Kevin Briscoe v. Starbucks Corporation et al

Filing 31

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 30 . (See Order for details) [Note Changes Made By The Court]. (bem)

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Alvin L. Pittman, Bar No. 127009
[e-mail]
LAW OFFICE OF ALVIN L. PITTMAN
9841 Airport Blvd., Suite 412
Los Angeles, California 90045
Telephone: [phone]
Facsimile: 310.337.3080
NOTE: CHANGES MADE BY THE COURT
Attorneys for Plaintiff
KEVIN BRISCOE
TANJA L. DARROW, Bar No. 175502
[e-mail]
LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213.443.4299
JYOTI MITTAL, Bar No. 288084
[e-mail]
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067
Telephone: [phone]
Fax No.:
310.553.5583
Attorneys for Defendant
STARBUCKS CORPORATION

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
KEVIN BRISCOE,
Plaintiff,

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LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

v.
STARBUCKS COFFEE COMPANY;
and DOES 1-20; Inclusive,
Defendants.

Case No. 2:17-cv-04832-JAK (JPRx)
ASSIGNED TO HON. JOHN A.
KRONSTADT
STIPULATED PROTECTIVE
ORDER
[DISCOVERY MATTER]
Complaint Filed: August 9, 2016 (Los
Angeles County Superior Court)
Trial Date: None Set

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PURPOSE OF STIPULATION AND PROTECTIVE ORDER

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The Parties to this action anticipate that the discovery phase of this matter may

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involve the disclosure of material protected under the constitutional, statutory, or

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common law right to privacy or protected as confidential business, financial,

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proprietary, or trade secret information.

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discoverability of any such information, it is the Parties’ intention to provide a

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mechanism by which discovery of relevant information, otherwise not objectionable,

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may be obtained in a manner which protects all Parties, including non-parties and

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third parties to this litigation, from the risk of disclosure of such confidential

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information. Accordingly, the Parties, by and through their respective counsel, hereby

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stipulate to, and seek the Court’s approval of, the following Stipulated Protective

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Order (“Protective Order”).

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II.

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Without waiving any objections to the

DEFINITIONS
1.

Party and Parties. “Party” means any of the parties to this action, their

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affiliates, and their respective officers, directors, and employees. “Parties” means all

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of the parties to this action, their affiliates, and their respective officers, directors, and

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employees.

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2.

Counsel. “Counsel” means:
a.

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Littler Mendelson, P.C., and its respective support staff and other

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employees who are not employed by a Party and to whom it is

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necessary to disclose Confidential Information for the purpose of

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this Proceeding;
b.

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Law Office of Alvin L. Pittman and its respective support staff and

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other employees who are not employed by a Party and to whom it

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is necessary to disclose Confidential Information for the purpose of

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this Proceeding;

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LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

3.

In-house Counsel.

“In-house Counsel” means attorneys who are

employees of a Party to this Action. In-house Counsel does not include Counsel of

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record or any other outside counsel.
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Proceeding. “Proceeding” means the above-titled case, Case No.

2:17−cv−04832-JAK(JPRx).
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Court. “Court” means the Hon. John A. Kronstadt or the Hon. Jean P.

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Rosenbluth, or any other judge to which this Proceeding may be assigned, including

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Court staff participating in such proceedings.
6.

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Confidential Information. For the purposes of this Protective Order, the

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terms “Confidential” and “Confidential Information” mean information that has not

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been made public or is not otherwise available or accessible in the public domain and

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that concerns or relates to the confidential or proprietary information of: (1) Defendant

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Starbucks Corporation (“Defendant”); (2) Plaintiff Kevin Briscoe (“Plaintiff”); or (3)

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any third parties. Confidential Information may also includes information contained

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in any documents, deposition testimony, or other tangible thing, including but not

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limited to sensitive personnel information regarding Defendant’s employees, former

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employees, and/or job applicants; non-public business, financial, and/or customer

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information belonging to Defendant or related entities, including but not limited to

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personnel training documents and/or videos, personnel policies, and organizational

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charts; and trade secrets or non-public, confidential proprietary information belonging

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to Defendant or related entities. Information designated Confidential may be used

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only in connection with this proceeding, and not for any other purpose.

