Eduardo Uribe v. Bimbo Bakeries USA, Inc.

Filing 24

JOINT STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIALITY OF DOCUMENTS AND INFORMATION by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 23 . (See Order for details) (bem)

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L AW O FFICE

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Esperanza Cervantes Anderson | SBN 197953
LAW OFFICE OF ESPERANZA CERVANTES ANDERSON
1037 N. Allen Avenue
Pasadena, California 91104
Tel.: [phone]
Fax: [phone]
email: [e-mail]
Attorney for Plaintiff
EDUARDO URIBE
Cynthia S. Sandoval (SBN 191390)
Lina Nasry (SBN 280576)
JACKSON LEWIS P.C.
5000 Birch Street, Suite 5000
Newport Beach, CA 92660
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
BIMBO BAKERIES USA, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EDUARDO URIBE,

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Plaintiff,

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v.
BIMBO BAKERIES USA, INC., a
Delaware Corporation, and DOES 1
through 10, inclusive,

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Defendants.

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Case No. 2:14-cv-05007-ABC-JPR

JOINT STIPULATION AND
[PROPOSED] PROTECTIVE
ORDER RE:
CONFIDENTIALITY OF
DOCUMENTS AND
INFORMATION

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IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff

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EDUARDO URIBE (“Plaintiff”) and Defendant BIMBO BAKERIES USA, INC.

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(“Defendant”) (collectively, the “Parties”), by and through their respective

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undersigned counsel, as follows:

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JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE:
CONFIDENTIALITY OF DOCUMENTS AND INFORMATION

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WHEREAS Plaintiff has commenced an action against Defendant in the
Superior Court of the State of California for the County of Los Angeles entitled
Eduardo Uribe v. Bimbo Bakeries USA, Inc., Case No. BC546458 (the “Action”).

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WHEREAS Defendant has removed the Action to the United States District

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Court for the Central District of the State of California, Case No. 2:14-cv-05007-

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ABC-JPR.

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E SPERANZA C ERVANTES A NDERSON
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seeking the production of documents and information that they consider to be

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WHEREAS the Parties have served, and will in the future serve, discovery

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confidential, sensitive, proprietary business and/or financial information that may

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also include the proprietary business information of third parties including, but not

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limited to, confidential customer information, distribution information, and

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confidential financial information;

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WHEREAS the Parties have also served, and will in the future serve,

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discovery seeking the production of documents and information that may implicate

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the constitutional privacy rights of the defendant, employees of the defendant,

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and/or third parties to this Action, including, but not limited to, personnel

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information;

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WHEREAS the Parties maintain that discovery and pre-trial activities in the

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above-captioned action may entail the disclosure of business, financial and other

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information that is confidential, proprietary, commercially sensitive and/or a trade

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secret;

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WHEREAS the Parties desire to allow necessary discovery while protecting

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the confidentiality of appropriate documents, discovery responses, deposition

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testimony and other information disclosed during the course of this Action.
WHEREAS the Parties have agreed to enter into a confidentiality agreement

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and protective order on the terms herein;

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JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE:
CONFIDENTIALITY OF DOCUMENTS AND INFORMATION

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THEREFORE, in light of the foregoing, and in consideration of the terms,
conditions, and mutual covenants and promises contained herein, the Parties hereby
stipulate as follows:
1.

This stipulated confidentiality agreement and protective order

above-captioned action (collectively “Material”).

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designate as “Confidential” any documents, information or other things that contain

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proprietary business information which any party or non-party contends should be

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Any party or non-party may

protected from disclosure pursuant to this Protective Order.
2.

