Carine Mamann v. Jaguar Land Rover North America, LLC et al

Filing 15

ORDER RE STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth. (NOTE: CHANGES MADE BY THE COURT.) 13 (sbou)

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BOWMAN AND BROOKE LLP
Brian Takahashi (SBN: 146505)
NOTE: CHANGES MADE BY THE COURT
Theodore Dorenkamp (SBN: 277004)
Lindsay G. Carlson (SBN: 235999)
970 West 190th Street, Suite 700
Torrance, California 90502
Tel No.: 310/ 768-3068
Fax No.: 310/ 719-1019
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendant
JAGUAR LAND ROVER NORTH AMERICA, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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CARINE MAMANN,

)
)
Plaintiff,
)
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vs.
)
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JAGUAR LAND ROVER NORTH )
AMERICA, LLC, a Delaware limited )
liability company; and DOES 1
)
through 50, inclusive
)
)
Defendants.
)
)

CASE NO.: 2:17-cv-05952 GW (JPRx)

(Assigned to Hon. George H. Wu
Magistrate, Hon. Jean P. Rosenbluth)
ORDER RE STIPULATED
PROTECTIVE ORDER

Trial:

June 26, 2018

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ORDER

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IT IS HEREBY STIPULATED by and between the Parties to Carine

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Mamann v. Jaguar Land Rover North America, LLC, et. al., by and through their

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respective counsel of record, that in order to facilitate the exchange of information

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and documents which may be subject to confidentiality limitations on disclosure

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due to federal laws, state laws, and privacy rights, the Parties stipulate as follows:
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In this Stipulation and Protective Order, the words set forth below

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shall have the following meanings:

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a. "Proceeding" means the above-entitled proceeding Carine Mamann

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v. Jaguar Land Rover North America, LLC, et. al., United States

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District Court – Central District, Case No. 2:17-cv-05952 GW

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(JPRx).

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b. "Court" means the Hon. George H. Wu, or any other judge to

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which this Proceeding may be assigned, including Court staff

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participating in such proceedings.

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c. "Confidential" means any information which is in the possession of

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a Designating Party who believes in good faith that such

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information is entitled to confidential treatment under applicable

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law.

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d. "Confidential Materials" means any Documents, Testimony or

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Information as defined below designated as "Confidential"

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pursuant to the provisions of this Stipulation and Protective Order.
e. "Designating Party" means the Party that designates Materials as

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"Confidential."

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f. "Disclose" or "Disclosed" or "Disclosure" means to reveal,

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divulge, give, or make available Materials, or any part thereof, or

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any information contained therein.

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g. "Documents" means (i) any "Writing," "Original," and "Duplicate"

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as those terms are defined by the Federal Rules of Evidence, which

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have been produced in discovery in this Proceeding by any person,

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and (ii) any copies, reproductions, or summaries of all or any part

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of the foregoing.

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h. "Information" means the content of Documents or Testimony.

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i. "Testimony" means all depositions, declarations or other testimony
taken or used in this Proceeding.

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2.

The Designating Party shall have the right to designate as

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"Confidential" any Documents, Testimony or Information that the Designating

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Party in good faith believes to contain non-public information that is entitled to

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confidential treatment under applicable law.

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3.

The entry of this Stipulation and Protective Order does not alter,

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waive, modify, or abridge any right, privilege or protection otherwise available to

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any Party with respect to the discovery of matters, including but not limited to any

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Party's right to assert the attorney-client privilege, the attorney work product

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doctrine, or other privileges, or any Party's right to contest any such assertion.

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4.

Any Documents, Testimony or Information to be designated as

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"Confidential" must be clearly so designated before the Document, Testimony or

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Information is Disclosed or produced. The "Confidential" designation should not

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obscure or interfere with the legibility of the designated Information.

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a. For Documents (apart from transcripts of depositions or other

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pretrial or trial proceedings), the Designating Party must affix the

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legend "Confidential" on each page of any Document containing

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such designated Confidential Material.
b. For Testimony given in depositions the Designating Party may

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either:

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i. identify on the record, before the close of the deposition, all

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"Confidential" Testimony, by specifying all portions of the

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Testimony that qualify as "Confidential;" or

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ii. designate the entirety of the Testimony at the deposition as

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"Confidential" (before the deposition is concluded) with the

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right to identify more specific portions of the Testimony as

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to which protection is sought within 30 days following

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receipt of the deposition transcript. In circumstances where

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portions of the deposition Testimony are designated for

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protection, the transcript pages containing "Confidential"

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Information may be separately bound by the court reporter,

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who must affix to the top of each page the legend

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"Confidential," as instructed by the Designating Party.

