Clifton W. Marshall et al v. Northrop Grumman Corporation et al

Filing 108

MODIFIED ORDER GOVERNING THE TREATMENT OF CONFIDENTIAL INFORMATION [CHANGES MADE BY COURT] by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order, 96 . See order for details. (hr)

1
2
3
4
5
6
7

Nancy G. Ross (Pro Hac Vice)
[e-mail]
Brian D. Netter (Pro Hac Vice)
[e-mail]
Laura Hammargren (Pro Hac Vice)
[e-mail]
Samuel P. Myler (Pro Hac Vice)
[e-mail]
MAYER BROWN LLP
71 South Wacker Drive
Chicago, IL 60606
Telephone: [phone]
Facsimile: 312.701.7711

11

Dale J. Giali (SBN 150382)
[e-mail]
MAYER BROWN LLP
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213.625.0248

12

Attorneys for Defendants

13

[Additional counsel listed on signature page]

8
9
10

14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA

16
17
18
19
20
21
22

Case No. 16-CV-6794 AB (JCx)

CLIFTON W. MARSHALL, et al.,
Plaintiffs,

MODIFIED ORDER GOVERNING
THE TREATMENT OF
CONFIDENTIAL INFORMATION

v.
NORTHROP GRUMMAN
CORPORATION, et al.

[CHANGES MADE BY COURT]

Defendants.

23
24
25
26
27
28

1
ORDER GOVERNING THE
TREATMENT OF CONFIDENTIAL INFORMATION
Case No. 16-CV-6794 AB (JCx)

1

The Parties 1 HEREBY STIPULATE AND AGREE, by and through their

2

undersigned counsel, that the following proposed Modified Order Governing the

3

Treatment of Confidential Information (the “Order”) should be entered by the

4

Court in this case (the “Litigation”).

5

This Order shall govern the handling of all documents, deposition testimony,

6

and discovery responses, including all copies, excerpts and summaries thereof,

7

provided during the course of the Litigation by the Parties to the Litigation or by

8

non-parties, either voluntarily or as required in lawful discovery pursuant to the

9

Federal Rules of Civil Procedure, except during a court hearing or at trial. Any use

10

of Confidential material during a court hearing or at trial shall be governed by the

11

orders of the presiding judge.

12

1.

SCOPE.

13

Documents and information designated “Confidential,” as defined in section

14

2, obtained through this lawsuit shall be used only for the purposes of

15

investigating, preparing for and conducting this Litigation, including any appeals

16

thereof, and shall not be used by the Parties or any other person for any

17

commercial, business, competitive or other purpose without the prior written

18

consent of the Producing Party or their counsel. Notwithstanding the foregoing,

19

nothing shall prevent either Party from providing any Confidential materials

20

produced or adduced in this Litigation in response to a subpoena or lawful court

21

order, in accordance with Section 10 herein.

22
23
1

24
25
26

As used herein: “Party” or “Parties” refer to the Parties to this Litigation;
“Producing Party” refers to the Party or non-party producing documents or
information; “Receiving Party” refers to the Party to which documents or
information are produced; “Designating Party” refers to the Party or party that has
designated documents or materials Confidential; and “Challenging Party” refers to
the Party challenging the designation of documents or materials Confidential.

27
28

2
ORDER GOVERNING THE
TREATMENT OF CONFIDENTIAL INFORMATION
Case No. 16-CV-6794 AB (JCx)

1

2.

DESCRIPTION OF PROTECTED MATERIALS.

2

A Producing Party may designate “Confidential” any non-public material

3

produced in the Litigation the Producing Party believes in good faith contains (a) a

4

trade secret or other confidential research, development, or commercial

5

information, (b) personally identifying information (including dates of birth,

6

addresses, social security numbers, phone numbers, account balances, and

7

information

8

Accountability Act of 1996 (“HIPAA”) Privacy Standards, 42 C.F.R. 164), or (c)

9

information that the Producing Party is obligated not to disclose under a written

otherwise protected by the Health Insurance Portability and

10

agreement with a non-party.

11

3.

PROTECTIVE ORDER REQUESTED BY THE PARTIES.

12

Upon entry of an Order by this Court, this Modified Order Governing the

13

Treatment of Confidential Information (the “Order”) shall govern the production

14

and disclosure of Confidential materials and their contents pursuant to Paragraph 2

15

above throughout the entirety of this Litigation, except during a court hearing or at

16

trial. As indicated above, any use of Confidential material during a court hearing

17

or at trial shall be governed by the orders of the presiding judge.

18

A.

