designating Party” means the Party that designates Materials

as “Confidential.”

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PROPOSED ORDER GRANTING STIPULATED PROTECTIVE ORDER
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f.

“Disclose” or “Disclosed” or “Disclosure” means to reveal,

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divulge, give, or make available Materials, or any part thereof, or any information

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contained therein.

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g.

“Documents” means any “Writing,” “Original,” and

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“Duplicate” which have been produced in discovery in this Proceeding by any

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person, and (ii) any copies, reproductions, or summaries of all or any part of the

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foregoing.

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h.

“Information” means the content of Documents or Testimony.

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i.

“Testimony” means all depositions, declarations or other

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testimony taken or used in this Proceeding.
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The Designating Party shall have the right to designate as

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“Confidential” any Documents, Testimony or Information that the Designating

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Party in good faith believes to contain non-public information that is entitled to

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confidential treatment under applicable law.

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3.

The entry of this Protective Order does not alter, waive, modify, or

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abridge any right, privilege or protection otherwise available to any Party with

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respect to the discovery of matters, including but not limited to any Party’s right to

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assert the attorney-client privilege, the attorney work product doctrine, or other

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privileges, or any Party’s right to contest any such assertion.

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4.

Any Documents, Testimony or Information to be designated as

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“Confidential” must be clearly so designated before the Document, Testimony or

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Information is Disclosed or produced. The parties may agree that the case name

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and number are to be part of the “Confidential” designation. The “Confidential”

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designation should not obscure or interfere with the legibility of the designated

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Information.

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a.

For Documents (apart from transcripts of depositions or other

pretrial or trial proceedings), the Designating Party must affix the legend

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PROPOSED ORDER GRANTING STIPULATED PROTECTIVE ORDER
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“Confidential” on each page of any Document containing such designated

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Confidential Material.

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b.

For Testimony given in depositions the Designating Party may

either:

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i.

identify on the record, before the close of the deposition,

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all “Confidential” Testimony, by specifying all portions of the

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Testimony that qualify as “Confidential;” or

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ii.

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designate the entirety of the Testimony at the deposition

as “Confidential” (before the deposition is concluded) with the right to

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identify more specific portions of the Testimony as to which

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protection is sought within 30 days following receipt of the deposition

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transcript. In circumstances where portions of the deposition

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Testimony are designated for protection, the transcript pages

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containing “Confidential” Information may be separately bound by

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the court reporter, who must affix to the top of each page the legend

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“Confidential,” as instructed by the Designating Party.

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c.

For Information produced in some form other than Documents,

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and for any other tangible items, including, without limitation, compact discs or

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DVDs, the Designating Party must affix in a prominent place on the exterior of the

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container or containers in which the Information or item is stored the legend

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“Confidential.” If only portions of the Information or item warrant protection, the

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Designating Party, to the extent practicable, shall identify the “Confidential”

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portions.

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5.

The inadvertent production by any of the undersigned Parties or non-

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Parties to the Proceedings of any Document, Testimony or Information during

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discovery in this Proceeding without a “Confidential” designation, shall be without

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prejudice to any claim that such item is “Confidential” and such Party shall not be

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held to have waived any rights by such inadvertent production. In the event that
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PROPOSED ORDER GRANTING STIPULATED PROTECTIVE ORDER
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any Document, Testimony or Information that is subject to a “Confidential”

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designation is inadvertently produced without such designation, the Party that

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inadvertently produced the document shall give written notice of such inadvertent

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production within twenty (20) days of discovery of the inadvertent production,

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together with a further copy of the subject Document, Testimony or Information

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designated as “Confidential” (the “Inadvertent Production Notice”). Upon receipt

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of such Inadvertent Production Notice, the Party that received the inadvertently

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produced Document, Testimony or Information shall promptly destroy the

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inadvertently produced Document, Testimony or Information and all copies

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thereof, or, at the expense of the producing Party, return such together with all

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copies of such Document, Testimony or Information to counsel for the producing

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Party and shall retain only the “Confidential” designated Materials, or,

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alternatively, retain the copy under seal in the attorney for the party’s offices until

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application is made by the producing Party to the court as to whether the

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documentation produced is confidential or not according to the procedures set forth

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in Paragraph 7 below. Should the receiving Party choose to destroy such

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inadvertently produced Document, Testimony or Information, the receiving Party

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shall notify the producing Party in writing of such destruction within ten (10) days

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of receipt of written notice of the inadvertent production. This provision is not

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intended to apply to any inadvertent production of any Information protected by

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attorney-client or work product privileges. In the event that this provision conflicts

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with any applicable law regarding waiver of confidentiality through the inadvertent

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production of Documents, Testimony or Information, such law shall govern.