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c. For Information produced in some form other than Documents, and

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for any other tangible items, including, without limitation, compact

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discs or DVDs, the Designating Party must affix in a prominent

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place on the exterior of the container or containers in which the

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Information or item is stored the legend "Confidential."

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d. If only portions of the Information or item warrant protection, the

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Designating Party, to the extent practicable, shall identify the

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"Confidential" portions.

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5.

The inadvertent production by any of the undersigned Parties or non-

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Parties to the Proceedings of any Document, Testimony or Information during

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discovery in this Proceeding without a "Confidential" designation, shall be without

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prejudice to any claim that such item is "Confidential" and such Party shall not be

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held to have waived any rights by such inadvertent production. In the event, that

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any Document, Testimony or Information that is subject to a "Confidential"

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designation is inadvertently produced without such designation, the Party that

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inadvertently produced the document shall give written notice of such inadvertent

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production within twenty (20) days of discovery of the inadvertent production,

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together with a further copy of the subject Document, Testimony or Information

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designated as "Confidential" (the "Inadvertent Production Notice"). Upon receipt

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of such Inadvertent Production Notice, the Party that received the inadvertently

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produced Document, Testimony or Information shall promptly destroy the

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inadvertently produced Document, Testimony or Information and all copies

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thereof, or, at the expense of the producing Party, return such together with all

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copies of such Document, Testimony or Information to counsel for the producing

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Party and shall retain only the "Confidential" designated Materials. Should the

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receiving Party choose to destroy such inadvertently produced Document,

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Testimony or Information, the receiving Party shall notify the producing Party in

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writing of such destruction within ten (10) days of receipt of written notice of the

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inadvertent production. This provision is not intended to apply to any inadvertent

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production of any Information protected by attorney-client or work product

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privileges. In the event, that this provision conflicts with any applicable law

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regarding waiver of confidentiality through the inadvertent production of

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Documents, Testimony or Information, such law shall govern.

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In the event that counsel for a Party receiving Documents, Testimony

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or Information in discovery designated as "Confidential" objects to such

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designation with respect to any, or all, of such items, said counsel shall advise

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counsel for the Designating Party, in writing, of such objections, the specific

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Documents, Testimony or Information to which each objection pertains, and the

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specific reasons and support for such objections (the "Designation Objections").

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The dispute resolution process must proceed in conformity with Local Rule 37.

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Pending a resolution of the Designation Motion by the Court, any, and all existing

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designations on the Documents, Testimony or Information at issue in such Motion

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shall remain in place.

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Designation Motion of establishing the applicability of its "Confidential"

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designation. In the event, that the Designation Objections are neither timely agreed

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to nor timely addressed in the Designation Motion, then such Documents,

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Testimony or Information shall be de-designated in accordance with the

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Designation Objection applicable to such material.

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7.

The Designating Party shall have the burden on any

Access to and/or Disclosure of Confidential Materials designated as

"Confidential" shall be permitted only to the following persons:

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a. the Court;

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b. (1) Attorneys of record in the Proceedings and their affiliated

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attorneys, paralegals, clerical and secretarial staff employed by

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such attorneys who are actively involved in the Proceedings and

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are not employees of any Party. (2) In-house counsel to the

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undersigned Parties and the paralegal, clerical and secretarial staff

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employed by such counsel. Provided, however, that each non-

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lawyer given access to Confidential Materials shall be advised that

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such Materials are being Disclosed pursuant to, and are subject to,

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the terms of this Stipulation and Protective Order and that they

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may not be Disclosed other than pursuant to its terms;

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c. those officers, directors, partners, members, employees and agents

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of all non-designating Parties that counsel for such Parties deems

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necessary to aid counsel in the prosecution and defense of this

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Proceeding; provided, however, that prior to the Disclosure of

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Confidential Materials to any such officer, director, partner,

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member, employee or agent, counsel for the Party making the

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Disclosure shall deliver a copy of this Stipulation and Protective

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Order to such person, shall secure the signature of such person on a

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statement in the form attached hereto as Exhibit "A;" and shall

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explain that such person is bound to follow the terms of such

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Order;
d. court reporters in this Proceeding (whether at depositions,

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hearings, or any other proceeding);

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e. any deposition, or discovery-related hearing witness in the

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Proceeding who previously has had access to the Confidential

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Materials, or who is currently or was previously an officer,

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director, partner, member, employee or agent of an entity that has

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had access to the Confidential Materials;
f. any deposition or non-trial hearing witness in the Proceeding who

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previously did not have access to the Confidential Materials;

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provided, however, that each such witness given access to

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Confidential Materials shall be advised that such Materials are

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being Disclosed pursuant to, and are subject to, the terms of this

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Stipulation and Protective Order and that if they sign Exhibit A

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they may not be Disclosed other than pursuant to this order’s

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terms;

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g. mock jury participants, provided, however, that prior to the

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Disclosure of Confidential Materials to any such mock jury

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participant, counsel for the Party making the Disclosure shall

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deliver a copy of this Stipulation and Protective Order to such

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person, shall explain that such person is bound to follow the terms

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of such Order; and shall secure the signature of such person on a

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statement in the form attached hereto as Exhibit "A".

