Jeffers v. Babera Management Corporation et al

Filing 42

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Amended Stipulation for Protective Order 41 . (See Order for complete details) (afe)

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CENTER FOR DISABILITY ACCESS
Mark Potter, Esq., SBN 166317
Michelle Uzeta, Esq., SBN 164402
Mail: PO Box 262490
San Diego, CA 92196-2490
Delivery: 9845 Erma Road, Suite 300
San Diego, CA 92131
[phone]; [phone] fax
[e-mail]

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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Mirella Jeffers,

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Case 2:14-cv-00787-RGK-AS

Plaintiff,

[Proposed] Protective Order

v.
Barbera Management
Corporation and Does 1-10
inclusive,
Defendants.

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By agreement of the parties hereto, pursuant to the Amended
Stipulation for Protective Order filed concurrently herewith, and for good
cause shown, it is hereby ORDERED:

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1.

In order to expedite the flow of discovery materials, facilitate

the prompt resolution of disputes over confidentiality, adequately protect
material containing information which a party contends is to be kept
confidential and serve the speedy ends of justice, a protective order for
such information is prudent and necessary.

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2.

When used in this order, the term “Confidential Information”
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[Proposed] Protective Order

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means any and all information regarding or relating to the medical

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condition or ability of Plaintiff Mirella Jeffers no matter from whom it is

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obtained or by whom it is obtained. When used in this order the term

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“Confidential Material” means all written, recorded, or graphic matter,

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however produced, reproduced, or maintained, including all information

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kept in electronic, magnetic, or photographic form, and all other tangible

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items which a party contends disclose confidential information, including all

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non-identical copies and drafts.

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3.

A party shall designate a document or other written

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information as Confidential Material by stamping each page of the

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document, or the portions of the document which are believed to warrant

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confidential protection with the following legend: “CONFIDENTIAL”.

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Recordings, photographs, and other tangible items warranting confidential

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protection shall be similarly marked.

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4.

Counsel for a party may designate any deposition transcript or

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portion of any deposition transcript as Confidential by so stating on the

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record or by giving notice in writing to the other parties within 30 days of

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receipt of the deposition transcript, prior to which time the entire deposition

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transcript shall be treated by the parties as Confidential. In either of the

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foregoing instances, the stenographer shall be instructed to place the word

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“CONFIDENTIAL” on the first page and portions of the original and all

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copies of the transcripts containing any Confidential Information.

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addition, unless otherwise arranged in advance by the parties, attendance

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at any deposition shall be limited to those persons entitled to receive

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Confidential Materials pursuant to this Order.

In

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5.

When used in this Order, the term “Covered Persons” includes

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[Proposed] Protective Order

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only the following: (1) the named plaintiffs, defendants, cross-complainants

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and cross defendants in this litigation; (2) the named counsel for all parties

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in the litigation, including members of counsel’s legal or support staff (e.g.

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associates within counsel’s firm, in-house investigators, secretaries, legal

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assistants, paralegals and law clerks), to the extent reasonably necessary

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for such persons to render assistance in this litigation; (3) the court and its

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personnel; (4) court reporters and their staff, professional jury or trial

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consultants, mock jurors, and professional vendors to whom disclosure is

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reasonably necessary for this litigation; and (5) experts retained or

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consulted by counsel for any party to assist in the preparation, prosecution,

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or evaluation of this litigation including copy service personnel, insurance

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carriers and adjusters.

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6.

Absent a further order of the Court, those documents marked

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as Confidential Materials, as described in paragraph 4, shall not be used

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for any purpose other than the prosecution or defense of this captioned

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action, and shall not be shown, disseminated or disclosed in any manner

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to anyone other than Covered Persons without the prior written agreement

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of a party or order of the Court after due notice to the party. Any person

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receiving Confidential Materials in the course of this litigation will use

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reasonable care to safeguard and preserve the confidential character of

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such information and prevent it from being communicated.

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7.

Before disclosing any confidential information pursuant to the

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above paragraph, counsel shall first obtain from such person a signed

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“Written Assurance” in the form attached hereto as “Exhibit A.” Counsel

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shall maintain a list of all such recipients of confidential information to

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whom this paragraph applies and the original of all Written Assurance non-

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disclosure agreements required pursuant to this paragraph. Counsel shall

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provide copies of each Written Assurance to the counsel for Plaintiff within

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[Proposed] Protective Order

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two (2) working days of its execution and prior to the disclosure of the

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confidential information. Counsel for Defendants shall not be required to

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disclose the actual identity of any expert they retain or consult with until it

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is determined that such expert will be a witness at trial. All consulting

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experts shall be required to execute the Written Assurance and counsel for

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Defendants shall forward the same to counsel for Plaintiff, along with all

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materials provides, at the conclusion of the litigation.

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8.

In the event a party to this litigation seeks to file or lodge

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Confidential Material with the Court for any purpose, the party, prior to

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filing or lodging such documents, first notify all parties in writing of such

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intent. This notice shall identify each document or other tangible item the

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party intends to file or intends to lodge with the Court. The designating

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party shall then have ten (10) days from the mailing of the notice to file or

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lodge Confidential Material to serve a Notice of Intent to Seal.

