Ana M. Castro v. United States of America et al

Filing 24

STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 23 (dml)

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1 2 3 4 5 ALEXANDRA T. STEELE, State Bar No. 291399 Steele Cooper Law 175 S. El Molina Ave., Suite 9 Pasadena, CA 91101 Telephone: (626) 709-5501 ♦ Facsimile: (626) 710-4271 Attorneys for Plaintiff 13 NICOLA T. HANNA United States Attorney DAVID M. HARRIS Assistant United States Attorney Chief, Civil Division JOANNE S. OSINOFF (Cal. Bar No. 141489) Assistant United States Attorney Chief, General Civil Section JOSEPH A. DARROW Assistant United States Attorney Federal Building, Suite 7516 300 North Los Angeles Street Los Angeles, California 90012 Telephone: (213) 894-0436 Facsimile: (213) 894-7819 E-mail: 14 Attorneys for the United States of America 6 7 8 9 10 11 12 15 UNITED STATES DISTRICT COURT 16 FOR THE CENTRAL DISTRICT OF CALIFORNIA 17 18 19 WESTERN DIVISION ANA M. CASTRO, an individual, Plaintiff, 20 21 22 v. Case No. EDCV 19-8579 ODW (RAOx) STIPULATED PROTECTIVE ORDER UNITED STATES OF AMERICA, et al., 23 Defendants, 24 25 26 27 28 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 1 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 2 parties hereby stipulate to and petition the Court to enter the following Stipulated 3 Protective Order. The parties acknowledge that this Order does not confer blanket 4 protections on all disclosures or responses to discovery and that the protection it affords 5 from public disclosure and use extends only to the limited information or items that are 6 entitled to confidential treatment under the applicable legal principles. The parties further 7 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does 8 not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth 9 the procedures that must be followed and the standards that will be applied when a party 10 seeks permission from the court to file material under seal. 11 12 B. GOOD CAUSE STATEMENT 13 Good cause exists for this protective order. This action is likely to involve internal 14 agency documents, personally identifiable and confidential information of governmental 15 employees who are not parties to this action, and information otherwise protected from 16 disclosure by the Privacy Act, 5 U.S.C. § 552a, for which special protection from public 17 disclosure and from use for any purpose other than prosecution of this action is warranted. 18 Such confidential and proprietary materials and information consist of, confidential 19 agency documents and personnel files, information concerning the identification and 20 personal, employment, and training history of specified employees, and information 21 otherwise protected by the Privacy Act or generally unavailable to the public, or which 22 may be privileged or otherwise protected from disclosure under state or federal statutes, 23 court rules, case decisions, or common law. Accordingly, to expedite the flow of 24 information, to facilitate the prompt resolution of disputes over confidentiality of 25 discovery materials, to adequately protect information the parties are entitled to keep 26 confidential, to ensure that the parties are permitted reasonable necessary uses of such 27 material in preparation for and in the conduct of trial, to address their handling at the end 28 of the litigation, and serve the ends of justice, a protective order for such information is 2 1 justified in this matter. It is the intent of the parties that information will not be designated 2 as confidential for tactical reasons and that nothing be so designated without a good faith 3 belief that it has been maintained in a confidential, non-public manner, and there is good 4 cause why it should not be part of the public record of this case. 5 6 7 8 9 10 11 2. DEFINITIONS 2.1 Action: Ana Castro v. United States of America, No. CV 19-8579 ODW (RAOx) (C.D. Cal.). 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 12 is generated, stored or maintained) or tangible things that qualify for protection under 13 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 14 Statement. 15 16 17 18 19 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.6 Disclosure or Discovery Material: all items or information, regardless of the 20 medium or manner in which it is generated, stored, or maintained (including, among other 21 things, testimony, transcripts, and tangible things), that are produced or generated in 22 disclosures or responses to discovery in this matter. 23 2.7 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 25 expert witness or as a consultant in this Action. 26 27 28 2.8 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. 2.9 Non-Party: any natural person, partnership, corporation, association, or other 3 1 legal entity not named as a Party to this action. 2 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 3 this Action but are retained to represent or advise a party to this Action and have appeared 4 in this Action on behalf of that party or are affiliated with a law firm which has appeared 5 on behalf of that party, and includes support staff. 6 2.11 Party: any party to this Action, including all of its officers, directors, 7 employees, consultants, retained experts, and Outside Counsel of Record (and their 8 support staffs). 9 10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 11 2.13 Professional Vendors: persons or entities that provide litigation support 12 services 13 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 14 their employees and subcontractors. 15 16 photocopying, videotaping, translating, preparing exhibits or 2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 17 18 (e.g., 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 19 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only Protected 22 Material (as defined above), but also (1) any information copied or extracted from 23 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 24 Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel 25 that might reveal Protected Material. 26 27 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. 28 4 1 4. DURATION 2 Even after final disposition of this litigation, the confidentiality obligations imposed 3 by this Order shall remain in effect until a Designating Party agrees otherwise in writing 4 or a court order otherwise directs. Final disposition shall be deemed to be the later of 5 (1) dismissal of all claims and defenses in this Action, with or without prejudice; and 6 (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, 7 remands, trials, or reviews of this Action, including the time limits for filing any motions 8 or applications for extension of time pursuant to applicable law. 9 10 11 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 12 Party or Non-Party that designates information or items for protection under this Order 13 must take care to limit any such designation to specific material that qualifies under the 14 appropriate standards. The Designating Party must designate for protection only those 15 parts of material, documents, items, or oral or written communications that qualify so that 16 other portions of the material, documents, items, or communications for which protection 17 is not warranted are not swept unjustifiably within the ambit of this Order. 