Rachel Yas v. Perkins Will, Inc. et al

Filing 28

PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order 24 (See order for details) (rh)

1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

RACHEL YAS, an individual,
Plaintiff,

12

15

STIPULATED PROTECTIVE ORDER

vs.

13
14

Case No. 2:16-cv-08904-CAS-KS

Complaint Filed:
Trial Date:

PERKINS + WILL, INC., a corporation;
CAGRI KANVER, an individual; and
DOES 1 through 10, inclusive,

09-21-2016
11-14-2017

Defendants.

16
17
18

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based

19

on the parties’ Stipulation Regarding Protective Order (“Stipulation”) filed on

20

July 19, 2017 and subsequent good cause statement, the terms of the protective

21

order to which the parties have agreed are adopted as a protective order of

22

this Court (which generally shall govern the pretrial phase of this action)

23

except to the extent, as set forth below, that those terms have been modified by

24

the Court’s amendment of the text on page 2 of the Stipulation and

25

paragraphs I.B(6), II.A(2), III.A, and III.B of the Stipulation.

26

\\

27

\\

28

\\
1
Stipulated Protective Order

Yas v. Perkins + Will, et al.
Case No. 2:16-cv-08904

AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED

1

AND MODIFIED BY THE COURT1

2
3

The parties to the above-captioned matter (“Action”) have and will propound

4
5

discovery and take depositions throughout this Action. Certain responsive

6

materials have and will contain private, confidential and/or proprietary information.

7

This information may and/or does include, but is not limited to, personnel or other

8

consumer records, financial information, banking records, investment trade records,

9

customer lists, contracts, marketing records, business protocols, private business

10

and transactional information, trade secrets, and other information not otherwise

11

available to the public or between parties (“Protected Information”). Given the

12

sensitivity of this information and the need to expedite the flow of information,

13

facilitate the prompt resolution of disputes over confidentiality of discovery

14

materials, adequately protect information the parties are entitled to keep

15

confidential, ensure that the parties are permitted reasonable necessary uses of

16

such material in preparation for and in the conduct of trial, address their

17

handling at the end of the litigation, and serve the ends of justice, there is good

18

cause for a protective order for such information in this matter. To protect the

19

confidentiality of this information, both parties stipulate as follows and request the

20

Court to issue a protective order containing the terms specified herein, pursuant to

21

Federal Rule of Civil Procedure 26 and U.S. District Court, Central District of

22

California, Local Rule 79-5. The parties agree this stipulation is effective

23

immediately and agree to abide by the terms of this stipulation whether or not the

24

Court issues the protective order requested herein. The parties further agree that

25

this stipulation shall operate prospectively only and that nothing produced prior to

26

the execution of this stipulation can be designated as confidential.

27

1

28

The Court’s additions to the agreed terms of the Protective Order are generally indicated in bold
typeface, and the Court’s deletions are indicated by lines through the text being deleted.
2
Stipulated Protective Order

Yas v. Perkins + Will, et al.
Case No. 2:16-cv-08904

1

I.

2

USE OF CONFIDENTIAL INFORMATION AND MATERIALS
IN DISCOVERY

3
4

A.

5

formal or informal means, any information or materials within the scope of Federal

6

Rules of Civil Procedure 26 through 27, including but not limited to documents,

7

deposition testimony, transcripts and exhibits, interrogatory responses, responses to

8

requests for admission, subpoenaed records and other written, recorded, electronic

9

or graphic materials, may be designated as confidential, as provided herein, by the

10

person or entity producing, submitting, filing or lodging it, or by any party to this

11

Action (the “Designator”). A Designator may only designate information and

12

material confidential when the Designator has a good faith belief that it contains

13

Protected Information subject to protection under Federal Rule of Civil Procedure

14

26(c). Information covered by these provisions shall be referred to in this

15

stipulation and order (“Stipulation”) as “Designated Material.” Designated

16

Material shall be used only in connection with the litigation among the parties.

