Henry Lima Pineda et al v. Nissan North America, Inc.
Filing
38
PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 36 . (see document for details) (hr)
1
2
3
4
5
6
7
8
9
10
11
12
13
Amir Nassihi, SBN 235936
anassihi@shb.com
Joan R. Camagong, SBN 288217
jcamagong@shb.com
SHOOK, HARDY & BACON L.L.P.
555 Mission Street, Suite 2300
San Francisco, CA 94105
Tel: 415.544.1900 | Fax: 415.391.0281
Nalani L. Crisologo, SBN 313402
ncrisologo@shb.com
SHOOK, HARDY & BACON L.L.P.
2049 Century Park East, #3000
Los Angeles, CA 90067-3204
Tel: 424.285.8330 | Fax: 424.204.9093
Attorneys for Defendant
Nissan North America, Inc.
14
UNITED STATES DISTRICT COURT
15
CENTRAL DISTRICT OF CALIFORNIA
16
17
18
19
HENRY LIMA PINEDA, an
individual, and TERESA LIMA
VARGAS, an individual,
Plaintiff,
20
21
v.
22
NISSAN NORTH AMERICA, INC.;
a California Corporation, and DOES
1 through 10, inclusive,
23
24
25
Case No. 2:22-cv-00239-DMG-JC
STIPULATED PROTECTIVE
ORDER
Defendants.
26
27
28
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
1.
A. PURPOSES AND LIMITATIONS
2
As the parties have represented that discovery in this action is likely to involve
3
production of confidential, proprietary, or private information for which special
4
protection from public disclosure and from use for any purpose other than prosecuting
5
this litigation may be warranted, this Court enters the following Protective Order.
6
This Order does not confer blanket protections on all disclosures or responses to
7
discovery. The protection it affords from public disclosure and use extends only to
8
the limited information or items that are entitled to confidential treatment under the
9
applicable legal principles. Further, as set forth in Section 12.3, below, this Protective
10
Order does not entitle the parties to file confidential information under seal. Rather,
11
when the parties seek permission from the court to file material under seal, the parties
12
must comply with Civil Local Rule 79-5 and with any pertinent orders of the assigned
13
District Judge and Magistrate Judge.
14
B. GOOD CAUSE STATEMENT
15
In light of the nature of the claims and allegations in this case and the parties’
16
representations that discovery in this case will involve the production of confidential
17
records, and in order to expedite the flow of information, to facilitate the prompt
18
resolution of disputes over confidentiality of discovery materials, to adequately
19
protect information the parties are entitled to keep confidential, to ensure that the
20
parties are permitted reasonable necessary uses of such material in connection with
21
this action, to address their handling of such material at the end of the litigation, and
22
to serve the ends of justice, a protective order for such information is justified in this
23
matter. The parties shall not designate any information/documents as confidential
24
without a good faith belief that such information/documents have been maintained
25
in a confidential, non-public manner, and that there is good cause or a compelling
26
reason why it should not be part of the public record of this case.
27
///
28
///
2
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
2
3
4
5
6
2.
DEFINITIONS
2.1
Action: The instant action: Henry Pineda et al v. Nissan North
America Inc., Case No. 2:22-cv-00239-DMG-JC.
2.2
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
2.3
“CONFIDENTIAL” Information or Items: information (regardless of
7
how it is generated, stored or maintained) or tangible things that qualify for protection
8
under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
9
Cause Statement.
10
2.4
11
12
Counsel: Outside Counsel of Record and House Counsel (as well as their
support staff).
2.5
Designating Party: a Party or Non-Party that designates information or
13
items that it produces in disclosures or in responses to discovery as
14
“CONFIDENTIAL.”
15
2.6
Disclosure or Discovery Material: all items or information, regardless
16
of the medium or manner in which it is generated, stored, or maintained (including,
17
among other things, testimony, transcripts, and tangible things), that are produced or
18
generated in disclosures or responses to discovery in this matter.
19
2.7
Expert: a person with specialized knowledge or experience in a matter
20
pertinent to the litigation who has been retained by a Party or its counsel to serve as
21
an expert witness or as a consultant in this Action.
22
2.8
House Counsel: attorneys who are employees of a party to this Action.
23
House Counsel does not include Outside Counsel of Record or any other outside
24
counsel.
25
26
2.9
Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
27
2.10 Outside Counsel of Record: attorneys who are not employees of a party
28
to this Action but are retained to represent or advise a party to this Action and have
3
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
appeared in this Action on behalf of that party or are affiliated with a law firm which
2
has appeared on behalf of that party, and includes support staff.
3
2.11 Party: any party to this Action, including all of its officers, directors,
4
employees, consultants, retained experts, and Outside Counsel of Record (and their
5
support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or
6
7
Discovery Material in this Action.