18 Mass, indiscriminate, or routinized designations are prohibited. Designations that 19 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 20 to unnecessarily encumber the case development process or to impose unnecessary 21 expenses and burdens on other parties) may expose the Designating Party to sanctions. 22 If it comes to a Designating Party’s attention that information or items that it 23 designated for protection do not qualify for protection, that Designating Party must 24 promptly notify all other Parties that it is withdrawing the inapplicable designation. 25 5.2 Manner and Timing of Designations. Except as otherwise provided in this 26 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 27 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 28 must be clearly so designated before the material is disclosed or produced. 5 1 Designation in conformity with this Order requires: (a) 2 for information in documentary form (e.g., paper or electronic 3 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), 4 that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 5 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 6 portion or portions of the material on a page qualifies for protection, the Producing Party 7 also must clearly identify the protected portion(s) (e.g., by making appropriate markings 8 in the margins). 9 A Party or Non-Party that makes original documents available for inspection need 10 not designate them for protection until after the inspecting Party has indicated which 11 documents it would like copied and produced. During the inspection and before the 12 designation, all of the material made available for inspection shall be deemed 13 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 14 copied and produced, the Producing Party must determine which documents, or portions 15 thereof, qualify for protection under this Order. Then, before producing the specified 16 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 17 that contains Protected Material. If only a portion or portions of the material on a page 18 qualifies for protection, the Producing Party also must clearly identify the protected 19 portion(s) (e.g., by making appropriate markings in the margins). (b) 20 for testimony given in depositions that the Designating Party identify 21 the Disclosure or Discovery Material on the record, before the close of the deposition all 22 protected testimony. (c) 23 for information produced in some form other than documentary and 24 for any other tangible items, that the Producing Party affix in a prominent place on the 25 exterior of the container or containers in which the information is stored the legend 26 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 27 the Producing Party, to the extent practicable, shall identify the protected portion(s). 28 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 6 1 to designate qualified information or items does not, standing alone, waive the Designating 2 Party’s right to secure protection under this Order for such material. Upon timely 3 correction of a designation, the Receiving Party must make reasonable efforts to assure 4 that the material is treated in accordance with the provisions of this Order. 5 6. 6 7 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. 8 9 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 10 6.3 The burden of persuasion in any such challenge proceeding shall be on the 11 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to 12 harass or impose unnecessary expenses and burdens on other parties) may expose the 13 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the 14 confidentiality designation, all parties shall continue to afford the material in question the 15 level of protection to which it is entitled under the Producing Party’s designation until the 16 Court rules on the challenge. 17 18 19 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 20 disclosed or produced by another Party or by a Non-Party in connection with this Action 21 only for prosecuting, defending, or attempting to settle this Action. Such Protected 22 Material may be disclosed only to the categories of persons and under the conditions 23 described in this Order. When the Action has been terminated, a Receiving Party must 24 comply with the provisions of section 13 below (FINAL DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a location 26 and in a secure manner that ensures that access is limited to the persons authorized under 27 this Order. 28 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 7 1 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 2 may disclose any information or item designated “CONFIDENTIAL” only to: (a) 3 the Receiving Party’s Outside Counsel of Record in this Action, as 4 well as employees of said Outside Counsel of Record to whom it is reasonably necessary 5 to disclose the information for this Action; (b) 6 7 the Receiving Party to whom disclosure is reasonably necessary for this Action; (c) 8 9 10 the officers, directors, and employees (including House Counsel) of 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); 11 (d) the court and its personnel; 12 (e) court reporters and their staff; 13 (f) professional jury or trial consultants, mock jurors, and Professional 14 Vendors to whom disclosure is reasonably necessary for this Action and who have signed 15 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (g) 16 17 the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) 18 during their depositions, witnesses, and attorneys for witnesses, in the 19 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 20 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not 21 be permitted to keep any confidential information unless they sign the “Acknowledgment 22 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 23 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 24 depositions that reveal Protected Material may be separately bound by the court reporter 25 and may not be disclosed to anyone except as permitted under this Stipulated Protective 26 Order; and 27 28 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 8 1 2 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 3 OTHER LITIGATION 4 If a Party is served with a subpoena or a court order issued in other litigation that 5 compels disclosure of any information or items designated in this Action as 6 “CONFIDENTIAL,” that Party must: 7 8 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the subpoena or order 10 to issue in the other litigation that some or all of the material covered by the subpoena or 11 order is subject to this Protective Order. Such notification shall include a copy of this 12 Stipulated Protective Order; and 13 14 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 15 If the Designating Party timely seeks a protective order, the Party served with the 16 subpoena or court order shall not produce any information designated in this action as 17 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 18 issued, unless the Party has obtained the Designating Party’s permission. The Designating 19 Party shall bear the burden and expense of seeking protection in that court of its 20 confidential material and nothing in these provisions should be construed as authorizing 21 or encouraging a Receiving Party in this Action to disobey a lawful directive from another 22 court. 