17

Should privileged material be produced inadvertently as Designated Material, it is

18

agreed that such production shall not be deemed to be a waiver of any applicable

19

privilege.

20

B.

21

both parties to this Action or a prior Court order, parties may only disclose or

22

produce copies of Designated Material to the following persons or entities:

23
24
25

Designated Material: During discovery in this Action, whether done by

Access to Designated Material: Except with the prior written consent of

(1)

parties to this Action and their officers, directors and/or current

employees;
(2)

persons previously employed by Perkins + Will, Inc. (“P+W”) as of

26

the date the material at issue was created, and who had access to the material in the

27

course and scope of their duties;

28

(3)

the parties’ counsel in this Action, including in-house counsel and such
3

Stipulated Protective Order

Yas v. Perkins + Will, et al.
Case No. 2:16-cv-08904

1

counsel’s legal associates, paralegals, secretaries, office staffs and agents;
(4)

2

independent experts or consultants and their staffs who are retained to

3

assist counsel in this Action, provided such experts or consultants shall, prior to any

4

disclosure, execute a Certification to be bound by this Stipulation in the form

5

attached hereto as Exhibit A;
(5)

6
7

copying, computer coding or providing other document processing services;
(6)

8
9
10

third parties retained by counsel in this Action for purposes of

the Court and court personnel in this Action, including court reporters

and court officers, and subject to the terms set forth in section II of this Stipulation
where applicable;

11

(7)

any witness shown the materials during a deposition in this Action;

12

(8)

any witness (other than persons described in paragraph I.B.(7)),

13

provided they first execute a Certification to be bound by this Stipulation in the

14

form attached hereto as Exhibit A; and;
(9)

15
16

any person who appears as an author, addressee or recipient on the

face of the materials at issue.
In addition to the foregoing, P+W may disclose materials it has designated as

17
18

confidential (in the manner specified in section I.C below) to its customers,

19

vendors, affiliates, agents, and persons or entities of any kind as needed for

20

business or legal purposes.

21

C.

22

Designating Discovery Documents and Materials:
(1)

Designated Material disclosed in discovery must be marked

23

“CONFIDENTIAL” by the Designator. Where a document or response consists of

24

more than one page, the first page and each page or the portion thereof on which

25

confidential information appears shall be so marked.

26

(2)

In the case of materials produced by a non-party, any party may

27

obtain a written stipulation from all parties, or seek a protective order, to designate

28

such materials confidential and subject to the terms of this Stipulation.
4
Stipulated Protective Order

Yas v. Perkins + Will, et al.
Case No. 2:16-cv-08904

1

D.

(1)

2
3

Designating Deposition Transcripts and Exhibits:
Deposition transcripts or portions thereof may be designated as

confidential either:

4

(a)

at the deposition itself and by request of any party, or

5

(b)

by captioned written notice to the reporter, and all counsel of

6

record, given within 20 calendar days following notice from the

7

reporter that the transcript is available for review. When such

8

notice is served, all noticed counsel shall be responsible for

9

marking the copies of the designated transcript or portion

10

thereof in their possession or control as

11

“CONFIDENTIAL.” Until the 20 calendar days provided for in

12

this paragraph expire, the entire deposition transcript shall be

13

treated as if it had been designated “CONFIDENTIAL.”
(2)

14

Any party may mark Designated Material as a deposition exhibit and

15

examine any witness thereon, provided the exhibit and related transcript pages

16

receive the same confidentiality designation as the original Designated Material.
(3)

17

Where deposition testimony is expected to be designated confidential,

18

the Designator may exclude from the deposition all persons other than those to

19

whom the Designated Material may be disclosed under paragraph I.B of this

20

Stipulation.

21

E.

22

be made by or for persons and entities identified in paragraph I.B, provided all

23

copies are appropriately marked “CONFIDENTIAL.”

24

II.

Copies of Designated Material: Copies of Designated Material may only

USE OF CONFIDENTIAL INFORMATION AND MATERIALS IN
COURT

25
26
27
28

A.

