David Walker et al v. Brink's Global Services USA, Inc. et al

Filing 20

PROTECTIVE ORDER ENTERED by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order 19 . (See Order for details) (rh)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DAVID WALKER, RICHARD
BRENNAN, PHILLIP ASHBURN,
RICHARD MORGAN, JOSE ABREGO,
DANIEL DEHART, GARY PERRINE,
MARTY CALHOUN, GREGORY
HARRIS, ALLEN WINTERS, ERNESTO
HERNANDEZ, DREW ROBERTS,
DONALD NICHOLS, BRADLEY
ROWLETT, GUILLERMO LOPEZ,
DARIO RAMIREZ, JEFFREY BOWEN,
AARON ODOM, JULIO ITURRIAGA,
RALPH BLASENGYM, JOSE FLORES,
BRYAN MCLEAN, CARLOS RIOS,
PAUL QUINTANA, ALAN GONZALEZ,
EDWARD HERNANDEZ, YURAN
AGUILAR, ALDO ALARCON, JAMEL
ABU-SALEH, WALLACE DESBROW,
JR., MAURICE BROOKS, and EDWARD
GREGORY, individuals, on behalf of
themselves and on behalf of all persons
similarly situated,
Plaintiffs,
v.
BRINK’S GLOBAL SERVICES USA,
INC., a Corporation; BRINK’S
DIAMOND AND JEWELRY SERVICES
INC., a Corporation; BRINKS
INCORPORATED; and Does 1 through
50, Inclusive,
Defendants.

Case No. CV 15-08833-GW (KSx)
PROTECTIVE ORDER ENTERED
PURSUANT TO THE
STIPULATION OF THE PARTIES
Complaint Filed:
Trial Date:
Judge:
Magistrate Judge:

November 19, 2014
None
Hon. George H. Wu
Hon. Karen L.
Stevenson

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Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based
on the parties’ Stipulation for Protective Order (“Stipulation”) filed on
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Case No. CV 15-08833-GW (KSx)

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December 16, 2015, the terms of the protective order to which the parties have

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agreed are adopted as a protective order of this Court (which generally shall

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govern the pretrial phase of this action) except to the extent, as set forth below,

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that those terms have been modified by the Court’s amendment of paragraphs

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3.1, 5.2(b), 6.2(b), 6.2(c), 6.3, 10.1, and 11 of the Stipulation.

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AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED
AND MODIFIED BY THE COURT1

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1.

A. PURPOSES AND LIMITATIONS

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

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proprietary, or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may be

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warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter

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the following Stipulated Protective Order. The parties acknowledge that this Order

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does not confer blanket protections on all disclosures or responses to discovery and

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that the protection it affords from public disclosure and use extends only to the

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limited information or items that are entitled to confidential treatment under the

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applicable legal principles. The parties further acknowledge, as set forth in Section

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12.3, below, that this Stipulated Protective Order does not entitle them to file

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confidential information under seal; Civil Local Rule 79-5 sets forth the procedures

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that must be followed and the standards that will be applied when a party seeks

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permission from the court to file material under seal.

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B. GOOD CAUSE STATEMENT

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Good cause exists to protect the good faith designation of each of the

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categories of documents identified above, as prejudice or harm to Plaintiff and

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Defendants (collectively, the “Parties”) and/or to one or more third parties may result

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The Court’s additions to the agreed terms of the Protective Order are generally indicated in bold
typeface, and the Court’s deletions are indicated by lines through the text being deleted.

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Case No. CV 15-08833-GW (KSx)

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if no protective order is granted. In particular, Defendants’ employees’ safety could

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be jeopardized, business competitors of Defendants could obtain an unfair

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advantage, Defendants could be economically prejudiced, customers of Defendants

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could be economically prejudiced, and the privacy rights of Defendants’ current

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and/or former employees could be violated if any of the confidential information

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identified above is published for purposes outside those permitted in this Stipulated

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Protective Order, including Plaintiffs. In particular, the information subject to this

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protective order includes: (1) confidential security information, including

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information related to the health and safety of Defendants’ employees; (2)

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proprietary procedures, manuals, and policies; (3) proprietary and confidential

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operations information, including agreements or specifications; (4) internal business

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or financial information; (5) confidential scientific and technical designs,

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formulations, and information; (6) the personnel files of current and/or former

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nonparty employees of one or more of the defendant entities; (7) documents related

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to individuals who worked for one or more of the defendant entities; (8) the private

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information of current and/or former employees of one or more of the defendant

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entities; (9) the private information of individuals who worked for one or more of the

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defendant entities, including, but not limited to, members of the putative classes

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defined in this action; (10) any other similar proprietary, confidential, and/or private

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information; and (11) any trade secrets. The Parties seek to avoid undue economic

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harm to the Parties and/or to third parties resulting from complying with their

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discovery obligations. The purpose of this Stipulated Protective Order is to protect

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any legitimately designated confidential business, employee, and privacy-protected

24 information to be produced in this action from public disclosure.
25 2.

