Olivia Velasco v. Cook Group, Inc. et al

Filing 32

ORDER ON STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth. re Stipulation for Protective Order 31 . NOTE CHANGES MADE BY THE COURT. (See Attachment for Further Details) (Attachments: # 1 Stipulation And Agreed Protective Order) (kl)

1 Douglas B. King, Esq. [Bar No. 5199-49]
(admitted Pro Hac Vice)
2
[e-mail]
3 Patricia G. Duret, Esq. [Bar No. 31951-71]
(admitted Pro Hac Vice)
4
[e-mail]
5 WOODEN & McLAUGHLIN LLP
211 North Pennsylvania Street
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One Indiana Square, Suite 1800
7 Indianapolis, IN 46204-4208
Tel: [phone]
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Fax: [phone]
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LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

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Frank J. D'Oro [Bar No. 81832]
[e-mail]
WESIERSKI & ZUREK LLP
1000 Wilshire Boulevard, Suite 1750
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]

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16 Attorneys for Defendant,
COOK GROUP, INC., an Indiana Corporation;
17 COOK MEDICAL, INC., an Indiana Corporation
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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OLIVIA VELASCO ,

Case No.: 2:15-cv-05257-DSF-JPR

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Plaintiff,
v.

District Court Judge: Dale S. Fischer
Courtroom No.: 840

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24 COOK INCORPORATED, an
Indiana Corporation; COOK
25 MEDICAL, LLC., an Indiana
26 Corporation; and DOES 1 through
25, inclusive,
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Defendants.
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STIPULATION AND AGREED
PROTECTIVE ORDER
NOTE CHANGES MADE BY THE
COURT

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STIPULATION AND AGREED PROTECTIVE ORDER

STIPULATION AND AGREED PROTECTIVE ORDER

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Upon agreement of the parties, by and through their counsel of record, in

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order to expedite the flow of discovery materials in this action, and to protect trade

5 secrets or other confidential research, development and commercial information,
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HEREBY STIPULATE as follows:

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1.

At such time as Defendants Cook Medical, LLC (“CML” and f/k/a

9 “Cook Medical Incorporated” ) and Cook Incorporated (“CI”) (sometimes
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collectively “Cook Defendants”) produce to counsel for any party hereto any

LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

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12 documents or data compilations that in any way contain any information constituting
13 a trade secret or confidential or proprietary business information and otherwise
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qualifying to be subject to a protective order that the information not be revealed or

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16 be revealed only in a specified way in accordance with Fed. R. Civ. Pro. 26(c)(1)(G)
17 and applicable precedent (“Confidential Documents”), Cook Defendants may stamp,
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mark, or designate those documents and/or things “Confidential: Subject to

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20 Protective Order”; “Company Confidential.” Additionally, at any time during any
21 deposition taken in this matter, counsel for Cook Defendants may note on the record
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that the portion of the testimony relating to the confidential document is

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24 “Confidential,” reflecting that the use and distribution of the testimony or deposition
25 transcript, including the exhibits, are subject to this Agreed Protective Order
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(“Order”) and shall be treated as a Confidential Document. The parties must not
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28 simply stamp an entire document as “confidential” but must take care to designate
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STIPULATION AND AGREED PROTECTIVE ORDER

1 only those portions of documents that are confidential as such, by stamping each
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page containing confidential material “confidential.” If a party wants to challenge

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the designation of a document as ‘Confidential’, the challenging party shall first

5 notify the producing party in order to allow the parties to meet and confer to resolve
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any issues relating to the designation. If after ten (10) business days from the date of

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the notification the parties are unable to resolve their differences, the challenging

9 party may bring the matter before the Court for a ruling on whether the document
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deserves ‘Confidential’ status by filing a “Notice of Challenge of Confidential

LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

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12 Designation.” The producing party shall then file a motion with the Court within ten
13 (10) days justifying why the document(s) should be protected from public disclosure.
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The challenging party shall then have ten (10) days with which to file a response.