8
2.13 Professional Vendors: persons or entities that provide litigation support
9
services (e.g., photocopying, videotaping, translating, preparing exhibits or
10
demonstrations, and organizing, storing, or retrieving data in any form or medium)
11
and their employees and subcontractors.
12
2.14 Protected Material:
13
any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
14
15
from a Producing Party.
16
3.
SCOPE
17
The protections conferred by this Order cover not only Protected Material (as
18
defined above), but also (1) any information copied or extracted from Protected
19
Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
20
and (3) any deposition testimony, conversations, or presentations by Parties or their
21
Counsel that might reveal Protected Material, other than during a court hearing or at
22
trial.
23
Any use of Protected Material during a court hearing or at trial shall be
24
governed by the orders of the presiding judge. This Order does not govern the use of
25
Protected Material during a court hearing or at trial.
26
4.
DURATION
27
Even after final disposition of this litigation, the confidentiality obligations
28
imposed by this Order shall remain in effect until a Designating Party agrees
4
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
otherwise in writing or a court order otherwise directs. Final disposition shall be
2
deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
3
or without prejudice; and (2) final judgment herein after the completion and
4
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
5
including the time limits for filing any motions or applications for extension of time
6
pursuant to applicable law.
7
5.
8
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
9
Each Party or Non-Party that designates information or items for protection under this
10
Order must take care to limit any such designation to specific material that qualifies
11
under the appropriate standards. The Designating Party must designate for protection
12
only those parts of material, documents, items, or oral or written communications that
13
qualify so that other portions of the material, documents, items, or communications
14
for which protection is not warranted are not swept unjustifiably within the ambit of
15
this Order.
16
Mass, indiscriminate, or routinized designations are prohibited. Designations
17
that are shown to be clearly unjustified or that have been made for an improper
18
purpose (e.g., to unnecessarily encumber the case development process or to impose
19
unnecessary expenses and burdens on other parties) may expose the Designating Party
20
to sanctions.
21
If it comes to a Designating Party’s attention that information or items that it
22
designated for protection do not qualify for protection, that Designating Party must
23
promptly notify all other Parties that it is withdrawing the inapplicable designation.
24
5.2
Manner and Timing of Designations. Except as otherwise provided in
25
this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise
26
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
27
under this Order must be clearly so designated before the material is disclosed or
28
produced.
5
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
Designation in conformity with this Order requires:
2
(a)
for information in documentary form (e.g., paper or electronic
3
documents, but excluding transcripts of depositions), that the Producing Party affix at
4
a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL
5
legend”), to each page that contains protected material. If only a portion or portions
6
of the material on a page qualifies for protection, the Producing Party also must clearly
7
identify the protected portion(s) (e.g., by making appropriate markings in the
8
margins).
9
A Party or Non-Party that makes original documents available for inspection
10
need not designate them for protection until after the inspecting Party has indicated
11
which documents it would like copied and produced. During the inspection and before
12
the designation, all of the material made available for inspection shall be deemed
13
“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
14
copied and produced, the Producing Party must determine which documents, or
15
portions thereof, qualify for protection under this Order. Then, before producing the
16
specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
17
to each page that contains Protected Material. If only a portion or portions of the
18
material on a page qualifies for protection, the Producing Party also must clearly
19
identify the protected portion(s) (e.g., by making appropriate markings in the
20
margins).
21
22
(b) for testimony given in depositions that the Designating Party identifies
on the record, before the close of the deposition as protected testimony.
23
(c) for information produced in some form other than documentary and for
24
any other tangible items, that the Producing Party affix in a prominent place on the
25
exterior of the container or containers in which the information is stored the legend
26
“CONFIDENTIAL.” If only a portion or portions of the information warrants
27
protection, the Producing Party, to the extent practicable, shall identify the protected
28
portion(s).
6
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
2
failure to designate qualified information or items does not, standing alone, waive the
3
Designating Party’s right to secure protection under this Order for such material.
4
Upon timely correction of a designation, the Receiving Party must make reasonable
5
efforts to assure that the material is treated in accordance with the provisions of this
6
Order.
7
6.
6.1
8
9
10
Timing of Challenges.
Any Party or Non-Party may challenge a
designation of confidentiality at any time that is consistent with the Court’s
Scheduling Order.
6.2
11
12
CHALLENGING CONFIDENTIALITY DESIGNATIONS
Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37-1 et seq.
6.3
13
The burden of persuasion in any such challenge proceeding shall be on
14
the Designating Party. Frivolous challenges, and those made for an improper purpose
15
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
16
expose the Challenging Party to sanctions. Unless the Designating Party has waived
17
or withdrawn the confidentiality designation, all parties shall continue to afford the
18
material in question the level of protection to which it is entitled under the Producing
19
Party’s designation until the Court rules on the challenge.
