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
office@apittman-law.com
LAW OFFICE OF ALVIN L. PITTMAN
9841 Airport Blvd., Suite 412
Los Angeles, California 90045
Telephone: 310.337.3077
Facsimile: 310.337.3080
NOTE: CHANGES MADE BY THE COURT
Attorneys for Plaintiff
KEVIN BRISCOE
TANJA L. DARROW, Bar No. 175502
tdarrow@littler.com
LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA 90071
Telephone: 213.443.4300
Facsimile: 213.443.4299
JYOTI MITTAL, Bar No. 288084
jmittal@littler.com
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067
Telephone: 310.553.0308
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
4.
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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
5.
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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
6.
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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
7.
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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
9.
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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
10.
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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
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