Jose Murillo et al v. Goodleap, LLC
Filing
37
STIPULATED PROTECTIVE ORDER by Magistrate Judge Maria A. Audero re Stipulation for Protective Order 35 . (See document for further details). (et)
1
2
3
4
5
6
7
KEMNITZER, BARRON & KRIEG, LLP
KRISTIN KEMNITZER
Bar No. 278946
ADAM J. MCNEILE
Bar No. 280296
MALACHI J. HASWELL
Bar No. 307729
1120 Mar West St., Ste. C-2
Telephone: (415) 632-1900
Facsimile: (415) 632-1901
kristin@kbklegal.com
adam@kbklegal.com
kai@kbklegal.com
Attorneys for Plaintiffs JOSE MURILLO, IRMA
BERRIOS, and MARINA MURILLO
8
9
10
UNITED STATES DISTRICT COURT
11
FOR THE CENTRAL DISTRICT OF CALIFORNIA
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOSE MURILLO, IRMA BERRIOS, Case No. 2:23-cv-09382-HDV-MAA
and MARINA MURILLO,
[PROPOSED] STIPULATED
Plaintiff,
PROTECTIVE ORDER
vs.
GOODLEAP, LLC; and DOES 1
through 20, inclusive,
Defendants.
______________________________/
1. PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve
production of confidential, proprietary, or private information for which special
protection from public disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. Accordingly, the parties hereby
stipulate to and petition the Court to enter the following Stipulated Protective Order.
The parties acknowledge that this Order does not confer blanket protections on all
disclosures or responses to discovery and that the protection it affords from public
1
Proposed Stipulated Protective Order Rev 240430
1
disclosure and use extends only to the limited information or items that are entitled
2
to confidential treatment under the applicable legal principles. The parties further
3
acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective
4
Order does not entitle them to file confidential information under seal; Civil Local
5
Rule 79-5 sets forth the procedures that must be followed and the standards that will
6
be applied when a party seeks permission from the court to file material under seal.
7
2. GOOD CAUSE STATEMENT
8
This action is likely to involve trade secrets, customer and pricing lists and
9
other valuable research, development, commercial, financial, technical and/or
10
proprietary information for which special protection from public disclosure and from
11
use for any purpose other than prosecution of this action is warranted. Such
12
confidential and proprietary materials and information consist of, among other
13
things, confidential business or financial information, information regarding
14
confidential business practices, or other confidential research, development, or
15
commercial information (including information implicating privacy rights of third
16
parties), information otherwise generally unavailable to the public, or which may be
17
privileged or otherwise protected from disclosure under state or federal statutes,
18
court rules, case decisions, or common law. Accordingly, to expedite the flow of
19
information, to facilitate the prompt resolution of disputes over confidentiality of
20
discovery materials, to adequately protect information the parties are entitled to keep
21
confidential, to ensure that the parties are permitted reasonable necessary uses of
22
such material in preparation for and in the conduct of trial, to address their handling
23
at the end of the litigation, and serve the ends of justice, a protective order for such
24
information is justified in this matter. It is the intent of the parties that information
25
will not be designated as confidential for tactical reasons and that nothing be so
26
designated without a good faith belief that it has been maintained in a confidential,
27
non-public manner, and there is good cause why it should not be part of the public
28
record of this case.
2
Proposed Stipulated Protective Order Rev 240430
1
3. DEFINITIONS
2
3.1
Action: This pending federal lawsuit.
3
3.2
Challenging Party: a Party or Non-Party that challenges the designation of
4
information or items under this Order.
5
3.3
6
is generated, stored or maintained) or tangible things that qualify for protection
7
under Federal Rule of Civil Procedure 26©.
8
3.4
9
support staff).
“CONFIDENTIAL” Information or Items: information (regardless of how it
Counsel: Outside Counsel of Record and House Counsel (as well as their
Designating Party: a Party or Non-Party that designates information or items
10
3.5
11
that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
12
3.6
13
medium or manner in which it is generated, stored, or maintained (including, among
14
other things, testimony, transcripts, and tangible things), that are produced or
15
generated in disclosures or responses to discovery in this matter.
16
3.7
17
pertinent to the litigation who has been retained by a Party or its counsel to serve as
18
an expert witness or as a consultant in this Action.
19
3.8
20
Counsel does not include Outside Counsel of Record or any other outside counsel.
21
3.9
22
legal entity not named as a Party to this Action.
23
3.10 Outside Counsel of Record: attorneys who are not employees of a party to this
24
Action but are retained to represent or advise a party to this Action and have
25
appeared in this Action on behalf of that party or are affiliated with a law firm which
26
has appeared on behalf of that party, and includes support staff.
