Jaydee Merana v. FCA US LLC, et al

Filing 20

PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order 19 . (see document for details) (hr)

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1 Penelope M. Deihl, Esq. (SBN 167040) PDeihl@clarkhill.com 2 Cindy A. Kaoud, Esq. (SBN 322640) CKaoud@clarkhill.com 3 Clark Hill LLP 1055 West 7th Street, 24th Floor 4 Los Angeles, California 90017 Telephone: (213) 891-9100 5 Facsimile: (213) 488-1178 6 Attorneys for Defendant, FCA US LLC 7 David N. Barry, Esq. (SBN 219230) 8 Elizabeth Quinn, Esq. (SBN 208919) Carrie Shumake, Esq. (SBN 323883) 9 THE BARRY LAW FIRM 11845 W. Olympic Blvd., Suite 1270W 10 Los Angeles, CA 90064 Telephone: 310.684.5859 11 Facsimile: 310.862.4539 12 Attorneys for Plaintiff, JAYDEE MERANA 13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 18 JAYDEE MERANA, an individual, Plaintiff, 19 v. 20 Case No. 2:20-cv-07643 MWF (KSx) (Los Angeles County Superior Court Case No. 20STCV26747) STIPULATED PROTECTIVE FCA US, LLC, A Delaware Limited 21 Liability Company; and DOES 1 through ORDER 20, inclusive, 22 Complaint Filed: July 16, 2020 Defendants. 23 24 25 1. A. PURPOSES AND LIMITATIONS 26 Discovery in this action is likely to involve production of confidential, 27 proprietary, or private information for which special protection from public 28 disclosure and from use for any purpose other than prosecuting this litigation may be 1 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 2 the following Stipulated Protective Order. The parties acknowledge that this Order 3 does not confer blanket protections on all disclosures or responses to discovery and 4 that the protection it affords from public disclosure and use extends only to the 5 limited information or items that are entitled to confidential treatment under the 6 applicable legal principles. The parties further acknowledge, as set forth in Section 7 12.3, below, that this Stipulated Protective Order does not entitle them to file 8 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 9 that must be followed and the standards that will be applied when a party seeks 10 permission from the court to file material under seal. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, customer and pricing lists and 13 other valuable research, development, commercial, financial, technical and/or 14 proprietary information for which special protection from public disclosure and from 15 use for any purpose other than prosecution of this action is warranted. Such 16 confidential and proprietary materials and information consist of, among other 17 things, confidential business or financial information, information regarding 18 confidential business practices, or other confidential research, development, or 19 commercial information (including information implicating privacy rights of third 20 parties), information otherwise generally unavailable to the public, or which may be 21 privileged or otherwise protected from disclosure under state or federal statutes, 22 court rules, case decisions, or common law. Accordingly, to expedite the flow of 23 information, to facilitate the prompt resolution of disputes over confidentiality of 24 discovery materials, to adequately protect information the parties are entitled to keep 25 confidential, to ensure that the parties are permitted reasonable necessary uses of 26 such material in preparation for and in the conduct of trial, to address their handling 27 at the end of the litigation, and serve the ends of justice, a protective order for such 28 information is justified in this matter. It is the intent of the parties that information 2 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 will not be designated as confidential for tactical reasons and that nothing be so 2 designated without a good faith belief that it has been maintained in a confidential, 3 non-public this case. There is good cause why it should not be part of the public 4 record of this case. 5 2. DEFINITIONS 6 2.1 Action: Jaydee Merana v. FCA US LLC et al., Case No. 2:20- 7 cv-07643. 8 2.2 9 of information or items under this Order. 10 Challenging Party: a Party or Non-Party that challenges the designation 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 11 it is generated, stored or maintained) or tangible things that qualify for protection 12 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 13 Cause Statement. 14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 15 their support staff). 16 2.5 Designating Party: a Party or Non-Party that designates information or 17 items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 2.6 Disclosure or Discovery Material: all items or information, regardless 20 of the medium or manner in which it is generated, stored, or maintained (including, 21 among other things, testimony, transcripts, and tangible things), that are produced or 22 generated in 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 25 an expert witness or as a consultant in this Action. 26 2.8 House Counsel: attorneys who are employees of a party to this Action. 27 House Counsel does not include Outside Counsel of Record or any other outside 28 counsel. 3 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 2.9 Non-Party: any natural person, partnership, corporation, association, or 2 other legal entity not named as a Party to this action. 3 2.10 Outside Counsel of Record: attorneys who are not employees of a party 4 to this Action but are retained to represent or advise a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm which 6 has appeared on behalf of that party, and includes support staff. 