Alexander Cabrera v. Walt Disney Parks and Resorts U.S., Inc.

Filing 32

PROTECTIVE ORDER RE: NONDISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION by Magistrate Judge Jean P. Rosenbluth. (See Order for details) 30 , 31 (bem)

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NO T E: CH ANG ES M ADE BY THE CO U RT

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 ALEXANDER CABRERA, an
individual, on behalf of himself, and
12 all others similarly situated, and as an
aggrieved employee pursuant to the
13 Private Attorneys General Act
(“PAGA”),
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Plaintiff,
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vs.
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WALT DISNEY PARKS AND
17 RESORTS U.S., INC. ., a foreign
corporation; and DOES 1 through 50,
18 inclusive,
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CASE NO. 16-cv-02393(MWF)(JPRx)
PROTECTIVE ORDER RE:
NONDISCLOSURE OF
CONFIDENTIAL DOCUMENTS
AND INFORMATION

Defendants.

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[PROPOSED] PROTECTIVE ORDER RE:
NONDISCLOSURE OF CONFIDENTIAL
DOCUMENTS AND INFORMATION
LEGAL_US_W # 88504330.1

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The Court, having read and considered the stipulation of the parties for

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a protective order regarding nondisclosure of confidential documents and

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information (the “Stipulation”), and good cause appearing therefor, IT IS HEREBY

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ORDERED:

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1.

This Order shall govern any designated record of information

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produced in this action, including all designated deposition testimony, all

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designated testimony taken at a hearing or other proceeding, interrogatory answers,

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documents (including, without limitation, computer and electronic files), and other

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discovery materials (whether produced informally or in response to interrogatories,

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requests for admissions, requests for production of documents, or other formal

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method of discovery).

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2.

Each party shall have the right to designate as confidential and

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subject to this Order any information, document, or portion of any documents

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produced by it in this litigation which contains private personnel information, trade

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secrets, or other confidential technical, business, or financial information. This

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designation shall be made by stamping each page of the document containing

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confidential information with the legend CONFIDENTIAL prior to its production

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or, if inadvertently produced without the legend, by furnishing written notice to the

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receiving party that the information or document shall be designated as

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CONFIDENTIAL under the Order. With respect to all materials provided by one

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party for inspection by another party’s counsel, designation by stamping or labeling

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as CONFIDENTIAL need not be made until copies of the materials are requested

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after inspection and selection by counsel. Making documents and things available

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for inspection shall not constitute a waiver of any claim of confidentiality.

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-1LEGAL_US_W # 88504330.1

[PROPOSED] PROTECTIVE ORDER RE:
NONDISCLOSURE OF CONFIDENTIAL
DOCUMENTS AND INFORMATION

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3.

Each party and all persons bound by the terms of this Order

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shall use any information or document designated as CONFIDENTIAL only for the

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purpose of prosecution or defense of this action. No such party or other person

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shall use any information designated as CONFIDENTIAL for any purpose other

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than the prosecution or defense of this action. The attorneys of record for the

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parties shall exercise reasonable care to insure that the information and documents

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governed by this Order are (i) used only for the purposes specified herein, and (ii)

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disclosed only to persons to whom disclosure of such information and documents is

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authorized by this Order.

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4.

Except as otherwise provided by further written stipulation of

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the parties or by order of the Court, documents or information designated

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CONFIDENTIAL may be disclosed only to counsel of record and their secretarial

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and legal assistants and, on a need-to-know basis only and subject to Paragraph 5 of

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this Order, to the parties, to employees of the parties, to the Court and its personnel,

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and to consultants and experts retained by the parties for purposes of this litigation

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(including, without limitation, persons engaged in the scanning, copying, and/or

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coding of such information or documents).

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5.