DEFINITIONS

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Unless otherwise specified, the terms listed below have the following

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meanings as used throughout this Stipulated Protective Order:
2.1 Action: This pending federal law suit.
2.2 Challenging Party: a Party or Non-Party that challenges the designation
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of information or items under this Order.

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2.3

The terms “Acknowledgment And Agreement To Be Bound,”

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“Certification,” and “Certifications” mean and refer to the document which is

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entitled, “Acknowledgment And Agreement To Be Bound,” and which has been

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attached as Exhibit A to this Stipulated Protective Order.

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2.4 The terms “Confidential,” “Confidential Information,” and “Confidential

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Items” mean information (regardless of how generated, stored, or maintained)

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and/or tangible things whose disclosure may result in prejudice or harm to one or

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more of the Parties and/or to one or more third parties absent protection under this

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Stipulated Protective Order, such as: (1) Defendants’ proprietary procedures,

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manuals, and policies; (2) Defendants’ internal business or financial information;

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(3) the personnel files of current and/or former nonparty employees of one or

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more of the defendant entities; (4) documents related to individuals who worked

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for one or more of the defendant entities; (5) the private information of current

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and/or former employees of one or more of the defendant entities; and (6) the

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private information of individuals who worked for one or more of the defendant

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entities, including, but not limited to, members of the putative classes defined in

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this action.

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2.5 The term “Counsel,” without any qualifier, means Outside Counsel and House

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Counsel (as well as their respective support staffs).

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2.6 The term “Designating Party” means a Party or nonparty that designates

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information and/or items that it produces in responses to discovery in this

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matter as “Confidential” and/or “Highly Confidential – Attorneys’ Eyes

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Only.”

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2.7 The terms “Disclose,” “Disclosed,” and “Disclosure” mean to reveal, divulge,

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give, or make available any items, information, and/or materials, or any part

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thereof, or any information contained therein.

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2.8 The term “Discovery Material” means all items or information, regardless of
the medium or manner generated, stored, or maintained (including, among
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other things, testimony, transcripts, and/or tangible things) that are produced

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or generated in disclosures or responses to discovery in this matter.

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2.9 The term “Expert” means any person(s) with specialized knowledge and/or

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experience in a matter pertinent to the litigation who has been retained by a

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Party or Counsel to serve as an expert witness or as a consultant in this action

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and who is not a current and/or former employee of an adverse Party. This

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definition includes a professional jury or trial consultant retained in

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connection with this litigation.

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2.10

The terms “Highly Confidential – Attorneys’ Eyes Only,” “Highly

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Confidential – Attorneys’ Eyes Only Information,” and “Highly Confidential

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– Attorneys’ Eyes Only Items” mean extremely sensitive Confidential

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Information and/or Confidential Items whose Disclosure to another Party or to

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a nonparty would create a substantial risk of serious injury that could not be

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avoided by less restrictive means, such as: (1) Defendants’ confidential

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security information, including information related to the health and safety of

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Defendants’ employees; (2) Defendants’ proprietary and confidential

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operations

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Defendants’ confidential scientific and technical designs, formulations, and

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information; and (4) Defendants’ trade secrets.

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2.11

information,

including

agreements

or

specifications;

(3)

The term “House Counsel” means attorneys who are employees of a

Party to this action.
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The term “Outside Counsel” means attorneys who are not employees of

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any Party but who are and/or have been retained to represent and/or advise

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one or more Parties in this action.

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2.13

The terms “Party” and “Parties” mean any and all parties to this action,

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including, but not limited to, any and all officers, directors, employees,

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consultants, retained experts, and outside counsel (and their support staff) of

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any party to this action.
2.14

The term “Private Material” means any document or other Discovery
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Material that contains the names, addresses, and/or other contact information

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of any current and/or former employee(s) of one or more of the defendant

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entities.

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2.15

The term “Producing Party” means a Party or nonparty that produces

Discovery Material in this action.
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The term “Professional Vendors” means persons and/or entities that

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provide litigation support services (e.g., photocopying; videotaping;

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translating; preparing exhibits or demonstrations; organizing, storing, and/or

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retrieving data in any form or medium; etc.) and their respective employees

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and/or subcontractors.
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The terms “Protected Material” and “Protected Materials” mean any

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Discovery Material that is designated by any Party as “Confidential” or

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“Highly Confidential – Attorneys’ Eyes Only,” or that contains any Private

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Material.

