Kimberly Woodard v. American National Red Cross et al
Filing
19
ORDER RE STIPULATED PROTECTIVE ORDER AND FRE 502(D) AND (E) CLAWBACK ORDER by Magistrate Judge Alicia G. Rosenberg re: Stipulation for Protective Order 18 . The Parties Stipulation Re Protective Order and FRE 502(D) and (E) Clawback Order is hereby entered in its entirety as the order of this Court. (see attached for details) (hr)
1
2
3
4
5
6
7
8
9
10
MONICA M. QUINN, Bar No. 198332
mquinn@littler.com
MARGARET A. PARKER, Bar No. 305903
maparker@littler.com
LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA 90071
Telephone: 213.443.4300
Fax No.:
213.443.4299
Attorneys for Defendants
THE AMERICAN NATIONAL RED CROSS,
AMERICAN RED CROSS SOUTHERN
CALIFORNIA BLOOD SERVICES REGION,
erroneously sued as AMERICAN RED CROSS
BLOOD SERVICES SOUTHERN
CALIFORNIA REGION
11
UNITED STATES DISTRICT COURT
12
CENTRAL DISTRICT OF CALIFORNIA
13 KIMBERLY WOODARD, an individual,
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLE R MEND ELSO N, P .C .
D
500 Capitol Mall
Suite 2000
Sacram ento, CA 95814
916.830.7200
Case No. 2:18-CV-00235 - SJO (AGRx)
Plaintiff,
ASSIGNED FOR ALL PURPOSES
HON. JUDGE S. JAMES OTERO
v.
AMERICAN NATIONAL RED CROSS, a
Washington, D.C. corporation;
AMERICAN RED CROSS BLOOD
SERVICES SOUTHERN CALIFORNIA
REGION, an unknown entity; and Does 1
through 30, inclusive.
Defendants.
RDER
RE
STIPULATED
PROTECTIVE ORDER AND FRE 502(D)
AND (E) CLAWBACK ORDER
1
2
GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED
THAT:
3
The Parties Stipulation Re Protective Order and FRE 502(D) and (E) Clawback
4
Order is hereby entered in its entirety as the order of this Court.
5
6
7
Dated:
August ______, 2018
30
8
HON. ALICIA G. ROSENBERG
UNITED STATES DISTRICT COURT
MAGISTRATE JUDGE
9
10
11
12
Firmwide:156580915.1 096431.1001
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLE R MEND ELSO N, P .C .
D
500 Capitol Mall
Suite 2000
Sacram ento, CA 95814
916.830.7200
2.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
MONICA M. QUINN, Bar No. 198332
mquinn@littler.com
MARGARET A. PARKER, Bar No. 305903
maparker@littler.com
LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA 90071
Telephone: 213.443.4300
Fax No.:
213.443.4299
Attorneys for Defendants
THE AMERICAN NATIONAL RED CROSS,
AMERICAN RED CROSS SOUTHERN
CALIFORNIA BLOOD SERVICES REGION,
erroneously sued as AMERICAN RED CROSS
BLOOD SERVICES SOUTHERN
CALIFORNIA REGION
SHADIE L. BERENJI (SBN 235021)
berenji@employeejustice.law
BERENJI LAW FIRM, APC
8383 Wilshire Boulevard, Suite 708
Beverly Hills, California 90211
Telephone: (310) 855-3270
Facsimile: (310) 855-3751
Attorney for Plaintiff Kimberly Woodard
17
UNITED STATES DISTRICT COURT
18
CENTRAL DISTRICT OF CALIFORNIA
19 KIMBERLY WOODARD, an individual,
20
Plaintiff,
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
Case No. 2:18-CV-00235 - SJO (AGRx)
ASSIGNED FOR ALL PURPOSES
HON. JUDGE S. JAMES OTERO
v.
