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)

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1 Frederick M. Heiser, Bar No. 232582 KLINEDINST PC 2 2 Park Plaza, Suite 1250 Irvine, California 92614 3 (714) 542-1800/FAX (714) 542-3592 4 Emily J. Atherton, Bar No. 239837 5 KLINEDINST PC 777 S. Figueroa Street, Suite 4000 6 Los Angeles, California 90017 (213) 442-7000/FAX (213) 406-1101 7 8 Attorneys for Defendant BLAZIN WINGS, INC. 9 10 UNITED STATES DISTRICT COURT KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 11 CENTRAL DISTRICT OF CALIFORNIA 12 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 24 may be warranted. Accordingly, the parties hereby stipulate to and petition 25 the Court to enter the following Stipulated Protective Order. The parties 26 acknowledge that this Order does not confer blanket protections on all 27 disclosures or responses to discovery and that the protection it affords from 28 public disclosure and use extends only to the limited information or items that Discovery in this action is likely to involve production of confidential, 1 STIPULATED PROTECTIVE ORDER KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 1 are entitled to confidential treatment under the applicable legal principles. 2 The parties further acknowledge, as set forth in Section XIII(C), below, that 3 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 6 permission from the Court to file material under seal. 7 II. GOOD CAUSE STATEMENT 8 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 10 information and elicit deposition testimony, the disclosure of which may pose 11 a substantial risk of harm to the parties’ legitimate proprietary interests, as 12 well as other interests relating to security and privacy. This Stipulation and 13 Order provides reasonable restrictions on the disclosure of such sensitive 14 material. 15 A. 16 and other valuable research, development, commercial, financial, technical 17 and/or proprietary information for which special protection from public 18 disclosure and from use for any purpose other than prosecution of this action 19 is warranted. Such confidential and proprietary materials and information 20 consist of, among other things, confidential business or financial information, 21 information regarding confidential business practices, or other confidential 22 research, development, or commercial information (including information 23 implicating privacy rights of third parties), information otherwise generally 24 unavailable to the public, or which may be privileged or otherwise protected 25 from disclosure under state or federal statutes, court rules, case decisions, or 26 common law. Accordingly, to expedite the flow of information, to facilitate 27 the prompt resolution of disputes over confidentiality of discovery materials, 28 to adequately protect information the parties are entitled to keep confidential, This action is likely to involve trade secrets, customer and pricing lists 2 STIPULATED PROTECTIVE ORDER KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 1 to ensure that the parties are permitted reasonable necessary uses of such 2 material in preparation for and in the conduct of trial, to address their 3 handling at the end of the litigation, and serve the ends of justice, a protective 4 order for such information is justified in this matter. It is the intent of the 5 parties that information will not be designated as confidential for tactical 6 reasons and that nothing be so designated without a good faith belief that it 7 has been maintained in a confidential, non-public manner, and there is good 8 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). 12 B. 13 designation of information or items under this Order. 14 C. 15 how it is generated, stored or maintained) or tangible things that qualify for 16 protection under Federal Rule of Civil Procedure 26(c), and as specified 17 above in the Good Cause Statement. 18 D. 19 their support staff). 20 E. 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 F. 24 of the medium or manner in which it is generated, stored, or maintained 25 (including, among other things, testimony, transcripts, and tangible things), 26 that are produced or generated in disclosures or responses to discovery in this 27 matter. 28 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 3 STIPULATED PROTECTIVE ORDER KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 1 pertinent to the litigation who has been retained by a Party or its counsel to 2 serve as an expert witness or as a consultant in this Action. 3 H. 4 House Counsel does not include Outside Counsel of Record or any other 5 outside counsel. 6 I. 7 or other legal entity not named as a Party to this action. 8 J. 9 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 11 affiliated with a law firm which has appeared on behalf of that party, and 12 includes support staff. 13 K. 14 employees, consultants, retained experts, and Outside Counsel of Record (and 15 their support staffs). 16 L. 17 Discovery Material in this Action. 18 M. 19 support services (e.g., photocopying, videotaping, translating, preparing 20 exhibits or demonstrations, and organizing, storing, or retrieving data in any 21 form or medium) and their employees and subcontractors. 22 N. 23 designated as “CONFIDENTIAL.” 24 O. 25 Material from a Producing Party. 26 IV. SCOPE 27 A. 28 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 4 STIPULATED PROTECTIVE ORDER 1 development process or to impose unnecessary expenses and burdens 2 on other parties) may expose the Designating Party to sanctions. 