Any Party or non-party producing or filing a document or thing in the

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documents and information produced by any party or non- party in any form in the

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(“Protective Order”) shall govern the production, use and handling of confidential

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above-captioned action (hereinafter, “Action”) may designate it at the time of its

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production as subject to this Protective Order by designating the Material as

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Confidential by typing or stamping on each page so designated (without obscuring

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or defacing the Material) “Confidential,” “Confidential Subject to Protective Order”

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or words of similar import (“Basic Confidential Material”). If a Party reasonably

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believes that the particular material to be produced or disclosed is of such a highly

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sensitive nature that its disclosure should be limited only to those persons identified

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in Paragraph 8, below, that party shall stamp on or otherwise permanently affix to

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such Material (without obscuring or defacing the Material) the designation

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“Confidential -- Counsel's Possession Only -- Subject to Protective Order” or words

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of similar import (“Counsel's Possession Only Confidential Material”). On rare

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occasion, if a Party reasonably believes that the particular material to be produced

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or disclosed is of such a highly sensitive nature that its disclosure should be limited

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only to those persons identified in Paragraph 9, below, that party shall stamp on or

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otherwise permanently affix to such Material (without obscuring or defacing the

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Material) the designation “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” or words of similar import (“Attorneys’ Eyes Only Confidential
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Material”).

Basic Confidential Material, Counsel's Possession Only Confidential

Material and Attorneys’ Eyes Only Confidential Material shall hereinafter
collectively be referred to as “Confidential Material.” The Parties agree to exercise
good faith in evaluating whether materials should receive any Confidential Material
designation pursuant to this Protective Order.
a.

Should any Party, counsel for any Party, or any person or entity

not a party to the Action who obtains access to any Confidential Material make
copies or duplicates of any Confidential Material, or any portion thereof, and if the
Confidential Material designation is not clearly reproduced on the copies or
duplicates as a result of the copying process, then the appropriate designation, Basic
Confidential Material or Counsel's Possession Only Confidential Material, as the
case may be, shall in that event also be stamped or affixed to such copies or
duplicates, and the references in this Protective Order to Confidential Material shall
be deemed to include and to apply to such copies or duplicates.
b.

Should any Party, counsel for any Party, or any person or entity

not a party to this action who obtains access to Confidential Material make extracts
or summaries of such Confidential Material, such extracts or summaries shall also
be stamped with the appropriate designation. Such extracts or summaries shall also
constitute Confidential Material even if the extracts or summaries are not marked
with a Confidential designation, and the references in this Protective Order to
Confidential Material shall apply to such extracts or summaries. This provision
shall not include the notes of counsel.
c.

If it comes to a Party’s or a non-party’s attention that

information or items that it designated as “Confidential” in fact do not qualify as
“Confidential” pursuant to this Order, or do not qualify for the level of
Confidentiality initially asserted, that Party or non-party must promptly notify all
other parties that it is withdrawing the mistaken designation.

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JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE:
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If timely corrected, an inadvertent failure to designate qualified

information or items as “Confidentia,l” “Highly Confidential – Attorney’s Eyes
Only,” or “Highly Confidential – Counsel’s Possession Only” does not, alone,
waive the designating party’s right to secure protection under this Order for such
material.

If material is appropriately designated as “Confidential,” “Highly

Confidential – Attorney’s Eyes Only,” or “Highly Confidential – Counsel’s
Possession Only” after the material was initially produced, all Parties, on timely
notification of the designation, must make reasonable efforts to assure that the
material is treated in accordance with the provisions of this Order.

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d.

e.

This Protective Order shall apply to all Confidential Material so

designated whether produced informally or in response to formal discovery
requests, subpoenas or at deposition.
3.

The parties also agree that documents or other records produced by

third parties pursuant to subpoena may be designated as Confidential Material by
any party by that party giving written notice to the other parties within thirty (30)
days after the documents are produced that he or it considers them Confidential
Material.
4.

All Confidential Material subject to this Protective Order shall be used

by the persons to whom it is disclosed solely for the prosecution and/or defense
and/or settlement of the Action; it shall not be used by such persons for any other
purpose not directly related to the Action, and at no time shall any Confidential
Material be provided to any representative of the electronic, digital or print media,
excluding those persons designated as experts and consultants pursuant to
Paragraphs 7(c) and 8(b). The Confidential Material shall not be used by any
persons to whom disclosures are made, other than by the Party that produced it, for
business or competitive purposes or in any other Action. This paragraph shall not
apply to the Court or his personnel.

