Gabino Alvarez v. Walgreen Co.

Filing 20

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 18 . Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection from publi c disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. (SEE ORDER FOR DETAILS.) (mp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Bryan Cave LLP
120 Broadway, Suite 300
Santa Monica, CA 90301

12 GABINO ALVAREZ,

Case No. 2:14-cv-09626-SJO-AGR

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Plaintiff,

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(Los Angeles County Superior Court
Case No. BC562021)

vs.

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WALGREEN CO., a corporation and
16 DOES 1-19, INCLUSIVE,
17

STIPULATED PROTECTIVE
ORDER

Defendants.

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19 1.

A.

PURPOSES AND LIMITATIONS

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21

Discovery in this action is likely to involve production of confidential,

22 proprietary, or private information for which special protection from public
23 disclosure and from use for any purpose other than prosecuting this litigation may
24 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
25 enter the following Stipulated Protective Order. The parties acknowledge that this
26 Order does not confer blanket protections on all disclosures or responses to
27 discovery and that the protection it affords from public disclosure and use extends
28 only to the limited information or items that are entitled to confidential treatment
STIPULATED PROTECTIVE ORDER
SM01DOCS\1090900.2

1 under the applicable legal principles. The parties further acknowledge, as set forth in
2 Section 12.3, below, that this Stipulated Protective Order does not entitle them to
3 file confidential information under seal; Civil Local Rule 79-5 sets forth the
4 procedures that must be followed and the standards that will be applied when a party
5 seeks permission from the court to file material under seal.
6
7

B.

GOOD CAUSE STATEMENT

8

This action is likely to involve customer and employee personnel information,

9 and/or other proprietary information for which special protection from public
10 disclosure and from use for any purpose other than prosecution of this action is
11 warranted because the information implicates privacy rights of third parties. The
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120 Broadway, Suite 300
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12 action may also involve other confidential and/or proprietary business information
13 that is otherwise generally unavailable to the public, or which may be privileged or
14 otherwise protected from disclosure under state or federal statutes, court rules, case
15 decisions, or common law. Accordingly, to expedite the flow of information, to
16 facilitate the prompt resolution of disputes over confidentiality of discovery materials,
17 to adequately protect information the parties are entitled to keep confidential, to
18 ensure that the parties are permitted reasonable necessary uses of such material in
19 preparation for and in the conduct of trial, to address their handling at the end of the
20 litigation, and serve the ends of justice, a protective order for such information is
21 justified in this matter. It is the intent of the parties that information will not be
22 designated as confidential for tactical reasons and that nothing be so designated
23 without a good faith belief that it has been maintained in a confidential, non-public
24 manner, and there is good cause why it should not be part of the public record of this
25 case.
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27 2.

DEFINITIONS

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2.1

Action: This pending federal law suit.

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2
STIPULATED PROTECTIVE ORDER

1

2.2

Challenging Party: a Party or Non-Party that challenges the designation

2 of information or items under this Order.
3

2.3

"CONFIDENTIAL" Information or Items: information (regardless of

4 how it is generated, stored or maintained) or tangible things that qualify for
5 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
6 the Good Cause Statement.
7

2.4

Counsel: Outside Counsel of Record and House Counsel (as well as

8 their support staff).
9

2.5

Designating Party: a Party or Non-Party that designates information

10 or items that it produces in disclosures or in responses to discovery as
11 "CONFIDENTIAL."
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Santa Monica, CA 90301

12

2.6

Disclosure or Discovery Material: all items or information, regardless

13 of the medium or manner in which it is generated, stored, or maintained
14 (including, among other things, testimony, transcripts, and tangible things), that
15 are produced or generated in disclosures or responses to discovery in this matter.
16

2.7

Expert: a person with specialized knowledge or experience in a

17 matter pertinent to the litigation who has been retained by a Party or its counsel to
18 serve as an expert witness or as a consultant in this Action.
19

2.8

House Counsel: Attorneys who are employees of a party to this

20 Action. House Counsel does not include Outside Counsel of Record or any other
21 outside counsel.
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2.9

Non-Party: any natural person, partnership, corporation,

23 association, or other legal entity not named as a Party to this action.
24

2.10

Outside Counsel of Record: Attorneys who are not employees of a

25 party to this Action but are retained to represent or advise a party to this Action
26 and have appeared in this Action on behalf of that party or are affiliated with a law
27 firm which has appeared on behalf of that party, and includes support staff.
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SM01DOCS\1090900.2

3
STIPULATED PROTECTIVE ORDER

2.11 Party: any party to this Action, including all of its officers, directors,

1

2 employees, consultants, retained experts, and Outside Counsel of Record (and
3 their support staffs).

