Manuel Vargas v. United Parcel Service, Inc. et al

Filing 26

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth. RE Stipulation for Protective Order 24 . NOTE CHANGES MADE BY THE COURT. (See Order for Further Details) (kl)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10

MANUEL VARGAS, an individual,

11
12
13
14
15

Plaintiffs,
vs.
UNITED PARCEL SERVICE,
INC., et al.
Defendants.

Case No. 2:16-cv-08387-AB-JPR
Honorable Andre Birotte, Jr.
Courtroom 4
STIPULATED PROTECTIVE
ORDER
NOTE CHANGES MADE BY THE
COURT

16
17
18
19

Defendant UNITED PARCEL SERVICE, INC., (“Defendant”), and

20

Plaintiff, MANUEL VARGAS (“Plaintiff”) (collectively “Parties”), acknowledge

21

discovery in this action is likely to involve production of confidential, proprietary,

22

or private information for which special protection from public disclosure and

23

from use for any purpose other than prosecuting this litigation may be warranted.

24

The parties acknowledge that this order does not confer blanket protections

25

on all disclosures or responses to discovery and that the protection it affords from

26

public disclosure and use extends only to the limited information or items that are

27

entitled to confidential treatment under the applicable legal principles. The parties

28
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 1

1

further acknowledge, as set forth in Section 12.3, below, that this order does not

2

entitle them to file confidential information under seal; Civil Local Rule 79-5 sets

3

forth the procedures that must be followed and the standards that will be applied

4

when a party seeks permission from the court to file material under seal.

5

Accordingly, the Parties agree to be bound by, and agree to instruct their

6

representatives to abide by, the terms of the following protective order, and hereby

7

stipulate to and petition the Court to enter the following stipulated protective order

8

(hereafter “Stipulated Protective Order” or “Order”).

9
10

IT IS STIPULATED:
1. Good Cause.

This action is likely to involve confidential and/or

11

proprietary information for which special protection from public disclosure and

12

from use for any purpose other than prosecution of this action is warranted. Such

13

confidential and proprietary materials and information consist of, among other

14

things, confidential business or financial information, information regarding

15

confidential business practices, or other confidential research, development, or

16

commercial information (including information implicating privacy rights of third

17

parties), information otherwise generally unavailable to the public, or which may

18

be privileged or otherwise protected from disclosure under state or federal

19

statutes, court rules, case decisions, or common law. Accordingly, to expedite the

20

flow of information, to facilitate the prompt resolution of disputes over

21

confidentiality of discovery materials, to adequately protect information the

22

Parties believe they are entitled to keep confidential, to ensure that the Parties are

23

permitted reasonable necessary uses of such material in preparation for trial, to

24

address their handling at the end of the litigation, and serve the ends of justice, a

25

protective order for such information is justified in this matter. It is the intent of

26

the Parties that information will not be designated as confidential for tactical

27

reasons and that nothing be so designated without a good faith belief that it has

28
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 2

1

been maintained in a confidential, non-public manner, and there is good cause

2

why it should not be part of the public record of this case.

3

2. Definitions.

4

(a)

Action: Manuel Vargas v. United Parcel Service, Inc., et al.

5

(b)

Challenging Party: a Party or Non-Party that challenges the

6
7

designation of information or items under this Order.
(c)

“CONFIDENTIAL”

Information

or

Items:

information

8

(regardless of how it is generated, stored or maintained) or tangible things that

9

qualify for protection under Federal Rule of Civil Procedure 26(c), and as

10

specified above.

11

(d)

12
13

Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).
(e)

Designating Party: a Party or Non-Party that designates information

14

or items that it produces in disclosures or in responses to discovery as

15

“CONFIDENTIAL.”

16

(f)

Discovery Material: all items or information, regardless of the

17

medium or manner in which it is generated, stored, or maintained (including,

18

among other things, testimony, transcripts, and tangible things), that are produced

19

or generated in disclosures or responses to discovery in this matter.

20

(g)

Expert: a person with specialized knowledge or experience in a

21

matter pertinent to the litigation who has been retained by a Party or its counsel to

22

serve as an expert witness or as a consultant in this Action.

23

(h)

House Counsel: attorneys who are employees of a party to this

24

Action. House Counsel does not include Outside Counsel of Record or any other

25

outside counsel.

