Shake Satamian v. Costco Wholesale Corporation, et al

Filing 52

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order 49 . (see document for details) (hr)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10

SHAKE SATAMIAN,

11

Plaintiff,

12
13
14
15

vs.
COSTCO WHOLESALE
CORPORATION dba COSTCO
WHOLESALE WAREHOUSE; and
DOES 1-50, inclusive,

PROTECTIVE ORDER

Defendant.

16
17

Case No. 2:20−cv−05776−VAP(ASx)

1.

A. PURPOSES AND LIMITATIONS

18

Discovery in this action is likely to involve production of confidential,

19

proprietary or private information for which special protection from public disclosure

20

and from use for any purpose other than prosecuting this litigation may be warranted.

21

Accordingly, the parties hereby stipulate to and petition the Court to enter the

22

following Stipulated Protective Order. The parties acknowledge that this Order does

23

not confer blanket protections on all disclosures or responses to discovery and that

24

the protection it affords from public disclosure and use extends only to the limited

25

information or items that are entitled to confidential treatment under the applicable

26

legal principles.

27

///

28

///

1

B. GOOD CAUSE STATEMENT

2

This action is likely to involve trade secrets, technical and/or proprietary

3

information for which special protection from public disclosure and from use for any

4

purpose other than prosecution of this action is warranted. Such confidential and

5

proprietary materials and information consist of, among other things, confidential

6

business information regarding confidential business practices, or other confidential

7

commercial information (including information implicating privacy rights of third

8

parties), information otherwise generally unavailable to the public, or which may be

9

privileged or otherwise protected from disclosure under state or federal statutes, court

10

rules, case decisions, or common law.

Accordingly, to expedite the flow of

11

information, to facilitate the prompt resolution of disputes over confidentiality of

12

discovery materials, to adequately protect information the parties are entitled to keep

13

confidential, to ensure that the parties are permitted reasonable necessary uses of such

14

material in preparation for and in the conduct of trial, to address their handling at the

15

end of the litigation, and serve the ends of justice, a protective order for such

16

information is justified in this matter. It is the intent of the parties that information

17

will not be designated as confidential for tactical reasons and that nothing be so

18

designated without a good faith belief that it has been maintained in a confidential,

19

non-public manner, and there is good cause why it should not be part of the public

20

record of this case.

21

2.

DEFINITIONS

22

2.1

Action: this pending federal lawsuit.

23

2.2

Challenging Party: a Party or Non-Party that challenges the designation

24
25

of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

26

how it is generated, stored or maintained) or tangible things that qualify for protection

27

under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

28

Cause Statement.
2

1
2
3

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

4

items that it produces in disclosures or in responses to discovery as

5

“CONFIDENTIAL.”

6

2.6

Disclosure or Discovery Material: all items or information, regardless

7

of the medium or manner in which it is generated, stored, or maintained (including,

8

among other things, testimony, transcripts, and tangible things) that are produced or

9

generated in disclosures or responses to discovery in this matter.

10

2.7

Expert: a person with specialized knowledge or experience in a matter

11

pertinent to the litigation who has been retained by a Party or its counsel to serve as

12

an expert witness or as a consultant in this Action.

13

2.8

House Counsel: attorneys who are employees of a party to this Action.

14

House Counsel does not include Outside Counsel of Record or any other outside

15

counsel.

16
17

2.9

Non-Party: any natural person, partnership, corporation, association or

other legal entity not named as a Party to this action.

18

2.10 Outside Counsel of Record: attorneys who are not employees of a party

19

to this Action but are retained to represent or advise a party to this Action and have

20

appeared in this Action on behalf of that party or are affiliated with a law firm that

21

has appeared on behalf of that party, and includes support staff.

22

2.11 Party: any party to this Action, including all of its officers, directors,

23

employees, consultants, retained experts, and Outside Counsel of Record (and their

24

support staffs).

25
26

2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

27

2.13 Professional Vendors: persons or entities that provide litigation support

28

services (e.g., photocopying, videotaping, translating, preparing exhibits or
3

1

demonstrations, and organizing, storing, or retrieving data in any form or medium)

2

and their employees and subcontractors.

3

2.14 Protected Material:

4

any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

5
6

from a Producing Party.

7

3.