This Order shall not diminish or eliminate any privilege conferred

19

pursuant to the Federal Rules of Civil Procedure, nor any statutory or other legal

20

obligation or right of any Party.

21

B.

The Parties and their Counsel shall keep confidential and not use nor

22

disseminate outside this Litigation any of the Confidential materials or their

23

contents, as defined in Section 2, except as provided in this Order.
(1)

24

The Confidential materials and their content shall be used by

25

the Parties for the sole purpose of furthering the Litigation, and for no other

26

purpose;

27
28

3
ORDER GOVERNING THE
TREATMENT OF CONFIDENTIAL INFORMATION
Case No. 16-CV-6794 AB (JCx)

1

(2)

Materials designated “Confidential” shall only be provided to

2

or shown to: (a) attorneys of the law firms listed on the pleadings in this Litigation

3

(“Counsel of Record”), and to supporting personnel employed by or contracted by

4

Counsel of Record, including paralegals, legal assistants, docket clerks, document

5

management and photocopying services; (b) Parties to this Litigation; (c) relevant

6

witnesses identified in discovery materials or lawfully subpoenaed by a Party; (d)

7

retained or prospective experts and/or consultants retained or consulted by a Party

8

or a Party’s counsel in the course of this Litigation; (e) professional vendors,

9

persons, or entities that provide support services during the course of the Litigation

10

(such services include photocopying, preparing exhibits or demonstratives, storing

11

or retrieving data in any form/medium, videotaping, translating); (f) mediators or

12

other private Alternative Dispute Resolution (ADR) professional selected or

13

retained by the Parties; (g) the Court and Court personnel; (h) the author or

14

recipient of the document (not including a person who received the document in

15

the course of the Litigation); and (i) the Secretaries of Labor and the Treasury or

16

their departments, to the extent that such disclosure is required by law and is

17

disclosed in accordance with Section 10.

18

Should a Party produce Confidential materials in the course of discovery in

19

this Litigation, the materials shall be labeled “CONFIDENTIAL” on their face (in

20

the lower left corner of the document, opposite identifying Bates numbers), unless

21

express written consent is provided by all Parties. Nothing in this Order requires a

22

Party to separately designate each page of a multi-page document, unless otherwise

23

agreed to by the Parties.

24

(3)

Copies, summaries, or extracts of Confidential materials shall

25

be protected pursuant to this Order and shall be kept confidential and not used nor

26

disseminated outside this Litigation. In the event copies, summaries, or extracts of

27
28

4
ORDER GOVERNING THE
TREATMENT OF CONFIDENTIAL INFORMATION
Case No. 16-CV-6794 AB (JCx)

1

the Confidential materials are made by or on behalf of Counsel of Record, such

2

items shall be designated and treated as Confidential materials.
(4)

3

Consultants and/or experts may receive and/or review

4

Confidential materials provided by Counsel of Record, provided that the

5

consultants receive a copy of this Order and sign an acknowledgment of

6

understanding of the provisions herein. In addition, all consultants and/or experts

7

shall be advised that any portion of their written work that contains or discloses the

8

contents or substance of Confidential materials is also subject to this Order.
(5)

9

During depositions, Counsel of Record may question a witness

10

about Confidential materials or their contents. Unless all Parties (and non-parties,

11

if applicable) agree on the record at the time the deposition testimony is taken, all

12

deposition testimony taken in this case shall be treated as Confidential until 30

13

days after the transcript is delivered to the parties. After that, the deposition

14

testimony shall not be treated as Confidential unless the Producing Party has

15

served a Notice of Designation to all Parties of record as to specific portions of the

16

testimony that are designated Confidential.

17

identified in the Notice of Designation shall be protected by the terms of this

18

Order.

19

designation of testimony taken in that deposition as Confidential, unless otherwise

20

ordered by the Court.

The failure to serve a timely Notice of Designation shall waive any

(6)

21

Thereafter, only those portions

In the event that Confidential materials are attached to, quoted

22

in, or summarized in motions papers, pleadings, briefs, or other documents filed

23

with the Court, the Confidential materials or their content shall be submitted for

24

filing under seal pursuant to Local Rule 79-5. Copies of the filings containing

25

Confidential information subject to this Order must be served on Counsel of

26

///

27
28

5
ORDER GOVERNING THE
TREATMENT OF CONFIDENTIAL INFORMATION
Case No. 16-CV-6794 AB (JCx)

1

Record for the Parties in accordance with federal statutes, rules, and regulations

2

and with the Local Rules of this Court, and treated as Confidential.
(7)

3

Confidential materials offered into evidence at a public hearing

4

or at trial shall no longer be treated as Confidential, unless the Producing Party first

5

obtains a separate protective order or other relief from the Court specifically

6

relating to the materials used during the hearing or trial. The Receiving Party must

7

give the Producing Party at least seven (7) days notice, whether through an exhibit

8

list or otherwise, if they intend to use Confidential materials at a public hearing or

9

trial. Personally identifying information must be redacted from all documents used

10

during depositions, during a public hearing, or at trial.

