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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1 2 3 4 5 6 7 D. Chad Anderton, Bar No. 199922 Charles Cannizzaro, Bar No. 280895 LITTLER MENDELSON P.C. 18565 Jamboree Road Suite 800 Irvine, California 92612 Telephone: 949.705.3000 Fax No.: 949.724.1201 Attorneys for Defendant UNITED PARCEL SERVICE, INC. 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 LANCE CASEY, Plaintiff, 13 14 15 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. 16 17 18 19 1. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, 20 proprietary, or private information for which special protection from public disclosure 21 and from use for any purpose other than prosecuting this litigation may be warranted. 22 Accordingly, the parties hereby stipulate to and petition the Court to enter the 23 following Stipulated Protective Order. The parties acknowledge that this Stipulated 24 Protective Order does not confer blanket protections on all disclosures or responses to 25 discovery and that the protection it affords from public disclosure and use extends 26 only to the limited information or items that are entitled to confidential treatment 27 under the applicable legal principles. The parties further acknowledge, as set forth in 28 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 1 1 confidential information under seal; Local Rule 79-5 sets forth the procedures that 2 must be followed and the standards that will be applied when a party seeks permission 3 from the Court to file material under seal. 4 5 6 2. GOOD CAUSE STATEMENT This action is likely to involve confidential and proprietary human resources or 7 business information; compensation of Defendant’s current or former personnel; 8 policies, procedures, or training materials of Defendant; Defendant’s organizational 9 structure; personnel, medical, or workers’ compensation files; medical or health 10 information; social security, financial, and personally identifiable information, 11 medical and health information of Plaintiff; and trade secrets, customer and pricing 12 lists and other valuable research, development, commercial, financial, technical and/or 13 proprietary information for which special protection from public disclosure and from 14 use for any purpose other than prosecution of this action is warranted. Such 15 confidential and proprietary materials and information consist of, among other things, 16 confidential business or financial information, information regarding confidential 17 business practices, or other confidential research, development, or commercial 18 information (including information implicating privacy rights of third parties), 19 information otherwise generally unavailable to the public, or which may be privileged 20 or otherwise protected from disclosure under state or federal statutes, court rules, case 21 decisions, or common law. Accordingly, to expedite the flow of information, to 22 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 23 to adequately protect information the parties are entitled to keep confidential, to 24 ensure that the parties are permitted reasonable necessary uses of such material in 25 preparation for and in the conduct of trial, to address their handling at the end of the 26 litigation, and to serve the ends of justice, a protective order for such information is 27 justified in this matter. It is the intent of the parties that information will not be 28 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 2 1 without a good faith belief that it has been maintained in a confidential, non-public 2 manner, and there is good cause why it should not be part of the public record of this 3 case. 4 5 6 3. DEFINITIONS 3.1 7 8 04911-DSF(MAAx). 3.2 9 10 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 11 how it is generated, stored or maintained) or tangible things that qualify 12 for protection under Federal Rule of Civil Procedure 26(c), and as 13 specified above in the Good Cause Statement. 14 3.4 15 16 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 17 items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 3.6 Disclosure or Discovery Material: All items or information, regardless of 20 the medium or manner in which it is generated, stored, or maintained 21 (including, among other things, testimony, transcripts, and tangible 22 things), that is produced or generated in disclosures or responses to 23 discovery in this matter. 24 3.7 Expert: A person with specialized knowledge or experience in a matter 25 pertinent to the litigation who has been retained by a Party or its counsel 26 to serve as an expert witness or as a consultant in this Action. 27 28 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 3 1 any other outside counsel. 2 3.9 3 Nonparty: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 4 3.10 Outside Counsel of Record: Attorneys who are not employees of a party 5 to this Action but are retained to represent or advise a party to this Action 6 and have appeared in this Action on behalf of that party or are affiliated 7 with a law firm which has appeared on behalf of that party, and includes 8 support staff. 9 3.11 Party: Any party to this Action, including all of its officers, directors, 10 employees, consultants, retained experts, In-House Counsel, and Outside 11 Counsel of Record (and their support staffs). 12 3.12 Producing Party: A Party or Nonparty that produces Disclosure or 13 Discovery Material in this Action. 14 3.13 Professional Vendors: Persons or entities that provide litigation support 15 services (e.g., photocopying, videotaping, translating, preparing exhibits 16 or demonstrations, and organizing, storing, or retrieving data in any form 17 or medium) and their employees and subcontractors. 