7 2.11 Party: any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 2.13 Professional Vendors: persons or entities that provide litigation support 13 services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 2.14 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 19 from a Producing Party. 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 compilations of Protected Material; and (3) any testimony, conversations, or 25 presentations by Parties or their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial shall be governed by the orders of the 27 trial judge. This Order does not govern the use of Protected Material at trial. 28 /// 4 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 4. DURATION 2 Even after final disposition of this litigation, the confidentiality obligations 3 imposed by this Order shall remain in effect until a Designating Party agrees 4 otherwise in writing or a court order otherwise directs. Final disposition shall be 5 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 6 or without prejudice; and (2) final judgment herein after the completion and 7 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 8 including the time limits for filing any motions or applications for extension of time 9 pursuant to applicable law. 10 5. DESIGNATING PROTECTED MATERIAL 11 5.1 12 Each Party or Non-Party that designates information or items for protection Exercise of Restraint and Care in Designating Material for Protection. 13 under this Order must take care to limit any such designation to specific material that 14 qualifies under the appropriate standards. The Designating Party must designate for 15 protection only those parts of material, documents, items, or oral or written 16 communications that qualify so that other portions of the material, documents, items, 17 or communications for which protection is not warranted are not swept unjustifiably 18 within the ambit of this Order. 19 Mass, indiscriminate, or routinized designations are prohibited. Designations 20 that are shown to be clearly unjustified or that have been made for an improper 21 purpose (e.g., to unnecessarily encumber the case development process or to impose 22 unnecessary expenses and burdens on other parties) may expose the Designating 23 Party to sanctions. 24 If it comes to a Designating Party’s attention that information or items that it 25 designated for protection do not qualify for protection, that Designating Party must 26 promptly notify all other Parties that it is withdrawing the inapplicable designation. 27 5.2 Manner and Timing of Designations. Except as otherwise provided in 28 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 5 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 2 under this Order must be clearly so designated before the material is disclosed or 3 produced. 4 5 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 6 documents, but excluding transcripts of depositions or other pretrial or trial 7 proceedings), that the Producing Party affix at a minimum, the legend 8 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 9 contains protected material. If only a portion or portions of the material on a page 10 qualifies for protection, the Producing Party also must clearly identify the protected 11 portion(s) (e.g., by making appropriate markings in the margins). 12 A Party or Non-Party that makes original documents available for inspection 13 need not designate them for protection until after the inspecting Party has indicated 14 which documents it would like copied and produced. During the inspection and 15 before the designation, all of the material made available for inspection shall be 16 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 17 documents it wants copied and produced, the Producing Party must determine which 18 documents, or portions thereof, qualify for protection under this Order. Then, before 19 producing the specified documents, the Producing Party must affix the 20 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 21 portion or portions of the material on a page qualifies for protection, the Producing 22 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 23 markings in the margins). 24 (b) for testimony given in depositions that the Designating Party identify 25 the Disclosure or Discovery Material on the record, before the close of the 26 deposition all protected testimony. 27 (c) for information produced in some form other than documentary and 28 for any other tangible items, that the Producing Party affix in a prominent place on 6 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 the exterior of the container or containers in which the information is stored the 2 legend “CONFIDENTIAL.” If only a portion or portions of the information warrants 3 protection, the Producing Party, to the extent practicable, shall identify the protected 4 portion(s). 5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 6 failure to designate qualified information or items does not, standing alone, waive 7 the Designating Party’s right to secure protection under this Order for such material. 8 Upon timely correction of a designation, the Receiving Party must make reasonable 9 efforts to assure that the material is treated in accordance with the provisions of this 10 Order. 11 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 12 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 13 designation of confidentiality at any time that is consistent with the Court’s 14 Scheduling Order. 