26

(i)

27

Non-Party: any natural person, partnership, corporation, association,

or other legal entity not named as a Party to this action.

28
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 3

1

(j)

Outside Counsel of Record: attorneys who are not employees of a

2

party to this Action but are retained to represent or advise a party to this Action

3

and have appeared in this Action on behalf of that party or are affiliated with a law

4

firm which has appeared on behalf of that party, and includes support staff.

5

(k)

Party: any party to this Action, including all of its officers, directors,

6

employees, consultants, retained experts, and Outside Counsel of Record (and

7

their support staffs).

8
9
10

(l)

Producing Party: a Party or Non-Party that produces Discovery

Material in this Action.
(m)

Professional Vendors: persons or entities that provide litigation

11

support services (e.g., photocopying, videotaping, translating, preparing exhibits

12

or demonstrations, and organizing, storing, or retrieving data in any form or

13

medium) and their employees and subcontractors.

14
15

(n)

Confidential Material: any Discovery Material that is designated as

“CONFIDENTIAL.”

16

(o)

17

Producing Party.

Receiving Party: a Party that receives Discovery Material from a

18

3. Scope. The protections conferred by this Stipulated Protective Order cover

19

not only Confidential Material (as defined above), but also (1) any information

20

copied or extracted from Confidential Material; (2) all copies, excerpts,

21

summaries, or compilations of Confidential Material; and (3) any testimony,

22

conversations, or presentations by Parties or their Counsel that might reveal

23

Confidential Material.

24
25
26

Any use of Confidential Material at trial shall be governed by the orders of the
trial judge. This Order does not govern the use of Confidential Material at trial.
4. Duration.

27

Even after final disposition of this litigation, the confidentiality obligations

28

imposed by this Order shall remain in effect until a Designating Party agrees
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 4

1

otherwise in writing or a court order otherwise directs. Final disposition shall be

2

deemed to be the later of (1) dismissal of all claims and defenses in this Action,

3

with or without prejudice; and (2) final judgment herein after the completion and

4

exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

5

including the time limits for filing any motions or applications for extension of

6

time pursuant to applicable law.

7
8

5. Designating Confidential Information.
(a)

Exercise of Restraint and Care in Designating Material for

9

Protection. Each Party or Non-Party that designates information or items for

10

protection under this Order must take care to limit any such designation to specific

11

material that qualifies under the appropriate standards. The Designating Party

12

must designate for protection only those parts of material, documents, items, or

13

oral or written communications that qualify so that other portions of the material,

14

documents, items, or communications for which protection is not warranted are

15

not swept unjustifiably within the ambit of this Order.

16

Mass,

indiscriminate,

or

routinized

designations

are

prohibited.

17

Designations that are shown to be clearly unjustified or that have been made for

18

an improper purpose (e.g., to unnecessarily encumber the case development

19

process or to impose unnecessary expenses and burdens on other parties) may

20

expose the Designating Party to sanctions.

21

If it comes to a Designating Party’s attention that information or items that

22

it designated for protection do not qualify for protection that Designating Party

23

must promptly notify all other Parties that it is withdrawing the inapplicable

24

designation.

25

(b)

Manner and Timing of Designations. Except as otherwise provided

26

in this Order (see, e.g., second paragraph of section b(i) below), or as otherwise

27

stipulated or ordered, Discovery Material that qualifies for protection under this

28

Order must be clearly so designated before the material is disclosed or produced.
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 5

1
2

Designation in conformity with this Order requires:
i.

for information in documentary form (e.g., paper or electronic

3

documents, but excluding transcripts of depositions or other pretrial or trial

4

proceedings), that the Producing Party affix at a minimum, the legend

5

“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

6

contains protected material. If only a portion or portions of the material on a page

7

qualifies for protection, the Producing Party also must clearly identify the

8

protected portion(s) (e.g., by making appropriate markings in the margins).

9

A Party or Non-Party that makes original documents available for

10

inspection need not designate them for protection until after the inspecting Party

11

has indicated which documents it would like copied and produced. During the

12

inspection and before the designation, all of the material made available for

13

inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has

14

identified the documents it wants copied and produced, the Producing Party must

15

determine which documents, or portions thereof, qualify for protection under this

16

Order. Then, before producing the specified documents, the Producing Party must

17

affix the “CONFIDENTIAL legend” to each page that contains Protected

18

Material. If only a portion or portions of the material on a page qualifies for

19

protection, the Producing Party also must clearly identify the protected portion(s)

20

(e.g., by making appropriate markings in the margins).