18 3.14 Protected Material: Any Disclosure or Discovery Material that is 19 designated as “CONFIDENTIAL.” 20 3.15 Receiving Party: A Party that receives Disclosure or Discovery Material 21 from a Producing Party. 22 23 4. SCOPE 24 The protections conferred by this Stipulated Protective Order cover not only 25 Protected Material, but also (1) any information copied or extracted from Protected 26 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 27 and (3) any testimony, conversations, or presentations by Parties or their Counsel that 28 might reveal Protected Material. LITTLER MEND ELSO N P.C. 18565 Jamboree Road Suite 800 Irvine, CA 92612 949.705.3000 4 1 Any use of Protected Material at trial shall be governed by the orders of the trial 2 judge. This Stipulated Protective Order does not govern the use of Protected Material 3 at trial. 4 5 5. 6 DURATION Even after final disposition of this litigation, the confidentiality obligations 7 imposed by this Stipulated Protective Order shall remain in effect until a Designating 8 Party agrees otherwise in writing or a court order otherwise directs. Final disposition 9 shall be deemed to be the later of (1) dismissal of all claims and defenses in this 10 Action, with or without prejudice; and (2) final judgment herein after the completion 11 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 12 including the time limits for filing any motions or applications for extension of time 13 pursuant to applicable law. 14 15 16 17 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 18 protection under this Stipulated Protective Order must take care to limit 19 any such designation to specific material that qualifies under the 20 appropriate standards. The Designating Party must designate for 21 protection only those parts of material, documents, items, or oral or 22 written communications that qualify so that other portions of the 23 material, documents, items, or communications for which protection is 24 not warranted are not swept unjustifiably within the ambit of this 25 Stipulated Protective Order. 26 Mass, indiscriminate, or routinized designations are prohibited. 27 Designations that are shown to be clearly unjustified or that have been 28 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 5 1 development process or to impose unnecessary expenses and burdens on 2 other parties) may expose the Designating Party to sanctions. 3 6.2. Manner and Timing of Designations. 4 Except as otherwise provided in this Stipulated Protective Order 5 (see, e.g., Section 6.2(a)), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this 7 Stipulated Protective Order must be clearly so designated before the 8 material is disclosed or produced. 9 Designation in conformity with this Stipulated Protective Order 10 requires the following: 11 (a) For information in documentary form (e.g., paper or electronic 12 documents, but excluding transcripts of depositions or other 13 pretrial or trial proceedings), that the Producing Party affix at a 14 minimum, the legend “CONFIDENTIAL” to each page that 15 contains protected material. If only a portion or portions of the 16 material on a page qualifies for protection, the Producing Party 17 also must clearly identify the protected portion(s) (e.g., by making 18 appropriate markings in the margins). 19 (b) For testimony given in depositions, that the Designating Party 20 identify the Disclosure or Discovery Material on the record, before 21 the close of the deposition, all protected testimony. 22 (c) For information produced in nondocumentary form, and for any 23 other tangible items, that the Producing Party affix in a prominent 24 place on the exterior of the container or containers in which the 25 information is stored the legend “CONFIDENTIAL.” If only a 26 portion or portions of the information warrants protection, the 27 Producing Party, to the extent practicable, shall identify the 28 protected portion(s). LITTLER MEND ELSO N P.C. 18565 Jamboree Road Suite 800 Irvine, CA 92612 949.705.3000 6 1 6.3. 2 Inadvertent Failure to Designate. If timely corrected, an inadvertent failure to designate qualified 3 information or items does not, standing alone, waive the Designating 4 Party’s right to secure protection under this Stipulated Protective Order 5 for such material. Upon timely correction of a designation, the Receiving 6 Party must make reasonable efforts to assure that the material is treated in 7 accordance with the provisions of this Stipulated Protective Order. 8 9 7. 10 CHALLENGING CONFIDENTIALITY DESIGNATIONS 7.1. 11 Timing of Challenges. Any Party or Nonparty may challenge a designation of 12 confidentiality at any time that is consistent with the Court’s Scheduling 13 Order. 14 7.2. 15 Meet and Confer. The Challenging Party shall initiate the dispute resolution process, 16 which shall comply with Local Rule 37.1 et seq., and with Section 4 of 17 Judge Audero’s Procedures (“Mandatory Telephonic Conference for 18 Discovery Disputes”). 1 19 7.3. 20 Burden of Persuasion. The burden of persuasion in any such challenge proceeding shall 21 be on the Designating Party. Frivolous challenges, and those made for an 22 improper purpose (e.g., to harass or impose unnecessary expenses and 23 burdens on other parties) may expose the Challenging Party to sanctions. 24 Unless the Designating Party has waived or withdrawn the confidentiality 25 designation, all parties shall continue to afford the material in question 26 the level of protection to which it is entitled under the Producing Party’s 27 28 LITTLER MEND ELSO N P.C. 18565 Jamboree Road Suite 800 Irvine, CA 92612 949.705.3000 Judge Audero's Procedures are available at 1 7 1 designation until the Court rules on the challenge. 