Ginger Rosales v. Blazin Wings, Inc. et al

Filing 17

PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order 16 . (see document for details) (hr)

1 Frederick M. Heiser, Bar No. 232582
KLINEDINST PC
2 2 Park Plaza, Suite 1250
Irvine, California 92614
3 [phone]/FAX [phone]
[e-mail]
4
Emily J. Atherton, Bar No. 239837
5 KLINEDINST PC
777 S. Figueroa Street, Suite 4000
6 Los Angeles, California 90017
[phone]/FAX [phone]
7 [e-mail]
8 Attorneys for Defendant
BLAZIN WINGS, INC.
9
10

UNITED STATES DISTRICT COURT

KLINEDINST PC
2 PARK PLAZA, SUITE 1250
IRVINE, CALIFORNIA 92614

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CENTRAL DISTRICT OF CALIFORNIA

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13
14

GINGER ROSALES,

15
16

Case No. 2:21-cv-04143-AB (KSx)

Plaintiff,

STIPULATED PROTECTIVE
ORDER

v.

BUFFALO WILD WINGS, and DOES
17 1 through 100, Inclusive,
Defendants.

18
19
20 I.

PURPOSES AND LIMITATIONS

21

A.

22

proprietary, or private information for which special protection from public

23

disclosure and from use for any purpose other than prosecuting this litigation

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may be warranted. Accordingly, the parties hereby stipulate to and petition

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the Court to enter the following Stipulated Protective Order. The parties

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acknowledge that this Order does not confer blanket protections on all

27

disclosures or responses to discovery and that the protection it affords from

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public disclosure and use extends only to the limited information or items that

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

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STIPULATED PROTECTIVE ORDER

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are entitled to confidential treatment under the applicable legal principles.

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The parties further acknowledge, as set forth in Section XIII(C), below, that

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this Stipulated Protective Order does not entitle them to file confidential

4

information under seal; Civil Local Rule 79-5 sets forth the procedures that

5

must be followed and the standards that will be applied when a party seeks

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permission from the Court to file material under seal.

7 II.

GOOD CAUSE STATEMENT

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Good cause exists for entry of the Stipulated Protective Order. The nature of

9

the case requires the parties to seek and/or produce documents and

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information and elicit deposition testimony, the disclosure of which may pose

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a substantial risk of harm to the parties’ legitimate proprietary interests, as

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well as other interests relating to security and privacy. This Stipulation and

13

Order provides reasonable restrictions on the disclosure of such sensitive

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material.

15

A.

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and other valuable research, development, commercial, financial, technical

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and/or proprietary information for which special protection from public

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disclosure and from use for any purpose other than prosecution of this action

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is warranted. Such confidential and proprietary materials and information

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consist of, among other things, confidential business or financial information,

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information regarding confidential business practices, or other confidential

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research, development, or commercial information (including information

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implicating privacy rights of third parties), information otherwise generally

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unavailable to the public, or which may be privileged or otherwise protected

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from disclosure under state or federal statutes, court rules, case decisions, or

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common law. Accordingly, to expedite the flow of information, to facilitate

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the prompt resolution of disputes over confidentiality of discovery materials,

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to adequately protect information the parties are entitled to keep confidential,

This action is likely to involve trade secrets, customer and pricing lists

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STIPULATED PROTECTIVE ORDER

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

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

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handling at the end of the litigation, and serve the ends of justice, a protective

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order for such information is justified in this matter. It is the intent of the

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parties that information will not be designated as confidential for tactical

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reasons and that nothing be so designated without a good faith belief that it

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has been maintained in a confidential, non-public manner, and there is good

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cause why it should not be part of the public record of this case.

9 III.

DEFINITIONS

10

A.

Action: Ginger Rosales v. Buffalo Wild Wings., et al., Case No. 2:21-

11

cv-04143-AB (KSx).

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B.

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designation of information or items under this Order.

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C.

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

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protection under Federal Rule of Civil Procedure 26(c), and as specified

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above in the Good Cause Statement.

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D.

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their support staff).

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E.

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

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“CONFIDENTIAL.”

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F.

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

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(including, among other things, testimony, transcripts, and tangible things),

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that are produced or generated in disclosures or responses to discovery in this

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matter.

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G.

