Key Equipment Finance v. Federal Express Corporation

Filing 56

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. Re Stipulation for Protective Order 54 . (See Order for Further Details) (kl)

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John A. Vogt (State Bar No. 198677)
[e-mail]
Ann T. Rossum (State Bar No. 281236)
[e-mail]
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612.4408
Telephone: [phone]
Facsimile: 949.553.7539
Richard J. Bedell (admitted pro hac vice)
[e-mail]
Christopher M. McLaughlin (admitted pro hac vice)
[e-mail]
JONES DAY
North Point, 901 Lakeside Avenue
Cleveland, OH 44114.1190
Telephone: [phone]
Facsimile: 216.579.0212
Attorneys for Plaintiff
Christopher J. Yost (State Bar No. 150785)
[e-mail]@fedex.com
FEDERAL EXPRESS CORPORATION
2601 Main Street, Suite 340
Irvine, California 92614
Telephone: [phone]
Facsimile: 949. 862.4605
Graham W. Askew (admitted pro hac vice)
[e-mail]
Colleen Hitch Wilson (admitted pro hac vice)
[e-mail]
FEDERAL EXPRESS CORPORATION
3620 Hacks Cross Road, Building B, 3rd Floor
Memphis, TN 38125
Telephone: [phone]
Facsimile: 901.434.4523
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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Case No. 2:14-cv-07534-GW-AGR

KEY EQUIPMENT FINANCE,
Plaintiff,

STIPULATED PROTECTIVE
ORDER

v.
FEDERAL EXPRESS
CORPORATION d/b/a FEDEX
EXPRESS,

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Defendant.

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IT IS HEREBY STIPULATED by and between Plaintiff Key Equipment

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Finance and Defendant Federal Express Corporation, through their respective

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attorneys of record, as follows:

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WHEREAS, documents and information have been and/or may be sought,

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produced, or disclosed by the parties to this action relating to trade secrets,

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confidential research, development, technology, or other proprietary commercial

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information or business information that is not publicly known and that the party

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has treated as confidential including, but not limited to, non-public financial

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information or analyses, research, or business rules, systems, or practices.

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THEREFORE, an Order of this Court protecting such confidential

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information shall be and hereby is made by this Court on the following terms:

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1.

This Order shall govern the use, handling, and disclosure of all

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documents, testimony, or information produced or given in this action which are

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designated to be subject to this Order in accordance with the terms hereof.

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2.

Any party may designate as “Confidential” any document, deposition

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testimony, or other information produced, given, or disclosed by it that such party

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believes in good faith is entitled to protection under applicable law.
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3.

In accordance with Local Rule 79-5.1, if any papers to be filed with

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the Court contain information or documents that have been designated as

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“Confidential,” the proposed filing shall be accompanied by an application to file

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the papers or the portion thereof containing the designated information or

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documents (if such portion is segregable) under seal. The application shall be

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directed to the judge to whom the papers are directed. For motions, the parties shall

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publicly file a redacted version of the motion and supporting papers.

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4.

Any documents, deposition testimony, or other information subject to

this Order shall not be used, directly or indirectly, by any person for any business,

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commercial, or competitive purposes or for any purpose whatsoever other than

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solely for the preparation and trial of this action in accordance with the provisions

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of this Order.

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5.

Except with the prior written consent of the party making the

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designation, or pursuant to a further order of the Court, any document, deposition

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testimony, or other information designated as “Confidential” under this Order shall

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not be disclosed to any person other than: (a) the Court, its personnel, and court

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reporters; (b) counsel for the parties, whether retained counsel or in-house counsel,

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and employees of counsel assigned to assist in this action; (c) parties to this action;

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(d) former employees of a party in connection with their depositions in this action;

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(e) the authors or recipients; (f) experts specifically retained as consultants or

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testifying witnesses in connection with this action; and (g) professional vendors to

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whom disclosure is reasonably necessary for this action.

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6.

Documents, deposition testimony, or other information designated

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“Confidential” pursuant to this Order shall not be made available to any person

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identified in Subparagraphs 5(f)-(g) unless he or she shall have first read this Order,

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agreed to be bound by its terms, and signed the Declaration of Compliance attached

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as Exhibit A.

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7.

All persons receiving documents, deposition testimony, or other
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information designated “Confidential” pursuant to this Order shall be advised of

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their confidential nature. All persons to whom such materials are disclosed are

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hereby prohibited from disclosing them to any person except as provided herein,

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and are further prohibited from using them except in the preparation for and trial of

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this action between the named parties thereto. No person receiving or reviewing

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such materials shall disseminate or disclose them to any person other than those

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described in Paragraph 5 and for the purposes specified, and in no event shall such

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person make any other use of such materials.