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information may not be disclosed to anyone except as provided in this Protective

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Order.
7.

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Such

Designating Party. “Designating Party” means the Party that designates

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documents, testimony, or information as “Confidential.”

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III.

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DESIGNATION OF PROTECTED INFORMATION
8.

In connection with discovery proceedings in this action, the Parties may

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reasonably designate any appropriate document, thing, material, testimony or other

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information derived therefrom, as Confidential under the terms of this Protective

LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

2.

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Order. By designating a document, thing, material, testimony, or other information

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derived therefrom as Confidential, the Party making the designation is certifying to

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the Court that there is a good-faith basis both in law and fact for the designation

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within the meaning of Federal Rule of Civil Procedure 26(g).

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9.

Documents shall be designated as Confidential by stamping each page of

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the document produced to a Party containing confidential information with the legend

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“CONFIDENTIAL.” Stamping the legend “CONFIDENTIAL” on the face of a CD-

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ROM, DVD, or other computer disk or electronic storage device shall designate all

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contents therein as Confidential, unless otherwise indicated by the producing Party.

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To the extent practical, the designating party must mark as confidential only those

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portions of the document or other item that contain confidential material.

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10.

Testimony taken at a deposition, conference, or hearing may be

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designated as Confidential by making a statement to that effect on the record at the

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deposition or other proceeding or, in the case of a deposition, such designation may be

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made within thirty (30) days after the receipt of the deposition transcript.

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Arrangements shall be made with the court reporter taking and transcribing such

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proceeding to separately bind such portions of the transcript containing information

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designated as Confidential, and to label such portions appropriately. During the thirty

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(30) day period, any such deposition transcript shall be treated as if it had been

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designated as Confidential. This order does not cover the treatment of Confidential

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information at trial.

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11.

Material designated as Confidential under this Protective Order, the

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information contained therein, and any summaries, copies, abstracts, or other

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documents derived in whole or in part from material designated as Confidential shall

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be used only for the purpose of the prosecution, defense, or settlement of this action,

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and for no other purpose.

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12.

Confidential Material produced pursuant to this Protective Order and

stamped solely as “CONFIDENTIAL” may be disclosed or made available only to:

LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

3.

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a.

the Court; a jury, arbitrator, or other trier or determiner of fact in

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this action; a mediator who has been mutually agreed upon by the Parties or appointed

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by the Court;

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b.

(1) Counsel for a Party, including the paralegal, clerical, and

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secretarial staff employed by such Counsel to whom disclosure is reasonably

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necessary to aid in the prosecution, defense, or settlement of this Proceeding; (2) In-

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House Counsel of a Party and employees of In-House Counsel’s department;

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c.

an officer, director, or employee of a Party to whom disclosure is

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reasonably necessary to aid in the prosecution, defense, or settlement of this

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Proceeding; provided, however, that prior to the disclosure of Confidential Material to

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any such officer, director, or employee, Counsel for the Party making the disclosure

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shall deliver a copy of this Protective Order to such person, shall explain that such

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person is bound to follow the terms of this Protective Order, and shall secure the

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signature of such person on a statement in the form attached hereto as Exhibit A;

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d.

court reporter(s) employed in this Proceeding;

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e.

a witness at any deposition or other proceeding in this action;

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provided, however, that each such witness given access to Confidential Material shall

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be advised and agree that such materials are being disclosed pursuant to, and are

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subject to, the terms of this Protective Order and that they may not be disclosed other

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than pursuant to its terms;

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f.

experts or consultants (together with their clerical staff) retained by

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Counsel to assist in the prosecution, defense, or settlement of this Proceeding, except

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that such experts and consultants shall not be employees of any Party or currently or

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previously under contract with any Party (except any retention agreement relating to

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such experts or consultants as experts or consultants in this action), or previously

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affiliated or associated in any way with any Party; provided, however, that prior to the

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disclosure of Confidential Material to any such expert or expert consultant, Counsel

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for the Party making the disclosure shall deliver a copy of this Protective Order to

LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

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such person, shall explain its terms to such person, and shall secure the signature of

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such person on a statement in the form attached hereto as Exhibit A; and
g.

