William Parenteau v. General Motors, LLC

Filing 49

PROTECTIVE ORDER by Magistrate Judge Margaret A. Nagle, re: Stipulation for Protective Order, 47 . (mz)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WILLIAM PARENTEAU, DAVID Case No.: 14-cv-04961-RGK (MANx)
OLMEDO, and WENDY SMITH,
individually, and on behalf of a class of
similarly situated individuals,

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Plaintiffs,
vs.

PROTECTIVE ORDER

GENERAL MOTORS, LLC,
Defendant.

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Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based on

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the parties’ Stipulation For Entry Of Protective Order Regarding Confidentiality Of

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Documents And Information (“Stipulation”) filed on June 8, 2015, the terms of the

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protective order to which the parties have agreed are adopted as a protective order of

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this Court (which generally shall govern the pretrial phase of this action) except to

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the extent, as set forth below, that those terms have been substantively modified by

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the Court’s amendment of paragraph 1 of, and Exhibit A to, the Stipulation.

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AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED AND

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MODIFIED BY THE COURT 1

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1.

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In connection with discovery proceedings in this Action, any party or

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other person may designate as “Confidential” any information, document or

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electronically stored information that such party or person (the “Designator'') in

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good faith believes contains trade secrets, confidential research or proprietary

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financial,

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Information”) which could, if made publicly available, cause competitive harm to a

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party or personal harm to a natural person. The designation of any information,

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document, or thing as “Confidential” or other designation(s) used by the

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parties, does not, in and of itself, create any entitlement to file such

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information, document, or thing, in whole or in part, under seal. Accordingly,

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reference to this Protective Order (“Order”) or to the parties’ designation of

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any information, document, or thing as “Confidential” or other designation(s)

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used by the parties, is wholly insufficient to warrant a filing under seal. In

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connection with non-dispositive motions, good cause must be shown to support

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a filing under seal.
2.

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commercial

or

protected

personal

information

(“Confidential

Confidential Information may be disclosed only to “Qualified Persons”

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(defined below) and used only in connection with this Action and any appeals of this

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Action, and for no other purpose. Any other use or disclosure of such documents,

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materials or information for any other purposes or otherwise, is in direct violation of

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this Order. All Qualified Persons receiving Confidential Information shall be bound

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by the terms hereof. If any person violates or threatens to violate any of the terms

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hereof, the aggrieved party may seek any appropriate relief.

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The Court’s substantive modifications of the agreed terms of the Protective Order are generally
indicated in bold typeface.

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3.

A Designator may designate documents which that Designator

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produces as Confidential Information by stamping each page containing

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Confidential Information with the legend “Confidential,” or adding the legend

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“Confidential” electronically to electronically stored information, or otherwise

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designating such information and files or datasets containing such information as

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“Confidential.” Confidential documents or information inadvertently produced by

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either party without the “Confidential” designation may be so designated upon

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reasonable written notice, and thereafter such documents or information shall be

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treated as Confidential unless otherwise agreed or directed by the Court.

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4.

In the event that deposition testimony contains the type of information

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described in Paragraph 1 above, the parties may designate such portions of

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deposition testimony “Confidential” by advising the court reporter and/or

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videographer on the record at the time such testimony is given, or within thirty (30)

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days after receipt of the transcript of the deposition, by notifying opposing counsel

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in writing of the page and line numbers of the testimony deemed “Confidential.”

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Any testimony reading from, directly referencing, interpreting or discussing the

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contents of confidential documents is automatically deemed to be confidential,

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including any confidential documents used as deposition exhibits. Subject to the

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aforesaid terms, every deposition shall be treated as “Confidential” for at least a

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period of thirty (30) days after receipt of the transcript by all counsel.

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5.

Any party receiving Confidential Information may disclose or make

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available, by counsel of record, such information only to Qualified Persons. The

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term “Qualified Persons” includes only the following persons:

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a.

the named parties to this action, counsel of record in this Action, or any

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employee or agent of such counsel, including vendors, who participates or assists in

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the prosecution or defense of this Action, provided that with respect to any vendors,

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the requirements of sub-section (d) of this Paragraph shall apply;

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b.

court reporters (including persons operating video recording equipment

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at depositions) and persons preparing transcripts of testimony to the extent

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necessary to prepare such transcripts;

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c.

potential, anticipated or actual deposition and trial fact witnesses,

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provided that prior to the disclosure to any such person of any Confidential