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2.18

The term “Receiving Party” means a Party that receives Discovery

Material from a Producing Party.
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The terms “Stipulated Protective Order” and “Order” mean and refer to

the document captioned “Stipulated Protective Order Of The Parties.”
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The Parties expressly agree that the term “trade secrets” shall mean and

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refer to any information – including any formula, pattern, compilation, program,

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device, method, technique, or process – that: (a) derives independent economic

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value, actual or potential, from not being generally known to the public or to other

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persons who can obtain economic value from its Disclosure or use; and (b) is the

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subject of efforts that are reasonable under the circumstances to maintain its secrecy,

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and shall be interpreted in accordance with the definition of that term in Section

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3426.1, subsection (d), of the California Civil Code.

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3. SCOPE

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3.1.

Covered Materials.

The protections conferred by this Stipulated

Protective Order cover not only Protected Material (as defined above), but also any
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information copied or extracted therefrom, as well as all copies, excerpts, summaries,

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and/or compilations thereof, plus testimony, conversations, and/or presentations by

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Parties and/or Counsel to or in court and/or in other settings that actually reveal

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Protected Material.

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Except as otherwise provided in Paragraph 11, below, Protected Material used

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at trial will become public absent a separate court order upon written motion and

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sufficient cause shown. Any Party that intends to use Protected Material at trial will

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provide sufficient notice of the use of Protected Material, identifying the Protected

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Material with specificity, within sufficient time for the other Party to seek, via

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regular motion practice, a court order, or as required by court rules. Sufficient notice

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shall be not less than ten (10) calendar days prior to the time by which a motion to

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protect Protected Material must be filed, or as required by court rules.
3.2.

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Covered Parties. After this Stipulated Protective Order has been signed

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by Counsel for the Parties, it shall be presented it to the Court for entry. All Parties

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who, through their Counsel, have executed this Stipulated Protective Order as of the

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time it is presented to the Court for signature shall be bound by all terms and

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provisions set forth herein.

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Protective Order as of the time it is presented to the Court for signature may

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thereafter become a party to this Order, and shall thereafter be bound by all terms

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and provisions set forth herein, when Counsel for that Party (a) signs and dates a

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copy of this Order, and files the same with the Court; and (b) serves copies of such

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signed, dated, and filed Order on all other Parties.

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4.

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Any Party who has not executed this Stipulated

DURATION
4.1.

Duration Of Confidentiality Obligations.

Even after the final

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disposition of this litigation, the confidentiality obligations imposed by this Order

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shall remain in effect until a Designating Party agrees otherwise, in writing, or a

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court order otherwise directs. Final disposition shall be deemed to be the later of (1)

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dismissal of all claims and defenses in this Action, with or without prejudice; and (2)
final judgment herein after the completion and exhaustion of all appeals, rehearings,
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remands, trials, or reviews of this Action, including the time limits for filing any

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motions or applications for extension of time pursuant to applicable law.
4.2.

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Retention Of Jurisdiction. To the extent permitted by law, the Court

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shall at all times retain jurisdiction to enforce, modify, and/or reconsider the terms

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and provisions of this Stipulated Protective Order, even after the termination of this

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litigation.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1.

Exercise Of Restraint And Care In Designating Material For Protection.

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Each Party and/or nonparty that designates information or items for protection under

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this Stipulated Protective Order must take care to limit any such designation to

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specific material that qualifies under the appropriate standards. A Designating Party

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13 items, and/or oral or written communications that qualify – so that other portions of
14 the material, documents, items, and/or communications for which protection is not
15 warranted are not swept unjustifiably within the ambit of this Order.

Mass,

16 indiscriminate, and/or routinized designations are prohibited. Designations that are
17 shown to be clearly unjustified, and/or that have been made for an improper purpose
18 (e.g., to unnecessarily encumber and/or retard the case development process, or to
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impose unnecessary expenses and burdens on other Parties), will expose the

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Designating Party to sanctions. If it comes to a Party’s or a nonparty’s attention that

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information and/or items that it previously designated for protection do not qualify

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for protection at all, or do not qualify for the level of protection initially asserted, that

23 Party or nonparty must promptly notify all other Parties that it is withdrawing the
24 mistaken designation.
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5.2.

Manner And Timing Of Designations. Except as otherwise provided in

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this Order (see, e.g., Paragraph 5.2(a)(ii)), or as otherwise stipulated or ordered,

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material that qualifies for protection under this Order must be clearly so designated

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before the material is Disclosed or produced. Designation in conformity with this
Order requires:
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(a)

For information in documentary form (apart from transcripts of

depositions or other pretrial or trial proceedings):
i.