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h. outside experts or expert consultants consulted by the undersigned

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Parties or their counsel in connection with the Proceeding, whether

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or not retained to testify at any oral hearing; provided, however,

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that prior to the Disclosure of Confidential Materials to any such

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expert or expert consultant, counsel for the Party making the

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Disclosure shall deliver a copy of this Stipulation and Protective

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Order to such person, shall explain its terms to such person, and

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shall secure the signature of such person on a statement in the form

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attached hereto as Exhibit "A". It shall be the obligation of counsel,

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upon learning of any breach or threatened breach of this

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Stipulation and Protective Order by any such expert or expert

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consultant, to promptly notify counsel for the Designating Party of

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such breach or threatened breach; and
i. any other person that the Designating Party agrees to in writing.

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8.

Confidential Materials shall be used by the persons receiving them

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only for the purposes of preparing for, conducting, participating in the conduct of,

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and/or prosecuting and/or defending the Proceeding, and not for any business or

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other purpose whatsoever.

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Any Party to the Proceeding (or other person subject to the terms of

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this Stipulation and Protective Order) may ask the Court, after appropriate notice to

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the other Parties to the Proceeding, to modify or grant relief from any provision of

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this Stipulation and Protective Order.

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Entering in to, agreeing to, and/or complying with the terms of this

Stipulation and Protective Order shall not:

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a. operate as an admission by any person that any particular

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Document, Testimony or Information marked "Confidential"

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contains or reflects trade secrets, proprietary, confidential or

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competitively sensitive business, commercial, financial or personal

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information; or
b. prejudice in any way the right of any Party (or any other person

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subject to the terms of this Stipulation and Protective Order):

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i. to seek a determination by the Court under Local Rule 37 of

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whether any particular Confidential Material should be

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subject to protection as "Confidential" under the terms of

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this Stipulation and Protective Order; or

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ii. to seek relief from the Court on appropriate notice to all

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other Parties to the Proceeding and in compliance with Rule

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37 from any provision(s) of this Stipulation and Protective

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Order, either generally or as to any particular Document,

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Material or Information.

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Any Party to the Proceeding who has not executed this Stipulation and

Protective Order as of the time it is presented to the Court for signature may

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thereafter become a Party to this Stipulation and Protective Order by its counsel's

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signing and dating a copy thereof and filing the same with the Court, and serving

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copies of such signed and dated copy upon the other Parties to this Stipulation and

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Protective Order.

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12.

Any Information that may be produced by a non-Party witness in

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discovery in the Proceeding pursuant to subpoena or otherwise may be designated

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by such non-Party as "Confidential" under the terms of this Stipulation and

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Protective Order, and any such designation by a non-Party shall have the same

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force and effect, and create the same duties and obligations, as if made by one of

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the undersigned Parties hereto. Any such designation shall also function as a

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consent by such producing Party to the authority of the Court in the Proceeding to

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resolve and conclusively determine any motion or other application made by any

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person or Party with respect to such designation, or any other matter otherwise

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arising under this Stipulation and Protective Order.

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13.

If any person subject to this Stipulation and Protective Order who has

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custody of any Confidential Materials receives a subpoena or other process

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("Subpoena") from any government or other person or entity demanding

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production of Confidential Materials, the recipient of the Subpoena shall promptly

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give notice of the same by electronic mail transmission, followed by either express

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mail or overnight delivery to counsel of record for the Designating Party, and shall

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furnish such counsel with a copy of the Subpoena unless prohibited by law. Upon

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receipt of this notice, the Designating Party may, in its sole discretion and at its

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own cost, move to quash or limit the Subpoena, otherwise oppose production of the

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Confidential Materials, and/or seek to obtain confidential treatment of such

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Confidential Materials from the subpoenaing person or entity to the fullest extent

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available under law. The recipient of the Subpoena may not produce any

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Documents, Testimony or Information pursuant to the Subpoena prior to the date

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specified for production on the Subpoena.