2.12 Producing Party: a Party or Non-Party that produces Disclosure or

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5 Discovery Material in this Action.

2.13 Professional Vendors: persons or entities that provide litigation

6

7 support services (e.g., photocopying, videotaping, translating, preparing exhibits
8 or demonstrations, and organizing, storing, or retrieving data in any form or
9 medium) and their employees and subcontractors.

2.14 Protected Material: any Disclosure or Discovery Material that is

10

11 designated as "CONFIDENTIAL."

2.15 Receiving Party: a Party that receives Disclosure or Discovery

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13 Material from a Producing Party.
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15 3.

SCOPE

16

The protections conferred by this Stipulation and Order cover not only

17 Protected Material (as defined above), but also (1) any information copied or
18 extracted from Protected Material; (2) all copies, excerpts, summaries, or
19 compilations of Protected Material; and (3) any testimony, conversations, or
20 presentations by Parties or their Counsel that might reveal Protected Material.

Any use of Protected Material at trial shall be governed by the orders of the

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22 trial judge. This Order does not govern the use of Protected Material at trial.
23
24 4.

DURATION

25

Even after final disposition of this litigation, the confidentiality obligations

26 imposed by this Order shall remain in effect until a Designating Party agrees
27 otherwise in writing or a court order otherwise directs. Final disposition shall be
28 deemed to be the later of (1) dismissal of all claims and defenses in this Action,
SM01DOCS\1090900.2

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STIPULATED PROTECTIVE ORDER

1 with or without prejudice; and (2) final judgment herein after the completion and
2 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
3 including the time limits for filing any motions or applications for extension of time
4 pursuant to applicable law.
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6 5.

DESIGNATING PROTECTED MATERIAL

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5.1

Exercise of Restraint and Care in Designating Material for Protection.

8 Each Party or Non-Party that designates information or items for protection under
9 this Order must take care to limit any such designation to specific material that
10 qualifies under the appropriate standards. The Designating Party must designate
11 for protection only those parts of material, documents, items, or oral or written
Bryan Cave LLP
120 Broadway, Suite 300
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12 communications that qualify so that other portions of the material, documents,
13 items, or communications for which protection is not warranted are not swept
14 unjustifiably within the ambit of this Order.
15

Mass, indiscriminate, or routinized designations are prohibited.

16 Designations that are shown to be clearly unjustified or that have been made for an
17 improper purpose (e.g., to unnecessarily encumber the case development process
18 or to impose unnecessary expenses and burdens on other parties) may expose the
19 Designating Party to sanctions.
20

If it comes to a Designating Party's attention that information or items that it

21 designated for protection do not qualify for protection, that Designating Party
22 must promptly notify all other Parties that it is withdrawing the inapplicable
23 designation.
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5.2

Manner and Timing of Designations. Except as otherwise provided in

25 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
26 stipulated or ordered, Disclosure or Discovery Material that qualifies for
27 protection under this Order must be clearly so designated before the material is
28 disclosed or produced.
SM01DOCS\1090900.2

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STIPULATED PROTECTIVE ORDER

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2

Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic

3 documents, but excluding transcripts of depositions or other pretrial or trial
4 proceedings), that the Producing Party affix at a minimum, the legend
5 "CONFIDENTIAL" (hereinafter "CONFIDENTIAL legend"), to each page that
6 contains protected material. If only a portion or portions of the material on a page
7 qualifies for protection, the Producing Party also must clearly identify the
8 protected portion(s) (e.g., by making appropriate markings in the margins).
9