11

4.

ADMISSION.

12

Neither this Order, nor its contents, nor any action taken in compliance with

13

the Order shall operate as an admission by the Producing Party that specific

14

materials are or are not admissible for evidentiary purposes.

15

5.

UNAUTHORIZED DISCLOSURE.

16

An inadvertent failure to designate a document as Confidential materials

17

does not, standing alone, waive the right to so designate the document. If a Party

18

(or non-party) designates a document as Confidential material after it was initially

19

produced, the Receiving Party, on notification of the designation, must make a

20

reasonable effort to assure that the document is treated in accordance with the

21

provisions of this Order. If, however, a Receiving Party uses a document or

22

information that has not been designated Confidential in a way that makes its

23

contents public, the Producing Party may not thereafter designate the document or

24

information Confidential.

25

///

26

///

27
28

6
ORDER GOVERNING THE
TREATMENT OF CONFIDENTIAL INFORMATION
Case No. 16-CV-6794 AB (JCx)

1

6.

RETURN OR DESTRUCTION OF CONFIDENTIAL MATERIALS.

2

Within sixty (60) days of final resolution of this Litigation, a Receiving

3

Party must return all Confidential materials, including copies, to the Producing

4

Party, or the Parties may elect to destroy the information, and all extracts or

5

summaries of Confidential materials (except attorney work product). A Receiving

6

Party must make a written Certification of such destruction, under penalty of

7

perjury, and provide it to Counsel for the Producing Party within ten (10) business

8

days of destruction. Notwithstanding this provision, counsel are entitled to retain

9

an archival copy of all documents produced in this Litigation, including all

10

pleadings, motion papers, trial, deposition, and hearing transcripts, deposition and

11

trial exhibits, expert reports, attorney work product, and expert work product, even

12

if such materials contain Confidential material. All Confidential materials retained

13

by the Parties will continue to be treated as Confidential under this Order.

14

7.

CHALLENGES TO DESIGNATION AS CONFIDENTIAL MATERIALS.
The designation of any materials or documents Confidential is subject to

15
16

challenge by any Party.

17

The following procedure shall apply to any such

challenge.

18

A. Meet and Confer. The Challenging Party must act in good faith in

19

challenging the designation of Confidential materials. The Challenging Party shall

20

begin the process by serving the Designating Party with a notice of the materials the

21

Challenging Party does not believe were properly designated Confidential. The

22

Parties shall confer regarding the challenged designations within 7 days of the date

23

of service of notice. If the Designating Party does not change its designation of the

24

challenged materials, it must explain the basis for its belief the designation is

25

proper. Unless another time period for conferral is agreed to by the parties, if the

26

///

27
28

7
ORDER GOVERNING THE
TREATMENT OF CONFIDENTIAL INFORMATION
Case No. 16-CV-6794 AB (JCx)

1

Designating Party fails to confer within 7 days of the challenge, the challenged

2

materials shall automatically lose their Confidential designation.
B.

3

Judicial Intervention. If a Designating Party does not change the

4

designation of Confidential materials following a challenge under Section 7.A

5

herein, the Challenging Party may, within fourteen (14) business days, prepare and

6

send to the Designating Party a Joint Stipulation in accordance with Local Rule 37-

7

2. If the Designating Party does not provide the Challenging Party with its portion

8

of the Joint Stipulation in accordance with Local Rule 37-2, the challenged

9

materials shall automatically lose their Confidential Designation.

10

C. Action by the Court. Applications to the Court for an order relating to

11

materials or documents designated Confidential shall be in accordance with Local

12

Rule 37-1–37-4. Nothing in this Order or any action or agreement of a Party (or

13

non-party) under this Order limits the Court’s power to make orders concerning

14

the disclosure of documents produced in discovery or at trial.

15

8.

MODIFICATION.
The Court may modify the Order at any time, or consider any dispute that

16
17

may arise under the Order upon motion of any Party.

18

9.

DURATION.

19

Confidential materials shall remain protected pursuant to this Order

20

throughout the Litigation unless terminated by Court Order or by stipulation

21

executed by Counsel of Record. Counsel of Record shall make reasonable efforts

22

to prevent unauthorized or inadvertent disclosure of Confidential materials. The

23

provisions of this Order shall continue to be binding after the termination of the

24

Litigation unless so ordered by the Court.

