Joanna Donis v. Target Corporation et al

Filing 28

STIPULATED PROTECTIVE ORDER by Magistrate Judge Steve Kim. In re Stipulation for Protective Order 27 . (clee)

Download PDF
1 2 3 4 5 David G. Halm, Esq. Bar No. 179957 NICOLSON LAW GROUP, PC 6320 Canoga Avenue, Suite 750 Woodland Hills, California 91367 Direct: (818) 858-1121 Office: (818) 858-1120 Fax: (818) 858-1124 E-mail: Attorneys for Defendant TARGET CORPORATION Robert L. Booker, II, Esq. Soheil Bahari, Esq. 7 864 S. Robertson Blvd., 3rd Floor Los Angeles, CA 90035 8 T: 888-203-1422 F: 888-203-1424 9 Attorneys for Plaintiff JOANNA DONIS 6 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 13 14 JOANNA DONIS, an individual 15 Plaintiff, 16 Case No. 2:17-cv-4305-VAP(SKx) v. 17 18 STIPULATED PROTECTIVE ORDER TARGET CORPORATION, a Minnesota corporation; and DOES 1 through 100, inclusive Defendants. 19 20 21 1. A. PURPOSES AND LIMITATIONS 22 23 Discovery in this action is likely to involve production of confidential, 24 proprietary, or private information for which special protection from public 25 disclosure and from use for any purpose other than prosecuting this litigation may 26 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 27 enter the following Stipulated Protective Order. The parties acknowledge that this 28 Order does not confer blanket protections on all disclosures or responses to -1STIPULATED PROTECTIVE ORDER 1 discovery and that the protection it affords from public disclosure and use extends 2 only to the limited information or items that are entitled to confidential treatment 3 under the applicable legal principles. The parties further acknowledge, as set forth in 4 Section 12.3, below, that this Stipulated Protective Order does not entitle them to 5 file confidential information under seal; Civil Local Rule 79-5 sets forth the 6 procedures that must be followed and the standards that will be applied when a party 7 seeks permission from the court to file material under seal. 8 9 B. GOOD CAUSE STATEMENT 10 11 This action is likely to involve trade secrets and other valuable research, 12 development, commercial, financial, technical and/or proprietary information and 13 private information about individuals for which special protection from public 14 disclosure and from use for any purpose other than prosecution of this action is 15 warranted. Such confidential and proprietary materials and information consist of, 16 among other things, confidential business or financial information, information 17 regarding confidential business practices, or other confidential research, 18 development, or commercial information (including information implicating privacy 19 rights of third parties), information otherwise generally unavailable to the public, or 20 which may be privileged or otherwise protected from disclosure under state or 21 federal statutes, court rules, case decisions, or common law. Accordingly, to 22 expedite the flow of information, to facilitate the prompt resolution of disputes over 23 confidentiality of discovery materials, to adequately protect information the parties 24 are entitled to keep confidential, to ensure that the parties are permitted reasonable 25 necessary uses of such material in preparation for and in the conduct of trial, to 26 address their handling at the end of the litigation, and serve the ends of justice, a 27 protective order for such information is justified in this matter. It is the intent of the 28 parties that information will not be designated as confidential for tactical reasons -2STIPULATED PROTECTIVE ORDER 1 and that nothing be so designated without a good faith belief that it has been 2 maintained in a confidential, non-public manner, and there is good cause why it 3 should not be part of the public record of this case. 4 5 2. DEFINITIONS 6 2.1 Action: this pending federal law suit. 7 2.2 Challenging Party: a Party or Non-Party that challenges the 8 9 designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 10 how it is generated, stored or maintained) or tangible things that qualify for 11 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 12 the Good Cause Statement. 13 14 15 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 16 items that it produces in disclosures or in responses to discovery as 17 “CONFIDENTIAL.” 18 2.6 Disclosure or Discovery Material: all items or information, regardless 19 of the medium or manner in which it is generated, stored, or maintained (including, 20 among other things, testimony, transcripts, and tangible things), that are produced or 21 generated in disclosures or responses to discovery in this matter. 22 2.7 Expert: a person with specialized knowledge or experience in a matter 23 pertinent to the litigation who has been retained by a Party or its counsel to serve as 24 an expert witness or as a consultant in this Action. 25 2.8 House Counsel: attorneys who are employees of a party to this Action. 26 House Counsel does not include Outside Counsel of Record or any other outside 27 counsel. 28 2.9 Non-Party: any natural person, partnership, corporation, association, or -3STIPULATED PROTECTIVE ORDER 1 other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: attorneys who are not employees of a 2 3 party to this Action but are retained to represent or advise a party to this Action and 4 have appeared in this Action on behalf of that party or are affiliated with a law firm 5 which has appeared on behalf of that party, and includes support staff. 