Lance Casey v. United Parcel Service, Inc.

Filing 21

PROTECTIVE ORDER by Magistrate Judge Maria A. Audero re Stipulation for Protective Order 20 . (See Order for details.) (es)

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D. Chad Anderton, Bar No. 199922
[e-mail]
Charles Cannizzaro, Bar No. 280895
[e-mail]
LITTLER MENDELSON P.C.
18565 Jamboree Road
Suite 800
Irvine, California 92612
Telephone: [phone]
Fax No.:
949.724.1201
Attorneys for Defendant
UNITED PARCEL SERVICE, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LANCE CASEY,
Plaintiff,

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Case No. 2:21-cv-04911-DSF(MAAx)
_____________
STIPULATED PROTECTIVE
ORDER

v.
UNITED PARCEL SERVICE, INC.; and
DOES 1 through 20, inclusive,

DISCOVERY MATTER
Complaint Filed: April 1, 2021

Defendants.

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1.

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

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proprietary, or private information for which special protection from public disclosure

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

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

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following Stipulated Protective Order. The parties acknowledge that this Stipulated

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Protective Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends

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only to the limited information or items that are entitled to confidential treatment

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under the applicable legal principles. The parties further acknowledge, as set forth in

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Section 13.3 below, that this Stipulated Protective Order does not entitle them to file

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

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

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

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from the Court to file material under seal.

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2.

GOOD CAUSE STATEMENT
This action is likely to involve confidential and proprietary human resources or

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business information; compensation of Defendant’s current or former personnel;

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policies, procedures, or training materials of Defendant; Defendant’s organizational

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structure; personnel, medical, or workers’ compensation files; medical or health

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information; social security, financial, and personally identifiable information,

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medical and health information of Plaintiff; and trade secrets, customer and pricing

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lists and other valuable research, development, commercial, financial, technical and/or

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proprietary information for which special protection from public disclosure and from

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use for any purpose other than prosecution of this action is warranted. Such

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

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confidential business or financial information, information regarding confidential

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business practices, or other confidential research, development, or commercial

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information (including information implicating privacy rights of third parties),

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

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or otherwise protected from disclosure under state or federal statutes, court rules, case

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decisions, or common law. Accordingly, to expedite the flow of information, to

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facilitate 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, to

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ensure that the parties are permitted reasonable necessary uses of such material in

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

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litigation, and to serve the ends of justice, a protective order for such information is

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justified in this matter. It is the intent of the parties that information will not be

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designated as confidential for tactical reasons and that nothing be so designated

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

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without a good faith belief that it has been maintained in a confidential, non-public

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

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case.

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3.

DEFINITIONS
3.1

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04911-DSF(MAAx).
3.2

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Action: Lance Casey v. United Parcel Service, Inc., Case No. 2:21-cvChallenging Party: A Party or Nonparty that challenges the designation
of information or items under this Stipulated Protective Order.

3.3

“CONFIDENTIAL” Information or Items: Information (regardless of

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

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

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specified above in the Good Cause Statement.

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3.4

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Counsel: Outside Counsel of Record and In-House Counsel (as well as
their support staff).

3.5

Designating Party: A Party or Nonparty that designates information or

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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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3.6

Disclosure or Discovery Material: All items or information, regardless of

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

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

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things), that is produced or generated in disclosures or responses to

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discovery in this matter.

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3.7

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

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

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

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3.8

In-House Counsel: Attorneys who are employees of a party to this
Action. In-House Counsel does not include Outside Counsel of Record or

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

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any other outside counsel.

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3.9

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Nonparty: Any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.

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3.10 Outside Counsel of Record: Attorneys who are not employees of a party

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

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

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

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support staff.

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

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employees, consultants, retained experts, In-House Counsel, and Outside

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Counsel of Record (and their support staffs).

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3.12 Producing Party: A Party or Nonparty that produces Disclosure or

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Discovery Material in this Action.