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6.

In the event that counsel for a Party receiving Documents, Testimony

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or Information in discovery designated as “Confidential” objects to such

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designation with respect to any or all of such items, said counsel shall advise

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counsel for the Designating Party, in writing, of such objections, the specific

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Documents, Testimony or Information to which each objection pertains, and the
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PROPOSED ORDER GRANTING STIPULATED PROTECTIVE ORDER
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specific reasons and support for such objections (the “Designation Objections”).

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Counsel for the Designating Party shall have thirty (30) days from receipt of the

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written Designation Objections to either (a) agree in writing to de-designate

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Documents, Testimony or Information pursuant to any or all of the Designation

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Objections and/or (b) file a motion with the Court seeking to uphold any or all

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designations on Documents, Testimony or Information addressed by the

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Designation Objections (the “Designation Motion”). Pending a resolution of the

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Designation Motion by the Court, any and all existing designations on the

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Documents, Testimony or Information at issue in such Motion shall remain in

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place. The Designating Party shall have the burden on any Designation Motion of

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establishing the applicability of its “Confidential” designation. In the event that

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the Designation Objections are neither timely agreed to nor timely addressed in the

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Designation Motion, then such Documents, Testimony or Information shall be de-

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designated in accordance with the Designation Objection applicable to such

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material.

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7.

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Access to and/or Disclosure of Confidential Materials designated as

“Confidential” shall be permitted only to the following persons:

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a.

the Court;

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b.

(1) Attorneys of record in the Proceedings and their affiliated

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attorneys, paralegals, clerical and secretarial staff employed by such attorneys who

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are actively involved in the Proceedings and are not employees of any Party. (2)

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In-house counsel to the undersigned Parties and the paralegal, clerical and

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secretarial staff employed by such counsel. Provided, however, that each non-

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lawyer given access to Confidential Materials shall be advised that such Materials

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are being Disclosed pursuant to, and are subject to, the terms of this Protective

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Order and that they may not be Disclosed other than pursuant to its terms;

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c.

those officers, directors, partners, members, employees and

agents of all non-designating Parties that counsel for such Parties deems necessary
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PROPOSED ORDER GRANTING STIPULATED PROTECTIVE ORDER
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to aid counsel in the prosecution and defense of this Proceeding; provided,

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however, that prior to the Disclosure of Confidential Materials to any such officer,

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director, partner, member, employee or agent, counsel for the Party making the

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Disclosure shall deliver a copy of this Protective Order to such person, shall

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explain that such person is bound to follow the terms of such Order, and shall

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secure the signature of such person on a statement in the form attached hereto as

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Exhibit A;

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d.

court reporters in this Proceeding (whether at depositions,

hearings, or any other proceeding);

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e.

any deposition, trial or hearing witness in the Proceeding who

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previously has had access to the Confidential Materials, or who is currently or was

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previously an officer, director, partner, member, employee or agent of an entity

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that has had access to the Confidential Materials;

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f.

any deposition or non-trial hearing witness in the Proceeding

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who previously did not have access to the Confidential Materials; provided,

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however, that each such witness given access to Confidential Materials shall be

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advised that such Materials are being Disclosed pursuant to, and are subject to, the

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terms of this Protective Order and that they may not be Disclosed other than

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pursuant to its terms;

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g.

mock jury participants, provided, however, that prior to the

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Disclosure of Confidential Materials to any such mock jury participant, counsel for

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the Party making the Disclosure shall deliver a copy of this Protective Order to

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such person, shall explain that such person is bound to follow the terms of such

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Order, and shall secure the signature of such person on a statement in the form

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attached hereto as Exhibit A.

