Dora Mendoza v. AT and T Mobility LLC et al

Filing 19

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order 18 . (See document for complete details) (afe)

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1 Lisa C. Hamasaki (SBN 197628) lch@millerlawgroup.com 2 MILLER LAW GROUP 3 A Professional Corporation 4 111 Sutter Street, Suite 700 San Francisco, CA 94104 5 Tel: (415) 464-4300 6 Fax: (415) 464-4336 A PRO FESSI O NAL CO RPO RATI O N 7 Holly R. Lake (SBN 204304) 8 hlake@millerlawgroup.com MILLER LAW GROUP 9 A Professional Corporation 10 11845 West Olympic Boulevard, Suite 910W Los Angeles, CA 90064-1149 11 Tel: (310) 943-8500 12 Fax (310) 943-8501 13 Attorneys for Defendants 14 AT&T MOBILITY SERVICES LLC (erroneously sued as AT&T MOBILITY 15 LLC) 16 ADDITIONAL COUNSEL LISTED ON NEXT PAGE 17 18 UNITED STATES DISTRICT COURT 19 CENTRAL DISTRICT OF CALIFORNIA 20 21 DORA MENDOZA, an Individual, Case No.: 2:17-cv-03516 ODW (ASx) 22 23 Plaintiff, DISCOVERY MATTER 24 v. STIPULATED PROTECTIVE ORDER 25 AT&T MOBILITY LLC and DOES 1 26 through 25, inclusive; 27 Defendants. 28 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) 1 Harout Messrelian (SBN 272020) hmessrelianlaw@gmail.com 2 MESSRELIAN LAW INC. 3 101 N Brand Boulevard, Suite 1970 4 Glendale, CA 91203-4606 Tel: (818) 484-6531 5 Fax: (818) 956-1983 6 Attorneys for Plaintiff 7 DORA MENDOZA 8 9 10 11 12 13 A PRO FESSI O NAL CO RPO RATI O N 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) 1 1. 2 A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be 5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does not 7 confer blanket protections on all disclosures or responses to discovery and that the 8 protection it affords from public disclosure and use extends only to the limited information 9 or items that are entitled to confidential treatment under the applicable legal principles. 10 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 11 Protective Order does not entitle them to file confidential information under seal; Civil 12 Local Rule 79-5 sets forth the procedures that must be followed and the standards that 13 will be applied when a party seeks permission from the Court to file material under seal. A PRO FESSI O NAL CO RPO RATI O N 14 15 B. GOOD CAUSE STATEMENT 16 This action is likely to involve trade secrets, development, commercial, 17 financial, technical and/or confidential and proprietary information for which special 18 protection from public disclosure and from use for any purpose other than prosecution 19 of this action is warranted. Such confidential and proprietary materials and information 20 consist of, among other things, confidential business or financial information, information 21 regarding confidential business practices, or other confidential or commercial 22 information (including information implicating privacy rights of current and/or former 23 employees of AT&T Mobility Services LLC (“Defendant”), customers, as well as third 24 parties), information otherwise generally unavailable to the public, or which may be 25 privileged or otherwise protected from disclosure under state or federal statutes, court 26 rules, case decisions, or common law. Accordingly, to expedite the flow of information, 27 to facilitate the prompt resolution of disputes over confidentiality of discovery materials, 28 to adequately protect information the parties are entitled to keep confidential, to ensure 1 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) 1 that the parties are permitted reasonable necessary uses of such material in preparation for 2 and in the conduct of trial, to address their handling at the end of the litigation, and serve 3 the ends of justice, a protective order for such information is justified in this matter. It is 4 the intent of the parties that information will not be designated as confidential for tactical 5 reasons and that nothing be so designated without a good faith belief that it has been 6 maintained in a confidential non-public manner, and there is good cause why it should not 7 be part of the public record of this case. 8 9 2. DEFINITIONS 2.1 10 Action: Dora Mendoza, an Individual, v. AT&T Mobility LLC and 11 Does 1 through 25, inclusive; 1 Case No. 2:17-cv-03516 ODW (ASx), pending before the 12 United States District Court, Central District of California. 2.2 13 Challenging Party: a Party or Non-Party that challenges the A PRO FESSI O NAL CO RPO RATI O N 14 designation of information or items under this Order. 2.3 15 “CONFIDENTIAL” Information or Items: information (regardless of 16 how it is generated, stored or maintained) or tangible things that qualify for protection 17 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 18 Statement. 2.4 19 Counsel: Outside Counsel of Record and House Counsel (as well as 20 their support staff). 2.5 21 Designating Party: a Party or Non-Party that designates information 22 or items that it produces in disclosures or in responses to discovery as 23 “CONFIDENTIAL.” 24 25 26 27 28 1 Plaintiff originally filed this lawsuit naming AT&T Mobility LLC as the Defendant but has since come to learn that the proper defendant, and Plaintiff’s former employer, was actually AT&T Mobility Services LLC. As such, the parties agreed that AT&T Mobility Services LLC will stand in the place of AT&T Mobility LLC and that AT&T Mobility Services LLC shall be considered the defendant in this case. 2 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) 1 2.6 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, among 3 other things, testimony, transcripts, and tangible things), that are produced or generated 4 in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 7 expert witness or as a consultant in this Action. 