21
22
23

ii.

for testimony given in depositions, that the Designating Party

identify the Discovery Material on the record, before the close of the deposition.
iii.

for information produced in some form other than documentary

24

and for any other tangible items, that the Producing Party affix in a prominent

25

place on the exterior of the container or containers in which the information is

26

stored the legend “CONFIDENTIAL.”

27

information warrants protection, the Producing Party, to the extent practicable,

28

shall identify the protected portion(s).
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

If only a portion or portions of the

Case No: 2:16-cv-08387-AB-JPR
Page 6

1

(c)

Inadvertent Failures to Designate. If timely corrected, an inadvertent

2

failure to designate qualified information or items does not, standing alone, waive

3

the Designating Party’s right to secure protection under this Order for such

4

material. Upon timely correction of a designation, the Receiving Party must make

5

reasonable efforts to assure that the material is treated in accordance with the

6

provisions of this Order.

7
8
9
10
11
12
13

6. Challenging Confidential Designations.
(a)

Timing of Challenges.

Any Party or Non-Party may challenge a

designation of confidentiality at any time that is consistent with the Court’s
Scheduling Order.
(b)

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
(c)

The burden of persuasion in any such challenge proceeding shall be

14

on the Designating Party. Frivolous challenges, and those made for an improper

15

purpose (e.g., to harass or impose unnecessary expenses and burdens on other

16

parties) may expose the Challenging Party to sanctions. Unless the Designating

17

Party has waived or withdrawn the confidentiality designation all parties shall

18

continue to afford the material in question the level of protection to which it is

19

entitled under the Producing Party’s designation until the Court rules on the

20

challenge.

21
22

7. Access to and Use of Confidential Material
(a)

Basic Principles. A Receiving Party may use Confidential Material

23

that is disclosed or produced by another Party or by a Non-Party in connection

24

with this Action only for prosecuting, defending, or attempting to settle this

25

Action. Such Confidential Material may be disclosed only to the categories of

26

persons and under the conditions described in this Order. When the Action has

27

been terminated, a Receiving Party must comply with the provisions of section

28

13 below (Final Disposition).
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 7

1

Confidential Material must be stored and maintained by a Receiving Party

2

at a location and in a secure manner that ensures that access is limited to the

3

persons authorized under this Order.

4

(b)

Disclosure of “CONFIDENTIAL” Information or Items. Unless

5

otherwise ordered by the court or permitted in writing by the Designating Party, a

6

Receiving

7

“CONFIDENTIAL” only to:

Party

may

disclose

any

information

or

item

designated

8

i. the Receiving Party’s Outside Counsel of Record in this Action, as

9

well as employees of said Outside Counsel of Record to whom it is reasonably

10
11
12

necessary to disclose the information for this Action;
ii. the officers, directors, and employees (including House Counsel) of
the Receiving Party to whom disclosure is reasonably necessary for this Action;

13

iii. Experts (as defined in this Order) of the Receiving Party to whom

14

disclosure is reasonably necessary for this Action and who have signed the

15

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

16
17
18

iv. the court and its personnel;
v. court reporters and their staff;
vi. professional jury or trial consultants, mock jurors, and Professional

19

Vendors to whom disclosure is reasonably necessary for this Action and who have

20

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

21
22
23

vii.

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;
viii.

during their depositions, witnesses, and attorneys for witnesses, in the

24

Action to whom disclosure is reasonably necessary provided: (1) the deposing

25

party requests that the witness sign the form attached as Exhibit A hereto; and (2)

26

they will not be permitted to keep any confidential information unless they sign

27

the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

28

otherwise agreed by the Designating Party or ordered by the court. Pages of
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 8

1

transcribed deposition testimony or exhibits to depositions that reveal Confidential

2

Material may be separately bound by the court reporter and may not be disclosed

3

to anyone except as permitted under this Stipulated Protective Order; and

4

ix.

any mediator or settlement officer, and their supporting personnel,

5

mutually agreed upon by any of the parties engaged in settlement discussions or

6

ordered by the Court.