That the Producing Party affix the legend “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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conspicuously on each page that contains Protected Material. If

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only a portion or portions of the material on a page qualifies for

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protection, the Producing Party also must clearly identify the

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protected portion(s) (e.g., by making appropriate markings in the

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margins) and must specify, for each portion, the level of

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protection being asserted (either “Confidential” or “Highly

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Confidential – Attorneys’ Eyes Only”).

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ii.

Any Party and/or nonparty that makes original documents or

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materials available for inspection need not designate them for

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protection until after the inspecting Party has indicated which

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material it would like copied and produced.

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inspection and before the designation, all of the material made

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available for inspection shall be deemed “Confidential.” After

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the inspecting Party has identified the documents it wants copied

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and produced, the Producing Party must determine which

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documents, or portions thereof, qualify for protection under this

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Order, then, before producing the specified documents, the

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Producing

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(“CONFIDENTIAL”

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ATTORNEYS’ EYES ONLY”) conspicuously on each page that

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contains Protected Material. If only a portion or portions of the

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material on a page qualifies for protection, the Producing Party

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also must clearly identify the protected portion(s) (e.g., by

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making appropriate markings in the margins) and must specify,

Party

must
or

affix

the

“HIGHLY

During the

appropriate

legend

CONFIDENTIAL

–

for each portion, the level of protection being asserted (either
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“Confidential” or “Highly Confidential – Attorneys’ Eyes Only”).

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(b)

For testimony given in deposition and/or in other pretrial

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proceedings, that the Designating Party – or, if the Designating Party is not

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present, the Party or nonparty offering or sponsoring the testimony – identify,

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on the record, before the close of the deposition, hearing, and/or other

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proceeding, all protected testimony, and further specify any portions of the

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testimony that qualify as “Confidential” or “Highly Confidential – Attorneys’

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Eyes Only.” When it is impractical to identify separately each portion of

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testimony that is entitled to protection, and when it appears that substantial

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portions of the testimony may qualify for protection, any Party may invoke, on

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the record, and before the deposition, hearing, and/or other proceeding is

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concluded, a right to have a reasonable time period of up to twenty (20)

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calendar days to identify the specific portions of the testimony as to which

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protection is sought and to specify the level of protection being asserted

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(“Confidential” or “Highly Confidential – Attorneys’ Eyes Only”).

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those portions of the testimony that are appropriately designated for protection

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within the reasonable time period of up to twenty (20) calendar days shall be

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covered by the provisions of this Stipulated Protective Order.

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transcribed deposition testimony and/or exhibits to depositions that reveal

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and/or contain Protected Material must be separately bound by the court

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reporter, who must affix conspicuously on each page that contains Protected

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Material the legend “CONFIDENTIAL” and/or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY,” as instructed by the Party.

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(c)

Only

Pages of

For information produced in some form other than documentary,

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and for any other tangible items, that the Producing Party affix, in a prominent

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place on the exterior of the container(s) in which the information and/or item

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is stored, the legend “CONFIDENTIAL” and/or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY.” If only portions of the information and/or
items warrant protection, the Producing Party shall, to the extent practicable,
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identify the protected portions, specifying whether they qualify as

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“Confidential” and/or as “Highly Confidential – Attorneys’ Eyes Only.”

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5.3.

Inadvertent Failures To Designate. If timely corrected, an inadvertent

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failure to designate qualified information and/or items as “Confidential” and/or

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“Highly Confidential – Attorneys’ Eyes Only” does not, standing alone, waive the

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Designating Party’s right to secure protection under this Order for such material. If

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material is appropriately designated as “Confidential” and/or “Highly Confidential –

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Attorneys’ Eyes Only” after the material was initially produced, the Receiving Party,

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on timely notification of the designation, must make reasonable efforts to assure that

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the material is treated in accordance with the provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1.

Timing Of Challenges. Unless a prompt challenge to a Designating

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Party’s confidentiality designation is necessary to avoid foreseeable substantial

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unfairness, unnecessary economic burdens, and/or a later significant disruption

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and/or delay of the litigation, a Party does not waive its right to challenge a

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confidentiality designation by electing not to mount a challenge promptly after the

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original designation is Disclosed.

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6.2.

Meet And Confer.
(a)

A Party that elects to initiate a challenge to a Designating Party’s

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confidentiality designation must do so in good faith and must begin the

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process by conferring directly (in voice-to-voice dialogue or in writing, by e-

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mail or U.S. Mail) with Counsel for the Designating Party.

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(b)

For any designation of “Highly Confidential – Attorneys’ Eyes

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Only,” the Designating Party shall, within five (5) court days following a

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written request, provide the Party challenging the designation with a written

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statement supporting its contention as to why Disclosure to another Party or

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nonparty would create a substantial risk of serious injury that could not be

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avoided by less restrictive means, including a designation as “Confidential.”
If such a statement is not timely provided, the material will be automatically
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reclassified as “Confidential.”
(c)

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In

conferring

regarding

“Confidential”

designations,

the

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Designating Party must explain, in writing, within ten (10) calendar days

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following a written request to justify a designation, the basis for its belief that

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the confidentiality designation was proper and/or whether it will reconsider the

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circumstances and change the designation. A challenging Party may proceed

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to the next stage of the challenge process only if it has first engaged in this

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meet-and-confer process.