8 2.8 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside counsel. 10 2.9 Non-Party: any natural person, partnership, corporation, association, 11 or other legal entity not named as a Party to this action. 12 2.10 Outside Counsel of Record: attorneys who are not employees of a 13 party to this Action but are retained to represent or advise a party to this Action and have A PRO FESSI O NAL CO RPO RATI O N 14 appeared in this Action on behalf of that party or are affiliated with a law firm which has 15 appeared on behalf of that party, and includes support staff. 16 2.11 Party: any party to this Action, including all of its officers, directors, 17 employees, consultants, retained experts, and Outside Counsel of Record (and their 18 support staffs). 19 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 20 Discovery Material in this Action. 21 2.13 Professional Vendors: persons or entities that provide litigation 22 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 23 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 24 their employees and subcontractors. 25 2.14 Protected Material: any Disclosure or Discovery Material that is 26 designated as “CONFIDENTIAL.” 27 2.15 Receiving Party: a Party that receives Disclosure or Discovery 28 Material from a Producing Party. 3 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) 1 3. 2 SCOPE The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or extracted 4 from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 5 Material; and (3) any testimony, conversations, or presentations by Parties or their 6 Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 10 4. 11 DURATION Even after final disposition of this litigation, the confidentiality obligations 12 imposed by this Order shall remain in effect until a Designating Party agrees otherwise in 13 writing or a court order otherwise directs. Final disposition shall be deemed to be the later A PRO FESSI O NAL CO RPO RATI O N 14 of (1) dismissal of all claims and defenses in this Action, with or without prejudice; and 15 (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, 16 remands, trials, or reviews of this Action, including the time limits for filing any motions 17 or applications for extension of time pursuant to applicable law. 18 19 5. 20 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 21 Each Party or Non-Party that designates information or items for protection under this 22 Order must take care to limit any such designation to specific material that qualifies under 23 the appropriate standards. The Designating Party must designate for protection only those 24 parts of material, documents, items, or oral or written communications that qualify so that 25 other portions of the material, documents, items, or communications for which protection 26 is not warranted are not swept unjustifiably within the ambit of this Order. 27 Mass, indiscriminate, or routinized designations are prohibited. Designations 28 that are shown to be clearly unjustified or that have been made for an improper purpose 4 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) 1 (e.g., to unnecessarily encumber the case development process or to impose unnecessary 2 expenses and burdens on other parties) may expose the Designating Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, that Designating Party must 5 promptly notify all other Parties that it is withdrawing the inapplicable designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in 7 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 8 or ordered, Disclosure or Discovery Material that qualifies for protection under this Order 9 must be clearly so designated before the material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic 12 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), 13 that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter A PRO FESSI O NAL CO RPO RATI O N 14 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 15 portion or portions of the material on a page qualifies for protection, the Producing Party 16 also must clearly identify the protected portion(s) (e.g., by making appropriate markings 17 in the margins). 18 A Party or Non-Party that makes original documents available for 19 inspection need not designate them for protection until after the inspecting Party has 20 indicated which documents it would like copied and produced. During the inspection and 21 before the designation, all of the material made available for inspection shall be deemed 22 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 23 copied and produced, the Producing Party must determine which documents, or portions 24 thereof, qualify for protection under this Order. Then, before producing the specified 25 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 26 that contains Protected Material. If only a portion or portions of the material on a page 27 qualifies for protection, the Producing Party also must clearly identify the protected 28 portion(s) (e.g., by making appropriate markings in the margins). 5 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) (b) 1 for testimony given in depositions that the Designating Party 2 identify the Disclosure or Discovery Material on the record, before the close of the 3 deposition all protected testimony. (c) 4 for information produced in some form other than documentary 5 and for any other tangible items, that the Producing Party affix in a prominent place on 6 the exterior of the container or containers in which the information is stored the legend 7 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 8 the Producing Party, to the extent practicable, shall identify the protected portion(s). 