7

8. Confidential Material Subpoenaed or Ordered Produced in Other

8

Litigation. If a Party is served with a subpoena or a court order issued in other

9

litigation that compels disclosure of any information or items designated in this

10

Action as “CONFIDENTIAL,” that Party must:

11
12

(a)

promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order unless prohibited by law;

13

(b)

promptly notify in writing the party who caused the subpoena or

14

order to issue in the other litigation that some or all of the material covered by the

15

subpoena or order is subject to this Protective Order. Such notification shall

16

include a copy of this Stipulated Protective Order; and

17
18

(c)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Confidential Material may be affected.

19

If the Designating Party timely seeks a protective order, the Party served

20

with the subpoena or court order shall not produce any information designated in

21

this action as “CONFIDENTIAL” before a determination by the court from which

22

the subpoena or order issued, unless the Party has obtained the Designating

23

Party’s permission. The Designating Party shall bear the burden and expense of

24

seeking protection in that court of its confidential material and nothing in these

25

provisions should be construed as authorizing or encouraging a Receiving Party in

26

this Action to disobey a lawful directive from another court.

27

///

28

///
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 9

1
2

///
9. A Non-Party’s Confidential Material Sought to be Produced in this

3

Litigation.

4

(a)

The terms of this Order are applicable to information produced by a

5

Non-Party in this Action and designated as “CONFIDENTIAL.”

6

information produced by Non-Parties in connection with this litigation is protected

7

by the remedies and relief provided by this Order. Nothing in these provisions

8

should be construed as prohibiting a Non-Party from seeking additional

9

protections.

10

(b)

Such

In the event that a Party is required, by a valid discovery request, to

11

produce a Non-Party’s confidential information in its possession, and the Party is

12

subject to an agreement with the Non-Party not to produce the Non-Party’s

13

confidential information, then the Party shall:

14

1. promptly notify in writing the Requesting Party and the Non-Party

15

that some or all of the information requested is subject to a

16

confidentiality agreement with a Non-Party;

17

2. promptly provide the Non-Party with a copy of the Stipulated

18

Protective Order in this Action, the relevant discovery request(s), and a reasonably

19

specific description of the information requested; and

20
21
22

3. make the information requested available for inspection by the
Non-Party, if requested.
(c)

If the Non-Party fails to seek a protective order from this court within

23

14 days of receiving the notice and accompanying information, the Receiving

24

Party may produce the Non-Party’s confidential information responsive to the

25

discovery request. If the Non-Party timely seeks a protective order, the Receiving

26

Party shall not produce any information in its possession or control that is subject

27

to the confidentiality agreement with the Non-Party before a determination by the

28
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 10

1

court. Absent a court order to the contrary, the Non-Party shall bear the burden

2

and expense of seeking protection in this court of its Protected Material.

3

10. Unauthorized Disclosure of Protected Material. If a Receiving Party

4

learns that, by inadvertence or otherwise, it has disclosed Confidential Material to

5

any person or in any circumstance not authorized under this Stipulated Protective

6

Order, the Receiving Party must immediately (a) notify in writing the Designating

7

Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

8

unauthorized copies of the Protected Material, (c) inform the person or persons to

9

whom unauthorized disclosures were made of all the terms of this Order, and (d)

10

request such person or persons to execute the “Acknowledgment and Agreement

11

to Be Bound” that is attached hereto as Exhibit A.

12

11. Inadvertent Production of Privileged or Otherwise Protected

13

Material. When a Producing Party gives notice to Receiving Parties that certain

14

inadvertently produced material is subject to a claim of privilege or other

15

protection, the obligations of the Receiving Parties are those set forth in Federal

16

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

17

whatever procedure may be established in an e-discovery order that provides for

18

production without prior privilege review. Pursuant to Federal Rule of Evidence

19

502(d) and (e), insofar as the parties reach an agreement on the effect of

20

disclosure of a communication or information covered by the attorney-client

21

privilege or work product protection, the parties may incorporate their agreement

22

in the stipulated protective order submitted to the court provided the Court so

23

allows.

24
25
26

12. Miscellaneous.
(a) Right to Further Relief. Nothing in this Order abridges the right of
any person to seek its modification by the Court in the future.

27

(b) Right to Assert Other Objections. By stipulating to the entry of

28

this Protective Order no Party waives any right it otherwise would have to object
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 11

1

to disclosing or producing any information or item on any ground not addressed in

2

this Stipulated Protective Order. Similarly, no Party waives any right to object on

3

any ground to use in evidence of any of the material covered by this Protective

4

Order.