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h.

outside experts or expert consultants consulted by the

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undersigned Parties or their counsel in connection with the Proceeding, whether or

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not retained to testify at any oral hearing; provided, however, that prior to the
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PROPOSED ORDER GRANTING STIPULATED PROTECTIVE ORDER
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Disclosure of Confidential Materials to any such expert or expert consultant,

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counsel for the Party making the Disclosure shall deliver a copy of this Protective

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Order to such person, shall explain its terms to such person, and shall secure the

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signature of such person on a statement in the form attached hereto as Exhibit A. It

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shall be the obligation of counsel, upon learning of any breach or threatened breach

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of this Protective Order by any such expert or expert consultant, to promptly notify

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counsel for the Designating Party of such breach or threatened breach;

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i.

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and

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parties to this litigation;

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any other person that the Designating Party agrees to in writing.

Confidential Materials shall be used by the persons receiving them

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only for the purposes of preparing for, conducting, participating in the conduct of,

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and/or prosecuting and/or defending the Proceeding, and not for any business or

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other purpose whatsoever.

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9.

Any Party to the Proceeding (or other person subject to the terms of

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this Protective Order) may ask the Court, after appropriate notice to the other

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Parties to the Proceeding, to modify or grant relief from any provision of this

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Protective Order.

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10.

Entering into, agreeing to, and/or complying with the terms of this

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Protective Order shall not:

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a.

operate as an admission by any person that any particular

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Document, Testimony or Information marked “Confidential” contains or reflects

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trade secrets, proprietary, confidential or competitively sensitive business,

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commercial, financial or personal information; or

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b.

prejudice in any way the right of any Party (or any other person

subject to the terms of this Protective Order):

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PROPOSED ORDER GRANTING STIPULATED PROTECTIVE ORDER
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i.

to seek a determination by the Court of whether any

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particular Confidential Material should be subject to protection as

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“Confidential” under the terms of this Protective Order; or

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ii.

to seek relief from the Court on appropriate notice to all

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other Parties to the Proceeding from any provision(s) of this

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Protective Order, either generally or as to any particular Document,

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Material or Information.

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11.

Any Party to the Proceeding who has not executed this Protective

Order as of the time it is presented to the Court for signature may thereafter

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become a Party to this Protective Order by its counsel’s signing and dating a copy

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thereof and filing the same with the Court, and serving copies of such signed and

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dated copy upon the other Parties to this Protective Order.

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12.

Any Information that may be produced by a non-Party witness in

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discovery in the Proceeding pursuant to subpoena or otherwise may be designated

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by such non-Party as “Confidential” under the terms of this Protective Order, and

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any such designation by a non-Party shall have the same force and effect, and

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create the same duties and obligations, as if made by one of the undersigned Parties

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hereto. Any such designation shall also function as a consent by such producing

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Party to the authority of the Court in the Proceeding to resolve and conclusively

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determine any motion or other application made by any person or Party with

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respect to such designation, or any other matter otherwise arising under this

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Protective Order.

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13.

If any person subject to this Protective Order who has custody of any

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Confidential Materials receives a subpoena or other process (“Subpoena”) from

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any government or other person or entity demanding production of Confidential

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Materials, the recipient of the Subpoena shall promptly give notice of the same by

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electronic mail transmission, followed by either express mail or overnight delivery

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to counsel of record for the Designating Party, and shall furnish such counsel with
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PROPOSED ORDER GRANTING STIPULATED PROTECTIVE ORDER
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a copy of the Subpoena. Upon receipt of this notice, the Designating Party may, in

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its sole discretion and at its own cost, move to quash or limit the Subpoena,

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otherwise oppose production of the Confidential Materials, and/or seek to obtain

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confidential treatment of such Confidential Materials from the subpoenaing person

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or entity to the fullest extent available under law. The recipient of the Subpoena

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may not produce any Documents, Testimony or Information pursuant to the

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Subpoena prior to the date specified for production on the Subpoena.

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14.

Nothing in this Protective Order shall be construed to preclude either

Party from asserting in good faith that certain Confidential Materials require

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additional protection. The Parties shall meet and confer to agree upon the terms of

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such additional protection.

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15.

If, after entry of this Protective Order, any Confidential Materials

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submitted by a Designating Party under the terms of this Protective Order is

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Disclosed by a non-Designating Party to any person other than in the manner

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authorized by this Protective Order, the non-Designating Party responsible for the

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Disclosure shall bring all pertinent facts relating to the Disclosure of such

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Confidential Materials to the immediate attention of the Designating Party.