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3.13 Professional Vendors: Persons or entities that provide litigation support

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

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

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or medium) and their employees and subcontractors.

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3.14 Protected Material: Any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL.”

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3.15 Receiving Party: A Party that receives Disclosure or Discovery Material

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from a Producing Party.

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4.

SCOPE

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The protections conferred by this Stipulated Protective Order cover not only

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Protected Material, but also (1) any information copied or extracted from Protected

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

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and (3) any testimony, conversations, or presentations by Parties or their Counsel that

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might reveal Protected Material.

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

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Any use of Protected Material at trial shall be governed by the orders of the trial

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judge. This Stipulated Protective Order does not govern the use of Protected Material

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at trial.

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5.

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DURATION
Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Stipulated Protective Order shall remain in effect until a Designating

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Party agrees otherwise in writing or a court order otherwise directs. Final disposition

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shall be deemed to be the later of (1) dismissal of all claims and defenses in this

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Action, with or without prejudice; and (2) final judgment herein after the completion

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and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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6.

DESIGNATING PROTECTED MATERIAL
6.1.

Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Nonparty that designates information or items for

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protection under this Stipulated Protective Order must take care to limit

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any such designation to specific material that qualifies under the

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appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items, or oral or

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written communications that qualify so that other portions of the

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material, documents, items, or communications for which protection is

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not warranted are not swept unjustifiably within the ambit of this

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Stipulated Protective Order.

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Mass, indiscriminate, or routinized designations are prohibited.

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Designations that are shown to be clearly unjustified or that have been

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made for an improper purpose (e.g., to unnecessarily encumber the case

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

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development process or to impose unnecessary expenses and burdens on

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other parties) may expose the Designating Party to sanctions.

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6.2.

Manner and Timing of Designations.

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Except as otherwise provided in this Stipulated Protective Order

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(see, e.g., Section 6.2(a)), or as otherwise stipulated or ordered,

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Disclosure or Discovery Material that qualifies for protection under this

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Stipulated Protective Order must be clearly so designated before the

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material is disclosed or produced.

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Designation in conformity with this Stipulated Protective Order

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requires the following:

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(a)

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

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documents, but excluding transcripts of depositions or other

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pretrial or trial proceedings), that the Producing Party affix at a

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minimum, the legend “CONFIDENTIAL” to each page that

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

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material on a page qualifies for protection, the Producing Party

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

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appropriate markings in the margins).

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(b)

For testimony given in depositions, that the Designating Party

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identify the Disclosure or Discovery Material on the record, before

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the close of the deposition, all protected testimony.

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(c)

For information produced in nondocumentary form, and for any

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

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place on the exterior of the container or containers in which the

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information is stored the legend “CONFIDENTIAL.” If only a

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portion or portions of the information warrants protection, the

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Producing Party, to the extent practicable, shall identify the

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protected portion(s).

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

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6.3.

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Inadvertent Failure to Designate.
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 Stipulated Protective Order

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for such material. Upon timely correction of a designation, the Receiving

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Party must make reasonable efforts to assure that the material is treated in

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accordance with the provisions of this Stipulated Protective Order.

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7.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1.

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Timing of Challenges.
Any Party or Nonparty may challenge a designation of

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

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Order.

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7.2.

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Meet and Confer.
The Challenging Party shall initiate the dispute resolution process,

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which shall comply with Local Rule 37.1 et seq., and with Section 4 of

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Judge Audero’s Procedures (“Mandatory Telephonic Conference for

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Discovery Disputes”). 1

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7.3.

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Burden of Persuasion.
The burden of persuasion in any such challenge proceeding shall

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

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improper purpose (e.g., to harass or impose unnecessary expenses and

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burdens on other parties) may expose the Challenging Party to sanctions.

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Unless the Designating Party has waived or withdrawn the confidentiality

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designation, all parties shall continue to afford the material in question

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the level of protection to which it is entitled under the Producing Party’s

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LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

Judge Audero's Procedures are available at
https://www.cacd.uscourts.gov/honorable-maria-audero.
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designation until the Court rules on the challenge.