2 3 4 5 8. ACCESS TO AND USE OF PROTECTED MATERIALS 8.1. Basic Principles. 6 A Receiving Party may use Protected Material that is disclosed or 7 produced by another Party or by a Nonparty in connection with this 8 Action only for prosecuting, defending, or attempting to settle this 9 Action. Such Protected Material may be disclosed only to the categories 10 of persons and under the conditions described in this Stipulated 11 Protective Order. When the Action reaches a final disposition, a 12 Receiving Party must comply with the provisions of Section 14 below. 13 Protected Material must be stored and maintained by a Receiving 14 Party at a location and in a secure manner that ensures that access is 15 limited to the persons authorized under this Stipulated Protective Order. 16 A computer and/or cloud server that is password protected shall comply. 17 8.2. Disclosure of “CONFIDENTIAL” Information or Items. 18 Unless otherwise ordered by the Court or permitted in writing by 19 the Designating Party, a Receiving Party may disclose any information or 20 item designated “CONFIDENTIAL” only to: 21 (a) The Receiving Party’s Outside Counsel of Record, as well as 22 employees of said Outside Counsel of Record to whom it is 23 reasonably necessary to disclose the information for this Action; 24 (b) The officers, directors, support personnel, and employees 25 (including In-House Counsel) of the Receiving Party to whom 26 disclosure is reasonably necessary for this Action; 27 28 (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 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (d) The Court and its personnel; 3 (e) Court reporters and their staff; 4 (f) Professional jury or trial consultants, mock jurors, and 5 Professional Vendors to whom disclosure is reasonably necessary 6 or this Action and who have signed the “Acknowledgment and 7 Agreement to be Bound” (Exhibit A); 8 (g) 9 The author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew 10 the information; 11 (h) During their depositions, witnesses, and attorneys for witnesses, 12 in the Action to whom disclosure is reasonably necessary 13 provided: (i) the deposing party requests that the witness sign the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and 15 (ii) the witness will not be permitted to keep any confidential 16 information unless they sign the “Acknowledgment and 17 Agreement to Be Bound,” unless otherwise agreed by the 18 Designating Party or ordered by the Court. Pages of transcribed 19 deposition testimony or exhibits to depositions that reveal 20 Protected Material may be separately bound by the court reporter 21 and may not be disclosed to anyone except as permitted under this 22 Stipulated Protective Order; and 23 (i) Any mediator or settlement officer, and their supporting 24 personnel, mutually agreed upon by any of the parties engaged in 25 settlement discussions. 26 27 28 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 9 1 If a Party is served with a subpoena or a court order issued in other litigation 2 that compels disclosure of any information or items designated in this Action as 3 “CONFIDENTIAL,” that Party must: 4 (a) 5 Promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 6 (b) Promptly notify in writing the party who caused the subpoena or order 7 to issue in the other litigation that some or all of the material covered 8 by the subpoena or order is subject to this Stipulated Protective Order. 9 Such notification shall include a copy of this Stipulated Protective 10 Order; and 11 (c) Cooperate with respect to all reasonable procedures sought to be 12 pursued by the Designating Party whose Protected Material may be 13 affected. 14 If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the Court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action to 21 disobey a lawful directive from another court. 22 23 10. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS LITIGATION 25 10.1. Application. 26 The terms of this Stipulated Protective Order are applicable to 27 information produced by a Nonparty in this Action and designated as 28 “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 1 connection with this litigation is protected by the remedies and relief 2 provided by this Stipulated Protective Order. Nothing in these provisions 3 should be construed as prohibiting a Nonparty from seeking additional 4 protections. 5 10.2. Notification. 6 In the event that a Party is required, by a valid discovery request, 7 to produce a Nonparty’s confidential information in its possession, and 8 the Party is subject to an agreement with the Nonparty not to produce the 9 Nonparty’s confidential information, then the Party shall: 10 (a) Promptly notify in writing the Requesting Party and the Nonparty 11 that some or all of the information requested is subject to a 12 confidentiality agreement with a Nonparty; 13 (b) Promptly provide the Nonparty with a copy of the Stipulated 14 Protective Order in this Action, the relevant discovery request(s), 15 and a reasonably specific description of the information requested; 16 and 17 18 19 20 (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 21 within fourteen (14) days after receiving the notice and accompanying 22 information, the Receiving Party may produce the Nonparty’s 23 confidential information responsive to the discovery request. If the 24 Nonparty timely seeks a protective order, the Receiving Party shall not 25 produce any information in its possession or control that is subject to the 26 confidentiality agreement with the Nonparty before a determination by 27 the Court. Absent a court order to the contrary, the Nonparty shall bear 28 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 1 Protected Material. 