AMERICAN NATIONAL RED CROSS, a
Washington, D.C. corporation;
AMERICAN RED CROSS BLOOD
SERVICES SOUTHERN CALIFORNIA
REGION, an unknown entity; and Does 1
through 30, inclusive.
Defendants.
STIPULATED PROTECTIVE ORDER
AND FRE 502(D) AND (E) CLAWBACK
ORDER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
1.
A.
PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential, proprietary, or
private information for which special protection from public disclosure and from use for any
purpose other than prosecuting this litigation may be warranted. Accordingly, the parties
hereby stipulate to and petition the Court to enter the following Stipulated Protective Order.
The parties acknowledge that this Order does not confer blanket protections on all disclosures
or responses to discovery and that the protection it affords from public disclosure and use
extends only to the limited information or items that are entitled to confidential treatment under
the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3,
below, that this Stipulated Protective Order does not entitle them to file confidential
information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed
and the standards that will be applied when a party seeks permission from the court to file
material under seal.
B.
GOOD CAUSE STATEMENT
This action is likely to involve confidential, non-public, sensitive, and/or proprietary
trade secrets, business, employment, tax, financial, and personally identifiable information,
documents and other materials for which special protection from public disclosure and from
use for any purpose other than prosecution of this action is warranted. Such confidential and
proprietary materials and information consist of, among other things, confidential business or
financial information, information regarding confidential business practices, or other
confidential research, development, or commercial information (including information
implicating privacy rights of third parties), information otherwise generally unavailable to the
public, or which may be privileged or otherwise protected from disclosure under state or
federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow
of information, to facilitate the prompt resolution of disputes over confidentiality of discovery
materials, to adequately protect information the parties are entitled to keep confidential, to
ensure that the parties are permitted reasonable necessary uses of such material in preparation
2.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
for and in the conduct of trial, to address their handling at the end of the litigation, and serve
the ends of justice, a protective order for such information is justified in this matter. It is the
intent of the parties that information will not be designated as confidential for tactical reasons
and that nothing be so designated without a good faith belief that it has been maintained in a
confidential, non-public manner, and there is good cause why it should not be part of the public
record of this case.
2.
DEFINITIONS
2.1
Action: Kimberly Woodard v. The American National Red Cross, American Red
Cross Southern California Blood Services Region, erroneously sued as American Red Cross
Blood Services Southern California Region, and Does 1 through 30, inclusive, Case No. 2:18CV-00235-SJO (AGRx).
2.2
Challenging Party: a Party or Non-Party that challenges the designation of
information or items under this Order.
2.3
“CONFIDENTIAL” Information or Items: information (regardless of how it is
generated, stored or maintained) or tangible things that qualify for protection under Federal
Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement.
2.4
“HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Information or
Items: extremely sensitive “CONFIDENTIAL” Information or Items, the disclosure of which
to another Party or Non-Party would create a substantial risk of serious harm that could not be
avoided by less restrictive means.
2.5
Counsel: Outside Counsel of Record and House Counsel (as well as their
support staff).
2.6
Designating Party: a Party or Non-Party that designates information or items that
it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.7
Disclosure or Discovery Material: all items or information, regardless of the
medium or manner in which it is generated, stored, or maintained (including, among other
things, testimony, transcripts, and tangible things), that are produced or generated in
3.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
disclosures or responses to discovery in this matter.
2.8
Expert: a person with specialized knowledge or experience in a matter pertinent
to the litigation who has been retained by a Party or its counsel to serve as an expert witness
or as a consultant in this Action.
2.9
House Counsel: attorneys who are employees of a party to this Action. House
Counsel does not include Outside Counsel of Record or any other outside counsel.
2.10
Non-Party: any natural person, partnership, corporation, association, or other
legal entity not named as a Party to this action.
2.11
Outside Counsel of Record: attorneys who are not employees of a party to this
Action but are retained to represent or advise a party to this Action and have appeared in this
Action on behalf of that party or are affiliated with a law firm which has appeared on behalf
of that party, and includes support staff.