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16 Any such motions must be filed in accordance with Local Rule 37-1 and 37-2,
17 including the joint stipulation provision. During this time the document shall
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continue to be treated as Confidential until such a time that the Court rules otherwise.

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2.

The parties to this action agree that all such designated documents,

21 information, testimony and/or things, and the information contained therein, shall be
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treated as Confidential in accordance with the terms of this Order.

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3.

Except with the prior written consent of counsel for Cook Defendants,

25 Confidential Documents may be shown or disclosed only to the following persons
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(hereinafter referred to as a “Qualified Person”):
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a.
The parties to this action and/or employees or agents of Cook
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STIPULATION AND AGREED PROTECTIVE ORDER

Defendants;

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b.

Counsel for the respective parties to this action;

c.

Employees of such counsel assigned to assist such counsel in the

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preparation of this action, including administrative staff and technical

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support;

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d.

Independent experts and consultants retained by a party whose

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assistance is deemed necessary by such party’s counsel for the

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prosecution of this action, and employees of such experts and

LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

11
consultants necessary to assist such persons in performing their duties;

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e.

Any and all court reporters, staff, and/or videographers utilized in

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depositions conducted in this case;

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f.

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This Court and its administrative personnel or any Court asked to
enforce this

g.

Order;

A non-party witness who agrees to be bound by this Order pursuant to

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paragraph 4; and

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h.

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Any person who is not a competitor of Cook Defendants or who does not
have a connection from a business perspective with a competitor of Cook

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Defendants, including as an employee or consultant, can be considered a

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Qualified Person.

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4.

With the exception of the Court, all Qualified Persons shall be bound

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28 by this Order if they agree to be bound. Once a Qualified Person agrees, he or she
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STIPULATION AND AGREED PROTECTIVE ORDER

1 will be provided a copy of the Order and must agree to be bound by it by signing the
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“Acknowledgment of Agreed Protective Order” made a part hereof by reference and

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attached hereto as Exhibit A or by affirmation under oath.

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a. Counsel for the respective parties agree to provide any witness a
copy of Exhibit A and obtain an executed copy of the same prior to the
witness’s testimony. In the event a witness refuses to sign Exhibit A
and therefore does not agree to be bound by this Order, the parties shall
meet and confer concerning how to proceed, including but not limited
to, determining whether the confidential information counsel wishes to
present may be presented in another manner and if necessary, arranging
a telephonic conference with the Court to resolve the issue.

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LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

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5.

Except as otherwise provided by this Order or directed by the Court,

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14 the parties are prohibited from distributing, showing, disseminating, discussing,
15 corresponding about, or providing photocopies, duplicates, reproductions, abstracts,
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lists or summaries of any designated Confidential Documents and/or things to any

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18 person or entity that is not a “Qualified Person.” Moreover, the parties shall not
19 disclose the title, heading or contents or any Confidential Documents and/or things to
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any person or entity that is not a “Qualified Person.” Confidential Documents shall

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22 not be published via any medium, including but not limited to the internet.
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6.

None of the documents or materials produced subject to this Order shall

be used by or for the benefit of the party to whom it is produced, or by or for the

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26 benefit of any person to whom it is revealed, disclosed, or described pursuant to
27 Section 3, subparagraphs a-g above, for any purpose other than the litigation of this
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1 action, except as may be permitted by the provisions of this Order.
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In the event that any designated Confidential Document(s) or thing(s), or the

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information contained therein, is to be included with, or part of the contents thereof

5 are in any way to be disclosed in, any pleading, motion, deposition, or other paper to
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be filed with the Court, such documents shall be filed under seal with a motion to the

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Court in accordance with L.R. 79-5.2.2, asking that such documents remain filed

9 under seal.
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Any deposition transcript or exhibit that includes Confidential Documents or

LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

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12 Confidential information shall be subject to the terms and provisions of this Order.
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7.

