Serge Haitayan et al v. 7-Eleven, Inc.

Filing 46

PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 44 . (See Order for details) [Note Changes Made By The Court]. (bem)

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NOTE: CHANGES MADE BY THE COURT

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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SERGE HAITAYAN, JASPREET
Case No.: 2:17-cv-7454 JFW (JPRx)
DHILLON, ROBERT ELKINS, and
MANINDER “PAUL” LOBANA,
individually, and on behalf of others PROTECTIVE ORDER
similarly situated,

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Plaintiffs/Counterdefendants,

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v.

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7-ELEVEN, INC., a Texas corporation,

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Defendant/Counterclaimant.

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---------------------------------------------------

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7-ELEVEN, INC., a Texas corporation,

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Third-Party Plaintiff,

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vs.

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LOBANA CORPORATION,

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Third-Party Defendant.

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The Court, having reviewed and considered the Joint Stipulated Protective

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Order filed by Plaintiffs/Counterdefendants SERGE HAITAYAN, JASPREET

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DHILLON, ROBERT ELKINS, and MANINDER “PAUL” LOBANA, individually,

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and on behalf of others similarly situated, and Defendant/Counterclaimant/Third-Party
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Plaintiff 7-ELEVEN, INC. (individually a “party,” and collectively the “parties”), and

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for good cause shown, now grants and enters the parties’ Stipulated Protective Order

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as follows:

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1.

In connection with discovery proceedings in this action, the parties or any

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other person or entity, including any third party, who produces or supplies

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information, documents or other materials used in this action may designate any

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document, thing, material, testimony or other information derived therefrom as

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“Confidential” under the terms of this Stipulated Protective Order (“Order”).

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Confidential documents, things, materials, testimony or other information

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(collectively, “Confidential Information”) is information which has not been made

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public and which (i) concerns or relates to the processes, operations, type of work, or

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to the production, sales, shipments, purchases, transfers, identification of customers,

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inventories, amount or source of any income, profits, losses, or expenditures of any

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persons, firm, partnership, corporation, or other organization, the disclosure of which

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information may have the effect of causing harm to the competitive position of the

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person, firm, partnership, corporation, or to the organization from which the

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information was obtained; (ii) is personal information; (iii) is protected from

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disclosure by contractual obligations with third-party vendors; or (iv) is otherwise

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protectable under applicable law.

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2.

By designating Confidential Information, or information derived

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therefrom as Confidential, under the terms of this Order, the party making the

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designation is certifying to the Court that there is good cause and a good faith basis in

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law and in fact for the designation within the meaning of Federal Rule of Civil

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Procedure 26(g).

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3.

Confidential documents shall be so designated by stamping the

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confidential portions of copies of the document produced to a party with the legend

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“CONFIDENTIAL.” Stamping the legend “CONFIDENTIAL” on the cover of any

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multi-page document shall designate all pages of the document as confidential, unless
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otherwise indicated by the producing party. Other Confidential Information (e.g.,

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things, materials, testimony or other information derived therefrom) must be

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appropriately identified or described by the party seeking to designate it as

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Confidential. Mass, routine or indiscriminate confidential designations are prohibited

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and may subject of the designator to sanctions. Only those portions of a document

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that are confidential should be so designated.

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4.

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

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

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record at the deposition or other proceeding, specifically identifying and limiting the

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testimony deemed Confidential. For testimony given in depositions, the designating

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party must either: (a) identify on the record before the close of the deposition all

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Confidential testimony, by specifying all portions that qualify as Confidential; or (b)

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designate at the beginning of the deposition the testimony expected to be Confidential,

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reserving the right to identify only specific portions of the testimony as to which

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protection is sought within ten days after receipt of the deposition transcript. In

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circumstances where portions of the deposition testimony are designated for

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protection, the transcript pages containing Confidential Information may be separately

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bound by the court reporter, who must affix to the top of each page the legend

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“CONFIDENTIAL,” as instructed by the designating party. This order does not

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apply to the treatment of confidential information at trial.

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5.

Confidential Information under this Order, the information contained

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therein, and any summaries, copies, abstracts, or other documents derived in whole or

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in part from Confidential Information shall be used only for the purpose of the

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prosecution, defense, or settlement of this action, and for no other purpose, unless

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otherwise directed by a further order of this Court.

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6.

