Angela Tyler v. The Boeing Company et al

Filing 32

PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order 30 (See Order for Details) (rh)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 ANGELA TYLER , an individual, 12 Plaintiff, 13 14 15 16 17 18 vs. THE BOEING COMPANY, a Delaware Corporation; BOEING DEFENSE, SPACE & SECURITY, a division of BOEING, business entity form unknown; BOEING NETWORK & SPACE SYSTEMS, a part of BOEING DEFENSE, SPACE & SECURITY, a business entity, form unknown and DOES 1-10; 19 Case No. 2:16-CV-07610-AB-KS STIPULATED PROTECTIVE ORDER Complaint Filed: October 12, 2016 Defendants. 20 21 22 1. INTRODUCTION 23 A. PURPOSES AND LIMITATIONS 24 Discovery in this action is likely to involve production of confidential, 25 proprietary, or private information for which special protection from public 26 disclosure and from use for any purpose other than prosecuting this litigation may 27 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 28 DB2/ 31774205.1 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 enter the following Stipulated Protective Order1. The parties acknowledge that this 2 Order does not confer blanket protections on all disclosures or responses to 3 discovery and that the protection it affords from public disclosure and use extends 4 only to the limited information or items that are entitled to confidential treatment 5 under the applicable legal principles. The parties further acknowledge, as set forth 6 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 7 file confidential information under seal; Civil Local Rule 79-5 sets forth the 8 procedures that must be followed and the standards that will be applied when a 9 party seeks permission from the court to file material under seal. 10 B. 11 This action is likely to involve trade secrets, valuable research, development, GOOD CAUSE STATEMENT 12 commercial, financial, technical, private and/or proprietary information for which 13 special protection from public disclosure and from use for any purpose other than 14 prosecution of this action is warranted. Such confidential and proprietary materials 15 and information consist of, among other things, confidential business or financial 16 information, information regarding confidential business practices, or other 17 confidential research, development, or commercial information (including 18 information implicating privacy rights of third parties), information otherwise 19 generally unavailable to the public, or which may be privileged or otherwise 20 protected from disclosure under state or federal statutes, court rules, case decisions, 21 or common law. Accordingly, to expedite the flow of information, to facilitate the 22 prompt resolution of disputes over confidentiality of discovery materials, to 23 adequately protect information the parties are entitled to keep confidential, to 24 ensure that the parties are permitted reasonable necessary uses of such material in 25 preparation for and in the conduct of trial, to address their handling at the end of the 26 litigation, and serve the ends of justice, a protective order for such information is 27 1 28 Magistrate Judge Karen L. Stevenson’s Form Stipulated Protective Order was used as a template to draft this Stipulated Protective Order DB2/ 31774205.1 2 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 justified in this matter. It is the intent of the parties that information will not be 2 designated as confidential for tactical reasons and that nothing be so designated 3 without a good faith belief that it has been maintained in a confidential, non-public 4 manner, and there is good cause why it should not be part of the public record of 5 this case. 6 2. 7 8 9 10 11 DEFINITIONS 2.1 Action: Angela Tyler v. The Boeing Company, et al., Case No. 2:16- CV-07610-GW-SK. 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 12 how it is generated, stored or maintained) or tangible things that qualify for 13 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 14 the Good Cause Statement. 15 16 17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 18 items that it produces in disclosures or in responses to discovery as 19 “CONFIDENTIAL.” 20 2.6 Disclosure or Discovery Material: all items or information, regardless 21 of the medium or manner in which it is generated, stored, or maintained (including, 22 among other things, testimony, transcripts, and tangible things), that are produced 23 or generated in disclosures or responses to discovery in this matter. 24 2.7 Expert: a person with specialized knowledge or experience in a matter 25 pertinent to the litigation who has been retained by a Party or its counsel to serve as 26 an expert witness or as a consultant in this Action. 27 28 DB2/ 31774205.1 3 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 2.8 House Counsel: attorneys who are employees of a party to this Action. 2 House Counsel does not include Outside Counsel of Record or any other outside 3 counsel. 4 5 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 6 2.10 Outside Counsel of Record: attorneys who are not employees of a 7 party to this Action but are retained to represent or advise a party to this Action and 8 have appeared in this Action on behalf of that party or are affiliated with a law firm 9 which has appeared on behalf of that party, and includes support staff. 10 2.11 Party: any party to this Action, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and their 12 support staffs). 