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Paragraph, to the extent they are not duplicative, shall be in addition to the

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meet-and-confer requirements described in Rule 37-1 of the Central District of

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California Local Civil Rules.

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6.3.

The meet-and-confer requirements of this

Judicial Intervention. A Party that elects to press a challenge to a

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confidentiality designation after considering the justification offered by the

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Designating Party may file and serve a motion that, consistent with the requirements

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of Paragraph 10 of this Stipulated Protective Order, identifies the challenged material

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and sets forth, in detail, the basis for the challenge. The filing of any such motion

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must be in the form of include a Joint Stipulation that complies with the

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requirements of Rule 37-2 of the Central District of California Local Civil Rules.

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Each such Joint Stipulation must be accompanied by a competent declaration that

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affirms that the movant has complied with the meet-and-confer requirements

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described in Paragraph 6.2, above, and that sets forth, with specificity, the lack of

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justification for the confidentiality designation that was given by the Designating

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Party in the meet-and-confer dialogue, or the basis for disputing the designation.

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The burden of persuasion in any such challenge proceeding shall be on the

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Designating Party.

Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Until the court rules on

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the challenge, all Parties and nonparties shall continue to afford the material in
question the level of protection to which it is entitled under the Designating Party’s
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designation.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1.

Basic Principles.
(a)

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Each Receiving Party may use Protected Material that is

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Disclosed or produced by another Party or by a nonparty in connection with

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this case only for prosecuting, defending, or attempting to settle this litigation,

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and not for any business purposes or in connection with any other litigation.
(b)

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categories of persons and under the conditions described in this Order.
(c)

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Protected Material may be Disclosed and/or produced only to the

When the litigation has been terminated, each Receiving Party

must comply with the provisions of Paragraph 12, below.
(d)

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Protected Material must be stored and maintained by each

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Receiving Party at a location and in a secure manner that ensures that access is

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limited to the persons authorized under this Order.
(e)

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As detailed below, the Court and its personnel are not subject to

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this Stipulated Protective Order.

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7.2.

Disclosure Of Confidential Information And/Or Confidential Items.

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Unless otherwise ordered by the Court or permitted in writing by the Designating

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Party, a Receiving Party may Disclose any information, document, and/or item that

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has been designated “Confidential” only to:

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(a)

The Receiving Party’s Outside Counsel of record in this action, as

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well as employees of said Outside Counsel to whom it is reasonably necessary

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to Disclose the information, document, and/or item for this litigation;

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(b)

The officers, directors, and employees (including, but not limited

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to, House Counsel) of the Receiving Party to whom Disclosure is reasonably

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necessary for this litigation and who have signed the Acknowledgment And

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Agreement To Be Bound;

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(c)

The officers, directors, and managers of the Designating Party

(excluding, to the extent applicable, any members of the putative class(es)
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defined in this action, and, if one or more classes is certified, all members of

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such class(es)) during direct- or cross-examination during a deposition, to

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whom Disclosure is reasonably necessary for this litigation;
(d)

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Experts of the Receiving Party to whom Disclosure is reasonably

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necessary for this litigation and who have signed the Acknowledgment And

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Agreement To Be Bound;

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(e)

The Court and its personnel;

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(f)

Court reporters (other than those court reporters employed by the

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Court), their staffs, and Professional Vendors to whom Disclosure is

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reasonably necessary for this litigation and who have been informed that the

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information, document, and/or item is subject to a protective order and must

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remain confidential;
(g)

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Any deposition, trial, and/or hearing witness who previously had

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access to the information, document, and/or item that has been designated

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“Confidential” to whom Disclosure is reasonably necessary for this litigation

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and who have signed the Acknowledgment And Agreement To Be Bound;
(h)

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Any person who is currently or was previously an officer,

18

director, partner, member, employee, or agent of an entity that previously had

19

access to the information, document, and/or item that has been designated

20

“Confidential” to whom Disclosure is reasonably necessary for this litigation;
(i)

21

Provided that the Parties have agreed to the Disclosure in writing,

22

or the Court has ordered the Disclosure, potential witnesses in the action to

23

whom Disclosure is reasonably necessary and who have signed the

24

Acknowledgment And Agreement To Be Bound;
(j)

25

Provided that the Parties have agreed to the Disclosure in writing,

26

or the Court has ordered the Disclosure, putative class members in the action

27

to whom Disclosure is reasonably necessary and who have signed the

28

Acknowledgment And Agreement To Be Bound; and
7.3.