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13.

any other person as to whom the Parties in writing agree.

Where testimony at a deposition involves disclosure of Confidential

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Material, such deposition shall be taken only in the presence of the individuals

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identified in paragraph 12, subject to the requirement of the execution of a statement

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in the form attached hereto as Exhibit A.

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14.

Nothing herein shall impose any restrictions on the use or disclosure by a

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Party of material obtained by such Party independent of discovery in this action,

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whether or not such material is also obtained through discovery in this action, or from

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disclosing its own Confidential Material as it deems appropriate; provided, however,

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if a Party has obtained any such material pursuant to a separate confidentiality

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agreement or other legal obligation of confidentiality, that Party shall continue to

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adhere to such confidentiality obligations. Nothing in this Protective Order shall be

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deemed to restrict in any way any Party’s own documents or information, or the

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Party’s attorneys with respect to that Party’s own documents or information.

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15.

If a Party wishes to file documents with the Court which have been

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designated CONFIDENTIAL by another Party or a third party pursuant to this

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Protective Order, such documents must be filed under seal in compliance with Local

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Rule 79-5.1.

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16.

In the event that any Confidential Material is used in any discovery-

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related proceeding in this action, it shall not lose its Confidential status through such

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use and the Party using such Confidential Material, shall take all reasonable steps to

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maintain its confidentiality during such use.

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17.

This Protective Order shall be without prejudice to the rights of the

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Parties or any other third party (a) to bring before the Court at any time consistent

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with the Court’s scheduling order the question of whether any particular document or

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information is Confidential or whether its use should be restricted, or (b) to present a

LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

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motion to the Court under Fed. R. Civ. P. 26(c) and Local Rule 37 for a separate

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protective order as to any particular document or information, including restrictions

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differing from those as specified herein.

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18.

If a Party wishes to challenge the designation of materials stamped

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“CONFIDENTIAL” (a “Challenging Party”), the Challenging Party shall notify the

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Designating Party in writing of the documents and basis for the challenge. The

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Designating Party shall respond in writing within five (5) business days thereafter. If

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any disputes remain, the parties shall meet and confer within four (4) business days of

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the Designating Party’s response in an effort to resolve such disputes. If any disputes

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remain unresolved, the Designating Party shall bring a motion seeking to establish the

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confidentiality designation pursuant to Local Rule 37. The Challenging Party shall

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provide its portion of a joint stipulation to the Designating Party pursuant to Local

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Rule 37-2.2 within five (5) business days after the parties meet and confer. Such

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motion shall thereafter be governed by Local Rule 37-2.2 through 37-4.

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Protective Order shall not be deemed to prejudice the Parties in any way in any future

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application for modification of this Protective Order.

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19.

This

This Protective Order is entered solely for the purpose of facilitating the

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exchange of documents and information between the Parties to this action without

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involving the Court unnecessarily in the process. Nothing in this Protective Order nor

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in the production of any information or document under the terms of this Protective

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Order nor any proceedings pursuant to this Protective Order shall be deemed to have

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the effect of any admission or waiver by any Party or any third party or of altering the

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confidentiality or non-confidentiality of any such document or information or altering

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any existing obligation of any Party or any third party or the absence thereof, or to

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impact in any way a Party’s right to object to any discovery requests on any grounds,

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including attorney-client privilege, work product immunity, or any other protection

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provided under the law.

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20.

While this Protective Order is for the Court’s consideration and approval

LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

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as an order, it shall also be construed to create a contract between the Parties or

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between the Parties and their respective counsel.

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21.

This Protective Order shall survive the final termination of this

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Proceeding and the Court shall retain jurisdiction to resolve any dispute concerning

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the use of information disclosed hereunder. Upon termination of this Proceeding,

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Counsel for the Parties shall destroy all documents, materials, and deposition

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transcripts designated as Confidential, and provide written affirmation of such to

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opposing Counsel.

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22.

This Protective Order may be executed in one or more identical

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counterparts, each of which shall be deemed to be an original, but all of which

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together shall constitute one and the same instrument. Facsimile signatures of any

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Party upon the signature page of this Stipulation and Order shall be binding upon the

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Parties hereto and may be submitted as though such signatures were original

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signatures.