2.11 Party: any party to this Action, including all of its officers, directors, 6 7 employees, consultants, retained experts, and Outside Counsel of Record (and their 8 support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 9 10 Discovery Material in this Action. 11 2.13 Professional Vendors: persons or entities that provide litigation 12 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 13 demonstrations, and organizing, storing, or retrieving data in any form or medium) 14 and their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is 15 16 designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery 17 18 Material from a Producing Party. 19 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 compilations of Protected Material; and (3) any testimony, conversations, or 25 presentations by Parties or their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial shall be governed by the orders of the 27 trial judge. This Order does not govern the use of Protected Material at trial. 28 -4STIPULATED PROTECTIVE ORDER 1 4. DURATION Even after final disposition of this litigation, the confidentiality obligations 2 3 imposed by this Order shall remain in effect until a Designating Party agrees 4 otherwise in writing or a court order otherwise directs. Final disposition shall be 5 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 6 or without prejudice; and (2) final judgment herein after the completion and 7 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 8 including the time limits for filing any motions or applications for extension of time 9 pursuant to applicable law. 10 11 12 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection under 14 this Order must take care to limit any such designation to specific material that 15 qualifies under the appropriate standards. The Designating Party must designate for 16 protection only those parts of material, documents, items, or oral or written 17 communications that qualify so that other portions of the material, documents, 18 items, or communications for which protection is not warranted are not swept 19 unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized 20 designations are prohibited. Designations that are shown to be clearly unjustified or 21 that have been made for an improper purpose (e.g., to unnecessarily encumber the 22 case development process or to impose unnecessary expenses and burdens on other 23 parties) may expose the Designating Party to sanctions. If it comes to a Designating 24 Party’s attention that information or items that it designated for protection do not 25 qualify for protection, that Designating Party must promptly notify all other Parties 26 that it is withdrawing the inapplicable designation. 27 28 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise -5STIPULATED PROTECTIVE ORDER 1 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 2 under this Order must be clearly so designated before the material is disclosed or 3 produced. Designation in conformity with this Order requires: 4 (a) for information in documentary form (e.g., paper or electronic 5 documents, but excluding transcripts of depositions or other pretrial or trial 6 proceedings), that the Producing Party affix at a minimum, the legend 7 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 8 contains protected material. If only a portion or portions of the material on a page 9 qualifies for protection, the Producing Party also must clearly identify the protected 10 portion(s) (e.g., by making appropriate markings in the margins). 11 A Party or Non-Party that makes original documents available for inspection 12 need not designate them for protection until after the inspecting Party has indicated 13 which documents it would like copied and produced. During the inspection and 14 before the designation, all of the material made available for inspection shall be 15 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 16 documents it wants copied and produced, the Producing Party must determine which 17 documents, or portions thereof, qualify for protection under this Order. Then, before 18 producing the specified documents, the Producing Party must affix the 19 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 20 portion or portions of the material on a page qualifies for protection, the Producing 21 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 22 markings in the margins). 23 (b) for testimony given in depositions that the Designating Party 24 identify the Disclosure or Discovery Material on the record, before the close of the 25 deposition all protected testimony. 26 (c) for information produced in some form other than documentary and 27 for any other tangible items, that the Producing Party affix in a prominent place on 28 the exterior of the container or containers in which the information is stored the -6STIPULATED PROTECTIVE ORDER 1 legend “CONFIDENTIAL.” If only a portion or portions of the information 2 warrants protection, the Producing Party, to the extent practicable, shall identify the 3 protected portion(s). 5.3 4 Inadvertent Failures to Designate. If timely corrected, an inadvertent 5 failure to designate qualified information or items does not, standing alone, waive 6 the Designating Party’s right to secure protection under this Order for such material. 7 Upon timely correction of a designation, the Receiving Party must make reasonable 8 efforts to assure that the material is treated in accordance with the provisions of this 9 Order. 