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14. Nothing in this Stipulation and Protective Order shall be construed to

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preclude either Party from asserting in good faith that certain Confidential

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Materials require additional protection. The Parties shall meet and confer under

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Rule 37 to agree upon the terms of such additional protection.
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If, after execution of this Stipulation and Protective Order, any

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Confidential Materials submitted by a Designating Party under the terms of this

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Stipulation and Protective Order is Disclosed by a non-Designating Party to any

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person other than in the manner authorized by this Stipulation and Protective

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Order, the non-Designating Party responsible for the Disclosure shall bring all

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pertinent facts relating to the Disclosure of such Confidential Materials to the

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immediate attention of the Designating Party.
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This Stipulation and Protective Order is entered in to without

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prejudice to the right of any Party to knowingly waive the applicability of this

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Stipulation and Protective Order to any Confidential Materials designated by that

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Party. If the Designating Party uses Confidential Materials in a non-Confidential

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manner, then the Designating Party shall advise that the designation no longer

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applies.
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Where any Confidential Materials, or Information derived from

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Confidential Materials, is included in any motion or other proceeding, the party

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shall follow the rules applicable to the Court and venue of the proceeding.

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The Parties shall meet and confer regarding the procedures for use of

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Confidential Materials at trial and shall move the Court for entry of an appropriate

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order.

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19.

Nothing in this Stipulation and Protective Order shall affect the

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admissibility into evidence of Confidential Materials, or abridge the rights of any

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person to seek judicial review or to pursue other appropriate judicial action with

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respect to any ruling made by the Court concerning the issue of the status of

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Protected Material.
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This Stipulation and Protective Order shall continue to be binding

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after the conclusion of this Proceeding except that a Party may seek the written

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permission of the Designating Party or may move the Court for relief from the

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provisions of this Stipulation and Protective Order. To the extent permitted by law,

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the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation

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and Protective Order, even after the Proceeding is terminated.
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Within ninety (90) days after the conclusion of this case, counsel for

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the Party who has received Confidential Materials shall either: (a) return to the

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Designating Party the Confidential Materials, including any Document which any

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such Party disclosed to any Qualified Person, or (b) securely destroy the

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Confidential Materials, including any Documents which any such Party disclosed

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to any Qualified Person, and certify in writing such destruction to the Designating

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Party.

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22.

Nothing in this Protective Order shall limit any Party’s right to

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disclose to any person, or use for any purpose, its own information and

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Documents.

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After this Stipulation and Protective Order has been signed by counsel

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for all Parties, it shall be presented to the Court for entry. Counsel agree to be

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bound by the terms set forth herein with regard to any Confidential Materials that

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have been produced before the Court signs this Stipulation and Protective Order.

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The Parties and all signatories to the Certification, attached hereto as

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Exhibit "A," agree to be bound by this Stipulation and Protective Order pending its

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approval and entry by the Court. In the event, that the Court modifies this

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Stipulation and Protective Order, or in the event, that the Court enters a different

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Protective Order, the Parties agree to be bound by this Stipulation and Protective

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Order until, such time as the Court may enter such a different Order. It is the

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Parties' intent to be bound by the terms of this Stipulation and Protective Order

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pending its entry so, as to allow for immediate production of Confidential

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Materials under the terms herein.

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This Stipulation and Protective Order may be executed in counterparts.

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EXHIBIT A

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CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS

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I hereby acknowledge that I, __________________________________

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[NAME], __________________________________________ [POSITION AND

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EMPLOYER], am about to receive Confidential Materials supplied in connection

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with the Proceeding, Carine Mamann v. Jaguar Land Rover North America, LLC,

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et. al., United States District Court – Central District, Case No. 2:17-cv-05952 GW

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(JPRx). I certify that I understand that the Confidential Materials are provided to

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me subject to the terms and restrictions of the Stipulation and Protective Order

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filed in this Proceeding. I have been given a copy of the Stipulation and Protective

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Order; I have read it, and I agree to be bound by its terms.

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I understand that Confidential Materials, as defined in the Stipulation and

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Protective Order, including any notes or other records that may be made regarding

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any such materials, shall not be Disclosed to anyone except as expressly permitted

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by the Stipulation and Protective Order. I will not copy or use, except solely for

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the purposes of this Proceeding, any Confidential Materials obtained pursuant to

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this Protective Order, except as provided therein or otherwise ordered by the Court

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in the Proceeding. I further understand that I am to retain all copies of all

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Confidential Materials provided to me in the Proceeding in a secure manner, and

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that all copies of such Materials are to remain in my personal custody until

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termination of my participation in this Proceeding, whereupon the copies of such

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Materials will be returned to counsel who provided me with such Materials.

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I declare under penalty of perjury, under the laws of the State of California,

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that the foregoing is true and correct. Executed this ______ day of ________,

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2018, at ______________.

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DATED: _________________

BY:___________________________

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GOOD CAUSE APPEARING, the Court hereby approves the Stipulation
and Protective Order.
IT IS SO ORDERED.

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DATED: May 31, 2018
Hon. Jean P. Rosenbluth
U.S. Magistrate Judge

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