5

(c) Filing Protected Material. A Party that seeks to file under seal any

6

Confidential Material must comply with Civil Local Rule 79-5. Confidential

7

Material may only be filed under seal pursuant to a court order authorizing the

8

sealing of the specific Confidential Material at issue. If a Party's request to file

9

Confidential Material under seal is denied by the court, then the Receiving Party

10

may file the information in the public record unless otherwise instructed by the

11

court.

12

13. Final Disposition. After the final disposition of this Action, as defined in

13

paragraph 4, within 60 days of a written request by the Designating Party, each

14

Receiving Party must return all Confidential Material to the Producing Party or

15

destroy such material. As used in this subdivision, “all Confidential Material”

16

includes all copies, abstracts, compilations, summaries, and any other format

17

reproducing or capturing any of the Confidential Material. Whether the

18

Confidential Material is returned or destroyed, the Receiving Party must submit a

19

written certification to the Producing Party (and, if not the same person or entity,

20

to the Designating Party) by the 60 day deadline that (1) identifies (by category,

21

where appropriate) all the Confidential Material that was returned or destroyed

22

and (2)affirms that the Receiving Party has not retained any copies, abstracts,

23

compilations, summaries or any other format reproducing or capturing any of the

24

Confidential Material. Notwithstanding this provision, Counsel are entitled to

25

retain an archival copy of all pleadings, motion papers, trial, deposition, and

26

hearing transcripts, legal memoranda, correspondence, deposition and trial

27

exhibits, expert reports, attorney work product, and consultant and expert work

28

product, even if such materials contain Confidential Material. Any such archival
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 12

1

copies that contain or constitute Confidential Material remain subject to this

2

Protective Order as set forth in Section 4 (Duration).

3

14. Any violation of this Order may be punished by any and all appropriate

4

measures, including without limitation, contempt proceedings, and/or monetary

5

sanctions.

6
7

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: November 13, 2017

8

RAYAS LAW
By: /s/ Jonathan Rayas
Jonathan Rayas, Esq.
Attorney for Plaintiff
MANUEL VARGAS

9
10
11
12
13

Dated: November 13, 2017

BROWN LAW GROUP
By: /s/ Dana C. Nicholas
Stacy L. Fode, Esq.
Dana C. Nicholas, Esq.
Attorneys for Defendant
UNITED PARCEL SERVICE, INC.

14
15
16
17
18
19
20

PURSUANT TO STIPULATION, IT IS SO ORDERED.

21
22

DATED: November 13, 2017

23
24
25

_____________________________________
JEAN ROSENBLUTH
Hon. Jean P. Rosenbluth
United States Magistrate Judge

26
27
28
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 13

1
2

EXHIBIT “A”
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I, _____________________________ [print or type full name], of

5

_________________ [print or type full address], declare under penalty of perjury

6

that I have read in its entirety and understand the Stipulated Protective Order that

7

was issued by the United States District Court for the Central District of

8

California on _____ in the case of Vargas v. United Parcel Service, Inc. I agree to

9

comply with and to be bound by all the terms of this Stipulated Protective Order

10

and I understand and acknowledge that failure to so comply could expose me to

11

sanctions and punishment in the nature of contempt. I solemnly promise that I will

12

not disclose in any manner any information or item that is subject to this

13

Stipulated Protective Order to any person or entity except in strict compliance

14

with the provisions of this Order. I further agree to submit to the jurisdiction of

15

the United States District Court for the Central District of California for the

16

purpose of enforcing the terms of this Stipulated Protective Order, even if such

17

enforcement proceedings occur after termination of this action. I hereby appoint

18

__________________________

19

_______________________________________ [print or type full address and

20

telephone number] as my California agent for service of process in connection

21

with this action or any proceedings related to enforcement of this Stipulated

22

Protective Order.

23

Date: ______________________________________
City and State where sworn and signed: _________________________________

24

[print

or

type

full

name]

of

25
26

Printed name: _______________________________

27
28

Signature: __________________________________
VARGAS V. UNITED PARCEL SERVICE, INC. et al.
STIPULATED PROTECTIVE ORDER

Case No: 2:16-cv-08387-AB-JPR
Page 14