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8.

ACCESS TO AND USE OF PROTECTED MATERIALS
8.1.

Basic Principles.

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A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a Nonparty 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 categories

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of persons and under the conditions described in this Stipulated

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Protective Order. When the Action reaches a final disposition, a

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Receiving Party must comply with the provisions of Section 14 below.

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Protected Material must be stored and maintained by a Receiving

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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 Stipulated Protective Order.

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A computer and/or cloud server that is password protected shall comply.

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8.2.

Disclosure of “CONFIDENTIAL” Information or Items.

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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 or

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item designated “CONFIDENTIAL” only to:

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(a)

The Receiving Party’s Outside Counsel of Record, as well as

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employees of said Outside Counsel of Record to whom it is

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reasonably necessary to disclose the information for this Action;

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(b)

The officers, directors, support personnel, and employees

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(including In-House Counsel) of the Receiving Party to whom

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disclosure is reasonably necessary for this Action;

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(c)

Experts of the Receiving Party to whom disclosure is reasonably
necessary for this Action and who have signed the

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

8

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“Acknowledgment and Agreement to Be Bound” (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 necessary

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or this Action and who have signed the “Acknowledgment and

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Agreement to be Bound” (Exhibit A);

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(g)

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The author or recipient of a document containing the information
or a custodian or other person who otherwise possessed or knew

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the information;

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(h)

During their depositions, witnesses, and attorneys for witnesses,

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in the Action to whom disclosure is reasonably necessary

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provided: (i) the deposing party requests that the witness sign the

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

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(ii) the witness will not be permitted to keep any confidential

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information unless they sign the “Acknowledgment and

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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 this

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Stipulated Protective Order; and

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(i)

Any mediator or settlement officer, and their supporting

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

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settlement discussions.

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9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

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

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

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“CONFIDENTIAL,” that Party must:

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(a)

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Promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;

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(b)

Promptly notify in writing the party who caused the subpoena or order

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

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by the subpoena or order is subject to this Stipulated 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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(c)

Cooperate with respect to all reasonable procedures sought to be

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pursued by the Designating Party whose Protected Material may be

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affected.

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

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

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action as “CONFIDENTIAL” before a determination by the Court from which the

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subpoena or order issued, unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense of seeking

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protection in that court of its confidential material and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action to

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disobey a lawful directive from another court.

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10.

A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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10.1. Application.

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The terms of this Stipulated Protective Order are applicable to

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information produced by a Nonparty in this Action and designated as

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“CONFIDENTIAL.” Such information produced by Nonparties in

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

10

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connection with this litigation is protected by the remedies and relief

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provided by this Stipulated Protective Order. Nothing in these provisions

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should be construed as prohibiting a Nonparty from seeking additional

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protections.

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10.2. Notification.

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

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to produce a Nonparty’s confidential information in its possession, and

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the Party is subject to an agreement with the Nonparty not to produce the

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Nonparty’s confidential information, then the Party shall:

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(a)

Promptly notify in writing the Requesting Party and the Nonparty

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

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confidentiality agreement with a Nonparty;

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(b)

Promptly provide the Nonparty with a copy of the Stipulated

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

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and a reasonably specific description of the information requested;

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and

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(c)

Make the information requested available for inspection by the
Nonparty, if requested.

10.3. Conditions of Production.
If the Nonparty fails to seek a protective order from this Court

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within fourteen (14) days after receiving the notice and accompanying

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information, the Receiving Party may produce the Nonparty’s

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confidential information responsive to the discovery request. If the

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Nonparty timely seeks a protective order, the Receiving Party shall not

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produce any information in its possession or control that is subject to the

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confidentiality agreement with the Nonparty before a determination by

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the Court. Absent a court order to the contrary, the Nonparty shall bear

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the burden and expense of seeking protection in this Court of its

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

11

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Protected Material.