20
7.
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
21
Basic Principles. A Receiving Party may use Protected Material that is
22
disclosed or produced by another Party or by a Non-Party in connection with this
23
Action only for prosecuting, defending, or attempting to settle this Action. Such
24
Protected Material may be disclosed only to the categories of persons and under the
25
conditions described in this Order. When the Action has been terminated, a Receiving
26
Party must comply with the provisions of Section 13 below.
27
///
28
///
7
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
Protected Material must be stored and maintained by a Receiving Party at a
2
location and in a secure manner that ensures that access is limited to the persons
3
authorized under this Order.
4
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
5
otherwise ordered by the court or permitted in writing by the Designating Party, a
6
Receiving
7
“CONFIDENTIAL” only to:
Party
may
disclose
any
information
or
item
designated
8
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well
9
as employees of said Outside Counsel of Record to whom it is reasonably necessary
10
11
12
to disclose the information for this Action;
(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;
13
(c) Experts (as defined in this Order) of the Receiving Party to whom
14
disclosure is reasonably necessary for this Action and who have signed the
15
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
16
(d) the court and its personnel;
17
(e) court reporters and their staff;
18
(f) professional jury or trial consultants, mock jurors, and Professional
19
Vendors to whom disclosure is reasonably necessary for this Action and who have
20
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21
22
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
23
(h) during their depositions, witnesses, and attorneys for witnesses, in the
24
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
25
requests that the witness sign the “Acknowledgment and Agreement to Be Bound”
26
form attached as Exhibit A hereto; and (2) they will not be permitted to keep any
27
confidential information unless they sign the “Acknowledgment and Agreement to
28
Be Bound” attached as Exhibit A, unless otherwise agreed by the Designating Party
8
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
or ordered by the court. Pages of transcribed deposition testimony or exhibits to
2
depositions that reveal Protected Material may be separately bound by the court
3
reporter and may not be disclosed to anyone except as permitted under this Protective
4
Order; and
5
(i) any mediator or settlement officer, and their supporting personnel,
6
mutually agreed upon by any of the parties engaged in settlement discussions.
7
8.
8
OTHER LITIGATION
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
9
If a Party is served with a subpoena or a court order issued in other litigation
10
that compels disclosure of any information or items designated in this Action as
11
“CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall
12
13
include a copy of the subpoena or court order unless prohibited by law;
14
(b) promptly notify in writing the party who caused the subpoena or order
15
to issue in the other litigation that some or all of the material covered by the subpoena
16
or order is subject to this Protective Order. Such notification shall include a copy of
17
this Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued
18
19
by the Designating Party whose Protected Material may be affected.
20
If the Designating Party timely seeks a protective order, the Party served with
21
the subpoena or court order shall not produce any information designated in this action
22
as “CONFIDENTIAL” before a determination by the court from which the subpoena
23
or order issued, unless the Party has obtained the Designating Party’s permission, or
24
unless otherwise required by the law or court order. The Designating Party shall bear
25
the burden and expense of seeking protection in that court of its confidential material
26
and nothing in these provisions should be construed as authorizing or encouraging a
27
Receiving Party in this Action to disobey a lawful directive from another court.
28
///
9
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
9.
A
NON-PARTY’S
PROTECTED
2
PRODUCED IN THIS LITIGATION
MATERIAL
SOUGHT
TO
BE
3
(a) The terms of this Order are applicable to information produced by a
4
Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
5
produced by Non-Parties in connection with this litigation is protected by the
6
remedies and relief provided by this Order. Nothing in these provisions should be
7
construed as prohibiting a Non-Party from seeking additional protections.
8
(b) In the event that a Party is required, by a valid discovery request, to
9
produce a Non-Party’s confidential information in its possession, and the Party is
10
subject to an agreement with the Non-Party not to produce the Non-Party’s
11
confidential information, then the Party shall:
12
(1) promptly notify in writing the Requesting Party and the Non-Party
13
that some or all of the information requested is subject to a confidentiality agreement
14
with a Non-Party;
15
(2) promptly provide the Non-Party with a copy of the Protective Order
16
in this Action, the relevant discovery request(s), and a reasonably specific description
17
of the information requested; and
18
19
(3) make the information requested available for inspection by the NonParty, if requested.