SCOPE

8

The protections conferred by this Stipulation and Order cover not only

9

Protected Material (as defined above), but also (1) any information copied or extracted

10

from Protected Material; (2) all copies, excerpts, summaries, or compilations of

11

Protected Material; and (3) any testimony, conversations, or presentations by Parties

12

or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

13
14

trial judge. This Order does not govern the use of Protected Material at trial.

15

4.

DURATION

16

Once a case proceeds to trial, information that was designated as

17

CONFIDENTIAL or maintained pursuant to this protective order used or introduced

18

as an exhibit at trial becomes public and will be presumptively available to all

19

members of the public, including the press, unless compelling reasons supported by

20

specific factual findings to proceed otherwise are made to the trial judge in advance

21

of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

22

showing for sealing documents produced in discovery from “compelling reasons”

23

standard when merits-related documents are part of court record). Accordingly, the

24

terms of this protective order do not extend beyond the commencement of the trial.

25

5.

26

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

27

Each Party or Non-Party that designates information or items for protection under this

28

Order must take care to limit any such designation to specific material that qualifies
4

1

under the appropriate standards. The Designating Party must designate for protection

2

only those parts of material, documents, items or oral or written communications that

3

qualify so that other portions of the material, documents, items or communications

4

for which protection is not warranted are not swept unjustifiably within the ambit of

5

this Order.

6

Mass, indiscriminate or routinized designations are prohibited. Designations

7

that are shown to be clearly unjustified or that have been made for an improper

8

purpose (e.g., to unnecessarily encumber the case development process or to impose

9

unnecessary expenses and burdens on other parties) may expose the Designating Party

10

to sanctions.

11

If it comes to a Designating Party’s attention that information or items that it

12

designated for protection do not qualify for protection, that Designating Party must

13

promptly notify all other Parties that it is withdrawing the inapplicable designation.

14

5.2

Manner and Timing of Designations. Except as otherwise provided in

15

this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

16

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

17

under this Order must be clearly so designated before the material is disclosed or

18

produced.

19
20

Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic

21

documents, but excluding transcripts of depositions or other pretrial or trial

22

proceedings), that the Producing Party affix at a minimum, the legend

23

“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

24

contains protected material. If only a portion of the material on a page qualifies for

25

protection, the Producing Party also must clearly identify the protected portion(s)

26

(e.g., by making appropriate markings in the margins).

27

A Party or Non-Party that makes original documents available for inspection

28

need not designate them for protection until after the inspecting Party has indicated
5

1

which documents it would like copied and produced. During the inspection and

2

before the designation, all of the material made available for inspection shall be

3

deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents

4

it wants copied and produced, the Producing Party must determine which documents,

5

or portions thereof, qualify for protection under this Order. Then, before producing

6

the specified documents, the Producing Party must affix the “CONFIDENTIAL

7

legend” to each page that contains Protected Material. If only a portion of the material

8

on a page qualifies for protection, the Producing Party also must clearly identify the

9

protected portion(s) (e.g., by making appropriate markings in the margins).

10

(b) for testimony given in depositions that the Designating Party identifies

11

the Disclosure or Discovery Material on the record, before the close of the deposition

12

all protected testimony.

13

(c) for information produced in some form other than documentary and for

14

any other tangible items, that the Producing Party affix in a prominent place on the

15

exterior of the container or containers in which the information is stored the legend

16

“CONFIDENTIAL.” If only a portion or portions of the information warrants

17

protection, the Producing Party, to the extent practicable, shall identify the protected

18

portion(s).
5.3

19

Inadvertent Failures to Designate. If timely corrected, an inadvertent

20

failure to designate qualified information or items does not, standing alone, waive the

21

Designating Party’s right to secure protection under this Order for such material.

22

Upon timely correction of a designation, the Receiving Party must make reasonable

23

efforts to assure that the material is treated in accordance with the provisions of this

24

Order.

25

6.

26

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges.

Any Party or Non-Party may challenge a

27

designation of confidentiality at any time that is consistent with the Court’s

28

Scheduling Order.
6

6.2

1
2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

3

The burden of persuasion in any such challenge proceeding shall be on

4

the Designating Party. Frivolous challenges, and those made for an improper purpose

5

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

6

expose the Challenging Party to sanctions. Unless the Designating Party has waived

7

or withdrawn the confidentiality designation, all parties shall continue to afford the

8

material in question the level of protection to which it is entitled under the Producing

9

Party’s designation until the Court rules on the challenge.