5.3 9 Inadvertent Failure to Designate. If timely corrected, an inadvertent 10 failure to designate qualified information or items does not, standing alone, waive the 11 Designating Party’s right to secure protection under this Order for such material. Upon 12 timely correction of a designation, the Receiving Party must make reasonable efforts to 13 assure that the material is treated in accordance with the provisions of this Order. A PRO FESSI O NAL CO RPO RATI O N 14 15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 17 designation of confidentiality at any time that is consistent with the Court’s Scheduling 18 Order. 19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 20 resolution process under Local Rule 37-1, et seq. 21 6.3 The burden of persuasion in any such challenge proceeding shall be 22 on the Designating Party. Frivolous challenges, and those made for an improper purpose 23 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose 24 the Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 25 the confidentiality designation, all parties shall continue to afford the material in question 26 the level of protection to which it is entitled under the Producing Party’s designation until 27 the Court rules on the challenge. 28 6 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that 3 is disclosed or produced by another Party or by a Non-Party in connection with this Action 4 only for prosecuting, defending, or attempting to settle this Action. Such Protected 5 Material may be disclosed only to the categories of persons and under the conditions 6 described in this Order. When the Action has been terminated, a Receiving Party must 7 comply with the provisions of section 13 below (FINAL DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a 9 location and in a secure manner that ensures that access is limited to the persons authorized 10 under this Order. 11 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 12 otherwise ordered by the Court or permitted in writing by the Designating Party, a 13 Receiving Party may disclose any information or item designated “CONFIDENTIAL” A PRO FESSI O NAL CO RPO RATI O N 14 only to: 15 (a) the Receiving Party’s Outside Counsel of Record in this Action, 16 as well as employees of said Outside Counsel of Record to whom it is reasonably 17 necessary to disclose the information for this Action; 18 (b) the officers, directors, and employees (including House 19 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 20 Action; 21 (c) Experts (as defined in this Order) of the Receiving Party to 22 whom disclosure is reasonably necessary for this Action and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the Court and its personnel; 25 (e) court reporters and their staff; 26 (f) professional jury or trial consultants, mock jurors, and 27 Professional Vendors to whom disclosure is reasonably necessary for this Action and who 28 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) (g) 1 the author or recipient of a document containing the information 2 or a custodian or other person who otherwise possessed or knew the information; (h) 3 during their depositions, witnesses, and attorneys for witnesses, 4 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing party 5 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not 6 be permitted to keep any confidential information unless they sign the “Acknowledgment 7 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 8 Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to 9 depositions that reveal Protected Material may be separately bound by the court reporter 10 and may not be disclosed to anyone except as permitted under this Stipulated Protective 11 Order; and (i) any mediator or settlement officer, and their supporting personnel, 12 13 mutually agreed upon by any of the parties engaged in settlement discussions. A PRO FESSI O NAL CO RPO RATI O N 14 15 16 17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation 18 that compels disclosure of any information or items designated in this Action as 19 “CONFIDENTIAL,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such 21 notification shall include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena 23 or order to issue in the other litigation that some or all of the material covered by the 24 subpoena or order is subject to this Protective Order. Such notification shall include a 25 copy of this Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be 27 pursued by the Designating Party whose Protected Material may be affected. 28 8 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) 1 If the Designating Party timely seeks a protective order, the Party served with 2 the subpoena or court order shall not produce any information designated in this action as 3 “CONFIDENTIAL” before a determination by the Court from which the subpoena or 4 order issued, unless the Party has obtained the Designating Party’s permission. The 5 Designating Party shall bear the burden and expense of seeking protection in that Court 6 of its confidential material and nothing in these provisions should be construed as 7 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 8 from another Court. 9 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11 PRODUCED IN THIS LITIGATION 12 (a) The terms of this Order are applicable to information produced 13 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such information A PRO FESSI O NAL CO RPO RATI O N 14 produced by Non-Parties in connection with this litigation is protected by the remedies 15 and relief provided by this Order. Nothing in these provisions should be construed as 16 prohibiting a Non-Party from seeking additional protections. 