Documents containing trade secrets or other confidential research,

development or commercial information which provide a party an advantage over

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16 competitors by virtue of the information, process, or strategy identified therein may
17 be designated as Confidential Documents, in accordance with decisions of California
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Courts interpreting Fed. R. Civ. P. 26(c) to permit California trial courts the authority

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20 to order disclosure of documents “in a specified way.”
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8.

During the trial of any case, if any party seeks to introduce into

evidence documents which are subject to this Order, Cook Defendants may make the

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24 appropriate request of the Court to protect against the dissemination of such trade
25 secret or commercially confidential documents.
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9.
Inadvertent disclosure does not constitute a waiver of the terms and
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28 provisions of this Order. In the event of inadvertent disclosure of any documents or
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1 data compilations that in any way contain any information constituting a trade secret
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or confidential or proprietary business information Cook Defendants may assert that

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the documents produced are Confidential Documents or contain Confidential

5 information and should immediately be stamped, marked, or designated as
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“Confidential: Subject to Protective Order”; “Company Confidential” or some

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similar notation and treated by all parties as such. In order to assert this right, Cook

9 Defendants must within 10 days of discovering the inadvertent disclosure serve
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written notice on all parties. The notice shall specify with particularity the

LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

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12 documents which should be treat as subject to the terms of this Order and the dates
13 on which the inadvertent disclosure was made and discovered.
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10.

All Confidential Documents and/or things subject to the Order shall be

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16 destroyed or returned to counsel for Cook Defendants within thirty days after the
17 termination of this litigation (including appeals), whether by dismissal, judgment,
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settlement, or otherwise. This paragraph shall require the return or destruction of all

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20 photocopies, duplicates, or reproductions of Confidential Documents and/or the
21 destruction of any memos, summaries or partial copies that have been furnished to or
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made by the parties’ attorneys and experts or other “Qualified Persons.” Counsel for

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24 Cook Defendants shall also require the return or destruction of all Confidential
25 Documents transmitted or stored electronically. If Confidential Documents are
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stored electronically on a computer hard drive or a similar electronic storage device,
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28 they shall be permanently deleted. In the event documents are destroyed, counsel for
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STIPULATION AND AGREED PROTECTIVE ORDER

1 any party hereto that received Confidential Documents shall provide counsel for
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Cook Defendants with a document certifying that Confidential Documents have been

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destroyed.
11.

After termination of this litigation, the provisions of the Order shall

continue to be binding.

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12.

This Court shall retain jurisdiction over the parties, their attorneys and

9 experts for enforcement of the provisions of this Order until the termination of this
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litigation.

LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

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13.

This Order shall be binding upon the parties hereto, upon their

13 attorneys, and upon the parties’ and their attorney’s successors, executors, personal
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representatives, and administrators, heirs, legal representatives, assigns, subsidiaries,

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16 divisions, employees, agents, independent contractors, or other persons or
17 organizations over which they have control.
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14.

This Order is without prejudice to the right of any party to seek a

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20 modification hereof. Nothing contained herein shall be deemed to have the effect of
21 an admission or waiver by any party or of altering the confidentiality or non22

confidentiality of any document or information. Either party shall have the right to

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24 oppose the production of any information for any proper reason.
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15.

Nothing herein shall be construed to keep a party or parties from

maintaining all deposition transcripts, documents or materials which have been

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28 designated as Confidential in his/her or its possession during the pendency of this
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1 suit, provided that such party or attorney maintains the confidentiality as set forth in
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this Order.

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The signature of counsel below constitutes their agreement, on behalf of

5 themselves, their law firms and the parties they represent, to be bound by the terms
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of this Order.

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SO STIPULATED.

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LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

11 AGREED TO:
12

Date: June 17, 2016

By: /s/ Douglas B. King

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Douglas B. King, #5199-49 (PHV)
Patricia G. Duret, Indiana Bar #3195171 (PHV)
Admission Pro Hac Vice Pending
WOODEN & MCLAUGHLIN LLP
One Indiana Square, Suite 1800
Indianapolis, IN 46204-4208
Tel: [phone]
Fax: [phone]
Email:
[e-mail]
Email:
[e-mail]
Counsel for Defendant Cook Medical,
LLC and Cook Incorporated.

