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)

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1 2 3 4 5 6 7 Nancy G. Ross (Pro Hac Vice) Brian D. Netter (Pro Hac Vice) Laura Hammargren (Pro Hac Vice) Samuel P. Myler (Pro Hac Vice) MAYER BROWN LLP 71 South Wacker Drive Chicago, IL 60606 Telephone: 312.782.0600 Facsimile: 312.701.7711 11 Dale J. Giali (SBN 150382) MAYER BROWN LLP 350 South Grand Avenue, 25th Floor Los Angeles, CA 90071 Telephone: 213.229.9500 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)

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