20
(c) If a Non-Party represented by counsel fails to commence the process
21
called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the notice
22
and accompanying information or fails contemporaneously to notify the Receiving
23
Party that it has done so, the Receiving Party may produce the Non-Party’s
24
confidential information responsive to the discovery request. If an unrepresented
25
Non-Party fails to seek a protective order from this court within 14 days of receiving
26
the notice and accompanying information, the Receiving Party may produce the Non-
27
Party’s confidential information responsive to the discovery request. If the Non-Party
28
timely seeks a protective order, the Receiving Party shall not produce any information
10
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
in its possession or control that is subject to the confidentiality agreement with the
2
Non-Party before a determination by the court unless otherwise required by the law
3
or court order. Absent a court order to the contrary, the Non-Party shall bear the
4
burden and expense of seeking protection in this court of its Protected Material.
5
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
6
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
7
Protected Material to any person or in any circumstance not authorized under this
8
Protective Order, the Receiving Party must immediately (a) notify in writing the
9
Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
10
all unauthorized copies of the Protected Material, (c) inform the person or persons to
11
whom unauthorized disclosures were made of all the terms of this Order, and (d)
12
request such person or persons to execute the “Acknowledgment and Agreement to
13
Be Bound” that is attached hereto as Exhibit A.
14
11.
15
PROTECTED MATERIAL
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
16
When a Producing Party gives notice to Receiving Parties that certain
17
inadvertently produced material is subject to a claim of privilege or other protection,
18
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
19
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
20
may be established in an e-discovery order that provides for production without prior
21
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
22
parties reach an agreement on the effect of disclosure of a communication or
23
information covered by the attorney-client privilege or work product protection, the
24
parties may incorporate their agreement into this Protective Order.
25
12.
26
27
28
MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
11
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
12.2 Right to Assert Other Objections. No Party waives any right it otherwise
2
would have to object to disclosing or producing any information or item on any
3
ground not addressed in this Protective Order. Similarly, no Party waives any right
4
to object on any ground to use in evidence of any of the material covered by this
5
Protective Order.
6
12.3 Filing Protected Material. A Party that seeks to file under seal any
7
Protected Material must comply with Civil Local Rule 79-5 and with any pertinent
8
orders of the assigned District Judge and Magistrate Judge. If a Party's request to file
9
Protected Material under seal is denied by the court, then the Receiving Party may
10
file the information in the public record unless otherwise instructed by the court.
11
13.
FINAL DISPOSITION
12
After the final disposition of this Action, as defined in Section 4, within 60 days
13
of a written request by the Designating Party, each Receiving Party must return all
14
Protected Material to the Producing Party or destroy such material. As used in this
15
subdivision, “all Protected Material” includes all copies, abstracts, compilations,
16
summaries, and any other format reproducing or capturing any of the Protected
17
Material. Whether the Protected Material is returned or destroyed, the Receiving Party
18
must submit a written certification to the Producing Party (and, if not the same person
19
or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
20
category, where appropriate) all the Protected Material that was returned or destroyed
21
and (2) affirms that the Receiving Party has not retained any copies, abstracts,
22
compilations, summaries or any other format reproducing or capturing any of the
23
Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
24
archival copy of all pleadings, motion papers, trial, deposition, and hearing
25
transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
26
reports, attorney work product, and consultant and expert work product, even if such
27
materials contain Protected Material. Any such archival copies that contain or
28
///
12
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
constitute Protected Material remain subject to this Protective Order as set forth in
2
Section 4.
3
14.
4
measures including, without limitation, contempt proceedings and/or monetary
5
sanctions.
Any violation of this Order may be punished by any and all appropriate
6
7
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
8
9
DATED 11/03/2022
10
/s/ Andrew Jung
Attorneys for Plaintiff
11
12
13
DATED 11/03/2022
14
Attorneys for Defendant
15
16
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
17
18
DATED: November 7, 2022
19
20
21
___________/s/______________
Honorable Jacqueline Chooljian
United States Magistrate Judge
22
23
24
25
26
27
28
13
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [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 Protective Order that was issued
by the United States District Court for the Central District of California on
November 7, 2022 in the case of Henry Pineda et al v. Nissan North America Inc.,
Case No. 2:22-cv-00239-DMG-JC. I agree to comply with and to be bound by all
the terms of this Protective Order and I understand and acknowledge that failure to
so comply could expose me to sanctions and punishment in the nature of contempt. I
solemnly promise that I will not disclose in any manner any information or item that
is subject to this Protective Order to any person or entity except in strict compliance
with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court
for the Central District of California for the purpose of enforcing the terms of this
Protective Order, even if such enforcement proceedings occur after termination of this
action. I hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and
telephone number] as my California agent for service of process in connection with
this action or any proceedings related to enforcement of this Protective Order.
Date: ______________________________________
City and State where sworn and signed: _________________________________
Printed name: _______________________________
Signature: __________________________________
14
STIPULATED PROTECTIVE ORDER
Case No. 2:22-cv-00239-DMG-JC
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?