Disclosure Of Highly Confidential – Attorneys’ Eyes Only Information
14
Case No. CV 15-08833-GW (KSx)

1

And/Or Highly Confidential – Attorneys’ Eyes Only Items. As detailed below, the

2

Court and its personnel are not subject to this Stipulated Protective Order. Unless

3 otherwise ordered by the Court or permitted in writing by the Designating Party, a
4 Receiving Party may Disclose any information, document, and/or item designated
5 “Highly Confidential – Attorneys’ Eyes Only” only to:

(a)

6

The Receiving Party’s Counsel of record in this action, as well as

7

employees of said Counsel to whom it is reasonably necessary to Disclose the

8

information for this litigation and who have signed the Acknowledgment And

9

Agreement To Be Bound;
(b)

10

The officers, directors, and managers of the Designating Party

11

during direct- or cross-examination during a deposition or at trial, to whom

12

Disclosure is reasonably necessary for this litigation;
(c)

13

Experts to whom Disclosure is reasonably necessary for this

14

litigation, and who have signed the Acknowledgment And Agreement To Be

15

Bound;

16

(d)

The Court and its personnel;

17

(e)

Court reporters (other than those court reporters employed by the

18

Court), their staffs, and Professional Vendors to whom Disclosure is

19

reasonably necessary for this litigation and who have signed the

20

Acknowledgment And Agreement To Be Bound; and
(f)

21
22

information.

23

7.4.

The author of the document or the original source of the

Procedures For Disclosure Of Protected Material To “Experts.” Unless

24

otherwise ordered by the Court or agreed to, in writing, by the Designating Party, if

25

the Receiving Party of the Protected Material seeks to Disclose to an Expert (as

26

defined in this Order) any information and/or item that has been designated as

27

Protected Material, it first must:

28

(a)

Ensure that the Expert has read this Stipulated Protective Order

and has executed the Acknowledgment And Agreement To Be Bound;
15
Case No. CV 15-08833-GW (KSx)

(b)

1

Have in its possession the Expert’s executed Acknowledgment

2

And Agreement To Be Bound prior to releasing any Protected Material to the

3

Expert; and
(c)

4

Ensure that the Expert has agreed not to Disclose the Protected

5

Material to anyone who has not also agreed to be bound by the

6

Acknowledgment And Agreement To Be Bound.

7

Provided the Receiving Party complies with the provisions of this Paragraph 7.4, the

8

Receiving Party has no obligation to disclose the identity of any of its Experts

9

pursuant to this Paragraph, but this Paragraph shall not affect any duty to disclose

10

experts contained in applicable rules, by stipulation of the Parties, or by order of the

11

Court.

12

8.

PROTECTED MATERIAL SUBPOENAED AND/OR ORDERED

13

PRODUCED IN OTHER LITIGATION

14

If a Receiving Party is served with a subpoena or an order issued in other

15

litigation that would compel Disclosure of any information and/or items designated

16

in this action as “Confidential” and/or “Highly Confidential – Attorneys’ Eyes

17

Only,” the Receiving Party must:

18

(a)

Notify the Designating Party, in writing (by fax or e-mail, if

19

possible). The Receiving Party must provide such notification as soon as is

20

practicable, and must use its best efforts to provide such notification within

21

three (3) court days after receiving the subpoena or order. When providing

22

such notification to the Designating Party, the Receiving Party must include a

23

copy of the subpoena or court order that would compel the Disclosure

24

described herein.

25

(b)

Provide prompt notification, in writing, to the party that caused

26

the issuance of the subpoena or order in the other litigation that some or all the

27

information and/or items covered by the subpoena or order is the subject of

28

this Stipulated Protective Order. When providing such notification to the
party in the other action that caused the subpoena or order to issue, the
16
Case No. CV 15-08833-GW (KSx)

1

Receiving Party must include a copy of this Stipulated Protective Order.

2

The purpose of imposing these duties on the Receiving Party is to alert the

3

interested parties in the other action that caused the subpoena or order to issue to the

4

existence of this Stipulated Protective Order, and to afford the Designating Party in

5

this case an opportunity to try to protect its confidentiality interests in the court from

6

which the subpoena or order issued. Nothing in these provisions should be construed

7

as authorizing or encouraging a Receiving Party in this action to disobey a lawful

8

directive from another court.

9

The Designating Party shall bear the burden and expense of seeking protection

10

in any other court of its confidential material in response to a subpoena or an order

11

issued in other litigation that would compel the Disclosure described herein.

12

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

13
14

IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced by

15

a Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

16

produced by Non-Parties in connection with this litigation is protected by the

17

remedies and relief provided by this Order. Nothing in these provisions should be

18

construed as prohibiting a Non-Party from seeking additional protections.