Challenging Party: A Party or Non-Party that challenges the
“CONFIDENTIAL” Information or Items: Information (regardless of

Counsel: Outside Counsel of Record and House Counsel (as well as
Designating Party: A Party or Non-Party that designates information or

Disclosure or Discovery Material: All items or information, regardless

Expert: A person with specialized knowledge or experience in a matter
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STIPULATED PROTECTIVE ORDER

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

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serve as an expert witness or as a consultant in this Action.

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H.

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

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outside counsel.

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I.

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

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J.

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

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

Non-Party: Any natural person, partnership, corporation, association,
Outside Counsel of Record: Attorneys who are not employees of a

10

Action and have appeared in this Action on behalf of that party or are

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affiliated with a law firm which has appeared on behalf of that party, and

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includes support staff.

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K.

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

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their support staffs).

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L.

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Discovery Material in this Action.

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M.

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support services (e.g., photocopying, videotaping, translating, preparing

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exhibits or demonstrations, and organizing, storing, or retrieving data in any

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form or medium) and their employees and subcontractors.

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N.

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designated as “CONFIDENTIAL.”

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O.

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Material from a Producing Party.

26 IV.

SCOPE

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A.

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

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

Producing Party: A Party or Non-Party that produces Disclosure or
Professional Vendors: Persons or entities that provide litigation

Protected Material: Any Disclosure or Discovery Material that is
Receiving Party: A Party that receives Disclosure or Discovery

The protections conferred by this Stipulation and Order cover not only

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STIPULATED PROTECTIVE ORDER

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development process or to impose unnecessary expenses and burdens

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on other parties) may expose the Designating Party to sanctions.

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3.

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items that it designated for protection do not qualify for protection, that

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Designating Party must promptly notify all other Parties that it is

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withdrawing the inapplicable designation.

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B.

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

Manner and Timing of Designations

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1.

Except as otherwise provided in this Order (see, e.g., Section

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B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or

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Discovery Material that qualifies for protection under this Order must

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be clearly so designated before the material is disclosed or produced.

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2.

Designation in conformity with this Order requires the following:

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a.

For information in documentary form (e.g., paper or

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electronic documents, but excluding transcripts of depositions or

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other pretrial or trial proceedings), that the Producing Party affix

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at a minimum, the legend “CONFIDENTIAL” (hereinafter

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“CONFIDENTIAL legend”), to each page that contains

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protected material. If only a portion or portions of the material

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

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clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).

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b.

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available for inspection need not designate them for protection

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until after the inspecting Party has indicated which documents it

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would like copied and produced. During the inspection and

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before the designation, all of the material made available for

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inspection shall be deemed “CONFIDENTIAL.” After the

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inspecting Party has identified the documents it wants copied and

A Party or Non-Party that makes original documents

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produced, the Producing Party must determine which documents,

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or portions thereof, qualify for protection under this Order.

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Then, before producing the specified documents, the Producing

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Party must affix the “CONFIDENTIAL legend” to each page

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that contains Protected Material. If only a portion or portions of

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the material on a page qualifies for protection, the Producing

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Party also must clearly identify the protected portion(s) (e.g., by

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making appropriate markings in the margins).

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c.

For testimony given in depositions, that the Designating

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Party identify the Disclosure or Discovery Material on the

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record, before the close of the deposition all protected testimony.

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d.

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and for any other tangible items, that the Producing Party affix in

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a prominent place on the exterior of the container or containers

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in which the information is stored the legend

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

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information warrants protection, the Producing Party, to the

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extent practicable, shall identify the protected portion(s).

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C.

For information produced in form other than document

Inadvertent Failure to Designate

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1.

If timely corrected, an inadvertent failure to designate qualified

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information or items does not, standing alone, waive the Designating

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

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Upon timely correction of a designation, the Receiving Party must

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make reasonable efforts to assure that the material is treated in

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accordance with the provisions of this Order.

26 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
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A.

Timing of Challenges
1.

Any party or Non-Party may challenge a designation of
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STIPULATED PROTECTIVE ORDER

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

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Scheduling Order.

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B.

Meet and Confer

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1.

The Challenging Party shall initiate the dispute resolution

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process under Local Rule 37.1 et seq.

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C.

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

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

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Unless the

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Designating Party has waived or withdrawn the confidentiality designation,

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all parties shall continue to afford the material in question the level of

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protection to which it is entitled under the Producing Party’s designation until

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the Court rules on the challenge.

14 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
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A.