Procedures for Submitting Records to the Court:
(1)

Fourteen (14) days before lodging and/or filing any Designated

Material in connection with any law and motion matter, a non-Designator shall
5
Stipulated Protective Order

Yas v. Perkins + Will, et al.
Case No. 2:16-cv-08904

1

submit the Designated Material to the Designator, and the parties shall meet and

2

confer regarding whether the Designated Material may be submitted to the Court in

3

a redacted form or in some other form. If the parties are unable to reach an

4

agreement regarding submission of the Designated Material, the Designator shall

5

file a motion to seal the Designated Material and shall comply with Local Rule 79-5

6

of the U.S. District Court, Central District of California.
(2)

7

For Designated Material to be used as evidence at trial, and as part of

8

the pre-trial meet and confer process, the parties will determine whether the

9

Designated Material may be used at trial in a redacted form or in some other form.

10

If the parties are unable to reach an agreement regarding the use of Designated

11

Material at trial, the Designator shall raise the issue with the Court in compliance

12

with the assigned district judge’s procedures or, if there are no relevant

13

procedures, by motion or otherwise, at the pre-trial conference scheduled in this

14

matter.
III.

15

MISCELLANEOUS PROVISIONS

16

A.

Subpoenas for Designated Material: If any person or entity subject to this

17

Stipulation receives a subpoena for production of Designated Material, such person

18

or entity shall promptly notify all counsel in this Action. Upon receipt of such

19

notice, the Designator may object in writing. The person or entity receiving the

20

subpoena shall not produce any Designated Material in response to the subpoena:

21

(1) without the prior written consent of the Designator; (2) while a motion for

22

protective order is pending; or (3) until the last day allowed for production where

23

no motion for protective order is filed. Nothing in this Protective Order should

24

be construed as authorizing a Receiving Party in this action to disobey a lawful

25

directive from another court.

26

B.

27

this Stipulation within 30 calendar days of the designation. A challenge may be

28

made by serving on all other parties a captioned notice of objection, which shall

Objections: A party may challenge the propriety of any designation under

6
Stipulated Protective Order

Yas v. Perkins + Will, et al.
Case No. 2:16-cv-08904

1

identify with particularity the Designated Material at issue, state the basis for each

2

challenge and propose a new designation for each item. The parties shall have

3

seven calendar days after service of an objection to meet and confer and attempt

4

resolution of the challenged designation (“Meet and Confer Period”). The material

5

at issue shall be deemed re-designated as proposed by the challenging party unless,

6

within 10 court days after expiration of the Meet and Confer Period, the Designator

7

has filed and served a motion for a protective order to maintain the original

8

designation, or to establish other confidentiality protections. The Designating

9

Party shall bear the burden of establishing the propriety of the challenged

10

designation. Notwithstanding any challenge to the designation of material as

11

confidential, all documents shall be treated as such and shall be subject to the

12

provisions of this Stipulation unless and until one of the following occurs:
(1)

13
14

the party or non-party who claims the material is confidential

withdraws such designation in writing; or
(2)

15

the party or non-party who claims the material is confidential fails to

16

timely apply to the Court for an order designating it as such as provided in this

17

paragraph above; or
(3)

18
19
20

C.

the Court rules the material is not confidential.

No Prejudice:
(1)

Nothing in this Stipulation shall preclude any party from seeking and

21

obtaining additional or different protection permitted by law with respect to the

22

confidentiality of any information or material.