19

(b)

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

20

to produce a Non-Party’s confidential information in its possession, and the Party is

21

subject to an agreement with the Non-Party not to produce the Non-Party’s

22

confidential information, then the Party shall:

23

(1)

promptly notify in writing the Requesting Party and the

24

Non-Party that some or all of the information requested is subject to a confidentiality

25

agreement with a Non-Party;

26

(2)

promptly provide the Non-Party with a copy of the

27

Stipulated Protective Order in this Action, the relevant discovery request(s), and a

28

reasonably specific description of the information requested; and
(3)

make the information requested available for inspection by
17
Case No. CV 15-08833-GW (KSx)

1

the Non-Party, if requested.

2

(c)

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

3

within 14 days of receiving the notice and accompanying information, the Receiving

4

Party may produce the Non-Party’s confidential information responsive to the

5

discovery request. If the Non-Party timely seeks a protective order, the Receiving

6

Party shall not produce any information in its possession or control that is subject to

7

the confidentiality agreement with the Non-Party before a determination by the

8

court. Absent a court order to the contrary, the Non-Party shall bear the burden and

9

expense of seeking protection in this court of its Protected Material.

10
11

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has Disclosed

12 Protected Material to any person or in any circumstance not authorized under this
13 Stipulated Protective Order, the Receiving Party must immediately:
14

(a)

Notify the Designating Party, in writing, of the unauthorized

15 Disclosure(s);
16

(b)

Use its best efforts to retrieve all copies of the Protected Material;

17

(c)

Inform the person or persons to whom unauthorized Disclosures were

18 made of all the terms of this Order; and
19

(d)

Request that the person or persons to whom unauthorized Disclosures

20 were made execute the Acknowledgment And Agreement To Be Bound that is
21 attached hereto as Exhibit A.
22

10.1 Remedies for Unauthorized Disclosure of Protected Material.

The

23

Parties agree that the failure of any Receiving Party or other Party to comply with

24

Paragraph 10 of this Stipulated Protective Order, including by filing in the public

25

record any Protected Material designated as “Confidential” and/or “Highly

26

Confidential – Attorneys’ Eyes Only” without a sealing order, has the potential to

27

cause irreparable injury to the Producing Party, the Designating Party, and/or other

28 third parties whose information is improperly filed in the public record. The Parties

further agree that such injured Parties and/or third parties do not have an adequate
18
Case No. CV 15-08833-GW (KSx)

1

remedy at law for such violations, and that injunctive relief is an appropriate remedy.

2

Therefore, in the event such a violation occurs, or is threatened, the Parties agree that

3 any such injured Parties and/or third parties may immediately apply to the Court to
4 obtain injunctive relief, and further agree that any Party objecting to such relief shall
5 not employ as a defense thereto the claimed existence of an adequate remedy at law.
6 In addition to injunctive relief, as specified herein, the Parties also agree that the
7 Court may impose injured Party may seek monetary sanctions, issue and/or
8

evidentiary sanctions, and/or any other relief deemed appropriate under the

9

circumstances for a violation of this Stipulated Protective Order.

10

All Parties and other persons subject to the terms of this Stipulated Protective

11

Order agree that the Court shall retain jurisdiction for the purposes of enforcing this

12

Stipulated Protective Order – including, but not limited to, for the purpose of

13

evaluating any application for injunctive relief and/or other relief pursuant to this

14

Paragraph 10.1.

15

11.

FILING PROTECTED MATERIAL

16

The Parties Any party, including a Designating Party, may not file in the

17

public record in this action any that wishes to file Protected Material designated as

18

“Confidential” and/or “Highly Confidential – Attorneys’ Eyes Only” under seal in

19

this action must follow the procedures set forth in Local without complying with

20

the following rules and orders regarding lodging or filing material under seal: Rule

21

26(c) of the Federal Rules of Civil Procedure and Rule 79-5 of the Central District of

22

California Local Civil Rules.

23

Each Party agrees not to oppose any motion to seal Protected Material, except

24

and only to the extent that a Party challenges or has previously challenged, in any

25

manner, the designation of the Protected Material that is the subject of the motion to

26

seal.

27

12.

28

USING PROTECTED MATERIAL AT TRIAL
12.1. Procedures In Connection With Pretrial Disclosures. Not later than the

deadline for filing pretrial disclosures pursuant to Rule 26(a)(3) of the Federal Rules
19
Case No. CV 15-08833-GW (KSx)

1

of Civil Procedure, the Parties shall meet and confer regarding the procedures for use

2

of Protected Material at trial and shall move the Court for entry of an appropriate

3

order. In the event that the Parties cannot agree upon the procedures for use of

4

Protected Material at trial, each Party shall include a notation in its pretrial

5 disclosures that the intended disclosure contains Protected Material. The Parties may
6 object to the Disclosure of Protected Material pursuant to Rule 26(a)(3)(B) of the
7 Federal Rules of Civil Procedure, and the Court shall resolve any outstanding
8 disputes over such Disclosure.
9 13.