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5.

If, at any time, one of the Parties disagrees with or challenges the

grounds or basis for the designation of any document or information as Basic
Confidential Material or Counsel's Possession Only Confidential Material, that
Party shall nevertheless treat and protect such Material in accordance with this
Protective Order until and unless all Parties have agreed in writing, or an order of
the Court has been entered and become enforceable, which provides that such
challenged Confidential Material may be used or disclosed in a manner different
from that specified in this Protective Order. In the event of such a disagreement,
the Party challenging the designation will have the burden of pursuing any relief
desired in a motion filed in compliance with Local Rule 37 after first engaging in a
meet and confer with the designating party as required by Local Rule 37. The
failure of any party to object to or challenge the designation of any discovery
documents or information as “Confidential Information” pursuant to this Order is
not an admission that such information is a trade secret or otherwise confidential.
6.

Nothing in this Protective Order shall preclude any Party from seeking

and obtaining, upon a showing of good cause, additional protection with respect to
the confidentiality of documents or other information, including, but not limited to,
additional restrictions on disclosure to the Parties herein.
7.

Basic Confidential Material and its contents may only be disclosed to

the following persons and subject to the following conditions:
a.

Counsel of record for the Parties to the Action, now or in the

future, their respective associates, partners, law clerks, paralegals, legal assistants,
secretaries, and other support staff who are actively engaged in assisting such
attorneys in the prosecution or defense of the Action; provided, however, that the
employees of such counsel to whom such access is permitted shall, prior to such
access or disclosure, be advised of the provisions of this Protective Order and shall
be instructed to comply with it;

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b.

the extent that they are responsible for the prosecution and/or defense of the Action,
are actual or potential witnesses, or their knowledge of such information is
otherwise necessary to enable the Parties to prepare for the hearing, to try the
hearing, or to engage in appellate proceedings herein;

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The Parties, officers and current employees of the Parties only to

c.

Independent experts and consultants retained in the Action by a

Party or the attorneys for a Party, provided, however, that the experts or consultants
to whom such access is permitted shall, prior to such access or disclosure, be
advised of the provisions of this Protective Order and shall be instructed to comply
with it;
d.

Deposition reporters and their support personnel for purposes of

preparing deposition transcripts;
e.

Any witness in a deposition in the Action, where Basic

Confidential Material is relevant to the subject matter the deponent would be likely
to have knowledge, provided, however, that any such witness, shall, prior to any
disclosure, prior to such access or disclosure, be advised of the provisions of this
Protective Order and shall be instructed to comply with it;
f.

The author(s), sender(s), addressee(s) and copy recipient(s) of

the Basic Confidential Material;
g.

The person(s) mentioned in any document or tangible material

designated as Basic Confidential Material, provided, however, that only that portion
of the Basic Confidential Material that directly pertains to such person(s) shall be
disclosed to them;
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The Court, case manager, reporters, or other personnel assigned

to the Action;
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Any discovery referee that may be assigned to the Action;

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Percipient witnesses called to testify at the hearing, but only for

purposes of such hearing testimony.
8.

Counsel's Possession Only Confidential Material, or copies thereof,

may be reviewed by the Parties, officers and current employees of the Parties to this
Action (only to the extent that they are responsible for the prosecution and/or
defense of this lawsuit, are actual or potential witnesses, or their whose knowledge
of such information is otherwise necessary to enable the Parties to prepare for the
hearing, to try the hearing, or to engage in appellate proceedings herein) to whom it
is produced, but may not be held in the possession of the Party to whom it is
produced.

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j.

a.

Counsel's Possession Only Confidential Material may only be

held in the possession of the following persons and is subject to the following
conditions:
i.