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1 Date: June 17, 2016

By: /s/ Chris Gaspard

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Joel W. Baruch, SBNA 85903
Christopher L. Gaspard, SBN 275763
Corey A. Hall, SBN 295470
LAW OFFICES OF JOEL W. BARUCH
2020 Main Street, Suite 900
Irvine, CA 92614
Telephone : [phone]
Facsimile: (949) 85 1-3 185
Attorneys for Plaintiff,
Olivia Velasco

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LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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OLIVIA VELASCO,

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Plaintiff,
vs.

LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

6

)
)
) Case No. 2:15-cv-05257-DSF-JPR
)
)
)
)
)
)
)
)
)

COOK INCORPORATED, an
7 Indiana Corporation; COOK
MEDICAL,LLC, an Indiana
8 Corporation; and DOES 1 through
25, inclusive,
9
Defendants.
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ACKNOWLEDGEMENT OF AGREED PROTECTIVE ORDER
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I, _______________________________, am a “Qualified Person” as defined
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13 in Paragraph No. 3 of the Agreed Protective Order which was created for and
14 captioned under the above-captioned matter. I have been provided a copy of the
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Agreed Protective Order and have read and fully understand the meaning and intent
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17 of same.
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On my oath, I hereby acknowledge that I will be receiving Confidential

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Documents pursuant to and as defined in paragraph 1 of that Agreed Protective

21 Order. I further acknowledge that I am not a competitor of Cook Medical, LLC
22 and/or Cook Incorporated or employed by a competitor of Cook Medical, LLC
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and/or Cook Incorporated. I have been given a copy of, and have read and
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25 understand, the Agreed Protective Order and I represent that I am entitled to receive
26 such Confidential Documents pursuant thereto. I understand that: (a) Confidential
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Documents and any copies thereof are confidential information to remain in my
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1 personal custody until I have completed my assigned duties, whereupon they are to
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be returned to counsel who provided me with such confidential information; (b) no

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disclosure or use of such Confidential Documents shall be made or permitted for

5 commercial business or competitive reasons, and Confidential Documents shall not
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be published via any medium, including but not limited to the internet; and (c) I am

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submitting to the jurisdiction of this Court for purposes of enforcement of that

9 Agreed Protective Order. I further agree to notify the stenographic or clerical
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personnel who are required to assist me of the terms of the Agreed Protective Order.

LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

11
12 I also agree not to disseminate any information to anyone, or make disclosure or use
13 of any such information, except for purposes of the above-referenced proceeding or
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as permitted by the Agreed Protective Order or by further order of the Court.

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SIGNED this _____ day of ____, 2016.

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__________________________________

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PROOF OF SERVICE

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2 STATE OF CALIFORNIA, COUNTY OF ORANGE
At the time of service, I was over 18 years of age and not a party to this
action. I am employed in the County of Orange, State of California. My business
4 address is One Corporate Park, Suite 200, Irvine, CA 92606.
3

On June 17, 2016, I served true copies of the following document(s)
described as STIPULATION AND AGREED PROTECTIVE ORDER on the
6 interested parties in this action as follows:
5

7 Joel W Baruch
Corey Alexander Hall
8 Law Offices of Joel W. Baruch
2020 Main St Ste 900
9 Irvine, CA 92614

Attorney for Plaintiff

BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed
the document(s) with the Clerk of the Court by using the CM/ECF system.
11 Participants in the case who are registered CM/ECF users will be served by the
CM/ECF system. Participants in the case who are not registered CM/ECF users will
12 be served by mail or by other means permitted by the court rules.

LAWYERS

ONE CORPORATE PARK, SUITE 200
IRVINE, CALIFORNIA 92606
[phone]

WESIERSKI & ZUREK LLP

10

I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct and that I am employed in the office
14 of a member of the bar of this Court at whose direction the service was made.
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Executed on June 17, 2016, at Irvine, California.

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/s/
Jennifer Purcell

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