In no event shall any information or documents designated as

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CONFIDENTIAL be disclosed to any person other than the Court and its personnel

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and the parties’ counsel and their administrative and legal assistants pursuant to

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Paragraph 4 of this Order until such person has executed a written confidentiality

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agreement acknowledging and agreeing to be bound by the terms of this Order in

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the form set forth in Exhibit A to the Stipulation.

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-2LEGAL_US_W # 88504330.1

[PROPOSED] PROTECTIVE ORDER RE:
NONDISCLOSURE OF CONFIDENTIAL
DOCUMENTS AND INFORMATION

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6.

Documents and information designated CONFIDENTIAL shall

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include (a) all copies, extracts, and complete or partial summaries prepared from

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such documents or information; (b) portions of deposition transcripts and exhibits

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that contain or reflect the content of any such documents, copies, extracts, or

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summaries; (c) portions of briefs, memoranda, or any other writing filed with the

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Court and exhibits that contain or reflect the content of any such documents, copies,

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extracts, or summaries, if the Court so allows under Local Rule 79-5; (d) deposition

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testimony designated in accordance with Paragraph 7 below; and (e) testimony

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taken at a discovery-related hearing or other proceeding that is designated in

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accordance with Paragraph 8 below.

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7.

Deposition transcripts, or portions thereof, may be designated as

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subject to this Order either (1) before or immediately after the testimony is

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recorded, in which case the transcript of the designated testimony shall be bound in

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a separate volume conspicuously labeled CONFIDENTIAL by the reporter, as

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appropriate, or (2) by written notice to the reporter and all counsel of record given

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within ten (10) days after the transcript is received by the witness or his counsel or

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by any party or its counsel, in which case all counsel receiving such notice shall be

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responsible for marking the copies of the designated transcript in their possession or

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under their control as directed by the designating party.

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8.

With respect to testimony elicited during discovery-related

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hearings and other court proceedings, whenever counsel for any party deems that

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any question or line of questioning calls for the disclosure of information that

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should be kept CONFIDENTIAL, counsel may designate on the record prior to

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such disclosure that the disclosure is CONFIDENTIAL. The use of previously

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[PROPOSED] PROTECTIVE ORDER RE:
NONDISCLOSURE OF CONFIDENTIAL
DOCUMENTS AND INFORMATION

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designated confidential material in Trial and other pretrial proceedings shall be

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governed by any order the presiding judge deems appropriate.

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Notwithstanding any other provisions of this Order, nothing

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shall prohibit counsel for a party from disclosing a document, whether designated

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as CONFIDENTIAL, to any employee, officer, or director of the party who

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produced the document or information so designated.

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10.

Any information or documents designated as CONFIDENTIAL,

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if submitted to the Court, shall be filed under seal in compliance with Local Rule

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79-5 and shall be made available only to the Court and to persons authorized by the

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terms of this Order unless the Court orders otherwise. The party filing any pleading

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or paper which reflects, contains, or includes any information or document subject

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to this Order shall fully comply with Local Rule 79-5.

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Any party may mark any documents or information designated

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as CONFIDENTIAL as an exhibit to a deposition, discovery hearing, or other

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related proceeding and examine any witness thereon, provided (i) the witness

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previously has executed a written confidentiality agreement in the form of Exhibit

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A to the Stipulation, (ii) the exhibit and related transcript pages receive the same

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type of confidentiality designation as the original document, (iii) there is reason to

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believe this witness has knowledge or information to which such designated

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material is relevant, and (iv) the witness is entitled to see the document pursuant to

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the terms of this Order.

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-4LEGAL_US_W # 88504330.1

[PROPOSED] PROTECTIVE ORDER RE:
NONDISCLOSURE OF CONFIDENTIAL
DOCUMENTS AND INFORMATION

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12.

Any party may designate as CONFIDENTIAL any documents

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or information produced by any third party to this action within thirty (30) days of

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production of such documents or information.

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13.