Counsel of record for the Parties to the Action, now or in

the future, their respective associates, partners, law clerks, paralegals, legal
assistants, secretaries, and other support staff who are actively engaged in assisting
such attorneys in the prosecution or defense of the Action; provided, however, that
the employees of such counsel to whom such access is permitted shall, prior to such
access or disclosure, be advised of the provisions of this Protective Order and shall
be instructed to comply with it;
ii.

Independent experts and consultants employed, consulted

or retained in the Action by a Party or the attorneys for a Party to perform
investigative work, research, analysis, expert testimony and other services
specifically related to the prosecution, defense or settlement of the Action;
provided, however, that the experts or consultants to whom such possession is
permitted shall, prior to such access or disclosure, be advised of the provisions of
this Protective Order and shall be instructed to comply with it;

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iii.

purposes of preparing deposition transcripts provided, however, that those to whom
such possession is permitted shall, prior to such possession, be advised of the
provisions of this Protective Order and shall be instructed to comply with it;

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iv.

v.

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b.

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i.

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Any witness in a deposition in the Action, where

Counsel's Possession Only Confidential Material is relevant to the subject matter
the deponent would be likely to have knowledge; provided, however, that any such
witness, shall, prior to any disclosure, prior to such access or disclosure, be advised
of the provisions of this Protective Order and shall be instructed to comply with it;
ii.

The

author(s),

sender(s),

addressee(s)

and

copy

recipient(s) of the Counsel's Possession Only Confidential Material;

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Including Parties as defined above, the following persons may

Materials, subject to the following conditions:

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Any discovery referee that may be assigned to the Action;

be shown but not given possession of Counsel's Possession Only Confidential

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The Court, case manager, reporters, or other personnel

assigned to the Action;

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Deposition reporters and their support personnel for

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Percipient witnesses called to testify at trial, but only for

purposes of such trial testimony.
9.

Attorneys’ Eyes Only Confidential Material. Unless otherwise ordered

by the Court or permitted in writing by the designating party, a party receiving
Attorneys’ Eyes Only Confidential Material may disclose any information or item
designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to:
a.

Outside counsel of record in this Action for the party receiving

the materials, as well as employees of said counsel to whom it is reasonably
necessary to disclose the information for this Action and who have signed the
“Agreement to Be Bound by Protective Order” that is attached hereto as Exhibit A;

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Court reporters, their staff, and professional vendors to whom

disclosure is reasonably necessary for this Action and who have signed the
“Agreement to Be Bound by Protective Order” (Exhibit A); and

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The Court and his personnel;

c.

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d.

Any other person(s) only with the express written permission of

the producing/designating party, which shall not be unreasonably withheld (1) to
whom disclosure is reasonably necessary for this Action, and (2) who have signed
the “Agreement to Be Bound by Protective Order”;
10.

Unless the Court orders otherwise, Confidential Material may be filed

with the Court in the Action, or offered as evidence at trial in the Action, only in
accordance with the provisions of Local Rule 79-5.1, the rules and requirements of
Honorable Andre Birotte, Jr., Honorable Jean Rosenbluth, and the Central District’s
Pilot Program for the filing of Documents under Seal. Specifically, the procedures
set forth in Local Rule 79-5.1, the rules and requirements of Honorable Andre
Birotte, Jr., Honorable Jean Rosenbluth, and the Central District’s Pilot Program for
the filing of Documents under Seal shall govern the manner in which Confidential
Material must be lodged conditionally under seal, subject to an order directing the
Confidential Material be filed under seal.
11.

If any Confidential Material or its contents is presented at, or is the

subject of inquiry during a deposition, counsel for the Party whose Confidential
Material is to be disclosed or inquired into shall notify the deposition reporter to
separately transcribe the portion of the deposition testimony during which
Confidential Material is discussed. That portion of the deposition that may reveal
Confidential Material or its contents shall be conducted (unless otherwise agreed to
by counsel for all Parties in writing or upon the record of the deposition) under
circumstances such that only the deposition reporter and persons duly authorized
under Paragraphs 7 and 8 herein to have access to such Confidential Material, as the

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case may be, shall be present. The transcript of such portion of the deposition itself
shall be deemed, as appropriate, Basic Confidential Material, Counsel's Possession
Only Confidential Material, or Attorneys’ Eyes Only Confidential Material, and
such portion of the deposition transcript shall be separately transcribed and stamped
with the appropriate legal legend as specified in Paragraph 2, above.