Basic Principles

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1.

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

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

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Action. Such Protected Material may be disclosed only to the

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categories of persons and under the conditions described in this Order.

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When the Action has been terminated, a Receiving Party must comply

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with the provisions of Section XIV below.

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2.

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Party at a location and in a secure manner that ensures that access is

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limited to the persons authorized under this Order.

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B.

A Receiving Party may use Protected Material that is disclosed

Protected Material must be stored and maintained by a Receiving

Disclosure of “CONFIDENTIAL” Information or Items

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1.

Unless otherwise ordered by the Court or permitted in writing by

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the Designating Party, a Receiving Party may disclose any information
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STIPULATED PROTECTIVE ORDER

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or item designated “CONFIDENTIAL” only to:

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a.

The Receiving Party’s Outside Counsel of Record in this

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Action, as well as employees of said Outside Counsel of Record

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to whom it is reasonably necessary to disclose the information

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for this Action;

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b.

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Counsel) of the Receiving Party to whom disclosure is

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reasonably necessary for this Action;

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c.

The officers, directors, and employees (including House

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

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whom disclosure is reasonably necessary for this Action and who

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have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A);

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d.

The Court and its personnel;

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e.

Court reporters and their staff;

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f.

Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably

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necessary or this Action and who have signed the

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“Acknowledgment and Agreement to be Bound” attached as

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Exhibit A hereto;

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g.

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information or a custodian or other person who otherwise

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possessed or knew the information;

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h.

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witnesses, in the Action to whom disclosure is reasonably

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necessary provided: (i) the deposing party requests that the

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witness sign the “Acknowledgment and Agreement to Be

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Bound;” and (ii) they will not be permitted to keep any

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confidential information unless they sign the “Acknowledgment

The author or recipient of a document containing the

During their depositions, witnesses, and attorneys for

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and Agreement to Be Bound,” unless otherwise agreed by the

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Designating Party or ordered by the Court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal

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Protected Material may be separately bound by the court reporter

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and may not be disclosed to anyone except as permitted under

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this Stipulated Protective Order; and

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i.

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personnel, mutually agreed upon by any of the parties engaged in

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settlement discussions.

Any mediator or settlement officer, and their supporting

10 IX.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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A.

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litigation that compels disclosure of any information or items designated in

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this Action as “CONFIDENTIAL,” that Party must:

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

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1.

Promptly notify in writing the Designating Party. Such

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notification shall include a copy of the subpoena or court order;

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2.

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order to issue in the other litigation that some or all of the material

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covered by the subpoena or order is subject to this Protective Order.

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Such notification shall include a copy of this Stipulated Protective

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Order; and

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3.

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pursued by the Designating Party whose Protected Material may be

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affected.

Promptly notify in writing the party who caused the subpoena or

Cooperate with respect to all reasonable procedures sought to be

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B.

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

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served with the subpoena or court order shall not produce any information

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designated in this action as “CONFIDENTIAL” before a determination by the

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Court from which the subpoena or order issued, unless the Party has obtained
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the Designating Party’s permission. The Designating Party shall bear the

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burden and expense of seeking protection in that court of its confidential

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material and nothing in these provisions should be construed as authorizing or

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encouraging a Receiving Party in this Action to disobey a lawful directive

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from another court.

6 X.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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A.

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

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

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information produced by Non-Parties in connection with this litigation is

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protected by the remedies and relief provided by this Order. Nothing in these

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provisions should be construed as prohibiting a Non-Party from seeking

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additional protections.

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B.

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

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Party is subject to an agreement with the Non-Party not to produce the Non-

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Party’s confidential information, then the Party shall:

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

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1.

Promptly notify in writing the Requesting Party and the Non-

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

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confidentiality agreement with a Non-Party;

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2.

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

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reasonably specific description of the information requested; and

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3.

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Non-Party, if requested.

Promptly provide the Non-Party with a copy of the Stipulated

Make the information requested available for inspection by the

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C.

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

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

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Party may produce the Non-Party’s confidential information responsive to the
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discovery request. If the Non-Party timely seeks a protective order, the

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Receiving Party shall not produce any information in its possession or control

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that is subject to the confidentiality agreement with the Non-Party before a

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determination by the court. Absent a court order to the contrary, the Non-

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

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its Protected Material.