3 3. 4 items that it designated for protection do not qualify for protection, that 5 Designating Party must promptly notify all other Parties that it is 6 withdrawing the inapplicable designation. KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 7 B. If it comes to a Designating Party’s attention that information or Manner and Timing of Designations 8 1. Except as otherwise provided in this Order (see, e.g., Section 9 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 10 Discovery Material that qualifies for protection under this Order must 11 be clearly so designated before the material is disclosed or produced. 12 2. Designation in conformity with this Order requires the following: 13 a. For information in documentary form (e.g., paper or 14 electronic documents, but excluding transcripts of depositions or 15 other pretrial or trial proceedings), that the Producing Party affix 16 at a minimum, the legend “CONFIDENTIAL” (hereinafter 17 “CONFIDENTIAL legend”), to each page that contains 18 protected material. If only a portion or portions of the material 19 on a page qualifies for protection, the Producing Party also must 20 clearly identify the protected portion(s) (e.g., by making 21 appropriate markings in the margins). 22 b. 23 available for inspection need not designate them for protection 24 until after the inspecting Party has indicated which documents it 25 would like copied and produced. During the inspection and 26 before the designation, all of the material made available for 27 inspection shall be deemed “CONFIDENTIAL.” After the 28 inspecting Party has identified the documents it wants copied and A Party or Non-Party that makes original documents 6 STIPULATED PROTECTIVE ORDER KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 1 produced, the Producing Party must determine which documents, 2 or portions thereof, qualify for protection under this Order. 3 Then, before producing the specified documents, the Producing 4 Party must affix the “CONFIDENTIAL legend” to each page 5 that contains Protected Material. If only a portion or portions of 6 the material on a page qualifies for protection, the Producing 7 Party also must clearly identify the protected portion(s) (e.g., by 8 making appropriate markings in the margins). 9 c. For testimony given in depositions, that the Designating 10 Party identify the Disclosure or Discovery Material on the 11 record, before the close of the deposition all protected testimony. 12 d. 13 and for any other tangible items, that the Producing Party affix in 14 a prominent place on the exterior of the container or containers 15 in which the information is stored the legend 16 “CONFIDENTIAL.” If only a portion or portions of the 17 information warrants protection, the Producing Party, to the 18 extent practicable, shall identify the protected portion(s). 19 C. For information produced in form other than document Inadvertent Failure to Designate 20 1. If timely corrected, an inadvertent failure to designate qualified 21 information or items does not, standing alone, waive the Designating 22 Party’s right to secure protection under this Order for such material. 23 Upon timely correction of a designation, the Receiving Party must 24 make reasonable efforts to assure that the material is treated in 25 accordance with the provisions of this Order. 26 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 27 28 A. Timing of Challenges 1. Any party or Non-Party may challenge a designation of 7 STIPULATED PROTECTIVE ORDER 1 confidentiality at any time that is consistent with the Court’s 2 Scheduling Order. KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 3 B. Meet and Confer 4 1. The Challenging Party shall initiate the dispute resolution 5 process under Local Rule 37.1 et seq. 6 C. The burden of persuasion in any such challenge proceeding shall be on 7 the Designating Party. Frivolous challenges, and those made for an improper 8 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 9 parties) may expose the Challenging Party to sanctions. Unless the 10 Designating Party has waived or withdrawn the confidentiality designation, 11 all parties shall continue to afford the material in question the level of 12 protection to which it is entitled under the Producing Party’s designation until 13 the Court rules on the challenge. 14 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 15 A. Basic Principles 16 1. 17 or produced by another Party or by a Non-Party in connection with this 18 Action only for prosecuting, defending, or attempting to settle this 19 Action. Such Protected Material may be disclosed only to the 20 categories of persons and under the conditions described in this Order. 21 When the Action has been terminated, a Receiving Party must comply 22 with the provisions of Section XIV below. 23 2. 24 Party at a location and in a secure manner that ensures that access is 25 limited to the persons authorized under this Order. 