10 11 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 12 Timing of Challenges. Any Party or Non-Party may challenge a 13 designation of confidentiality at any time that is consistent with the Court’s 14 Scheduling Order. 6.2 15 16 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 6.3 17 The burden of persuasion in any such challenge proceeding shall be on 18 the Designating Party. Frivolous challenges, and those made for an improper 19 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 20 parties) may expose the Challenging Party to sanctions. Unless the Designating 21 Party has waived or withdrawn the confidentiality designation, all parties shall 22 continue to afford the material in question the level of protection to which it is 23 entitled under the Producing Party’s designation until the Court rules on the 24 challenge. 25 26 27 28 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this -7STIPULATED PROTECTIVE ORDER 1 Action only for prosecuting, defending, or attempting to settle this Action. Such 2 Protected Material may be disclosed only to the categories of persons and under the 3 conditions described in this Order. When the Action has been terminated, a 4 Receiving Party must comply with the provisions of section 13 below (FINAL 5 DISPOSITION). Protected Material must be stored and maintained by a Receiving 6 Party at a location and in a secure manner that ensures that access is limited to the 7 persons authorized under this Order. 8 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Receiving Party may disclose any information or item designated 11 “CONFIDENTIAL” only to: 12 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 13 well as employees of said Outside Counsel of Record to whom it is reasonably 14 necessary to disclose the information for this Action; 15 16 17 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts (as defined in this Order) of the Receiving Party to whom 18 disclosure is reasonably necessary for this Action and who have signed the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (d) the court and its personnel; 21 (e) court reporters and their staff; 22 (f) professional jury or trial consultants, mock jurors, and Professional 23 Vendors to whom disclosure is reasonably necessary for this Action and who have 24 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 26 27 28 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) during their depositions, witnesses ,and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the deposing -8STIPULATED PROTECTIVE ORDER 1 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 2 they will not be permitted to keep any confidential information unless they sign the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 4 agreed by the Designating Party or ordered by the court. Pages of transcribed 5 deposition testimony or exhibits to depositions that reveal Protected Material may 6 be separately bound by the court reporter and may not be disclosed to anyone except 7 as permitted under this Stipulated Protective Order; and (i) any mediator or settlement officer, and their supporting personnel, 8 9 mutually agreed upon by any of the parties engaged in settlement discussions. 10 11 8. 12 IN OTHER LITIGATION 13 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED If a Party is served with a subpoena or a court order issued in other litigation 14 that compels disclosure of any information or items designated in this Action as 15 “CONFIDENTIAL,” that Party must: 16 17 18 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or 19 order to issue in the other litigation that some or all of the material covered by the 20 subpoena or order is subject to this Protective Order. Such notification shall include 21 a copy of this Stipulated Protective Order; and 22 23 24 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 25 the subpoena or court order shall not produce any information designated in this 26 action as “CONFIDENTIAL” before a determination by the court from which the 27 subpoena or order issued, unless the Party has obtained the Designating Party’s 28 permission. The Designating Party shall bear the burden and expense of seeking -9STIPULATED PROTECTIVE ORDER 1 protection in that court of its confidential material and nothing in these provisions 2 should be construed as authorizing or encouraging a Receiving Party in this Action 3 to disobey a lawful directive from another court. 4 5 9. 6 PRODUCED IN THIS LITIGATION 7 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE (a) The terms of this Order are applicable to information produced by a 8 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 9 produced by Non-Parties in connection with this litigation is protected by the 10 remedies and relief provided by this Order. Nothing in these provisions should be 11 construed as prohibiting a Non-Party from seeking additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, to 13 produce a Non-Party’s confidential information in its possession, and the Party is 14 subject to an agreement with the Non-Party not to produce the Non-Party’s 15 confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party 16 17 that some or all of the information requested is subject to a confidentiality 18 agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated 19 20 Protective Order in this Action, the relevant discovery request(s), and a reasonably 21 specific description of the information requested; and (3) make the information requested available for inspection by the 22 23 24 Non-Party, if requested. (c) If the Non-Party fails to seek a protective order from this court within 25 14 days of receiving the notice and accompanying information, the Receiving Party 26 may produce the Non-Party’s confidential information responsive to the discovery 27 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 28 not produce any information in its possession or control that is subject to the -10STIPULATED PROTECTIVE ORDER 1 confidentiality agreement with the Non-Party before a determination by the court. 