Confidential Information produced pursuant to this Order may be

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disclosed or made available only to the Court, to counsel for a party (including the

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paralegal, clerical, and secretarial staff employed by such counsel), and to the
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“Qualified Persons” designated below:
(a)

by counsel to aid in the prosecution, defense, or settlement of this action;

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a party, or an officer, director, or employee of a party deemed necessary

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

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counsel to assist in the prosecution, defense, or settlement of this action,

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but only to the extent reasonably necessary to render such assistance;

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(c)

court reporter(s) employed in this action;

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(d)

a witness at any deposition or other proceeding in this action, but only
during the course of, or in preparation for, his or her deposition or

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testimony;

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(e)

any mediator or arbitrator appointed by the Court or selected by mutual

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agreement of the parties, and the mediator’s or arbitrator’s secretarial and

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clerical personnel;

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(f)

outside photocopying, translation, document management, litigation

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support, trial graphics, e-discovery, and exhibit preparation services

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engaged by a party for purposes of this action, provided however that

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such employees have access to Confidential Information only to the

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extent necessary to perform their duties; and

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(g)

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

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7.

Prior to receiving any Confidential Information, each “Qualified Person”

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must be provided with a copy of this Order, and must execute a non-disclosure

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agreement in the form of Attachment A. Counsel for the party who obtains the signed

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non-disclosure agreement must retain the signed agreement until the conclusion of this

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action.

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8.

The parties may further designate certain discovery material or testimony

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of a highly confidential and/or proprietary nature as “CONFIDENTIAL – FOR

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ATTORNEY’S EYES ONLY” (“Attorney’s Eyes Only Material”), in the manner

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described in paragraphs 2, 3 and 4, above. Attorney’s Eyes Only Material and the
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information contained therein shall be disclosed only to the Court, to counsel for the

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parties (including the paralegal, clerical, and secretarial staff employed by such

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counsel), and to the “Qualified Persons” in accordance with paragraph 6(b), 6(c) and

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6(e), above; however, Attorney’s Eyes Only Material shall not be permitted to be

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disclosed to the persons identified in paragraph 6(a) or 6(d), above, unless the parties

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agree in writing or on the record, or it is ordered by the Court. If disclosure of

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Attorney’s Eyes Only Material is made pursuant to this paragraph, all other provisions

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in this Order with respect to confidentiality shall also apply.

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The inadvertent production of any Confidential Information shall be

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without prejudice to any claim that such item is Confidential, and such Party shall not

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

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any Confidential Information that is subject to a Confidential designation is

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inadvertently produced without such designation, the party that inadvertently

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produced the Confidential Information must give written notice of such inadvertent

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production within ten days of discovery of the inadvertent production, together with a

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further copy or description of the Confidential Information. Upon receipt of notice of

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the inadvertently produced Confidential Information the receiving party must

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promptly replace the inadvertently produced information with the appropriately

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designated Confidential Information (if applicable). This provision is not intended to

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apply to any inadvertent production of any information protected by the attorney-

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client privilege or work product doctrine.

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10.

In the event that counsel for a party receiving Confidential Information

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objects to the designation, the party objecting must advise opposing counsel

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writing within ten days. If the parties cannot resolve the issue, either party may seek

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clarification or a further Order from the Court under Local Rule 37 to resolve the

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dispute. Pending a resolution of the dispute, the Confidential designation will remain

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in place.

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11.

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Nothing herein shall impose any restrictions on the use or disclosure by a
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party of its own Confidential Information, or of material obtained by a party

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independent of discovery in this action (whether or not such material is also obtained

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through discovery in this action). However, if the party publicly discloses any of its

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own Confidential Information then the receiving party will no longer be obligated to

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treat such information as Confidential under this Order. The entry of this Order also

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does not alter, waive, modify, or abridge any right, privilege or protection otherwise

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available to any party with respect to the discovery of matters, including but not

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limited to any party’s right to assert the attorney-client privilege, the attorney work

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product doctrine, or other privileges, or any party’s right to contest any such assertion.
12.

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If Confidential Information, including any portion of a transcript

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designated as Confidential or Attorney’s Eyes Only, is included in any papers to be

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filed in Court, such papers shall be labeled “Confidential - Subject to Court Order”

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and filed under seal in compliance with Local Rule 79-5 until further order of this

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Court.

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13.

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

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Confidential Information at a hearing and at trial, and seek any appropriate orders. In

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the event that any Confidential Information is used in any court proceeding in this

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action, it shall not lose its Confidential status through such use unless the Court orders

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otherwise, and the party using such shall take all reasonable steps to maintain its

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confidentiality during such use.