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23.

In the event a party inadvertently discloses or produces any Confidential

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materials without designation, such inadvertent disclosure does not constitute a waiver

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of confidentiality status.

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Confidential within a reasonable time after such inadvertent disclosure.

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24.

A party may designate such documents/information

If a Party wishes to use another Party’s Confidential documents at trial,

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the Party shall advise the other Party’s Counsel prior to offering the documents, with

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advance notice if reasonably practicable. The proponent of confidentiality then may

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move to file the documents under seal. The proponent also may move the Court to

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restrict access to the courtroom while the Confidential documents are discussed. The

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other parties need not join in any such motions.

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25.

In the event that a Party is served with a subpoena or an order issued in

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other litigation by any person, firm, corporation, or other entity who is not a party to

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this Proceeding, is not a signatory to this Protective Order, or otherwise is not bound

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by this Protective Order, which seeks to compel production of Confidential documents

LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

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or information, the Party upon whom the subpoena or order is served shall give

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written notice of the subpoena to the Party who has asserted that the documents or

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information sought by the subpoena or order is Confidential. The written notice

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required by this Paragraph shall be given no later than seven (7) days after receipt of

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the subpoena or order, or before the production date set forth in the subpoena or order,

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whichever is earlier.

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documents as Confidential shall have the responsibility to obtain from the Court an

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order quashing the subpoena, a protective order, and/or such other relief as will

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protect the confidential nature of the subpoenaed information or documents. If such a

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motion is filed before the requested production date, the Party upon whom the

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subpoena is served shall not produce the information or documents requested in the

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subpoena until after such time as the Court rules on the motion to quash the subpoena

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or motion for protective order. If an order quashing the subpoena or motion for

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protective order is obtained, the Party upon whom the subpoena, discovery request, or

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order is served shall comply with the order. If no motion to quash or motion for

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protective order is filed before the scheduled production date set forth in the subpoena,

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or if the motion to quash the subpoena or motion for protective order is denied, the

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Party upon whom the subpoena is served may comply with the same without being

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deemed to have violated this Protective Order.

The Party who designated the subpoenaed information or

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LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

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26.

This Protective Order may be modified only if such modification is in

writing, signed by the Parties, and approved by an order of the Court.

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Dated: January 16, 2018

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/s/ Jyoti Mittal
TANJA L. DARROW
JYOTI MITTAL
LITTLER MENDELSON, P.C.
Attorneys for Defendant
STARBUCKS CORPORATION

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Dated: January 16, 2018

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/s Alvin L. Pittman
ALVIN L. PITTMAN
LAW OFFICE OF ALVIN L. PITTMAN
Attorneys for Plaintiff
KEVIN BRISCOE

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SIGNATURE CERTIFICATION
Pursuant to Local Civil Rule 5-4.3.4, I hereby certify that the content of this
document is acceptable to Alvin L. Pittman, counsel for Plaintiff Kevin Briscoe, and I
have obtained Mr. Pittman’s authorization to affix his electronic signature to this
document.

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LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

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/s/ Jyoti Mittal
JYOTI MITTAL
LITTLER MENDELSON, P.C.

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Dated: January 19, 2018
HON. JEAN P. ROSENBLUTH
UNITED STATES MAGISTRATE JUDGE

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LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

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Attachment A

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NONDISCLOSURE AGREEMENT

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I, ________________________, do solemnly swear that I am fully familiar

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with the terms of the Stipulated Protective Order entered in Briscoe v. Starbucks

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Coffee Company, United States District Court for the Central District of California,

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Case No. 2:17-cv-04832-JAK(JPRx) , and hereby agree to comply with and be bound

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by the terms and conditions of said Order unless and until modified by further order of

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this Court. I hereby consent to the jurisdiction of said Court for purposes of enforcing

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this Protective Order.

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Dated: _________________________

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_______________________________

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Name:__________________________

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Address:_______________________

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_______________________________

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LITTLER MENDELSON, P.C.
2049 CENTURY PARK EAST
5TH FLOOR
LOS ANGELES, CA 90067.3107
310.553.0308

Firmwide:152191371.1 055187.1066