15 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 16 on resolution process under Local Rule 37.1 et seq. 17 6.3 The burden of persuasion in any such challenge proceeding shall be 18 on the Designating Party. Frivolous challenges, and those made for an improper 19 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 20 parties) may expose the Challenging Party to sanctions. Unless the Designating 21 Party has waived or withdrawn the confidentiality designation, all parties shall 22 continue to afford the material in question the level of protection to which it is 23 entitled under the Producing Party’s designation until the Court rules on the 24 challenge. 25 7. ACCESS TO AND USE OF PROTECTED MATERIAL 26 7.1 Basic Principles. A Receiving Party may use Protected Material that is 27 disclosed or produced by another Party or by a Non-Party in connection with this 28 Action only for prosecuting, defending, or attempting to settle this Action. Such 7 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 Protected Material may be disclosed only to the categories of persons and under the 2 conditions described in this Order. When the Action has been terminated, a 3 Receiving Party must comply with the provisions of section 13 below (FINAL 4 DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party at a 6 location and in a secure manner that ensures that access is limited to the persons 7 authorized under this Order. 8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 9 otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Receiving Party may disclose any information or item designated 11 “CONFIDENTIAL” only to: 12 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 13 as employees of said Outside Counsel of Record to whom it is reasonably necessary 14 to disclose the information for this Action; the officers, directors, and employees 15 (including House Counsel) of the Receiving Party to whom disclosure is reasonably 16 necessary for this Action; 17 (b) the officers, directors, and employees (including House Counsel) of 18 the Receiving Party to whom disclosure is reasonably necessary for this Action; 19 (c) Experts (as defined in this Order) of the Receiving Party to whom 20 disclosure is reasonably necessary for this Action and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (d) the court and its personnel; 23 (e) court reporters and their staff; 24 (f) professional jury or trial consultants, mock jurors, and Professional 25 Vendors to whom disclosure is reasonably necessary for this Action and who have 26 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (g) the author or recipient of a document containing the information or a 28 custodian or other person who otherwise possessed or knew the information; 8 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 3 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 4 not be permitted to keep any confidential information unless they sign the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 6 agreed by the Designating Party or ordered by the court. Pages of transcribed 7 deposition testimony or exhibits to depositions that reveal Protected Material may be 8 separately bound by the court reporter and may not be disclosed to anyone except as 9 permitted under this Stipulated Protective Order; and 10 (i) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlement discussions. 12 (j) Plaintiff, Jaydee Merana 13 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 14 OTHER LITIGATION 15 If a Party is served with a subpoena or a court order issued in other litigation 16 that compels disclosure of any information or items designated in this Action as 17 CONFIDENTIAL,” that Party must: 18 (a) promptly notify in writing the Designating Party. Such notification 19 shall include a copy of the subpoena or court order; 20 (b) promptly notify in writing the party who caused the subpoena or order 21 to issue in the other litigation that some or all of the material covered by the 22 subpoena or order is subject to this Protective Order. Such notification shall include 23 a copy of this Stipulated Protective Order; and 24 (c) cooperate with respect to all reasonable procedures sought to be 25 pursued by the Designating Party whose Protected Material may be 26 affected. 27 If the Designating Party timely seeks a protective order, the Party served with 28 the subpoena or court order shall not produce any information designated in this 9 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 action as “CONFIDENTIAL” before a determination by the court from which the 2 subpoena or order issued, unless the Party has obtained the Designating Party’s 3 permission. The Designating Party shall bear the burden and expense of seeking 4 protection in that court of its confidential material and nothing in these provisions 5 should be construed as authorizing or encouraging a Receiving Party in this Action 6 to disobey a lawful directive from another court. 7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 8 IN THIS LITIGATION 9 (a) The terms of this Order are applicable to information produced by a 10 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 11 produced by Non-Parties in connection with this litigation is protected by the 12 remedies and relief provided by this Order. Nothing in these provisions should be 13 construed as prohibiting a Non-Party from seeking additional protections. 14 (b) In the event that a Party is required, by a valid discovery request, to 15 produce a Non-Party’s confidential information in its possession, and the Party is 16 subject to an agreement with the Non-Party not to produce the Non-Party’s 17 confidential information, then the Party shall: 18 (1) promptly notify in writing the Requesting Party and the Non-Party that 19 some or all of the information requested is subject to a confidentiality 20 agreement with a Non-Party; 21 (2) promptly provide the Non-Party with a copy of the Stipulated 22 Protective Order in this Action, the relevant discovery request(s), and a 23 reasonably specific description of the information requested; and 24 25 26 (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 27 14 days of receiving the notice and accompanying information, the Receiving Party 28 may produce the Non-Party’s confidential information responsive to the discovery 10 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 2 not produce any information in its possession or control that is subject to the 3 confidentiality agreement with the Non-Party before a determination by the court. 