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16.

This Protective Order is entered into without prejudice to the right of

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any Party to knowingly waive the applicability of this Protective Order to any

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Confidential Materials designated by that Party. If the Designating Party uses

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Confidential Materials in a non-Confidential manner, then the Designating Party

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shall advise that the designation no longer applies.

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17.

Without written permission from the designating party or a Court

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Order secured after appropriate notice to all interested persons, a party may not file

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in the public record in this action any Confidential Materials. A party that seeks to

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file under seal any Confidential Material must comply with Civil Local Rule 79-

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5.1.

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18.

The Parties shall meet and confer regarding the procedures for use of

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Confidential Materials at trial and shall move the Court for entry of an appropriate

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order.

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19.

Nothing in this Protective Order shall affect the admissibility into

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evidence of Confidential Materials, or abridge the rights of any person to seek

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judicial review or to pursue other appropriate judicial action with respect to any

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ruling made by the Court concerning the issue of the status of Protected Material.

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20.

This Protective Order shall continue to be binding after the conclusion

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of this Proceeding and all subsequent proceedings arising from this Proceeding,

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except that a Party may seek the written permission of the Designating Party or

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may move the Court for relief from the provisions of this Protective Order. To the

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extent permitted by law, the Court shall retain jurisdiction to enforce, modify, or

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reconsider this Protective Order, even after the Proceeding is terminated.

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21.

Upon written request made within thirty (30) days after the settlement

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or other termination of the Proceeding, the undersigned Parties shall have thirty

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(30) days to either (a) promptly return to counsel for each Designating Party all

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Confidential Materials and all copies thereof (except that counsel for each Party

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may maintain in its files, in continuing compliance with the terms of this Protective

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Order, all work product, and one copy of each pleading filed with the Court and

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one copy of each deposition together with the exhibits marked at the deposition),

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(b) agree with counsel for the Designating Party upon appropriate methods and

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certification of destruction or other disposition of such Confidential Materials, or

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(c) as to any Documents, Testimony or other Information not addressed by sub-

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paragraphs (a) and (b), file a motion seeking a Court order regarding proper

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preservation of such Materials. To the extent permitted by law the Court shall

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retain continuing jurisdiction to review and rule upon the motion referred to in sub-

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paragraph (c) herein.

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IT IS SO ORDERED.

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June 23, 2014

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United States Magistrate Judge

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EXHIBIT A

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CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS
I hereby acknowledge that I, _____________________________ [NAME],

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_______________________________________ [POSITION AND EMPLOYER],

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am about to receive Confidential Materials supplied in connection with the

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Proceeding, 2:13-cv-09384 CAS (JEMx). I certify that I understand that the

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Confidential Materials are provided to me subject to the terms and restrictions of

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the Stipulation and Protective Order filed in this Proceeding. I have been given a

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copy of the Stipulation and Protective Order; I have read it, and I agree to be bound

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by its terms.
I understand that Confidential Materials, as defined in the Stipulation and

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Protective Order, including any notes or other records that may be made regarding

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any such materials, shall not be Disclosed to anyone except as expressly permitted

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by the Stipulation and Protective Order. I will not copy or use, except solely for

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the purposes of this Proceeding, any Confidential Materials obtained pursuant to

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this Protective Order, except as provided therein or otherwise ordered by the Court

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in the Proceeding.
I further understand that I am to retain all copies of all Confidential

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Materials provided to me in the Proceeding in a secure manner, and that all copies

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of such Materials are to remain in my personal custody until termination of my

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participation in this Proceeding, whereupon the copies of such Materials will be

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///

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///

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///

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///

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///

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///
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PROPOSED ORDER GRANTING STIPULATED PROTECTIVE ORDER
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returned to counsel who provided me with such Materials.
I declare under penalty of perjury, under the laws of the United States of

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America, that the foregoing is true and correct. Executed this ___ day of

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___________, 20__, at _______.

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DATED:

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BY: ________________________________
Signature

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________________________________
Title Address

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________________________________

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City, State, Zip

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________________________________

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Telephone Number

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PROPOSED ORDER GRANTING STIPULATED PROTECTIVE ORDER
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