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8.

Any party wishing to designate as “Confidential” any deposition

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testimony or document submitted as an exhibit at a deposition may do so on the

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record during the deposition or in writing to the other party within ten (10) business

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days after receipt of the deposition transcript. The designating party shall designate

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only those portions of the testimony or document which discloses information

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entitled to protection under this Order. The party making the designation shall be

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responsible for assuring that the portions of the deposition transcript or exhibits

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designated as “Confidential” are marked as such and are appropriately bound by the

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court reporter. During the interim ten (10) day period, such materials shall be

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afforded “Confidential” protection subject to the provisions of this Order.

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9.

Inadvertent failure to designate documents as “Confidential” at the

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time of production or disclosure shall not operate to waive a party’s right to later

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designate them as such; provided, however, that no receiving party shall be held in

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breach of this Order if, in the interim, such documents were disclosed to a person

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that, in retrospect, was not authorized to receive them. Subject to this provision,

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any designation that is inadvertently omitted from a document during discovery in

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this action may be corrected by written notice from the producing party to the

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receiving party. Once such belated designation has been made, the relevant

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documents shall be treated as “Confidential” subject to the provisions of this Order.

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10.

In the event that any party to this litigation disagrees with any
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designation of confidentiality made pursuant to this Order, that party shall notify

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the producing party of its disagreement in writing. The notice must specifically

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identify by bates number or page what document or portion of a document is being

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challenged as improperly designated. Within fifteen (15) business days of the

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receipt of such written notice, the producing party will either voluntarily remove the

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challenged designation or advise the objecting party that it will not remove the

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challenged designation. Upon notice from the producing party that it will not

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remove a challenged designation, the objecting party may seek appropriate relief

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from the Court in accordance with Local Rule 37. During the pendency of any

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challenge to a designation made pursuant to this Order, the designated materials

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shall continue to be treated as “Confidential” subject to the provisions of this Order.

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This Order has been agreed to by the parties to facilitate discovery and

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the production of relevant evidence in this action. Neither the entry of this Order,

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nor the designation of any document, deposition testimony, or other information as

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“Confidential,” nor the failure to make such designation, shall constitute evidence

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with respect to any issue in this action.

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12.

Within sixty (60) days after the final termination of this action, all

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materials afforded confidential treatment pursuant to this Order, including any

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extracts, summaries, or compilations taken therefrom, but excluding any materials

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that in the good faith judgment of counsel are work product materials, shall be (a)

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returned to the producing party upon request or (b) destroyed at the request of the

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producing party.

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13.

Nothing in this Order shall affect or restrict the rights of any party with

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respect to its own documents or information obtained or developed independently

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of any materials afforded confidential treatment pursuant to this Order.

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14.

Nothing in this Order shall prevent a party from using at trial any

information or materials designated “Confidential.”
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Any non-party from which discovery is sought in this action may be
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informed of and may obtain protection under this Order by written notice to the

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parties’ respective counsel or by oral notice at the time of any deposition or similar

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proceeding.

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The Court retains the right to allow disclosure of any subject covered

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by this stipulation or to modify this stipulation at any time in the interest of justice.

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The Court also retains jurisdiction to enforce the terms of this Order, if necessary,

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following the conclusion of this action. The terms of this Order shall continue to be

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binding after the conclusion of this action, unless otherwise agreed by the parties in

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writing or ordered by the Court.

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Dated: November 19, 2015

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JONES DAY

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By: /s/ Christopher M. McLaughlin
Christopher M. McLaughlin

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Attorney for Plaintiff

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FEDERAL EXPRESS CORP.

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By: /s/ Colleen Hitch Wilson
Colleen Hitch Wilson

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Attorney for Defendant

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IT IS SO ORDERED.
Dated this 23rd day of November, 2015.

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HONORABLE ALICIA G. ROSENBERG
UNITED STATES MAGISTRATE JUDGE

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Exhibit A

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Declaration of Compliance

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I, _________________________, certify that I have been provided a copy of

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the Stipulated Protective Order entered in the lawsuit captioned Key Equipment

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Finance v. Federal Express Corporation, Case No. 2:14-cv-07534, which is

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currently pending in the United States District Court for the Central District of

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California. I have read the Stipulated Protective Order, and I agree to be bound by

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its provisions as a condition of receiving certain confidential information, which

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has been identified to me. I promise not to make use of this confidential

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information for any purpose other than my role in the aforementioned lawsuit. I

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consent to being subject to the continuing jurisdiction of the United States District

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Court for the Central District of California in regard to all matters relating to the

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Stipulated Protective Order, including, without limitation, the enforcement of the

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Stipulated Protective Order.

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DATED:

SIGNED:

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PRINTED NAME:

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