13 14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 15 2.13 Professional Vendors: persons or entities that provide litigation 16 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 17 demonstrations, and organizing, storing, or retrieving data in any form or medium) 18 and their employees and subcontractors. 19 20 2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 21 2.15 Receiving Party: a Party that receives Disclosure or Discovery 22 Material from a Producing Party. 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only 25 Protected Material (as defined above), but also (1) any information copied or 26 extracted from Protected Material; (2) all copies, excerpts, summaries, or 27 compilations of Protected Material; and (3) any testimony, conversations, or 28 presentations by Parties or their Counsel that might reveal Protected Material. DB2/ 31774205.1 4 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 Any use of Protected Material at trial shall be governed by the orders of the 2 trial judge. This Order does not govern the use of Protected Material at trial. 3 4. 4 DURATION Even after final disposition of this litigation, the confidentiality obligations 5 imposed by this Order shall remain in effect until a Designating Party agrees 6 otherwise in writing or a court order otherwise directs. Final disposition shall be 7 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 8 with or without prejudice; and (2) final judgment herein after the completion and 9 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 10 including the time limits for filing any motions or applications for extension of time 11 pursuant to applicable law. 12 5. 13 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 14 Each Party or Non-Party that designates information or items for protection under 15 this Order must take care to limit any such designation to specific material that 16 qualifies under the appropriate standards. The Designating Party must designate for 17 protection only those parts of material, documents, items, or oral or written 18 communications that qualify so that other portions of the material, documents, 19 items, or communications for which protection is not warranted are not swept 20 unjustifiably within the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations 22 that are shown to be clearly unjustified or that have been made for an improper 23 purpose (e.g., to unnecessarily encumber the case development process or to 24 impose unnecessary expenses and burdens on other parties) may expose the 25 Designating Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that it 27 designated for protection do not qualify for protection, that Designating Party must 28 promptly notify all other Parties that it is withdrawing the inapplicable designation. DB2/ 31774205.1 5 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 5.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 proceedings), that the Producing Party affix at a minimum, the legend 10 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 11 contains protected material. If only a portion or portions of the material on a page 12 qualifies for protection, the Producing Party also must clearly identify the protected 13 portion(s) (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents available for inspection 15 need not designate them for protection until after the inspecting Party has indicated 16 which documents it would like copied and produced. During the inspection and 17 before the designation, all of the material made available for inspection shall be 18 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 19 documents it wants copied and produced, the Producing Party must determine 20 which documents, or portions thereof, qualify for protection under this Order. 21 Then, before producing the specified documents, the Producing Party must affix the 22 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 23 portion or portions of the material on a page qualifies for protection, the Producing 24 Party also must clearly identify the protected portion(s) (e.g., by making 25 appropriate markings in the margins). 26 (b) for testimony given in depositions that the Designating Party 27 identify the Disclosure or Discovery Material on the record, before the close of the 28 deposition all protected testimony. DB2/ 31774205.1 6 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 (c) for information produced in some form other than documentary 2 and for any other tangible items, that the Producing Party affix in a prominent place 3 on the exterior of the container or containers in which the information is stored the 4 legend “CONFIDENTIAL.” If only a portion or portions of the information 5 warrants protection, the Producing Party, to the extent practicable, shall identify the 6 protected portion(s). 7 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 failure to designate qualified information or items does not, standing alone, waive 9 the Designating Party’s right to secure protection under this Order for such 10 material. Upon timely correction of a designation, the Receiving Party must make 11 reasonable efforts to assure that the material is treated in accordance with the 12 provisions of this Order. 13 6. 14 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 15 designation of confidentiality at any time that is consistent with the Court’s 16 Scheduling Order. 