This

Protective Order does not preclude presenting the original of the transcript in its
entirety to the deponent for review, correction and signing, nor does it preclude
delivery by the reporter of copies of deposition transcripts containing or annexing
Confidential Material, in their entirety and marked with the legend or legends
provided above, to outside counsel for the Parties to this Protective Order, which
transcripts shall then be maintained by such outside counsel in accordance with the
provisions of this Protective Order.
12.

Any Party’s attorney of record may use Confidential Information in

document requests, written interrogatories, and requests for admission served upon
the opposing party, or for any other purpose in this Action.

Such document

requests, interrogatories, and requests for admission, and responses thereto, to the
extent that they contain or disclose Confidential Information, shall be marked with
the appropriate designation, and shall be delivered only to Counsel, to the Parties as
appropriate or to other persons designated in paragraphs 7 or 8 above, and only
under the conditions therein described.
13.

Before disclosing Confidential Material to any persons (other than

pursuant to Paragraphs 7(f),(g) and (h) or 8 (a)(i), a(iv), (b(ii), or 9(a), (b) hereof)
authorized to receive it under Paragraphs 7 and 8 of this Protective Order, counsel
for the Party seeking to disclose such Confidential Material shall provide a copy of
this Protective Order to such persons, shall advise them that they are governed by
its provisions and shall instruct them not to use the Confidential Material in any
manner contrary to the terms of this Protective Order. Counsel seeking to disclose

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such Confidential Material shall cause each such person(s) to execute the “Consent
to be Bound,” the form of which is attached hereto as Exhibit “A.”
14.

This Protective Order shall be without prejudice to the rights of the

Parties to apply to the Court for additional, different or removal of protection if they
deem it necessary to do so. The terms of this Protective Order shall not affect the
right of any person to seek and secure greater protection for particularly sensitive
information or to seek whatever further relief is available under the Federal Rules
of Civil Procedure and Evidence, or other Federal law.

Any motion seeking

additional, different or removal of protection shall be filed in compliance with
Local Rule 37.
15.

This Protective Order shall continue in full force and effect with

respect to all Confidential Material throughout the discovery proceedings in this
case. The parties shall discuss the use of any Confidential Material during pretrial
and trial proceedings with Honorable Andre Birotte, Jr. All Confidential Material
not allowed during pretrial or trial proceedings shall be returned to the Party who
produced it and no Party, expert, consultant or any other person or entity to whom
such Confidential Material was produced shall retain any copies or any such
Confidential Material. At the conclusion of the Action (including appeal), all such
Confidential Material not previously returned shall be returned to the Party who
produced it and no Party, expert, consultant or any other person or entity to whom
such Confidential Material was produced shall retain any copies or any such
Confidential Material.
16.

This Protective Order is without prejudice to the right of any party to

object to the discovery, production and/or admissibility of any information,
document or evidence on grounds other than confidentiality or to bring before the
Court at any time the question of whether any particular information is or is not
relevant to any issues in, or to the subject matter of, the Action, and such right is

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hereby expressly reserved. The designation of such information as Confidential
Material pursuant to this Protective Order shall not be construed as an admission of
the relevance of such Confidential Material in the Action.
17.

In the event any person or party in the Action receives a court order,

process or subpoena seeking the disclosure of Confidential Material, such person or
party shall promptly notify each of the Parties through their attorneys of record,
shall furnish each of the Parties through their attorneys of record with a copy of the
court order, process or subpoena, and shall not interfere with respect to any
procedure sought to be pursued by any Party whose interests may be affected by
such disclosure. The Party asserting that documents or information subject to the
court order, process or subpoena constitute Confidential Material shall have the
burden of defending against such court order, process or subpoena. The Party
receiving the court order, process, or subpoena shall, once sufficient notice to all
other Parties has been given and the Parties have had a reasonable opportunity to
object (but in no case less than ten (10) days after notice), be entitled to comply
with it except to the extent a Party has filed for or succeeded in obtaining an order
modifying or quashing the court order, process, or subpoena.
18.