23
24
25

(2)

This Stipulation shall not diminish any existing obligation or right with

respect to Designated Material.
(3)

The parties shall make best efforts to assert any claims of

26

confidentiality prior to, or at the time when, responsive discovery is disclosed. The

27

production of materials by any party shall be without prejudice to any claim by the

28

producing party that such material should have been designated as confidential.
7
Stipulated Protective Order

Yas v. Perkins + Will, et al.
Case No. 2:16-cv-08904

(4)

1

A party may assert a claim of confidentiality in writing and with

2

particularity within a reasonable time after learning of an inadvertent or mistaken

3

disclosure. The materials at issue shall then be treated as if the claim were made

4

prior to disclosure. If within a reasonable time after documents are inadvertently or

5

mistakenly disclosed the producing party asserts a claim that such documents are

6

confidential, the receiving parties shall take prompt steps to ensure all known

7

copies of the documents are promptly returned to the producing party for

8

designation. After designation, the producing party shall promptly return copies to

9

each of the receiving parties. The receiving parties may thereafter contest the claim

10

of confidentiality as set forth herein.

11

D.

12

request of the Designator, all Designated Material and all copies thereof shall,

13

within 30 days of such request, be: (1) returned to counsel for the party or non-

14

party that produced the material; or (2) destroyed. Notwithstanding this paragraph,

15

counsel for the parties may retain pleadings, correspondence, attorney and

16

consultant work product, and deposition transcripts and exhibits for archival

17

purposes.

18

E.

19

Final Disposition: Upon final termination of this Action, and at the written

Improper Disclosure:
(1)

The parties and their counsel are required to use reasonable care and

20

precaution to protect the confidentiality of material covered by this Stipulation. If

21

Designated Material submitted in accordance with the terms of this Stipulation is

22

disclosed to any person or entity other than in the manner authorized by the terms

23

herein, the party and/or person responsible for the disclosure must immediately

24

bring all pertinent facts relating to such disclosure to the attention of all uninvolved

25

parties and, without prejudice to any other rights under this Stipulation, make every

26

effort to prevent further disclosures by the persons or entities to whom the

27

information was disclosed.

28

(2)

The parties agree that the unauthorized disclosure of Designated
8

Stipulated Protective Order

Yas v. Perkins + Will, et al.
Case No. 2:16-cv-08904

1

Material may cause irreparable injury to the non-breaching party. Therefore, in the

2

event of any breach or threatened breach of the provisions herein, the non-

3

breaching party shall be entitled to seek immediate injunctive relief by way of ex

4

parte hearing or as otherwise allowed by law or equity. The decision by a non-

5

breaching party to seek such injunctive relief will be without prejudice to any other

6

rights or remedies, legal or equitable, which the non-breaching party might have in

7

the event of such a breach or threatened breach. A non-breaching party seeking or

8

obtaining relief under this provision shall not constitute a waiver or release of any

9

other rights or remedies available to such party.

10

F.

Survival: The binding effect of this Stipulation shall survive termination of

11

this Action, and the Court shall retain jurisdiction to enforce the Stipulation.

12
13
14

Good cause appearing, the terms of this Stipulation and Protective Order are
hereby approved and adopted.

15
16

IT IS SO ORDERED.

17
18

Dated:July 28, 2017

19

KAREN L. STEVENSON
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28

9
Stipulated Protective Order

Yas v. Perkins + Will, et al.
Case No. 2:16-cv-08904

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

RACHEL YAS, an individual,

11
12
13
14

Case No. 2:16-cv-08904-CAS-KS

Plaintiff,

STIPULATION AND PROTECTIVE
ORDER – EXHIBIT A

vs.
PERKINS + WILL, INC., a corporation;
CAGRI KANVER, an individual; and
DOES 1 through 10, inclusive,

15

Complaint Filed:
Trial Date:

09-21-2016
11-14-2017

Defendants.

16
17
18
19
20
21
22
23
24
25
26
27

1.

My name is ________________________. My current work or home (circle one)

address is _____________________________________________________________________.
2.

I have received and read a copy of the Stipulation and Protective Order (“Order”)

entered in this action. I understand the provisions of the Order and agree to comply with and be
bound by its provisions. I submit to the jurisdiction of this Court for purposes of enforcing any of
the terms of the Order.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this

day of

, 20____, at

,
(City)

.
(State)

28
10
Stipulated Protective Order

(Signature)
Yas v. Perkins + Will, et al.
Case No. 2:16-cv-08904