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designating party shall then have fifteen (15) days from the mailing of the

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Notice of Intent to Seal to file and serve a motion or an application for an

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order to have the records sealed pursuant to Local Rule of Court 79-5.1. If

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the designating party serves a Notice of Intent to Seal, and thereafter files

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such a motion or application to have the Confidential Material filed under

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seal, and during the pendency of such motion, the receiving party shall

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refrain from filing or lodging such materials with the Court until the Court

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rules on the designating party’s motion or application.

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9.

The

A deponent may, during his or her deposition, be shown, and

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examined about material a party contends is Confidential Material or

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Confidential Information, if the deponent agrees to comply with the

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provisions of this Protective Order. If any material a party contends is

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Confidential Material is sought or referred to in the course of a deposition,

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that portion of the deposition shall be treated as Confidential Material.

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[Proposed] Protective Order

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10.

If any party objects to the designation of any record as

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Confidential Material, that party shall first notify all other parties in writing

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within 30 days of receipt of the Confidential Material, specifying the factual

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and legal basis for the objection. Any motion challenging the designation

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of Confidential Material must be made no later than sixty (60) days

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following the receipt of Confidential Material.

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11.

Filing Confidential Material: Any party that seeks to file under

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seal any material designated as Confidential must comply with Civil Local

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Rule 79-5 and with any pertinent orders of the assigned District Judge and

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Magistrate Judge.
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Meet and Confer/Discovery Motion: Any party challenging a

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confidentiality designation or a party's intent to file confidential matters with

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the Court, including applications to file such documents under seal, must

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initiate the dispute resolution process under Local Rule 37-1 et. seq. Any

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discovery motion must strictly comply with the procedures set forth in Local

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Rules 37-1, 37-2 and 37-3. The burden of persuasion in any such

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challenge proceedings shall be on the Designating Party. Frivolous

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challenges, and those made for an improper purpose (eg., to harass or

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impose unnecessary expenses and burdens on other parties) may expose

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the Challenging Party to sanctions. Unless the Designating Party has

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waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it

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is entitled under the Producing Party's designation until the Court rules on

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the challenge.

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13.

Information and documents subject to this Order and any

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duplicates thereof may not be used for any purpose other than the

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prosecution or defense of this lawsuit.

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14.

This Order shall not limit the right of the parties to apply for
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further protective orders or modification or extension of this Order, and

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shall not restrict the use by the parties of its own information.

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Within thirty (30) days of the final termination of this litigation

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(the earlier of execution of settlement agreement or entry of judgment),

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counsel shall return to counsel of record for a designating party all

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Confidential Material, including all copies of Confidential Material,

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produced pursuant to the Protective Order.

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also contact all persons who have executed Written Assurances and direct

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the return of all confidential documents, including all copies of confidential

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documents to counsel of record for a designating party. Accompanying the

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return of all confidential documents, counsel for all parties shall provide to

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counsel of record for a designating party executed Certifications in the

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form attached hereto as Exhibit B (executed by counsel) and Exhibit C

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(executed by each expert and anyone else who had access to such

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Confidential Material).

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entitled to retain an archival copy of all pleadings, motion papers, trial,

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deposition, and hearing transcripts, legal memoranda, correspondence,

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deposition and trial exhibits, expert reports, attorney work product, and

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consultant and expert work product, even if such materials contain

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Confidential Information. Any such archival copies that contain or

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constitute Confidential Information remain subject to this Protective Order.

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16.

Counsel for the parties shall

Notwithstanding this provision, Counsel are

A document, recording, photograph, or other tangible item

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warranting confidential protection that contains Confidential Information as

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identified in this stipulated protective order shall not lose its confidential

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status solely because it was inadvertently not marked by the parties as

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Confidential.

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17.

The inadvertent, unintentional, or in camera production of any

confidential information shall not, under any circumstances, be deemed a

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[Proposed] Protective Order

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waiver, in whole or in part, of the confidentiality of the confidential

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information in question.

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confidential information not responsive to a formal request for production

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and/or an order of the Court, the recipient shall immediately return the

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confidential information, including all copies thereof, and shall make no use

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of the confidential information for any purpose.

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18.

If a party should inadvertently produce any

In the event that any Confidential Material is used in any court

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proceeding in this action, it shall not lose its confidential status through

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such use, and the party using such shall take all reasonable steps to

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maintain its confidentiality during such use.
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This Order shall be binding upon all persons who receive

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actual notice of its contents. The parties to this litigation, their attorneys,

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and the employees, consultants and other persons employed or retained

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by the parties or their attorneys, submit to the jurisdiction of this Court for

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the purposes of enforcing this order.

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20.

Any use of Confidential Material at trial shall be governed by

a separate agreement or order.

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IT IS SO ORDERED.

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September 17, 2014
DATED: _________________

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/s/
_____________________________
Hon. Alka Sagar
United States Magistrate Judge

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[Proposed] Protective Order