2 3 11. 4 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Stipulated Protective Order, the Receiving Party immediately must (1) notify in 7 writing the Designating Party of the unauthorized disclosures, (2) use its best efforts 8 to retrieve all unauthorized copies of the Protected Material, (3) inform the person or 9 persons to whom unauthorized disclosures were made of all the terms of this 10 Stipulated Protective Order, and (4) request such person or persons to execute the 11 “Acknowledgment and Agreement to be Bound” (Exhibit A). 12 13 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 14 PROTECTED MATERIAL 15 When a Producing Party gives notice to Receiving Parties that certain 16 inadvertently produced material is subject to a claim of privilege or other protection, 17 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 18 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 19 may be established in an e-discovery order that provides for production without prior 20 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 21 parties reach an agreement on the effect of disclosure of a communication or 22 information covered by the attorney-client privilege or work product protection, the 23 parties may incorporate their agreement in the Stipulated Protective Order submitted 24 to the Court. 25 26 27 28 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 1 Nothing in this Stipulated Protective Order abridges the right of 2 any person to seek its modification by the Court in the future. 3 13.2. Right to Assert Other Objections. 4 By stipulating to the entry of this Stipulated Protective Order, no 5 Party waives any right it otherwise would have to object to disclosing or 6 producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to 8 object on any ground to use in evidence of any of the material covered by 9 this Stipulated Protective Order. 10 13.3. Filing Protected Material. A Party that seeks to file under seal any 11 Protected Material must comply with Local Rule 79-5. Protected Material 12 may only be filed under seal pursuant to a court order authorizing the 13 sealing of the specific Protected Material at issue. If a Party's request to 14 file Protected Material under seal is denied by the Court, then the 15 Receiving Party may file the information in the public record unless 16 otherwise instructed by the Court. 17 18 19 14. FINAL DISPOSITION After the final disposition of this Action, within sixty (60) days of a written 20 request by the Designating Party, each Receiving Party must return all Protected 21 Material to the Producing Party or destroy such material. As used in this subdivision, 22 “all Protected Material” includes all copies, abstracts, compilations, summaries, and 23 any other format reproducing or capturing any of the Protected Material. Whether the 24 Protected Material is returned or destroyed, the Receiving Party must submit a written 25 certification to the Producing Party (and, if not the same person or entity, to the 26 Designating Party) by the 60-day deadline that (1) identifies (by category, where 27 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 28 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 1 summaries or any other format reproducing or capturing any of the Protected Material. 2 Notwithstanding this provision, Counsel is entitled to retain an archival copy of all 3 pleadings; motion papers; trial, deposition, and hearing transcripts; legal memoranda; 4 correspondence; deposition and trial exhibits; expert reports; attorney work product; 5 and consultant and expert work product, even if such materials contain Protected 6 Material. Any such archival copies that contain or constitute Protected Material 7 remain subject to this Stipulated Protective Order as set forth in Section 5. 8 9 10 15. VIOLATION Any violation of this Stipulated Order may be punished by any and all 11 appropriate measures including, without limitation, contempt proceedings and/or 12 monetary sanctions. 13 14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 16 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. 17 18 19 20 21 22 23 24 25 26 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. November 17, 2021 Dated: ______________________ ________________________________ Maria A. Audero 27 United States Magistrate Judge 28 LITTLER MEND ELSO N P.C. 18565 Jamboree Road Suite 800 Irvine, CA 92612 949.705.3000 14 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________[full name], of ____________________ 4 __________________[address], declare under penalty of perjury that I have read in its 5 entirety and understand the Stipulated Protective Order that was issued by the United 6 States District Court for the Central District of California on ___________________ 7 [date] in the case of Lance Casey v. United Parcel Service, Inc., Case No. 2:21-cv- 8 04911-DSF(MAAx). I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order, and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that is 12 subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Stipulated Protective Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint ________________________[full name] 18 of ________________________________________[address and telephone number] 19 as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 22 Signature: ________________________________ 23 Printed Name: ________________________________ 24 Date: ________________________________ 25 City and State Where Sworn and Signed: ________________________________ 26 27 4853-5058-5090.1 / 110830-1016 28 LITTLER MEND ELSO N P.C. 18565 Jamboree Road Suite 800 Irvine, CA 92612 949.705.3000 15

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