2 Absent a court order to the contrary, the Non-Party shall bear the burden and 3 expense of seeking protection in this court of its Protected Material. 4 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 7 Protected Material to any person or in any circumstance not authorized under this 8 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 9 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 10 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 11 persons to whom unauthorized disclosures were made of all the terms of this Order, 12 and (d) request such person or persons to execute the “Acknowledgment and 13 Agreement to Be Bound” that is attached hereto as Exhibit A. 14 15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 16 PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain 17 18 inadvertently produced material is subject to a claim of privilege or other protection, 19 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 21 may be established in an e-discovery order that provides for production without 22 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 23 as the parties reach an agreement on the effect of disclosure of a communication or 24 information covered by the attorney-client privilege or work product protection, the 25 parties may incorporate their agreement in the stipulated protective order submitted 26 to the court. 27 \\ 28 \\ -11STIPULATED PROTECTIVE ORDER 1 12. 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 2 3 MISCELLANEOUS person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 4 5 Protective Order no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any of the material covered by this Protective Order. 9 12.3 Filing Protected Material. A Party that seeks to file under seal any 10 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 11 only be filed under seal pursuant to a court order authorizing the sealing of the 12 specific Protected Material at issue. If a Party's request to file Protected Material 13 under seal is denied by the court, then the Receiving Party may file the information 14 in the public record unless otherwise instructed by the court. 15 16 17 13. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 18 days of a written request by the Designating Party, each Receiving Party must return 19 all Protected Material to the Producing Party or destroy such material. As used in 20 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 21 summaries, and any other format reproducing or capturing any of the Protected 22 Material. Whether the Protected Material is returned or destroyed, the Receiving 23 Party must submit a written certification to the Producing Party (and, if not the same 24 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 25 (by category, where appropriate) all the Protected Material that was returned or 26 destroyed and (2)affirms that the Receiving Party has not retained any copies, 27 abstracts, compilations, summaries or any other format reproducing or capturing any 28 of the Protected Material. Notwithstanding this provision, Counsel are entitled to -12STIPULATED PROTECTIVE ORDER 1 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 2 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 3 reports, attorney work product, and consultant and expert work product, even if such 4 materials contain Protected Material. Any such archival copies that contain or 5 constitute Protected Material remain subject to this Protective Order as set forth in 6 Section 4 (DURATION). 7 8 14. 9 measures including, without limitation, contempt proceedings and/or monetary 10 Any violation of this Order may be punished by any and all appropriate sanctions. 11 12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 13 14 Dated: February 8, 2018 15 Century Park Law Group Robert L. Booker, II, Esq. 16 Soheil Bahari, Esq. 17 18 By: /s/ Soheil Bahari Soheil Bahari, Esq. 19 Attorneys for Plaintiff 20 JOANNA DONIS 21 22 Dated: February 8, 2018 23 NICOLSON LAW GROUP, PC 24 25 By: /s/ David G. Halm David G. Halm, Esq. 26 Attorneys for Defendant 27 TARGET CORPORATION 28 -13STIPULATED PROTECTIVE ORDER 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 DATED: February 12, 2018 4 5 6 7 ____________________________________ Honorable Steve Kim United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of Joanna Donis v. Target Corporation, et al., by the United 8 States District Court, Case No. 2:17-cv-4305-VAP-SK. I agree to comply with and 9 to be bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint __________________________ [print 18 or type full name] of _______________________________________ [print or type 19 full address and telephone number] as my California agent for service of process in 20 connection with this action or any proceedings related to enforcement of this 21 Stipulated Protective Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: _______________________________ 25 Signature: __________________________________ 26 27 28 -15STIPULATED PROTECTIVE ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?