Any party shall have the right to challenge any designation of

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discovery material as CONFIDENTIAL by seeking an order of the Court in full

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compliance with Local Rule 37 with respect to any information, documents, and

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other things designated as CONFIDENTIAL. If any discovery materials are

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designated CONFIDENTIAL by a producing party but are not believed by the

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receiving party to contain confidential information, the receiving party shall so

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notify the producing party and request a written release of the confidential

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information from the scope of this Order. If such written release is not forthcoming

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in ten (10) business days thereafter, the receiving party may apply to the Court for

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an order requiring the release of the confidential information from the scope of this

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Order. Prior to making such an application, the receiving party shall contact the

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producing party, and the parties shall confer in good faith in an effort to resolve the

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dispute. To maintain confidential status in the event of such an application, the

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proponent of confidentiality must show by a preponderance of the evidence that

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there is good cause for the discovery material to have such protection. The

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confidential discovery material shall continue to be treated as CONFIDENTIAL

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under this Order unless and until the Court rules otherwise.

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14.

In the event that any documents or information designated as

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CONFIDENTIAL is the subject of any subpoena or other order or proceeding not

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subject to this Order, the person or entity receiving the subpoenas or other order or

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proceeding shall promptly notify the designating party, at the addresses set forth

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below, of the subpoena, order, or other proceeding to enable the other party to

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[PROPOSED] PROTECTIVE ORDER RE:
NONDISCLOSURE OF CONFIDENTIAL
DOCUMENTS AND INFORMATION

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intervene or move to prevent disclosure of or otherwise protect its confidential

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information or documents. Such notice shall be given to counsel promptly both by

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telephone and in written form. The address for such notice shall be the following:

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Blake R. Bertagna, Esq.
Paul Hastings LLP
695 Town Center Drive, Seventeenth Floor
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile: [phone]

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Janine R. Menhennet, Esq.
Cohelan Khoury & Singer
605 “C” Street, Suite 200
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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Omid Nosrati, Esq.
The Law Office of Omid Nosrati
1875 Century Park East, Suite 600
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]

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15.

Upon termination of this action, including all appellate

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proceedings, unless otherwise agreed to in writing by an attorney of record for the

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designating party, each party shall assemble and return all material designated as

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CONFIDENTIAL, including all copies, extracts, and summaries thereof, to the

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party from whom the designated material was obtained, except that any materials

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that contain or constitute attorney’s work product may be destroyed rather than

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returned. Proof of such destruction, in the form of a declaration under oath by a

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person with personal knowledge of the destruction, will be supplied by each party

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to all counsel of record. The designating party will arrange for the pick-up of such

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materials or reimburse the returning party for the reasonable expenses incurred in

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sending or delivering of the materials.

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-6LEGAL_US_W # 88504330.1

[PROPOSED] PROTECTIVE ORDER RE:
NONDISCLOSURE OF CONFIDENTIAL
DOCUMENTS AND INFORMATION

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16.

No part of the restrictions imposed by this Order may be

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terminated, except by the further written stipulation executed by counsel of record

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for each designating party, or by an order of the Court for good cause shown. The

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termination of this action shall not terminate the obligations under this Order.

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17.

Nothing in this Order shall prevent the parties from seeking an

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order of the Court determining that some or all of the material designated

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CONFIDENTIAL is not and does not contain confidential information, and

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therefore, is not subject to the provisions of this Order. In addition, this Order shall

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not be deemed a waiver of:

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(a)

Any party’s right to object to any discovery requests on any

(b)

Any party’s right to seek an order compelling discovery with

grounds;

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respect to any discovery request;

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(c)

Any party’s right to object to the admission of any evidence on

any grounds in any proceeding herein; or

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(d)

Any party’s right to use its own documents with complete

discretion.

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Dated: January 20, 2017

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Hon. Jean P. Rosenbluth
United States Magistrate Judge

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[PROPOSED] PROTECTIVE ORDER RE:
NONDISCLOSURE OF CONFIDENTIAL
DOCUMENTS AND INFORMATION