A Party or Non-Party that makes original documents available for

10 inspection need not designate them for protection until after the inspecting Party
11 has indicated which documents it would like copied and produced. During the
Bryan Cave LLP
120 Broadway, Suite 300
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12 inspection and before the designation, all of the material made available for
13 inspection shall be deemed "CONFIDENTIAL." After the inspecting Party has
14 identified the documents it wants copied and produced, the Producing Party must
15 determine which documents, or portions thereof, qualify for protection under this
16 Order. Then, before producing the specified documents, the Producing Party must
17 affix the "CONFIDENTIAL legend" to each page that contains Protected Material.
18 If only a portion or portions of the material on a page qualifies for protection, the
19 Producing Party also must clearly identify the protected portion(s) (e.g., by
20 making appropriate markings in the margins).
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(b)

for testimony given in depositions that the Designating Party

22 identify the Disclosure or Discovery Material on the record, before the close of the
23 deposition all protected testimony.
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(c)

for information produced in some form other than documentary

25 and for any other tangible items, that the Producing Party affix in a prominent
26 place on the exterior of the container or containers in which the information is
27 stored the legend "CONFIDENTIAL." If only a portion or portions of the
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STIPULATED PROTECTIVE ORDER

1 information warrants protection, the Producing Party, to the extent practicable,
2 shall identify the protected portion(s).

5.3

3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

4 failure to designate qualified information or items does not, standing alone, waive
5 the Designating Party's right to secure protection under this Order for such material.
6 Upon timely correction of a designation, the Receiving Party must make reasonable
7 efforts to assure that the material is treated in accordance with the provisions of this
8 Order.
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10 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1

Timing of Challenges. Any Party or Non-Party may challenge a

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12 designation of confidentiality at any time that is consistent with the Court's
13 Scheduling Order.

6.2

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Meet and Confer. The Challenging Party shall initiate the

15 dispute resolution process under Local Rule 37.1 et seq.

6.3

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The burden of persuasion in any such challenge proceeding shall be

17 on the Designating Party. Frivolous challenges, and those made for an improper
18 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
19 parties) may expose the Challenging Party to sanctions. Unless the Designating
20 Party has waived or withdrawn the confidentiality designation, all parties shall
21 continue to afford the material in question the level of protection to which it is
22 entitled under the Producing Party's designation until the Court rules on the
23 challenge.
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25 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

Basic Principles. A Receiving Party may use Protected Material that

27 is disclosed or produced by another Party or by a Non-Party in connection with
28 this Action only for prosecuting, defending, or attempting to settle this Action.
SM01DOCS\1090900.2

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STIPULATED PROTECTIVE ORDER

1 Such Protected Material may be disclosed only to the categories of persons and
2 under the conditions described in this Order. When the Action has been
3 terminated, a Receiving Party must comply with the provisions of section 13
4 below (FINAL DISPOSITION).
5

Protected Material must be stored and maintained by a Receiving Party at a

6 location and in a secure manner that ensures that access is limited to the persons
7 authorized under this Order.
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7.2

Disclosure of "CONFIDENTIAL" Information or Items. Unless

9 otherwise ordered by the court or permitted in writing by the Designating Party,
10 a Receiving Party may disclose any information or item designated
11 "CONFIDENTIAL" only to:

(a)

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120 Broadway, Suite 300
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the Receiving Party's Outside Counsel of Record in this

13 Action, as well as employees of said Outside Counsel of Record to whom it is
14 reasonably necessary to disclose the information for this Action;

(b)

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the officers, directors, and employees (including House

16 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
17 this Action;

(c)

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Experts (as defined in this Order) of the Receiving Party to

19 whom disclosure is reasonably necessary for this Action and who have signed the
20 "Acknowledgment and Agreement to Be Bound" (Exhibit A);
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(d)

the court and its personnel;

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(e)

court reporters and their staff;

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(f)

professional jury or trial consultants, mock jurors, and

24 Professional Vendors to whom disclosure is reasonably necessary for this Action
25 and who have signed the "Acknowledgment and Agreement to Be Bound"
26 (Exhibit A);
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SM01DOCS\1090900.2

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STIPULATED PROTECTIVE ORDER

(g)

1

the author or recipient of a document containing the

2 information or a custodian or other person who otherwise possessed or knew the
3 information;

(h)

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during their depositions, witnesses ,and attorneys for witnesses,

5 in the Action to whom disclosure is reasonably necessary provided: (1) the
6 deposing party requests that the witness sign the form attached as Exhibit 1 hereto;
7 and (2) they will not be permitted to keep any confidential information unless they
8 sign the "Acknowledgment and Agreement to Be Bound" (Exhibit A), unless
9 otherwise agreed by the Designating Party or ordered by the court. Pages of
10 transcribed deposition testimony or exhibits to depositions that reveal Protected
11 Material may be separately bound by the court reporter and may not be disclosed
Bryan Cave LLP
120 Broadway, Suite 300
Santa Monica, CA 90301