2.12
Party: any party to this Action, including all of its officers, directors, employees,
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.13
Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this Action.
2.14
Professional Vendors: persons or entities that provide litigation support services
(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
organizing, storing, or retrieving data in any form or medium) and their employees and
subcontractors.
2.15
Protected Material: any Disclosure or Discovery Material that is designated as
“CONFIDENTIAL” of “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.”
2.16
Receiving Party: a Party that receives Disclosure or Discovery Material from a
Producing Party.
3.
SCOPE
The protections conferred by this Stipulation and Order cover not only Protected
Material (as defined above), but also (1) any information copied or extracted from Protected
4.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3)
any testimony, conversations, or presentations by Parties or their Counsel that might reveal
Protected Material. Any use of Protected Material at trial shall be governed by the orders of
the trial judge. This Order does not govern the use of Protected Material at trial.
4.
DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by
this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court
order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all
claims and defenses in this Action, with or without prejudice; and (2) final judgment herein
after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of
this Action, including the time limits for filing any motions or applications for extension of
time pursuant to applicable law.
5.
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Non-Party that designates information or items for protection under this
Order must take care to limit any such designation to specific material that qualifies under the
appropriate standards. The Designating Party must designate for protection only those parts of
material, documents, items, or oral or written communications that qualify so that other
portions of the material, documents, items, or communications for which protection is not
warranted are not swept unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations that are
shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
unnecessarily encumber the case development process or to impose unnecessary expenses and
burdens on other parties) may expose the Designating Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it designated
for protection does not qualify for protection, that Designating Party must promptly notify all
other Parties that it is withdrawing the inapplicable designation.
5.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
5.2
Manner and Timing of Designations. Except as otherwise provided in this Order
(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
Disclosure or Discovery Material that qualifies for protection under this Order must be clearly
so designated before the material is disclosed or produced.
Designation in conformity with this Order requires:
(a)
For information in documentary form (e.g., paper or electronic
documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that
the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL—ATTORNEYS’ EYES ONLY” to each page that contains protected
material. If only a portion or portions of the material on a page qualifies for protection, the
Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
markings in the margins).
A Party or Non-Party that makes original documents available for inspection need not
designate them for protection until after the inspecting Party has indicated which documents
it would like copied and produced. During the inspection and before the designation, all of the
material made available for inspection shall be deemed “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL—ATTORNEYS’ EYES ONLY”. After the inspecting Party has identified
the documents it wants copied and produced, the Producing Party must determine which
documents, or portions thereof, qualify for protection under this Order. Then, before producing
the specified documents, the Producing Party must affix the “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” legend to each page that contains
Protected Material. If only a portion or portions of the material on a page qualifies for
protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by
making appropriate markings in the margins).
(b)
For testimony given in depositions that the Designating Party identify
the Disclosure or Discovery Material on the record, before the close of the deposition all
protected testimony.
6.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
(c)
For information produced in some form other than documentary and for
any other tangible items, that the Producing Party affix in a prominent place on the exterior of
the container or containers in which the information is stored the legend “CONFIDENTIAL”
or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” If only a portion or
portions of the information warrants protection, the Producing Party, to the extent practicable,
shall identify the protected portion(s).
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
designate qualified information or items does not, standing alone, waive the Designating
Party’s right to secure protection under this Order for such material. Upon timely correction
of a designation, the Receiving Party must make reasonable efforts to assure that the material
is treated in accordance with the provisions of this Order.
6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a designation of
confidentiality at any time that is consistent with the Court’s Scheduling Order.
6.2
Meet and Confer. The Challenging Party shall initiate the dispute resolution
process under Local Rule 37.1 et seq.
6.3
The burden of persuasion in any such challenge proceeding shall be on the
Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to
harass or impose unnecessary expenses and burdens on other parties) may expose the
Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the
confidentiality designation, all parties shall continue to afford the material in question the level
of protection to which it is entitled under the Producing Party’s designation until the Court
rules on the challenge.