26 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 27 1. Unless otherwise ordered by the Court or permitted in writing by 28 the Designating Party, a Receiving Party may disclose any information 8 STIPULATED PROTECTIVE ORDER KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 1 or item designated “CONFIDENTIAL” only to: 2 a. The Receiving Party’s Outside Counsel of Record in this 3 Action, as well as employees of said Outside Counsel of Record 4 to whom it is reasonably necessary to disclose the information 5 for this Action; 6 b. 7 Counsel) of the Receiving Party to whom disclosure is 8 reasonably necessary for this Action; 9 c. The officers, directors, and employees (including House Experts (as defined in this Order) of the Receiving Party to 10 whom disclosure is reasonably necessary for this Action and who 11 have signed the “Acknowledgment and Agreement to Be Bound” 12 (Exhibit A); 13 d. The Court and its personnel; 14 e. Court reporters and their staff; 15 f. Professional jury or trial consultants, mock jurors, and 16 Professional Vendors to whom disclosure is reasonably 17 necessary or this Action and who have signed the 18 “Acknowledgment and Agreement to be Bound” attached as 19 Exhibit A hereto; 20 g. 21 information or a custodian or other person who otherwise 22 possessed or knew the information; 23 h. 24 witnesses, in the Action to whom disclosure is reasonably 25 necessary provided: (i) the deposing party requests that the 26 witness sign the “Acknowledgment and Agreement to Be 27 Bound;” and (ii) they will not be permitted to keep any 28 confidential information unless they sign the “Acknowledgment The author or recipient of a document containing the During their depositions, witnesses, and attorneys for 9 STIPULATED PROTECTIVE ORDER KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 1 and Agreement to Be Bound,” unless otherwise agreed by the 2 Designating Party or ordered by the Court. Pages of transcribed 3 deposition testimony or exhibits to depositions that reveal 4 Protected Material may be separately bound by the court reporter 5 and may not be disclosed to anyone except as permitted under 6 this Stipulated Protective Order; and 7 i. 8 personnel, mutually agreed upon by any of the parties engaged in 9 settlement discussions. Any mediator or settlement officer, and their supporting 10 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED 11 PRODUCED IN OTHER LITIGATION 12 A. 13 litigation that compels disclosure of any information or items designated in 14 this Action as “CONFIDENTIAL,” that Party must: If a Party is served with a subpoena or a court order issued in other 15 1. Promptly notify in writing the Designating Party. Such 16 notification shall include a copy of the subpoena or court order; 17 2. 18 order to issue in the other litigation that some or all of the material 19 covered by the subpoena or order is subject to this Protective Order. 20 Such notification shall include a copy of this Stipulated Protective 21 Order; and 22 3. 23 pursued by the Designating Party whose Protected Material may be 24 affected. Promptly notify in writing the party who caused the subpoena or Cooperate with respect to all reasonable procedures sought to be 25 B. If the Designating Party timely seeks a protective order, the Party 26 served with the subpoena or court order shall not produce any information 27 designated in this action as “CONFIDENTIAL” before a determination by the 28 Court from which the subpoena or order issued, unless the Party has obtained 10 STIPULATED PROTECTIVE ORDER KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 1 the Designating Party’s permission. The Designating Party shall bear the 2 burden and expense of seeking protection in that court of its confidential 3 material and nothing in these provisions should be construed as authorizing or 4 encouraging a Receiving Party in this Action to disobey a lawful directive 5 from another court. 6 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 7 PRODUCED IN THIS LITIGATION 8 A. 9 Non-Party in this Action and designated as “CONFIDENTIAL.” Such The terms of this Order are applicable to information produced by a 10 information produced by Non-Parties in connection with this litigation is 11 protected by the remedies and relief provided by this Order. Nothing in these 12 provisions should be construed as prohibiting a Non-Party from seeking 13 additional protections. 14 B. 15 produce a Non-Party’s confidential information in its possession, and the 16 Party is subject to an agreement with the Non-Party not to produce the Non- 17 Party’s confidential information, then the Party shall: In the event that a Party is required, by a valid discovery request, to 18 1. Promptly notify in writing the Requesting Party and the Non- 19 Party that some or all of the information requested is subject to a 20 confidentiality agreement with a Non-Party; 21 2. 22 Protective Order in this Action, the relevant discovery request(s), and a 23 reasonably specific description of the information requested; and 24 3. 25 Non-Party, if requested. Promptly provide the Non-Party with a copy of the Stipulated Make the information requested available for inspection by the 26 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 28 Party may produce the Non-Party’s confidential information responsive to the 11 STIPULATED PROTECTIVE ORDER KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 1 discovery request. If the Non-Party timely seeks a protective order, the 2 Receiving Party shall not produce any information in its possession or control 3 that is subject to the confidentiality agreement with the Non-Party before a 4 determination by the court. Absent a court order to the contrary, the Non- 5 Party shall bear the burden and expense of seeking protection in this court of 6 its Protected Material. 