12 to anyone except as permitted under this Stipulated Protective Order; and

(i)

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any mediator or settlement officer, and their supporting

14 personnel, mutually agreed upon by any of the parties engaged in settlement
15 discussions.
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17 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation

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that compels disclosure of any information or items designated in this Action as

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"CONFIDENTIAL," that Party must:

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(a)

promptly notify in writing the Designating Party. Such

23 notification shall include a copy of the subpoena or court order;
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(b)

promptly notify in writing the party who caused the subpoena

25 or order to issue in the other litigation that some or all of the material covered by
26 the subpoena or order is subject to this Protective Order. Such notification shall
27 include a copy of this Stipulated Protective Order; and
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SM01DOCS\1090900.2

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STIPULATED PROTECTIVE ORDER

(c)

1

cooperate with respect to all reasonable procedures sought to

2 be pursued by the Designating Party whose Protected Material may be affected.

If the Designating Party timely seeks a protective order, the Party served

3

4 with the subpoena or court order shall not produce any information designated in
5 this action as "CONFIDENTIAL" before a determination by the court from which
6 the subpoena or order issued, unless the Party has obtained the Designating Party's
7 permission. The Designating Party shall bear the burden and expense of seeking
8 protection in that court of its confidential material and nothing in these provisions
9 should be construed as authorizing or encouraging a Receiving Party in this
10 Action to disobey a lawful directive from another court.
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12 9.

A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION
(a)

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The terms of this Order are applicable to information produced

15 by a Non-Party in this Action and designated as "CONFIDENTIAL." Such
16 information produced by Non-Parties in connection with this litigation is protected
17 by the remedies and relief provided by this Order. Nothing in these provisions
18 should be construed as prohibiting a Non-Party from seeking additional
19 protections.
20

(b)

In the event that a Party is required, by a valid discovery

21 request, to produce a Non-Party's confidential information in its possession, and
22 the Party is subject to an agreement with the Non-Party not to produce the Non23 Party's confidential information, then the Party shall:

(1)

24

promptly notify in writing the Requesting Party and the

25 Non-Party that some or all of the information requested is subject to a
26 confidentiality agreement with a Non-Party;
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STIPULATED PROTECTIVE ORDER

(2)

1

promptly provide the Non-Party with a copy of the

2 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
3 reasonably specific description of the information requested; and

(3)

4

make the information requested available for inspection

5 by the Non-Party, if requested.

(c)

6

If the Non-Party fails to seek a protective order from this court

7 within 14 days of receiving the notice and accompanying information, the
8 Receiving Party may produce the Non-Party's confidential information responsive
9 to the discovery request. If the Non-Party timely seeks a protective order, the
10 Receiving Party shall not produce any information in its possession or control that
11 is subject to the confidentiality agreement with the Non-Party before a
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12 determination by the court. Absent a court order to the contrary, the Non-Party
13 shall bear the burden and expense of seeking protection in this court of its
14 Protected Material.
15
16 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

17

If a Receiving Party learns that, by inadvertence or otherwise, it has

18 disclosed Protected Material to any person or in any circumstance not authorized
19 under this Stipulated Protective Order, the Receiving Party must immediately (a)
20 notify in writing the Designating Party of the unauthorized disclosures, (b) use its
21 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
22 the person or persons to whom unauthorized disclosures were made of all the terms
23 of this Order, and (d) request such person or persons to execute the
24 "Acknowledgment and Agreement to Be Bound" that is attached hereto as Exhibit
25 A.
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STIPULATED PROTECTIVE ORDER

1 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2

PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain

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4

inadvertently produced material is subject to a claim of privilege or other

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protection, the obligations of the Receiving Parties are those set forth in Federal

6

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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whatever procedure may be established in an e-discovery order that provides for

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production without prior privilege review. Pursuant to Federal Rule of Evidence

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502(d) and (e), insofar as the parties reach an agreement on the effect of
disclosure of a communication or information covered by the attorney-client

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privilege or work product protection, the parties may incorporate their agreement

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120 Broadway, Suite 300
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in the stipulated protective order submitted to the court.

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14 12.