17 18 19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 6.3 The burden of persuasion in any such challenge proceeding shall be on 20 the Designating Party. Unless the Designating Party has waived or withdrawn the 21 confidentiality designation, all parties shall continue to afford the material in 22 question the level of protection to which it is entitled under the Producing Party’s 23 designation until the Court rules on the challenge. Frivolous challenges, and 24 those made for an improper purpose (e.g., to harass or impose 25 unnecessary expenses and burdens on other parties) may expose the 26 Challenging Party to sanctions. 27 28 DB2/ 31774205.1 7 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 2 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending, or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of section 13 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, 17 as well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this Action; 19 (b) the officers, directors, and employees (including House 20 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 21 Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to 23 whom disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 (f) professional jury or trial consultants, mock jurors, and 28 Professional Vendors to whom disclosure is reasonably necessary for this Action DB2/ 31774205.1 8 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 and who have signed the “Acknowledgment and Agreement to Be Bound” 2 (Exhibit A); 3 4 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 5 (h) during their depositions, witnesses ,and attorneys for witnesses, 6 in the Action to whom disclosure is reasonably necessary provided: (1) the 7 deposing party requests that the witness sign the form attached as Exhibit 1 hereto; 8 and (2) they will not be permitted to keep any confidential information unless they 9 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 10 otherwise agreed by the Designating Party or ordered by the court. Pages of 11 transcribed deposition testimony or exhibits to depositions that reveal Protected 12 Material may be separately bound by the court reporter and may not be disclosed to 13 anyone except as permitted under this Stipulated Protective Order; and 14 (i) any mediator or settlement officer, and their supporting 15 personnel, mutually agreed upon by any of the parties engaged in settlement 16 discussions. 17 8. 18 IN OTHER LITIGATION 19 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED If a Party is served with a subpoena or a court order issued in other litigation 20 that compels disclosure of any information or items designated in this Action as 21 “CONFIDENTIAL,” that Party must: 22 23 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or 25 order to issue in the other litigation that some or all of the material covered by the 26 subpoena or order is subject to this Protective Order. Such notification shall 27 include a copy of this Stipulated Protective Order; and 28 DB2/ 31774205.1 9 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 2 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with 4 the subpoena or court order shall not produce any information designated in this 5 action as “CONFIDENTIAL” before a determination by the court from which the 6 subpoena or order issued, unless the Party has obtained the Designating Party’s 7 permission. The Designating Party shall bear the burden and expense of seeking 8 protection in that court of its confidential material and nothing in these provisions 9 should be construed as authorizing or encouraging a Receiving Party in this Action 10 to disobey a lawful directive from another court. 11 9. 12 PRODUCED IN THIS LITIGATION A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 13 (a) The terms of this Order are applicable to information produced 14 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 15 information produced by Non-Parties in connection with this litigation is protected 16 by the remedies and relief provided by this Order. Nothing in these provisions 17 should be construed as prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery 19 request, to produce a Non-Party’s confidential information in its possession, and the 20 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the 23 Non-Party that some or all of the information requested is subject to a 24 confidentiality agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the 26 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 27 reasonably specific description of the information requested; and 28 DB2/ 31774205.1 10 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 2 (3) make the information requested available for inspection by the Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court 4 within 14 days of receiving the notice and accompanying information, the 5 Receiving Party may produce the Non-Party’s confidential information responsive 6 to the discovery request. If the Non-Party timely seeks a protective order, the 7 Receiving Party shall not produce any information in its possession or control that 8 is subject to the confidentiality agreement with the Non-Party before a 9 determination by the court. Absent a court order to the contrary, the Non-Party 10 shall bear the burden and expense of seeking protection in this court of its Protected 11 Material. 12 10. 