7 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 8 A. 9 disclosed Protected Material to any person or in any circumstance not If a Receiving Party learns that, by inadvertence or otherwise, it has 10 authorized under this Stipulated Protective Order, the Receiving Party must 11 immediately (1) notify in writing the Designating Party of the unauthorized 12 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the 13 Protected Material, (3) inform the person or persons to whom unauthorized 14 disclosures were made of all the terms of this Order, and (4) request such 15 person or persons to execute the “Acknowledgment and Agreement to be 16 Bound” that is attached hereto as Exhibit A. 17 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 18 PROTECTED MATERIAL 19 A. 20 inadvertently produced material is subject to a claim of privilege or other 21 protection, the obligations of the Receiving Parties are those set forth in 22 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended 23 to modify whatever procedure may be established in an e-discovery order that 24 provides for production without prior privilege review. Pursuant to Federal 25 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on 26 the effect of disclosure of a communication or information covered by the 27 attorney-client privilege or work product protection, the parties may 28 incorporate their agreement in the Stipulated Protective Order submitted to When a Producing Party gives notice to Receiving Parties that certain 12 STIPULATED PROTECTIVE ORDER 1 the Court. 2 XIII. MISCELLANEOUS 3 Right to Further Relief 4 1. 5 modification by the Court in the future. 6 KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 A. B. Nothing in this Order abridges the right of any person to seek its Right to Assert Other Objections 7 1. By stipulating to the entry of this Protective Order, no Party 8 waives any right it otherwise would have to object to disclosing or 9 producing any information or item on any ground not addressed in this 10 Stipulated Protective Order. Similarly, no Party waives any right to 11 object on any ground to use in evidence of any of the material covered 12 by this Protective Order. 13 C. Filing Protected Material 14 1. A Party that seeks to file under seal any Protected Material must 15 comply with Civil Local Rule 79-5. Protected Material may only be 16 filed under seal pursuant to a court order authorizing the sealing of the 17 specific Protected Material at issue. If a Party's request to file 18 Protected Material under seal is denied by the Court, then the 19 Receiving Party may file the information in the public record unless 20 otherwise instructed by the Court. 21 XIV. FINAL DISPOSITION 22 A. After the final disposition of this Action, as defined in Section V, 23 within sixty (60) days of a written request by the Designating Party, each 24 Receiving Party must return all Protected Material to the Producing Party or 25 destroy such material. As used in this subdivision, “all Protected Material” 26 includes all copies, abstracts, compilations, summaries, and any other format 27 reproducing or capturing any of the Protected Material. Whether the 28 Protected Material is returned or destroyed, the Receiving Party must submit 13 STIPULATED PROTECTIVE ORDER KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 1 a written certification to the Producing Party (and, if not the same person or 2 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 3 category, where appropriate) all the Protected Material that was returned or 4 destroyed and (2) affirms that the Receiving Party has not retained any copies, 5 abstracts, compilations, summaries or any other format reproducing or 6 capturing any of the Protected Material. Notwithstanding this provision, 7 Counsel are entitled to retain an archival copy of all pleadings, motion papers, 8 trial, deposition, and hearing transcripts, legal memoranda, correspondence, 9 deposition and trial exhibits, expert reports, attorney work product, and 10 consultant and expert work product, even if such materials contain Protected 11 Material. Any such archival copies that contain or constitute Protected 12 Material remain subject to this Protective Order as set forth in Section V. 13 B. 14 measures including, without limitation, contempt proceedings and/or 15 monetary sanctions. Any violation of this Order may be punished by any and all appropriate 16 17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 18 ENGSTROM, LIPSCOMB & LACK 19 20 21 22 23 24 DATED: July 26, 2022 By: / s / Richard P. Kinnan Walter J. Lack Richard P. Kinnan Attorneys for Plaintiff GINGER ROSALES 25 26 27 28 14 STIPULATED PROTECTIVE ORDER 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 4 I, 5 6 [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 7 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 10 KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 11 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 14 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. 18 19 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 22 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 26 this action or any proceedings related to enforcement of this Stipulated Protective 27 28 Order. 16 STIPULATED PROTECTIVE ORDER 1 Date: 2 City and State where sworn and signed: 3 4 Printed Name: 5 Signature: 6 7 8 9 10 KLINEDINST PC 2 PARK PLAZA, SUITE 1250 IRVINE, CALIFORNIA 92614 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17 STIPULATED PROTECTIVE ORDER

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