Rachel Burrell v. Integra Lifesciences Corporation

Filing 15

PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson re Stipulation for Protective Order 14 . (See document for specifics) (mrgo)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 RACHEL BURRELL, Plaintiff, 12 13 14 v. No. CV 16-4561 PA (JPRx) PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION INTEGRA LIFESCIENCES CORPORATION, and DOES 1 to 50, inclusive, 15 Defendants. 16 17 18 1. In connection with discovery proceedings in this action, the parties may 19 designate any document, thing, material, testimony or other information derived therefrom, 20 as “Confidential” under the terms of this Protective Order (hereinafter “Order”). 21 Confidential information is information which has not been made public and which concerns 22 or relates to the discovery of client and customer information and other proprietary 23 information belonging to the defendant.1/ 24 25 26 27 1/ The type of information as to which good cause for entry of a protective order typically can be shown includes trade secrets and other highly confidential commercial information, material required to be kept confidential by state or federal law, or highly sensitive personal information such as medical records. 1 2. By designating a document, thing, material, testimony or other information 2 derived therefrom as “Confidential” under the terms of this Order, the party making the 3 designation is certifying to the Court that there is a good faith basis in law and in fact for the 4 designation within the meaning of Federal Rule of Civil Procedure 26(g). 5 3. Confidential documents shall be so designated by stamping copies of the 6 document produced to a party with the legend “CONFIDENTIAL.” Stamping the legend 7 “CONFIDENTIAL” on the cover of any multipage documents shall designate all pages of 8 the document as confidential, unless otherwise indicated by the producing party. 9 4. Testimony taken at a deposition may be designated as confidential by making 10 a statement to that effect on the record at the deposition. Arrangements shall be made with 11 the court reporter taking and transcribing such deposition to separately bind such portions of 12 the transcript containing information designated as confidential, and to label such portions 13 appropriately. 14 5. Material designated as confidential under this Order, the information 15 contained therein, and any summaries, copies, abstracts, or other documents derived in 16 whole or in part from material designated as confidential (hereinafter “Confidential 17 Material”) shall be used only for the purpose of the prosecution, defense, or settlement of 18 this action, and for no other purpose. 19 6. Confidential Material produced pursuant to this Order may be disclosed or 20 made available only to the Court, to counsel for a party (including the paralegal, clerical, and 21 secretarial staff employed by such counsel), and to the “qualified persons” designated below: 22 (a) a party, or an officer, director, or employee of a party deemed necessary 23 by counsel to aid in the prosecution, defense, or settlement of this 24 action; 25 (b) experts or consultants (together with their clerical staff) retained by 26 such counsel to assist in the prosecution, defense, or settlement of this 27 action; (c) court reporter(s) employed in this action; -2- 1 (d) a witness at any deposition or other proceeding in this action; and 2 (e) any other person as to whom the parties in writing agree. 3 4 Prior to receiving any Confidential Material, each “qualified person” shall be provided with 5 a copy of this Order and shall execute a nondisclosure agreement in the form of Attachment 6 A, a copy of which shall be provided forthwith to counsel for each other party and for the 7 parties. 8 9 10 7. Only qualified persons may attend depositions at which Confidential Material is used or discussed. 8. The parties may further designate certain discovery material or testimony of a 11 highly confidential and/or proprietary nature as “CONFIDENTIAL - ATTORNEY’S EYES 12 ONLY” (hereinafter “Attorney’s Eyes Only Material”), in the manner described in 13 paragraphs 2 and 3 above. Attorney’s Eyes Only Material, and the information contained 14 therein, shall be disclosed only to the Court, to counsel for the parties (including the 15 paralegal, clerical and secretarial staff employed by such counsel), and to the “qualified 16 persons” listed in subparagraphs 5(b) through (e) above, but shall not be disclosed to a party, 17 or to an officer, director or employee of a party, unless otherwise agreed or ordered. If 18 disclosure of Attorney’s Eyes Only Material is made pursuant to this paragraph, all other 19 provisions in this order with respect to confidentiality shall also apply. 20 9. Nothing herein shall impose any restrictions on the use or disclosure by a party 21 of material obtained by such party independent of discovery in this action, whether or not 22 such material is also obtained through discovery in this action, or from disclosing its own 23 Confidential Material as it deems appropriate. 24 10. If Confidential Material, including any portion of a deposition transcript 25 designated as Confidential or Attorney's Eyes Only, is included in any papers to be filed with 26 the Court, such papers shall be accompanied by an application to (a) file the confidential 27 portions thereof under seal (if such portions are segregable), or (b) file the papers in their entirety under seal (if the confidential portions are not segregable). The application shall be -3- 1 directed to the judge to whom the papers are directed. Pending the ruling on the application, 2 the papers or portions thereof subject to the sealing application shall be lodged under seal. 3 11. This Order shall be without prejudice to the right of the parties (i) to bring 4 before the Court at any time the question of whether any particular document or information 5 is confidential or whether its use should be restricted or (ii) to present a motion to the Court 6 under Fed. R. Civ. P. 26(c) for a separate protective order as to any particular document or 7 information, including restrictions differing from those as specified herein. This Order shall 8 not be deemed to prejudice the parties in any way in any future application for modification 9 of this Order. 10 12. This Order is entered solely for the purpose of facilitating the exchange of 11 documents and information between the parties to this action without involving the Court 12 unnecessarily in the process. Nothing in this Order nor the production of any information or 13 document under the terms of this Order nor any proceedings pursuant to this Order shall be 14 deemed to have the effect of an admission or waiver by either party or of altering the 15 confidentiality or nonconfidentiality of any such document or information or altering any 16 existing obligation of any party or the absence thereof. 17 13. This Order shall survive the final termination of this action, to the extent that 18 the information contained in Confidential Material is not or does not become known to the 19 public, and the Court shall retain jurisdiction to resolve any dispute concerning the use of 20 information disclosed hereunder. Upon termination of this case, counsel for the parties shall 21 assemble and return to each other all documents, material and deposition transcripts 22 designated as confidential and all copies of same, or shall certify the destruction thereof. 23 IT IS SO ORDERED. 24 DATED: October 13, 2016 25 26 ___________________________________ Percy Anderson UNITED STATES DISTRICT JUDGE 27 -4- 1 Attachment A 2 Nondisclosure Agreement 3 4 I, , do solemnly swear that I am fully familiar with the terms of 5 the Protective Order Concerning Confidentiality entered in Rachell Burrell v. Integra 6 Lifesciences Corporation, United State District Court for the Central District of California, 7 Civil Action No. CV 16-4561 PA (JPRx), and hereby agree to comply with and be bound by 8 the terms and conditions of said Order unless and until modified by further Order of the 9 Court. I hereby consent to the jurisdiction of the Court for purposes of enforcing this 10 nondisclosure agreement. 11 12 Dated: [name of signator typed] 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -5-

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