4 Absent a court order to the contrary, the Non-Party shall bear the burden and 5 expense of seeking protection in this court of its Protected Material. 6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 8 Protected Material to any person or in any circumstance not authorized under this 9 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 10 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 11 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 12 persons to whom unauthorized disclosures were made of all the terms of this Order, 13 and (d) request such person or persons to execute the “Acknowledgment and 14 Agreement to Be Bound” that is attached hereto as Exhibit A. 15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 16 PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain 17 18 inadvertently produced material is subject to a claim of privilege or other protection, 19 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 21 may be established in an e-discovery order that provides for production without prior 22 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 23 parties reach an agreement on the effect of disclosure of a communication or 24 information covered by the attorney-client privilege or work product protection, the 25 parties may incorporate their agreement in the stipulated protective order submitted 26 to the court. 27 12. MISCELLANEOUS 28 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 11 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 person to seek its modification by the Court in the future. 2 12.2 Right to Assert Other Objections. By stipulating to the entry of this 3 Protective Order no Party waives any right it otherwise would have to object to 4 disclosing or producing any information or item on any ground not addressed in this 5 Stipulated Protective Order. Similarly, no Party waives any right to object on any 6 ground to use in evidence of any of the material covered by this Protective Order. 7 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 8 Material must comply with Civil Local Rule 79-5. Protected Material may only be 9 filed under seal pursuant to a court order authorizing the sealing of the specific 10 Protected Material at issue. If a Party's request to file Protected Material under seal 11 is denied by the court, then the Receiving Party may file the information in the 12 public record unless otherwise instructed by the court. 13 13. FINAL DISPOSITION 14 After the final disposition of this Action, as defined in paragraph 4, within 60 15 days of a written request by the Designating Party, each Receiving Party must return 16 all Protected Material to the Producing Party or destroy such material. As used in 17 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 18 summaries, and any other format reproducing or capturing any of the Protected 19 Material. Whether the Protected Material is returned or destroyed, the Receiving 20 Party must submit a written certification to the Producing Party (and, if not the same 21 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 22 (by category, where appropriate) all the Protected Material that was returned or 23 destroyed and (2) affirms that the Receiving Party has not retained any copies, 24 abstracts, compilations, summaries or any other format reproducing or capturing any 25 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 26 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 27 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 28 reports, attorney work product, and consultant and expert work product, even if such 12 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 materials contain Protected Material. Any such archival copies that contain or 2 constitute Protected Material remain subject to this Protective Order as set forth in 3 Section 4 (DURATION). 4 14. Any violation of this Order may be punished by any and all appropriate 5 measures including, without limitation, contempt proceedings and/or monetary 6 sanctions. 7 8 9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 11 DATED: February 5, 2021 12 13 14 DATED: February 12, 2021 ______________________/s/__ Attorneys for Plaintiff ___________/s/______________ Attorneys for Defendant 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of Jaydee Merana v. FCA US LLC, Case No. 2:20-cv-07643 8 MWF (KSx). I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that 12 is subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint __________________________ [print or 18 type full name] of _______________________________________ [print or type 19 full address and telephone number] as my California agent for service of process in 20 connection with this action or any proceedings related to enforcement of this 21 Stipulated Protective Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28 15 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 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 16 [PROPOSED] STIPULATED PROTECTIVE ORDER ClarkHill\33014\411032\261780476.v1-1/19/21 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 ClarkHill\33014\411032\261780476.v1-1/19/21

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