23 24 25 26 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 27 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 28 produced by Non-Parties in connection with this litigation is protected by the remedies 9 1 and relief provided by this Order. Nothing in these provisions should be construed as 2 prohibiting a Non-Party from seeking additional protections. (b) 3 In the event that a Party is required, by a valid discovery request, to 4 produce a Non-Party’s confidential information in its possession, and the Party is subject 5 to an agreement with the Non-Party not to produce the Non-Party’s confidential 6 information, then the Party shall: (1) 7 promptly notify in writing the Requesting Party and the 8 Non-Party that some or all of the information requested is subject to a confidentiality 9 agreement with a Non-Party; (2) 10 promptly provide the Non-Party with a copy of the Stipulated 11 Protective Order in this Action, the relevant discovery request(s), and a reasonably specific 12 description of the information requested; and (3) 13 14 make the information requested available for inspection by the Non-Party, if requested. (c) 15 If the Non-Party fails to seek a protective order from this court within 16 14 days of receiving the notice and accompanying information, the Receiving Party may 17 produce the Non-Party’s confidential information responsive to the discovery request. If 18 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 19 information in its possession or control that is subject to the confidentiality agreement with 20 the Non-Party before a determination by the court. Absent a court order to the contrary, 21 the Non-Party shall bear the burden and expense of seeking protection in this court of its 22 Protected Material. 23 24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 26 Protected Material to any person or in any circumstance not authorized under this 27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 28 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 10 1 unauthorized copies of the Protected Material, (c) inform the person or persons to whom 2 unauthorized disclosures were made of all the terms of this Order, and (d) request such 3 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is 4 attached hereto as Exhibit A. 5 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 7 PROTECTED MATERIAL 8 When a Producing Party gives notice to Receiving Parties that certain inadvertently 9 produced material is subject to a claim of privilege or other protection, the obligations of 10 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 11 This provision is not intended to modify whatever procedure may be established in an e- 12 discovery order that provides for production without prior privilege review. Pursuant to 13 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 14 effect of disclosure of a communication or information covered by the attorney-client 15 privilege or work product protection, the parties may incorporate their agreement in the 16 stipulated protective order submitted to the court. 17 18 19 20 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. 21 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 22 Order no Party waives any right it otherwise would have to object to disclosing or 23 producing any information or item on any ground not addressed in this Stipulated 24 Protective Order. Similarly, no Party waives any right to object on any ground to use in 25 evidence of any of the material covered by this Protective Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 27 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 28 under seal pursuant to a court order authorizing the sealing of the specific Protected 11 1 Material at issue. If a Party's request to file Protected Material under seal is denied by the 2 court, then the Receiving Party may file the information in the public record unless 3 otherwise instructed by the court. 4 5 13. FINAL DISPOSITION 6 After the final disposition of this Action, as defined in paragraph 4, within 60 days 7 of a written request by the Designating Party, each Receiving Party must return all 8 Protected Material to the Producing Party or destroy such material. As used in this 9 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 10 summaries, and any other format reproducing or capturing any of the Protected Material. 11 Whether the Protected Material is returned or destroyed, the Receiving Party must submit 12 a written certification to the Producing Party (and, if not the same person or entity, to the 13 Designating Party) by the 60 day deadline that (1) identifies (by category, where 14 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that 15 the Receiving Party has not retained any copies, abstracts, compilations, summaries or any 16 other format reproducing or capturing any of the Protected Material. Notwithstanding this 17 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, 18 trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition 19 and trial exhibits, expert reports, attorney work product, and consultant and expert work 20 product, even if such materials contain Protected Material. Any such archival copies that 21 contain or constitute Protected Material remain subject to this Protective Order as set forth 22 in Section 4 (DURATION). 23 // 24 // 25 // 26 // 27 // 28 // 12 1 14. Any violation of this Order may be punished by any and all appropriate measures 2 including, without limitation, contempt proceedings and/or monetary sanctions. 3 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 DATED____11/18/2020____________________ 7 8 9 10 11 12 13 /s/ Alexandra T. Steele Attorneys for Plaintiff DATED:__11.16.2020________________ /s/ Joseph A. Darrow Attorneys for Defendant 14 15 16 17 18 19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: November 19, 2020 20 21 22 Hon, Rozella A. Oliver United States Magistrate Judge 23 24 25 26 27 28 13 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I, _____________________________ [print 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 [date] in the case of Ana Castro v. United States of America, No. CV 19-8579 ODW (RAOx). 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 the purpose of 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: ________________________________________________ 26 27 28 14

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