7 XI.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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A.

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disclosed Protected Material to any person or in any circumstance not

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

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authorized under this Stipulated Protective Order, the Receiving Party must

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immediately (1) notify in writing the Designating Party of the unauthorized

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disclosures, (2) use its best efforts to retrieve all unauthorized copies of the

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Protected Material, (3) inform the person or persons to whom unauthorized

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disclosures were made of all the terms of this Order, and (4) request such

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person or persons to execute the “Acknowledgment and Agreement to be

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Bound” that is attached hereto as Exhibit A.

17 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
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PROTECTED MATERIAL

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A.

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

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protection, the obligations of the Receiving Parties are those set forth in

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Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended

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to modify whatever procedure may be established in an e-discovery order that

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provides for production without prior privilege review. Pursuant to Federal

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Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on

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the effect of disclosure of a communication or information covered by the

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attorney-client privilege or work product protection, the parties may

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incorporate their agreement in the Stipulated Protective Order submitted to

When a Producing Party gives notice to Receiving Parties that certain

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STIPULATED PROTECTIVE ORDER

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the Court.

2 XIII. MISCELLANEOUS
3

Right to Further Relief

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1.

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modification by the Court in the future.

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A.

B.

Nothing in this Order abridges the right of any person to seek its

Right to Assert Other Objections

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1.

By stipulating to the entry of this Protective Order, no Party

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waives any right it otherwise would have to object to disclosing or

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

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

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object on any ground to use in evidence of any of the material covered

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by this Protective Order.

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C.

Filing Protected Material

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1.

A Party that seeks to file under seal any Protected Material must

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

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

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specific Protected Material at issue. If a Party's request to file

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Protected Material under seal is denied by the Court, then the

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Receiving Party may file the information in the public record unless

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otherwise instructed by the Court.

21 XIV. FINAL DISPOSITION
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A.

After the final disposition of this Action, as defined in Section V,

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within sixty (60) days of a written request by the Designating Party, each

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Receiving Party must return all Protected Material to the Producing Party or

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destroy such material. As used in this subdivision, “all Protected Material”

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includes all copies, abstracts, compilations, summaries, and any other format

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reproducing or capturing any of the Protected Material. Whether the

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Protected Material is returned or destroyed, the Receiving Party must submit
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a written certification to the Producing Party (and, if not the same person or

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entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

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category, where appropriate) all the Protected Material that was returned or

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destroyed and (2) affirms that the Receiving Party has not retained any copies,

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abstracts, compilations, summaries or any other format reproducing or

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capturing any of the Protected Material. Notwithstanding this provision,

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Counsel are entitled to retain an archival copy of all pleadings, motion papers,

8

trial, deposition, and hearing transcripts, legal memoranda, correspondence,

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deposition and trial exhibits, expert reports, attorney work product, and

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consultant and expert work product, even if such materials contain Protected

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Material. Any such archival copies that contain or constitute Protected

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Material remain subject to this Protective Order as set forth in Section V.

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B.

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measures including, without limitation, contempt proceedings and/or

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monetary sanctions.

Any violation of this Order may be punished by any and all appropriate

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17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
18
ENGSTROM, LIPSCOMB & LACK

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DATED: July 26, 2022

By:

/ s / Richard P. Kinnan
Walter J. Lack
Richard P. Kinnan
Attorneys for Plaintiff
GINGER ROSALES

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STIPULATED PROTECTIVE ORDER

1
EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

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[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 issue by

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8

the United States District Court for the Central District of California on

9 ________________, 20__ in the case of Ginger Rosales v. Buffalo Wild Wings, et
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al., et al., Case No. 2:21-cv-04143-CAS (KSx). I agree to comply with and to be

12 bound by all the terms of this Stipulated Protective Order and I understand and
13 acknowledge that failure to so comply could expose me to sanctions and punishment
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15

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

16 any information or item that is subject to this Stipulated Protective Order to any
17 person or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court

20 for the Central District of California for the purpose of enforcing the terms of this
21 Stipulated Protective Order, even if such enforcement proceedings occur after
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23

termination of this action. I hereby appoint

24 full name] of

[print or type
[print or type full address and

25 telephone number] as my California agent for service of process in connection with
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this action or any proceedings related to enforcement of this Stipulated Protective
27
28 Order.
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STIPULATED PROTECTIVE ORDER

1 Date:
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City and State where sworn and signed:

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Printed Name:

5 Signature:
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