7.
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is disclosed
or produced by another Party or by a Non-Party in connection with this Action only for
prosecuting, defending, or attempting to settle this Action. Such Protected Material may be
7.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
disclosed only to the categories of persons and under the conditions described in this Order.
When the Action has been terminated, a Receiving Party must comply with the provisions of
section 13 below (FINAL DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a location
and in a secure manner that ensures that access is limited to the persons authorized under this
Order.
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
ordered by the court or permitted in writing by the Designating Party, a Receiving Party may
disclose any information or item designated “CONFIDENTIAL” only to:
(a)
the Receiving Party’s Outside Counsel of Record in this Action, as well
as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose
the information for this Action;
(b)
the officers, directors, and House Counsel of the Receiving Party to
whom disclosure is reasonably necessary for this Action;
(c)
Experts (as defined in this Order) of the Receiving Party to whom
disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment
and Agreement to Be Bound” (Exhibit A);
(d)
the court and its personnel;
(e)
court reporters and their staff;
(f)
professional jury or trial consultants, mock jurors, and Professional
Vendors to whom disclosure is reasonably necessary for this Action and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(g)
the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
(h)
during their depositions, witnesses and attorneys for witnesses in the
Action to whom disclosure is reasonably necessary provided: (1) the deposing party requests
that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not be permitted
8.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
to keep any confidential information unless they sign the “Acknowledgment and Agreement
to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the
court. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected
Material may be separately bound by the court reporter and may not be disclosed to anyone
except as permitted under this Stipulated Protective Order; and
(i)
any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
7.3
Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY”
Information or Items. Unless otherwise ordered by the court or permitted in writing by the
Designating Party, a Receiving Party may disclose any information or item designated
“CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose
the information for this Action;
(b) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
reasonably necessary for this Action and who have signed the “Acknowledgment and
Agreement to Be Bound” (Exhibit A);
(c) the court and its personnel;
(d) private court reporters and their staff to whom disclosure is reasonably necessary
for this Action and who have signed the “Acknowledgment and Agreement to Be Bound”
(Exhibit A);
(e) professional jury or trial consultants, mock jurors, and Professional Vendors to
whom disclosure is reasonably necessary for this Action and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(f) the author or recipient of a document containing the information or a custodian or
other person who otherwise possessed or knew the information; and
(g) any mediator or settlement officer, and their supporting personnel, mutually
9.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
agreed upon by any of the parties engaged in settlement discussions.
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that
compels disclosure of any information or items designated in this Action as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY,” that
Party must:
(a)
promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
(b)
promptly notify in writing the party who caused the subpoena or order to
issue in the other litigation that some or all of the material covered by the subpoena or order
is subject to this Protective Order. Such notification shall include a copy of this Stipulated
Protective Order; and
(c)
cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected. If the Designating Party
timely seeks a protective order, the Party served with the subpoena or court order shall not
produce any information designated in this action as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL—ATTORNEYS’ EYES ONLY,” before a determination by the court from
which the subpoena or order issued, unless the Party has obtained the Designating Party’s
permission. The Designating Party shall bear the burden and expense of seeking protection in
that court of its confidential material and nothing in these provisions should be construed as
authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from
another court.
9.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
THIS LITIGATION
(a)
The terms of this Order are applicable to information produced by a Non-
Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—
10.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection with
this litigation is protected by the remedies and relief provided by this Order. Nothing in these
provisions should be construed as prohibiting a Non-Party from seeking additional protections.
(b)
In the event that a Party is required, by a valid discovery request, to
produce a Non-Party’s confidential information in its possession, and the Party is subject to an
agreement with the Non-Party not to produce the Non-Party’s confidential information, then
the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party
that some or all of the information requested is subject to a confidentiality agreement with a
Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated
Protective Order in this Action, the relevant discovery request(s), and a reasonably specific
description of the information requested; and
(3) make the information requested available for inspection by the NonParty, if requested.