10
11

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

12

disclosed or produced by another Party or by a Non-Party in connection with this

13

Action only for prosecuting, defending or attempting to settle this Action. Such

14

Protected Material may be disclosed only to the categories of persons and under the

15

conditions described in this Order. When the Action has been terminated, a Receiving

16

Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

17

Protected Material must be stored and maintained by a Receiving Party at a

18

location and in a secure manner that ensures that access is limited to the persons

19

authorized under this Order.

20

Disclosure of “CONFIDENTIAL” Information or Items.

7.2

Unless

21

otherwise ordered by the court or permitted in writing by the Designating Party, a

22

Receiving

23

“CONFIDENTIAL” only to:

Party

may

disclose

any

information

or

item

designated

24

(a) the Receiving Party’s Outside Counsel of Record in this Action, as well

25

as employees of said Outside Counsel of Record to whom it is reasonably necessary

26

to disclose the information for this Action;

27
28

(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;
7

1

(c) Experts (as defined in this Order) of the Receiving Party to whom

2

disclosure is reasonably necessary for this Action and who have signed the

3

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

4

(d) the court and its personnel;

5

(e) court reporters and their staff;

6

(f) professional jury or trial consultants, mock jurors, and Professional

7

Vendors to whom disclosure is reasonably necessary for this Action and who have

8

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(g) the author or recipient of a document containing the information or a

9
10

custodian or other person who otherwise possessed or knew the information;

11

(h) during their depositions, witnesses, and attorneys for witnesses, in the

12

Action to whom disclosure is reasonably necessary provided: (1) the deposing party

13

requests that the witness sign the form attached as Exhibit A hereto; and (2) they will

14

not be permitted to keep any confidential information unless they sign the

15

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

16

agreed by the Designating Party or ordered by the court. Pages of transcribed

17

deposition testimony or exhibits to depositions that reveal Protected Material may be

18

separately bound by the court reporter and may not be disclosed to anyone except as

19

permitted under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,

20
21

mutually agreed upon by any of the parties engaged in settlement discussions.

22

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

23

IN OTHER LITIGATION

24

If a Party is served with a subpoena or a court order issued in other litigation

25

that compels disclosure of any information or items designated in this Action as

26

“CONFIDENTIAL,” that Party must:

27
28

(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
8

1

(b) promptly notify in writing the party who caused the subpoena or order

2

to issue in the other litigation that some or all of the material covered by the subpoena

3

or order is subject to this Protective Order. Such notification shall include a copy of

4

this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued

5
6

by the Designating Party whose Protected Material may be affected.

7

If the Designating Party timely seeks a protective order, the Party served with

8

the subpoena or court order shall not produce any information designated in this action

9

as “CONFIDENTIAL” before a determination by the court from which the subpoena

10

or order issued, unless the Party has obtained the Designating Party’s permission. The

11

Designating Party shall bear the burden and expense of seeking protection in that court

12

of its confidential material and nothing in these provisions should be construed as

13

authorizing or encouraging a Receiving Party in this Action to disobey a lawful

14

directive from another court.

15

9.

16

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION

17

(a) The terms of this Order are applicable to information produced by a

18

Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

19

produced by Non-Parties in connection with this litigation is protected by the

20

remedies and relief provided by this Order. Nothing in these provisions should be

21

construed as prohibiting a Non-Party from seeking additional protections.

22

(b) In the event that a Party is required, by a valid discovery request, to

23

produce a Non-Party’s confidential information in its possession, and the Party is

24

subject to an agreement with the Non-Party not to produce the Non-Party’s

25

confidential information, then the Party shall:

26

(1) promptly notify in writing the Requesting Party and the Non-Party

27

that some or all of the information requested is subject to a confidentiality agreement

28

with a Non-Party;
9

1

(2) promptly provide the Non-Party with a copy of the Stipulated

2

Protective Order in this Action, the relevant discovery request(s), and a reasonably

3

specific description of the information requested; and
(3) make the information requested available for inspection by the Non-

4
5

Party, if requested.