25

///

26

///

27
28

8
ORDER GOVERNING THE
TREATMENT OF CONFIDENTIAL INFORMATION
Case No. 16-CV-6794 AB (JCx)

1

10.

CONFIDENTIAL INFORMATION SUBPOENAED OR ORDERED

2

PRODUCED.

3

A. If a Receiving Party is served with a subpoena or a court order issued in

4

other litigation or in connection with an ongoing investigation from a Federal or

5

state government department or agency that would compel disclosure of any

6

material or document designated in this Litigation as Confidential material, the

7

Receiving Party must so notify the Producing Party, in writing, immediately and at

8

least seven (7) days before the Party’s response to the subpoena or order is due

9

(unless the subpoena or court order does not allow the Receiving Party seven (7)

10

days to respond). Such notification must include a copy of the subpoena or court

11

order.

12

B. The Receiving Party also must immediately inform in writing the party

13

who caused the subpoena or order to issue that some or all of the material covered

14

by the subpoena or order is the subject of this Order.

15

C. The purpose of imposing these duties is to alert the Producing Party to

16

the existence of this Order and to afford the Producing Party an opportunity to try

17

to protect its Confidential material in the court (or from the Federal or state

18

government or agency) from which the subpoena or order issued. The Producing

19

Party shall bear the burden and the expense of seeking protection in that court or

20

from that government department or agency of its Confidential material, and

21

nothing in these provisions should be construed as authorizing or encouraging a

22

Receiving Party in this Litigation to disobey a lawful directive from another court

23

or from a government department or agency. The obligations set forth in this

24

Section remain in effect while the Party has in its possession, custody or control

25

Confidential material produced in this Litigation.

26

///

27
28

9
ORDER GOVERNING THE
TREATMENT OF CONFIDENTIAL INFORMATION
Case No. 16-CV-6794 AB (JCx)

1
2
3

11.

WRITTEN NOTICE
For purposes of any written notice requirements as between the Parties under

this Order, notice by email is sufficient.

4
5
6

Dated: July 14, 2017

Respectfully submitted,

10

By: /s/ Laura Hammargren
Nancy G. Ross (Pro Hac Vice)
Brian D. Netter (Pro Hac Vice)
Laura Hammargren (Pro Hac Vice)
Samuel P. Myler (Pro Hac Vice)
Dale J. Giali (SBN 150382)
MAYER BROWN LLP

11

Attorneys for Defendants

7
8
9

12

By: /s/ Stephen M. Hoeplinger
Stephen M. Hoeplinger (Pro Hac Vice)
SCHLICHTER, BOGARD & DENTON
Lead Counsel for Plaintiffs

13
14
15

William A. White (SBN 121681)
HILL, FARRER & BURRILL LLP
Local Counsel for Plaintiffs

16
17
18
19
20

Dated: August 3, 2017

IT IS SO ORDERED.

21
22

____________/s/________________
Honorable Jacqueline Chooljian
U.S. MAGISTRATE JUDGE

23
24
25
26
27
28

10
ORDER GOVERNING THE
TREATMENT OF CONFIDENTIAL INFORMATION
Case No. 16-CV-6794 AB (JCx)

1

UNITED STATES DISTRICT COURT

2

CENTRAL DISTRICT OF CALIFORNIA

3
4

CLIFTON W. MARSHALL, et al.,
Plaintiffs,

5

v.

6
7

Case No. 16-CV-6794 AB (JCx)

NORTHROP GRUMMAN
CORPORATION, et al.

8

Defendants.

9
10
11

ACKNOWLEDGMENT AND AGREEMENT TO ABIDE BY MODIFIED
ORDER GOVERNING THE TREATMENT OF CONFIDENTIAL
INFORMATION

12

I hereby certify under penalty of perjury and pursuant to 28 U.S.C. § 1746 as

13
14
15

follows:
1.

restrictions of the “Modified Order Governing the Treatment of

16

Confidential Information,” which was entered in the above-captioned

17

case.

18
19

2.

22
23
24
25
26
27
28

I have been given a copy of and have read that Order and agree to be
bound by it.

20
21

Confidential material is being provided to me pursuant to the terms and

3.

I understand that all such Confidential information and copies, including,
but not limited to, any notes or other materials relating or referring to
such Confidential information shall be destroyed no later than sixty (60)
days after the termination of this proceeding.

Date: ______________________________________
Printed name: _______________________________
Signature: __________________________________
11
ORDER GOVERNING THE
TREATMENT OF CONFIDENTIAL INFORMATION
Case No. 16-CV-6794 AB (JCx)