(c) If the Non-Party fails to seek a protective order from this court within 14
days of receiving the notice and accompanying information, the Receiving Party may produce
the Non-Party’s confidential information responsive to the discovery request. If the Non-Party
timely seeks a protective order, the Receiving Party shall not produce any information in its
possession or control that is subject to the confidentiality agreement with the Non-Party before
a determination by the court. Absent a court order to the contrary, the Non-Party shall bear the
burden and expense of seeking protection in this court of its Protected Material.
10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
Material to any person or in any circumstance not authorized under this Stipulated Protective
Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
11.
1
2
3
4
5
Protected Material, (c) inform the person or persons to whom unauthorized disclosures were
made of all the terms of this Order, and (d) request such person or persons to execute the
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
11.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
PRODUCTION
OF
PRIVILEGED
OR
OTHERWISE
PROTECTED MATERIAL
6
7
INADVERTENT
When a Producing Party gives notice to Receiving Parties that certain inadvertently
produced material is subject to a claim of privilege or other protection, the obligations of the
Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
provision is not intended to modify whatever procedure may be established in an e-discovery
order that provides for production without prior privilege review. Pursuant to Federal Rule of
Evidence 502(d) and (e), the parties have reached an agreement on the effect of disclosure of
a communication or information covered by the attorney-client privilege or work product
protection and incorporate their agreement in Section 14 of this Stipulated protective Order.
12.
MISCELLANEOUS
12.1
Right to Further Relief. Nothing in this Order abridges the right of any person to
seek its modification by the Court in the future.
12.2
Right to Assert Other Objections. By stipulating to the entry of this Protective
Order no Party waives any right it otherwise would have to object to disclosing or producing
any information or item on any ground not addressed in this Stipulated Protective Order.
Similarly, no Party waives any right to object on any ground to use in evidence of any of the
material covered by this Protective Order.
12.3
Filing Protected Material. A Party that seeks to file under seal any Protected
Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under
seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue.
If a Party's request to file Protected Material under seal is denied by the court, then the
Receiving Party may file the information in the public record unless otherwise instructed by
the court.
12.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
13.
FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 60 days of a
written request by the Designating Party, each Receiving Party must return all Protected
Material to the Producing Party or destroy such material. As used in this subdivision, “all
Protected Material” includes all copies, abstracts, compilations, summaries, and any other
format reproducing or capturing any of the Protected Material. Whether the Protected Material
is returned or destroyed, the Receiving Party must submit a written letter to the Producing
Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline
that (1) identifies (by category, where appropriate) all the Protected Material that was returned
or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts,
compilations, summaries or any other format reproducing or capturing any of the Protected
Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
correspondence, deposition and trial exhibits, expert reports, attorney work product, and
consultant and expert work product, even if such materials contain Protected Material. Any
such archival copies that contain or constitute Protected Material remain subject to this
Protective Order as set forth in Section 4 (DURATION).
14.
CLAWBACK AGREEMENT
Pursuant to FRE 502(d) and (e), the Parties agree to and the Court orders protection of
privileged and otherwise protected Documents against claims of waiver (including as against
third parties and in other federal and state proceedings) as follows:
(a)
The disclosure or production of Documents by a Producing Party subject
to a legally recognized claim of privilege, including without limitation
the attorney-client privilege and the work-product doctrine, to a
Receiving Party, shall in no way constitute the voluntary disclosure of
such Document.
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
13.
1
2
(b)
shall not result in the waiver of any privilege, evidentiary protection or
3
other protection associated with such Document as to the Receiving Party
4
or any third parties, and shall not result in any waiver, including subject
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
The inadvertent disclosure or production of any Document in this action
matter waiver, of any kind.