13 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 14 Protected Material to any person or in any circumstance not authorized under this 15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 16 writing the Designating Party of the unauthorized disclosures, (b) use its best 17 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 18 person or persons to whom unauthorized disclosures were made of all the terms of 19 this Order, and (d) request such person or persons to execute the “Acknowledgment 20 and Agreement to Be Bound” that is attached hereto as Exhibit A. 21 11. 22 PROTECTED MATERIAL 23 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE When a Producing Party gives notice to Receiving Parties that certain 24 inadvertently produced material is subject to a claim of privilege or other 25 protection, the obligations of the Receiving Parties are those set forth in Federal 26 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 27 whatever procedure may be established in an e-discovery order that provides for 28 production without prior privilege review. Pursuant to Federal Rule of DB2/ 31774205.1 11 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of 2 disclosure of a communication or information covered by the attorney-client 3 privilege or work product protection, the parties may incorporate their agreement in 4 the stipulated protective order submitted to the court. 5 12. 6 7 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 8 12.2 Right to Assert Other Objections. By stipulating to the entry of this 9 Protective Order no Party waives any right it otherwise would have to object to 10 disclosing or producing any information or item on any ground not addressed in 11 this Stipulated Protective Order. Similarly, no Party waives any right to object on 12 any ground to use in evidence of any of the material covered by this Protective 13 Order. 14 12.3 Filing Protected Material. A Party that seeks to file under seal any 15 Protected Material must comply with Civil Local Rule 79-5. Protected Material 16 may only be filed under seal pursuant to a court order authorizing the sealing of the 17 specific Protected Material at issue. If a Party’s request to file Protected Material 18 under seal is denied by the court, then the Receiving Party may file the information 19 in the public record unless otherwise instructed by the court. 20 13. 21 FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 22 days of a written request by the Designating Party, each Receiving Party must 23 return all Protected Material to the Producing Party or destroy such material. As 24 used in this subdivision, “all Protected Material” includes all copies, abstracts, 25 compilations, summaries, and any other format reproducing or capturing any of the 26 Protected Material. Whether the Protected Material is returned or destroyed, the 27 Receiving Party must submit a written certification to the Producing Party (and, if 28 not the same person or entity, to the Designating Party) by the 60 day deadline that DB2/ 31774205.1 12 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 (1) identifies (by category, where appropriate) all the Protected Material that was 2 returned or destroyed and (2) affirms that the Receiving Party has not retained any 3 copies, abstracts, compilations, summaries or any other format reproducing or 4 capturing any of the Protected Material. Notwithstanding this provision, Counsel 5 are entitled to retain an archival copy of all pleadings, motion papers, trial, 6 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 7 and trial exhibits, expert reports, attorney work product, and consultant and expert 8 work product, even if such materials contain Protected Material. Any such archival 9 copies that contain or constitute Protected Material remain subject to this Protective 10 Order as set forth in Section 4 (DURATION). 11 14. 12 FOR GOOD CAUSE SHOWN, IT IS contempt proceedings and/or monetary measures including, without limitation,SO ORDERED. 13 sanctions. 14 DATED: October 4, 2017 Any violation of this Order may be punished by any and all appropriate KAREN L. STEVENSON UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DB2/ 31774205.1 13 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, 4 [print or type full name], of [print or type full address], declare under penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [date] in the case of Angela Tyler v. The Boeing Company, et al., Case No. 2:16- 8 CV-07610-AB-KS. I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item 12 that is subject to this Stipulated Protective Order to any person or entity except in 13 strict compliance with the provisions of this Order. I further agree to submit to the 14 jurisdiction of the United States District Court for the Central District of California 15 for the purpose of enforcing the terms of this Stipulated Protective Order, even if 16 such enforcement proceedings occur after termination of this action. I hereby 17 appoint 18 or type full address and telephone number] as my California agent for service of 19 process in connection with this action or any proceedings related to enforcement of 20 this Stipulated Protective Order. 21 Date: 22 City and State where signed: [print or type full name] of [print 23 24 Printed name: 25 Signature: 26 27 28 DB2/ 31774205.1 14 STIPULATED PROTECTIVE ORDER; CASE NO. 2:16-CV-07610-AB-KS

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