FINAL DISPOSITION

10

13.1. Return And/Or Destruction Of Protected Materials. Unless otherwise

11

ordered or agreed in writing by the Producing Party and, if not the same person or

12 entity, the Designating Party, within sixty (60) calendar days after the settlement or
13 other final termination of this action, each Receiving Party must return to the
14 Producing Party all Protected Materials, and all reproductions thereof, including all
15 copies, abstracts, compilations, summaries, or any other form of reproducing or
16 capturing any of the Protected Materials.

In the alternative, and upon receipt of

17 permission, in writing, from the Designating Party, a Receiving Party may elect,
18 within sixty (60) calendar days after the settlement or other final termination of this
19 action, to destroy some or all of the Protected Materials.
20

13.2 Certification Of Disposition Of Protected Materials. Prior to expiration

21

of the sixty (60) day deadlines described in Paragraphs 13.1 and 13.2, above,

22 Counsel for each Receiving Party must submit a written certification to the
23 Producing Party and, if not the same person or entity, the Designating Party that (a)
24 identifies (by category, where appropriate) all of the Protected Materials that were
25 returned to the Producing Party; (b) identifies (by category, where appropriate) all of
26 the Protected Materials that, with written permission from the Designating Party,
27 were destroyed by the Receiving Party; and (c) affirms that the Receiving Party has
28 not retained any Protected Materials, including any copies, abstracts, compilations,

summaries, or any other form of reproducing or capturing any of the Protected
20
Case No. CV 15-08833-GW (KSx)

1

Materials.

2

13.3. Retention Of Archival Copies. Notwithstanding this provision, Counsel

3

are entitled to retain an archival copy of all pleadings, motion papers, transcripts,

4

legal memoranda, correspondence, and/or attorney work product, even if such

5

materials contain and/or reveal Protected Materials. Any such archival copies that

6

contain or constitute Protected Materials remain subject to this Stipulated Protective

7

Order as described in Paragraph 4, above.

8

14.

9

MISCELLANEOUS
14.1. Counsel Agree To Maintain A File Of All Certifications (Exhibit A)

10

Required By This Order.

The file containing the Acknowledgments And

11

Agreements To Be Bound and the specific Certifications therein shall not be

12

available for review by opposing Counsel absent an agreement of the Parties or an

13 order of the Court in this action determining that there is a good faith basis for the
14 Certifications, or any part of them, to be reviewed.
15
16

14.2. Right To Further Relief. Nothing in this Order abridges the right of any
person and/or entity to seek its modification by the Court at any time in the future.

17

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

18

Stipulated Protective Order, no Party waives any right it otherwise would have to

19

object to disclosing or producing any information or item on any ground not

20

addressed in this Stipulated Protective Order. Similarly, no Party waives any right to

21

object on any ground to the use in evidence of any of the material covered by this

22

Order.

23

IT IS SO ORDERED.

24
25

DATED: December 17, 2015

26
27
28

Hon. Karen L. Stevenson
United States Magistrate Judge
21

Case No. CV 15-08833-GW (KSx)

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

________________________________

[print

or

type

full

name],

of

4

__________________ [print or type full address], declare under penalty of perjury

5

that I have read in its entirety and understand the Stipulated Protective Order that

6

was issued by the United States District Court for the Central District of California

7

on [date] in the case of David Walker, et al. v. Brink’s Global Services USA, Inc., et

8

al., Case No. CV 15-08833-GW (KSx) (the “Stipulated Protective Order”). I agree

9 to comply with and to be bound by all the terms of this Stipulated Protective Order
10 and I understand and acknowledge that failure to so comply could expose me to
11 sanctions and punishment in the nature of contempt. I solemnly promise that I will
12 not disclose in any manner any information or item that is subject to this Stipulated
13 Protective Order to any person or entity except in strict compliance with the
14 provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court for the
16 Central District of California for the purpose of enforcing the terms of this Stipulated
17 Protective Order, even if such enforcement proceedings occur after termination of
18 this action. I hereby appoint _____________________________________ [print or
19

type full name] of _________________________________________ [print or type

20

full address and telephone number] as my California agent for service of process in

21

connection with this action or any proceedings related to enforcement of this

22

Stipulated Protective Order.

23

Date:

24

City and State where sworn and signed:

25
26

Printed name:

27

Signature:____________________________

28

22

Case No. CV 15-08833-GW (KSx)