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14.

This Order shall be without prejudice to the right of the parties (a) to

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bring before the Court at any time consistent with the Court’s scheduling order the

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question of whether any particular document or information is confidential or whether

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its use should be restricted, or (b) to present a motion to the Court under Federal Rule

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of Civil Procedure 26(c) for a separate protective order as to any particular document

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or information, including restrictions differing from those as specified herein.

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15.

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

of documents and information between the parties to this action without involving the
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Court unnecessarily in the process. Nothing in this Order, nor the production of any

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Confidential Information under the terms of this Order, nor any proceedings pursuant

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to this Order shall be deemed to have the effect of an admission or waiver by either

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party or of altering the confidentiality or non-confidentiality of any such document or

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information or altering any existing obligation of any party or the absence thereof.

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16.

Nothing in this Order shall affect the admissibility into evidence of

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Confidential Information, or abridge the rights of any person to seek judicial review or

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to pursue other appropriate judicial action with respect to any ruling made by the

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Court concerning the issue of the status of Confidential Information. This Order shall

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not be deemed to prejudice the parties in any way in any future application for

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modification of this Order. Any party, or other person subject to the terms of this

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Order, may ask the Court, after appropriate notice to the other parties, to modify or

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grant relief from any provision of this Order.

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17.

Each recipient of Confidential Information shall maintain such

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information in a secure, safe area and shall exercise, at a minimum, the same standard

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of care with respect to the storage, custody, use and dissemination of such information

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as is exercised by the recipient with respect to its own Confidential information, but in

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no case less than reasonable care.

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18.

If Confidential Information is disclosed to any person other than in a

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manner authorized by this Order, the person responsible for such disclosure shall upon

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the discovery of the disclosure immediately inform outside counsel of record of the

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party whose information is disclosed, shall inform counsel of all pertinent facts

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relating to such disclosure, and shall work in good faith with counsel to retrieve such

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information, including making every effort to retrieve the improperly disclosed

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Confidential Information and to prevent further unauthorized disclosure on its own

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part and unauthorized use or disclosure on the part of the recipient of the Confidential

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Information.

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19.

This Order shall survive the final termination of this action, to the extent
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that the information contained in Confidential Material is not or does not become

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known to the public, and the Court shall retain jurisdiction to resolve any dispute

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concerning the use of information disclosed hereunder. Upon termination of this case,

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counsel for the parties shall maintain all Confidential Information and Attorney’s Eyes

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Only material in a secure manner consistent with the terms of this Order. Within one

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year and sixty (60) days, after the conclusion of this action, including the exhaustion

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of all appeals, counsel for all parties shall return all Confidential Information

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produced in this litigation (other than exhibits at the official court of record) to the

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designating party or shall destroy such information at their own cost. However,

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documents or materials that contain Confidential Information of a designating party

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and the work product of the party in possession of the documents or materials need

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not be returned to the designating party or destroyed. Counsel for any party or third

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party receiving Confidential Information shall make written certification of

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compliance with this provision and shall deliver the same to counsel for each

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designating party within one year and one hundred twenty (120) days after the

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conclusion of this action, including the exhaustion of all appeals. The terms and

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provisions of this Order will remain in effect until such time as counsel for the parties

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return Confidential Information produced in this litigation to the designating party, or

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until such information is destroyed by counsel for the parties. The attorneys of record

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for each party shall be entitled to retain all pleadings, motion papers, court filings,

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deposition transcripts (and exhibits), legal memoranda, correspondence, notes, and

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work product.

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IT IS SO ORDERED:

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Dated: January 16, 2018

By:__________________________________
Jean P. Rosenbluth
United States Magistrate Judge
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ATTACHMENT A

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NON-DISCLOSURE AGREEMENT

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I, ___________________________________, affirm that I have read and am

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familiar with the Plaintiffs and Defendant’s Stipulated Protective Order in the case of

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Haitayan, et al v. 7-Eleven, Inc., Case No. 2:17-cv-7454 JFW (JPRx), in the United

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States District Court for the Central District of California. I hereby agree to comply

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with and be bound by the terms and conditions of the Order, unless and until modified

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by further Order of the Court. I also hereby consent to the jurisdiction of the Court for

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purposes of enforcing this Order.

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Dated: _______________

___________________________
___________________________
Print name

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