MISCELLANEOUS

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12.1 Right to Further Relief. Nothing in this Order abridges the right of

16 any person to seek its modification by the Court in the future.
17

12.2 Right to Assert Other Objections. By stipulating to the entry of this

18 Protective Order no Party waives any right it otherwise would have to object to
19 disclosing or producing any information or item on any ground not addressed in
20 this Stipulated Protective Order. Similarly, no Party waives any right to object on
21 any ground to use in evidence of any of the material covered by this Protective
22 Order.
23

12.3 Filing Protected Material. A Party that seeks to file under seal any

24 Protected Material must comply with Civil Local Rule 79-5. Protected Material
25 may only be filed under seal pursuant to a court order authorizing the sealing of
26 the specific Protected Material at issue. If a Party's request to file Protected
27 Material under seal is denied by the court, then the Receiving Party may file the
28 information in the public record unless otherwise instructed by the court.
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STIPULATED PROTECTIVE ORDER

1 13.

FINAL DISPOSITION

2

After the final disposition of this Action, as defined in paragraph 4, within
60 days of a written request by the Designating Party, each Receiving Party must

4

return all Protected Material to the Producing Party or destroy such material. As

5

used in this subdivision, "all Protected Material" includes all copies, abstracts,

6

compilations, summaries, and any other format reproducing or capturing any of

7

the Protected Material. Whether the Protected Material is returned or destroyed,

8

the Receiving Party must submit a written certification to the Producing Party

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(and, if not the same person or entity, to the Designating Party) by the 60 day

10

deadline that (1) identifies (by category, where appropriate) all the Protected

11

Material that was returned or destroyed and (2)affirms that the Receiving Party

12
Bryan Cave LLP
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Santa Monica, CA 90301

3

has not retained any copies, abstracts, compilations, summaries or any other

13

format reproducing or capturing any of the Protected Material. Notwithstanding

14

this provision, Counsel are entitled to retain an archival copy of all pleadings,

15

motion papers, trial, deposition, and hearing transcripts, legal memoranda,

16

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

17

product, and consultant and expert work product, even if such materials contain

18

Protected Material. Any such archival copies that contain or constitute Protected

19

Material remain subject to this Protective Order as set forth in Section 4

20

(DURATION).

21
22 14.

Any violation of this Order may be punished by any and all appropriate

23 measures including, without limitation, contempt proceedings and/or monetary
24 sanctions.
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STIPULATED PROTECTIVE ORDER

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2
3

DATED: May 11, 2015

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5
6

/s/ David J. Helman
Attorneys for Plaintiff GABINO ALVAREZ
[e-mail]

7
8
9

DATED: May11, 2015

10
11
Bryan Cave LLP
120 Broadway, Suite 300
Santa Monica, CA 90301

12

/s/ Leslier H. Helmer
Attorneys for Defendant WALGREEN CO.
[e-mail]

13
14
15

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

16
17

DATED:

18
19
20
21

__________________________________
Alicia G. Rosenberg
United States District/Magistrate Judge

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STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, ________________ [print or type full name], of ________________ [print

4 or type full address], declare under penalty of perjury that I have read in its entirety
5 and understand the Stipulated Protective Order that was issued by the United States
6 District Court for the Central District of California on [date] in the case of Gabino
7 Alvarez vs. Walgreen Co., et al., Case No. 2:14-cv-09626-SJO-AGR. I agree to comply
8 with and to be bound by all the terms of this Stipulated Protective Order and I
9 understand and acknowledge that failure to so comply could expose me to sanctions
10 and punishment in the nature of contempt. I solemnly promise that I will not disclose
11 in any manner any information or item that is subject to this Stipulated Protective
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12 Order to any person or entity except in strict compliance with the provisions of this
13 Order. I further agree to submit to the jurisdiction of the United States District
14 Court for the Central District of California for the purpose of enforcing the
15 terms of this Stipulated Protective Order, even if such enforcement proceedings
16 occur after termination of this action. I hereby appoint _______________ [print
17 or type full name] of ____________________ [print or type full address and
18 telephone number] as my California agent for service of process in connection with
19 this action or any proceedings related to enforcement of this Stipulated Protective
20 Order.
21 Date:________________________________
22 City and State where sworn and signed:___________________________
23 Printed Name:_________________________
24 Signature:_____________________________
25
26
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STIPULATED PROTECTIVE ORDER