In the event Confidential Information is disclosed to any person other

than in a manner authorized by this Order, the party or non-party responsible for or
with knowledge of the disclosure shall immediately inform the designating party of
all known non-privileged facts pertinent to the disclosure, including the name and
address of the person to whom the disclosure was made. The disclosing party or
non-party shall immediately make all reasonable efforts to prevent further
unauthorized disclosure and to retrieve the disclosed Confidential Information.
19.

Nothing contained herein shall prevent any Party from using or

disclosing its own Confidential Material without having to comply with the terms
of this Protective Order.The Court shall retain jurisdiction to make such

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amendments, modifications, deletions and additions to this Protective Order as the
Court may from time to time deem necessary or appropriate.

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order, if any, modifies, supersedes or terminates it, and shall be enforceable as any
other order of the Court. This Order shall survive the final termination of this
Action, to the extent that the documents or records designated as Confidential
matrial is not or does not become known to the public, and the court shall retain
jurisdiction to resolve any dispute concerning the use of Confidential Material.

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P ASADENA , C ALIFORNIA

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E SPERANZA C ERVANTES A NDERSON

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This Protective Order shall remain in full force and effect until another

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Notwithstanding whether this Protective Order becomes an order of

the Court, or is modified by the Court, the Parties hereto agree to be bound by the
terms of the Protective Order until such time as it is superseded by order of the
Court.
It is so stipulated.

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DATED: 3/5/2015

LAW OFFICE OF ESPERANZA CERVANTES ANDERSON

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By:________/s/_____________________________
Esperanza Cervantes Anderson, Esq.
Attorney for Plaintiff
EDUARDO URIBE

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DATED: 3/5/2015

JACKSON LEWIS LLP

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By: _______/s/__________________________
Cynthia S. Sandoval, Esq.
Lina Nasry, Esq.
Attorney for Defendant
BIMBO BAKERIES USA, INC.

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JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE:
CONFIDENTIALITY OF DOCUMENTS AND INFORMATION

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[PROPOSED] ORDER

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Based upon the foregoing Revised Stipulation and [Proposed] Protective
Order Re: Confidentiality of Documents and Information, and for good cause
shown, IT IS SO ORDERED.
Dated: March 20, 2015

___________________________
Hon. Jean P. Rosenbluth
United States Magistrate Judge

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L AW O FFICE

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P ASADENA , C ALIFORNIA

OF

E SPERANZA C ERVANTES A NDERSON

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JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE:
CONFIDENTIALITY OF DOCUMENTS AND INFORMATION

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EXHIBIT “A”

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FORM OF CONSENT TO BE BOUND

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I, __________________________, declare as follows:

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1.

I have been provided with a copy of the Stipulation and Order Re:

of California, Case No. 2:14-cv-05007-ABC-JPR., and have read and understand its

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terms.

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2.

I hereby consent to be bound by the terms of the Stipulation and Order.

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I further consent to the jurisdiction of the United States District Court for the

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P ASADENA , C ALIFORNIA

OF

Bakeries USA, Inc., United States District Court for the Central District of the State

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L AW O FFICE

Confidentiality of Documents and Information issued in Eduardo Uribe v. Bimbo

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E SPERANZA C ERVANTES A NDERSON

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Central District of California, for the purposes of any proceeding to enforce the

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terms of the Stipulation and Order or to punish the breach thereof.

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I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct.

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Executed on _______________, 2015 at __________________________.
(date)
(city and state)

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4832-4439-2738, v. 2

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JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE:
CONFIDENTIALITY OF DOCUMENTS AND INFORMATION