(c)
If, during the course of this litigation, a party determines that any
Document produced by another party is or may reasonably be subject to
a legally recognizable privilege or evidentiary protection (“Protected
Document”):
i.
the Receiving Party shall: (A) refrain from reading the Protected
Document any more closely than is necessary to ascertain that it is
privileged or otherwise protected from disclosure;
immediately notify the Producing Party in writing that it has
discovered Documents believed to be privileged or protected; (C)
specifically identify the Protected Documents by Bates number
range or hash value; and, (D) within ten (10) days of discovery by
the Receiving Party, return, sequester, or destroy all copies of such
Protected Documents, along with any notes, abstracts or
compilations of the content thereof. To the extent that a Protected
Document has been loaded into a litigation review database under
the control of the Receiving Party, the Receiving Party shall have
all electronic copies of the Protected Document extracted from the
database. Where such Protected Documents cannot be destroyed
or separated, they shall not be reviewed, disclosed, or otherwise
used by the Receiving Party. Notwithstanding, the Receiving
Party is under no obligation to search or review the Producing
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
(B)
14.
1
Party’s Documents to identify potentially privileged or work
2
product Protected Documents.
3
ii.
4
protection over Documents identified by the Receiving Party as
5
Protected Documents, the Producing Party will, within ten (10)
6
days of receiving the Receiving Party’s written notification
7
described above, inform the Receiving Party of such intention in
8
writing and shall provide the Receiving Party with a log for such
9
Protected Documents that is consistent with the requirements of
10
the Federal Rules of Civil Procedure, setting forth the basis for the
11
claim of privilege or other protection. In the event that any portion
12
of a Protected Document does not contain privileged or protected
13
information, the Producing Party shall also provide to the
14
Receiving Party a redacted copy of the document that omits the
15
information that the Producing Party believes is subject to a claim
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
If the Producing Party intends to assert a claim of privilege or other
of privilege or other protection.
(d)
If, during the course of this litigation, a party determines it has produced
a Protected Document:
i.
the Producing Party may notify the Receiving Party of such
inadvertent production in writing, and demand the return of such
documents. Such notice shall be in writing, however, it may be
delivered orally on the record at a deposition, promptly followed
up in writing. The Producing Party’s written notice will identify
the Protected Document inadvertently produced by bates number
range or hash value, the privilege or protection claimed, and the
basis for the assertion of the privilege and shall provide the
Receiving Party with a log for such Protected Documents that is
15.
1
consistent with the requirements of the Federal Rules of Civil
2
Procedure, setting forth the basis for the claim of privilege or other
3
protection.
4
Document does not contain privileged or protected information,
5
the Producing Party shall also provide to the Receiving Party a
6
redacted copy of the Document that omits the information that the
7
Producing Party believes is subject to a claim of privilege or other
8
protection.
9
ii.
10
sequester, or destroy the Protected Document and any copies,
12
along with any notes, abstracts or compilations of the content
13
thereof. To the extent that a Protected Document has been loaded
14
into a litigation review database under the control of the Receiving
15
Party, the Receiving Party shall have all electronic copies of the
16
18
Protected Document extracted from the database.
(e)
maintained by the Receiving Party prior to the date of receipt of written
20
notice by the Producing Party as set forth in paragraphs 14(c)(ii) and
21
14(d)(i), then the Receiving Party shall sequester such documents until
22
the claim has been resolved.
23
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
If the Receiving Party disclosed the
Protected Document before being notified of its inadvertent production,
24
26
To the extent that the information contained in a Protected Document has
already been used in or described in other documents generated or
19
25
The Receiving Party must, within ten (10) days of receiving the
Producing Party’s written notification described above, return,
11
17
In the event that any portion of the Protected
it must take reasonable steps to retrieve it.
(f)
The Receiving Party’s return, sequestering, or destruction of Protected
Documents as provided herein will not act as a waiver of the Requesting
Party’s right to move for the production of the returned, sequestered, or
16.
1
destroyed documents on the grounds that the documents are not, in fact,
2
subject to a viable claim of privilege or protection.
3
Receiving Party is prohibited and estopped from arguing that:
4
i.