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Information, counsel for the party proposing to make such disclosure shall deliver a

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copy of this Order to such person, and shall explain to such person its terms and that

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he/she will be bound by it, and such person shall sign a written acknowledgment, in

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a form substantially similar to Exhibit A hereto, that the foregoing information has

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been conveyed to, understood and agreed by him/her;
d.

any experts, advisors or consultants retained by any Party or its counsel

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to render assistance in this Action, provided that prior to the disclosure to such

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persons of any Confidential Information, counsel for the party proposing to make

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such disclosure shall deliver a copy of this Order to such person, and shall explain to

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such person its terms and that he/she will be bound by it, and such person shall sign

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a written acknowledgment, in a form substantially similar to Exhibit A hereto, that

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the foregoing information has been conveyed to, understood and agreed by him/her;

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e.

counsel for the party disclosing Confidential Information pursuant to

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this paragraph shall be responsible for maintaining the executed acknowledgments

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referenced herein.

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6.

All Qualified Persons who have received Confidential Information

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shall safeguard such information so as to avoid its disclosure to persons who are not

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Qualified Persons.

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7.

If a party challenges a “Confidential” designation as to any discovery

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material, the party shall first notify in writing the attorneys of record for the

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Designator and explain in writing the basis for the contention that the “Confidential”

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designation is inappropriate. The Designator shall respond by explaining in writing

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the basis for the designation. Following an objection to a designation of material as

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confidential, counsel shall promptly confer in an attempt to resolve this objection.

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If the dispute is not resolved within twenty (20) days of the conference between

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counsel, the Designator and challenging party shall comply with the procedures set

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forth in Central District Local Rule 37 for resolving the dispute, including the filing

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of a joint stipulation setting forth all issues in dispute, the first draft of which shall

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be prepared by the Designator. Such filings shall be governed by the terms of this

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Order, and any material that a party has designated as “Confidential” shall be treated

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as confidential until the Court rules on the motion challenging that designation. The

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Designator shall bear the burden of establishing that good cause exists for the

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designation.

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8.

Any document that contains Confidential Information, or encloses

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Confidential Information, or that refers to or quotes Confidential Information, or

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that is otherwise designated by a party as “Confidential Information,” if filed with

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the court, shall be presented for filing under seal pursuant to the court’s procedures

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for filing documents under seal (including any applicable provisions of the court’s

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standing order), or, if no such procedures exist, pursuant to Civil Local Rule 79-5.

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9.

Upon the termination of this Action (whether by judgment, settlement

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or otherwise), the attorneys for each party, and all Qualified Persons, who received

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Confidential Information shall, within a reasonable period of time, at their option

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either (a) return to each person who produced Confidential Information the originals

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and all copies of the Confidential Information produced by such person or (b) (1)

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destroy all Confidential Information (including all copies of Confidential

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Information, (2) take all reasonable steps to ensure that all copies of electronically

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stored Confidential Information have been deleted and (3) provide a certification of

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compliance with this paragraph. Notwithstanding the foregoing, each counsel may

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retain for its file one copy of his/her work product and of any documents filed with

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the Court, provided such documents continue to be kept strictly confidential and

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subject to the terms and conditions of the Stipulation and Order.

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10.

Neither the termination of this Action or any related proceedings nor

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the termination of employment of any person who has had access to any

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Confidential Information shall relieve such person of his or her obligations under

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this Agreement.

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11.

This Court shall retain jurisdiction over all persons subject to this

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Stipulation and Order after termination of this Action for the purpose of enforcing

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this Stipulation and Order.

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12.

This Stipulation and Order may be executed in the forms or one or

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more counterparts with the same force and effect as if all signatories had executed a

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single copy of this Stipulation and Order.

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Dated: August 3, 2015
________________________
________________________
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Margaret A. Nagle
Margaret
g
ge
United States M i t t J d
U it d St t Magistrate Judge

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Exhibit A

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I hereby certify as follows:

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a. I have been provided with Confidential Information pursuant to the
Protective Order entered into by the parties in
Parenteau, et al. v. General Motors, LLC, No. 14-cv-04961-RGK
(MANx), pending in United States District Court for the Central District of
California.
b. Prior to receiving any Confidential Information, I was provided with a
copy of said Protective Order, which I have read and understand.
c. I agree to be bound by and to comply with all terms of said
Protective Order.

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Dated:

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________________________________
[Name]

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