6

(c) If the Non-Party fails to seek a protective order from this court within

7

14 days of receiving the notice and accompanying information, the Receiving Party

8

may produce the Non-Party’s confidential information responsive to the discovery

9

request. If the Non-Party timely seeks a protective order, the Receiving Party shall

10

not produce any information in its possession or control that is subject to the

11

confidentiality agreement with the Non-Party before a determination by the court.

12

Absent a court order to the contrary, the Non-Party shall bear the burden and expense

13

of seeking protection in this court of its Protected Material.

14

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

15

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

16

Protected Material to any person or in any circumstance not authorized under this

17

Stipulated Protective Order, the Receiving Party must immediately (a) notify in

18

writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

19

to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

20

persons to whom unauthorized disclosures were made of all the terms of this Order,

21

and (d) request such person or persons to execute the “Acknowledgment and

22

Agreement to Be Bound” that is attached hereto as Exhibit A.

23

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

24

PROTECTED MATERIAL

25

When a Producing Party gives notice to Receiving Parties that certain

26

inadvertently produced material is subject to a claim of privilege or other protection,

27

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

28

Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
10

1

may be established in an e-discovery order that provides for production without prior

2

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

3

parties reach an agreement on the effect of disclosure of a communication or

4

information covered by the attorney-client privilege or work product protection, the

5

parties may incorporate their agreement in the stipulated protective order submitted

6

to the court.

7

12.

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

8
9

MISCELLANEOUS

person to seek its modification by the Court in the future.

10

12.2 Right to Assert Other Objections. By stipulating to the entry of this

11

Protective Order, no Party waives any right it otherwise would have to object to

12

disclosing or producing any information or item on any ground not addressed in this

13

Stipulated Protective Order. Similarly, no Party waives any right to object on any

14

ground to use in evidence of any of the material covered by this Protective Order.

15

12.3 Filing Protected Material. A Party that seeks to file under seal any

16

Protected Material must comply with Local Civil Rule 79-5. Protected Material may

17

only be filed under seal pursuant to a court order authorizing the sealing of the specific

18

Protected Material at issue. If a Party’s request to file Protected Material under seal

19

is denied by the court, then the Receiving Party may file the information in the public

20

record unless otherwise instructed by the court.

21

13.

FINAL DISPOSITION

22

After the final disposition of this Action, as defined in paragraph 4, within 60

23

days of a written request by the Designating Party, each Receiving Party must return

24

all Protected Material to the Producing Party or destroy such material. As used in this

25

subdivision, “all Protected Material” includes all copies, abstracts, compilations,

26

summaries, and any other format reproducing or capturing any of the Protected

27

Material. Whether the Protected Material is returned or destroyed, the Receiving

28

Party must submit a written certification to the Producing Party (and, if not the same
11

5/31/2021

Michael Miretsky

1
2

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

3
4
5
6
7

DATED:________________________
June 4, 2021
/ s / Sagar
_____________________________________
Honorable Alka Sagar
United States Magistrate Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

13

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I,

_____________________________

[print

or

type

full

name],

of

5

_________________ [print or type full address], declare under penalty of perjury

6

that I have read in its entirety and understand the Stipulated Protective Order that

7

was issued by the United States District Court for the Central District of California

8

on ______ [date] in the case of Shake Satamian v. Costco Wholesale

9

Corporation, et al 2:20−cv−05776−VAP(ASx). I agree to comply with and to be

10

bound by all the terms of this Stipulated Protective Order and I understand and

11

acknowledge that failure to so comply could expose me to sanctions and

12

punishment in the nature of contempt. I solemnly promise that I will not disclose in

13

any manner any information or item that is subject to this Stipulated Protective

14

Order to any person or entity except in strict compliance with the provisions of this

15

Order.

16

I further agree to submit to the jurisdiction of the United States District Court for

17

the Central District of California for enforcing the terms of this Stipulated

18

Protective Order, even if such enforcement proceedings occur after termination of

19

this action. I hereby appoint __________________________ [print or type

20

full name] of _______________________________________ [print or type

21

full address and telephone number] as my California agent for service of process

22

in connection with this action or any proceedings related to enforcement of this

23

Stipulated Protective Order.

24

Date: ______________________________________

25

City and State where sworn and signed: _________________________________

26
27

Printed name: _______________________________

28

14
Signature: __________________________________