17 (b) In the event that a Party is required, by a valid discovery request, 18 to produce a Non-Party’s confidential information in its possession, and the Party is 19 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 20 information, then the Party shall: 21 (1) promptly notify in writing the Requesting Party and the 22 Non-Party that some or all of the information requested is subject to a confidentiality 23 agreement with a Non-Party; 24 (2) promptly provide the Non-Party with a copy of the 25 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 26 reasonably specific description of the information requested; and 27 (3) make the information requested available for inspection 28 by the Non-Party, if requested. 9 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) (c) 1 If the Non-Party fails to seek a protective order from this Court 2 within 14 days of receiving the notice and accompanying information, the Receiving Party 3 may produce the Non-Party’s confidential information responsive to the discovery 4 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 5 produce any information in its possession or control that is subject to the confidentiality 6 agreement with the Non-Party before a determination by the Court. Absent a court order 7 to the contrary, the Non-Party shall bear the burden and expense of seeking protection in 8 this Court of its Protected Material. 9 10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing A PRO FESSI O NAL CO RPO RATI O N 14 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 15 all unauthorized copies of the Protected Material, (c) inform the person or persons to 16 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 17 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 18 that is attached hereto as Exhibit A. 19 20 21 22 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other protection, the 24 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 25 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 26 established in an e-discovery order that provides for production without prior privilege 27 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach 28 an agreement on the effect of disclosure of a communication or information covered by 10 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) 1 the attorney-client privilege or work product protection, the parties may incorporate their 2 agreement in the stipulated protective order submitted to the Court. 3 4 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification by the Court in the future. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order, no Party waives any right it otherwise would have to object to disclosing 9 or producing any information or item on any ground. Similarly, no Party waives any right 10 to object on any ground to use in evidence of any of the material covered by this Protective 11 Order. 12 12.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only A PRO FESSI O NAL CO RPO RATI O N 14 be filed under seal pursuant to a court order authorizing the sealing of the specific 15 Protected Material at issue. If a Party's request to file Protected Material under seal is 16 denied by the Court, then the Receiving Party may file the information in the public record 17 unless otherwise instructed by the Court. 18 19 13. FINAL DISPOSITION 20 After the final disposition of this Action, as defined in section 4, within 60 21 days of a written request by the Designating Party, each Receiving Party must return all 22 Protected Material to the Producing Party or destroy such material. As used in this 23 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 24 summaries, and any other format reproducing or capturing any of the Protected Material. 25 Whether the Protected Material is returned or destroyed, the Receiving Party must submit 26 a written certification to the Producing Party (and, if not the same person or entity, to the 27 Designating Party) by the 60 day deadline that (1) identifies (by category, where 28 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that 11 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx) FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: September 7, 2017 / s / Alka Sagar ________________________________ Honorable Alka Sagar United States Magistrate Judge 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 ____________________________________ [print or type full address], declare under 6 penalty of perjury that I have read in its entirety and understand the Stipulated Protective 7 Order that was issued by the United States District Court for the Central District of 8 California on ______[date] in the case of Dora Mendoza v. AT&T Mobility LLC and Does 9 1 through 25, inclusive, Case No. 2:17-cv-03516-ODW(ASx). I agree to comply with and 10 to be bound by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment in 12 the nature of contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any person or A PRO FESSI O NAL CO RPO RATI O N 14 entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after termination 18 of this action. I hereby appoint __________________________ [print or type full name] 19 of _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with this 21 action or any proceedings related to enforcement of this Stipulated Protective Order. 22 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27 28 4842-2261-6139, v. 4 13 STIPULATED PROTECTIVE ORDER CASE NO. 2:17-cv-03516 ODW (ASx)

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