5
ii.
8
iv.
10
26(b)(5)(B), or otherwise.
(g)
is resolved. The Receiving Party may not use the Protected Documents
16
for any purpose absent this Court’s order.
(h)
Protected Documents have been sequestered rather than returned or
20
destroyed by the Receiving Party, the Protected Documents shall be
21
returned or destroyed within 10 (ten) days of the Court’s order. The Court
22
may also order the identification by the Receiving Party of Protected
23
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
Upon a determination by the Court that the Protected Documents are
protected by the applicable privilege or evidentiary protection, and if the
19
26
The
Producing Party shall preserve the Protected Documents until such claim
15
25
Either party may submit Protected Documents to the Court under seal for
a determination of the claim of privilege or other protection.
14
24
the Producing Party failed to take reasonable or timely steps to
rectify the error pursuant to Federal Rule of Civil Procedure
11
18
the Producing Party did not take reasonable steps to prevent the
disclosure of the Protected Documents; or
9
17
the disclosure of the Protected Documents was not inadvertent;
iii.
7
13
the disclosure or production of the Protected Documents acts as a
waiver of an applicable privilege or evidentiary protection;
6
12
However, the
Documents by search terms or other means.
(i)
Nothing contained herein is intended to, or shall serve to limit a party’s
right to conduct a review of documents, data (including electronically
stored information) and other information, including without limitation,
metadata, for relevance, responsiveness, and/or the segregation of
17.
1
privileged and/or protected information before such information is
2
produced to another party.
3
(j)
4
5
6
7
8
9
10
By operation of the Parties’ agreement and Court Order, the Parties are
specifically afforded the protections of FRE 502(d) and (e).
15.
VIOLATION
Any violation of this Order may be punished by appropriate measures including,
without limitation, contempt proceedings, and/or monetary sanctions.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: August 14, 2018
BERENJI LAW FIRM, APC
By:
11
12
13
14
15
DATED: August __, 2018
14
LITTLER MENDELSON, P.C.
By:
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
Shadie L. Berenji
die L. Berenji
Attorney f Pl i tiff Kimberly Woodard
for Plaintiff
18.
/s/ Monica M. Quinn
Monica M. Quinn
Margaret A. Parker
Attorneys for Defendants
The American National Red Cross, American
Red Cross Southern California Blood
Services Region, Erroneously Sued As
American Red Cross Blood Services Southern
California Region
1
EXHIBIT A
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I,
_____________________________
LITTLER MENDELSON, P .C
DELSON, .C.
5 0 0 Ca p i to l M a l l
S u i te 2 0 0 0
S a c r a m e n to CA 9 5 8 1 4
916. 830. 7 200
or
type
full
name],
of
_________________ [print or type full address], declare under penalty of perjury that I have
read in its entirety and understand the Stipulated Protective Order that was issued by the United
States District Court for the Central District of California on ___________in the case of
Kimberly Woodard v. The American National Red Cross, American Red Cross Southern
California Blood Services Region, erroneously sued as American Red Cross Blood Services
Southern California Region, and Does 1 through 30, inclusive, Case No. 2:18-CV-00235-SJO
(AGRx). I agree to comply with and to be bound by all the terms of this Stipulated Protective
Order and I understand and acknowledge that failure to so comply could expose me to
sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose
in any manner any information or item that is subject to this Stipulated Protective Order to any
person or entity except in strict compliance with the provisions of this Order. I further agree
to submit to the jurisdiction of the United States District Court for the Central District of
California for enforcing the terms of this Stipulated Protective Order, even if such enforcement
proceedings occur after termination of this action.
I hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and telephone
number] as my California agent for service of process in connection with this action or any
proceedings related to enforcement of this Stipulated Protective Order.
Date: ______________________________________
City and State where sworn and signed: _________________________________
Printed name: _______________________________
Signature: __________________________________
27
28
[print
Firmwide:156396174.1 096431.1001
19.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?