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11.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

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

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Stipulated Protective Order, the Receiving Party immediately must (1) notify in

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writing the Designating Party of the unauthorized disclosures, (2) use its best efforts

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to retrieve all unauthorized copies of the Protected Material, (3) inform the person or

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

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Stipulated Protective Order, and (4) request such person or persons to execute the

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“Acknowledgment and Agreement to be Bound” (Exhibit A).

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12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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

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

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

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

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

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

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

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parties may incorporate their agreement in the Stipulated Protective Order submitted

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to the Court.

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13.

MISCELLANEOUS
13.1. Right to Further Relief.

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

12

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Nothing in this Stipulated Protective Order abridges the right of

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

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13.2. Right to Assert Other Objections.

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

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Party 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 by

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this Stipulated Protective Order.

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

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

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may only be filed under seal pursuant to a court order authorizing the

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sealing of the specific Protected Material at issue. If a Party's request to

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file 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.

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14.

FINAL DISPOSITION
After the final disposition of this Action, within sixty (60) days of a written

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request by the Designating Party, each Receiving Party must return all Protected

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Material to the Producing Party or destroy such material. As used in this subdivision,

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“all Protected Material” includes all copies, abstracts, compilations, summaries, and

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any other format 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 a written

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certification to the Producing Party (and, if not the same person or entity, to the

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Designating Party) by the 60-day deadline that (1) identifies (by category, where

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appropriate) all the Protected Material that was returned or destroyed and (2) affirms

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that the Receiving Party has not retained any copies, abstracts, compilations,

LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

13

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summaries or any other format reproducing or capturing any of the Protected Material.

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Notwithstanding this provision, Counsel is entitled to retain an archival copy of all

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pleadings; motion papers; trial, deposition, and hearing transcripts; legal memoranda;

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correspondence; deposition and trial exhibits; expert reports; attorney work product;

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and 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 Material

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remain subject to this Stipulated Protective Order as set forth in Section 5.

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15.

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

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appropriate measures including, without limitation, contempt proceedings and/or

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monetary sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: November 12, 2021

/s/Lawrence W. Freiman ____________
Lawrence W. Freiman, Esq.
FREIMAN LEGAL, P.C.
Attorney for Plaintiff Lance Casey

Dated: November 12, 2021

/s/Charles Cannizzaro_______________
Charles Cannizzaro, Esq.
LITTLER MENDELSON, P.C.
Attorneys for Defendant, United Parcel Service,
Inc.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
November 17, 2021
Dated: ______________________

________________________________
Maria A. Audero

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United States Magistrate Judge

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LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

14

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________[full name], of ____________________

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__________________[address], declare under penalty of perjury that I have read in its

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entirety and understand the Stipulated Protective Order that was issued by the United

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States District Court for the Central District of California on ___________________

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[date] in the case of Lance Casey v. United Parcel Service, Inc., Case No. 2:21-cv-

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04911-DSF(MAAx). I agree to comply with and to be bound by all the terms of this

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Stipulated Protective Order, and I understand and acknowledge that failure to so

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comply could expose me to sanctions and punishment in the nature of contempt. I

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solemnly promise that I will not disclose in any manner any information or item that is

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subject to this Stipulated Protective Order to any person or entity except in strict

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compliance with the provisions of this Stipulated Protective Order.

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

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

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint ________________________[full name]

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of ________________________________________[address and telephone number]

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as my California agent for service of process in connection with this action or any

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proceedings related to enforcement of this Stipulated Protective Order.

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Signature:

________________________________

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Printed Name:

________________________________

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Date:

________________________________

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City and State Where Sworn and Signed:

________________________________

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4853-5058-5090.1 / 110830-1016

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LITTLER MEND ELSO N P.C.
18565 Jamboree Road
Suite 800
Irvine, CA 92612
949.705.3000

15