Disclosure or Discovery Material: all items or information, regardless of the
Expert: a person with specialized knowledge or experience in a matter
House Counsel: attorneys who are employees of a party to this Action. House
Non-Party: any natural person, partnership, corporation, association, or other
27
28
3
Proposed Stipulated Protective Order Rev 240430
1
3.11Party: any party to this Action, including all of its officers, directors, employees,
2
consultants, retained experts, and Outside Counsel of Record (and their support
3
staffs).
4
3.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
5
Material in this Action.
6
3.13 Professional Vendors: persons or entities that provide litigation support
7
services (e.g., photocopying, videotaping, translating, preparing exhibits or
8
demonstrations, and organizing, storing, or retrieving data in any form or medium)
9
and their employees and subcontractors.
10
3.14 Protected Material: any Disclosure or Discovery Material that is designated
11
as “CONFIDENTIAL.”
12
3.15 Receiving Party: a Party that receives Disclosure or Discovery Material from
13
a Producing Party.
14
4. SCOPE
15
The protections conferred by this Stipulation and Order cover not only
16
Protected Material (as defined above), but also (1) any information copied or
17
extracted from Protected Material; (2) all copies, excerpts, summaries, or
18
compilations of Protected Material; and (3) any testimony, conversations, or
19
presentations by Parties or their Counsel that might reveal Protected Material. Any
20
use of Protected Material at trial shall be governed by the orders of the trial judge.
21
This Order does not govern the use of Protected Material at trial.
22
5. DURATION
23
Even after final disposition of this litigation, the confidentiality obligations
24
imposed by this Order shall remain in effect until a Designating Party agrees
25
otherwise in writing or a Court order otherwise directs. Final disposition shall be
26
deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
27
or without prejudice; and (2) final judgment herein after the completion and
28
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
4
Proposed Stipulated Protective Order Rev 240430
1
including the time limits for filing any motions or applications for extension of time
2
pursuant to applicable law.
3
6. DESIGNATING PROTECTED MATERIAL
4
6.1
5
Party or Non-Party that designates information or items for protection under this
6
Order must take care to limit any such designation to specific material that qualifies
7
under the appropriate standards. The Designating Party must designate for protection
8
only those parts of material, documents, items, or oral or written communications
9
that qualify – so that other portions of the material, documents, items, or
10
communications for which protection is not warranted are not swept unjustifiably
11
within the ambit of this Order.
Exercise of Restraint and Care in Designating Material for Protection. Each
12
Mass, indiscriminate, or routinized designations are prohibited. Designations
13
that are shown to be clearly unjustified or that have been made for an improper
14
purpose (e.g., to unnecessarily encumber or retard the case development process or
15
to impose unnecessary expenses and burdens on other parties) may expose the
16
Designating Party to sanctions.
17
If it comes to a Designating Party’s attention that information or items that it
18
designated for protection do not qualify for protection, that Designating Party must
19
promptly notify all other Parties that it is withdrawing the inapplicable designation.
20
6.2
21
Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated
22
or ordered, Disclosure or Discovery Material that qualifies for protection under this
23
Order must be clearly so designated before the material is disclosed or produced.
24
Manner and Timing of Designations. Except as otherwise provided in this
Designation in conformity with this Order requires:
25
(a) for information in documentary form (e.g., paper or electronic
26
documents, but excluding transcripts of depositions or other pretrial or trial
27
proceedings), that the Producing Party affix at a minimum, the legend
28
“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) to each page that
5
Proposed Stipulated Protective Order Rev 240430
1
contains protected material. If only a portion or portions of the material on a page
2
qualifies for protection, the Producing Party also must clearly identify the protected
3
portion(s) (e.g., by making appropriate markings in the margins).
4
A Party or Non-Party that makes original documents available for inspection
5
need not designate them for protection until after the inspecting Party has indicated
6
which documents it would like copied and produced. During the inspection and
7
before the designation, all of the material made available for inspection shall be
8
deemed “CONFIDENTIAL.” After the inspecting Party has identified the
9
documents it wants copied and produced, the Producing Party must determine which
10
documents, or portions thereof, qualify for protection under this Order. Then, before
11
producing the specified documents, the Producing Party must affix the
12
“CONFIDENTIAL legend” to each page that contains Protected Material. If only a
13
portion or portions of the material on a page qualifies for protection, the Producing
14
Party also must clearly identify the protected portion(s) (e.g., by making appropriate
15
markings in the margins).
16
(b) for testimony given in depositions that the Designating Party identify
17
the Disclosure or Discovery Material on the record, before the close of the
18
deposition, hearing, or other proceeding, all protected testimony.
19
(c) for information produced in some form other than documentary and for
20
any other tangible items, that the Producing Party affix in a prominent place on the
21
exterior of the container or containers in which the information or item is stored the
22
legend “CONFIDENTIAL.” If only a portion or portions of the information warrants
23
protection, the Producing Party, to the extent practicable, shall identify the protected
24
portion(s).
25
6.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
26
failure to designate qualified information or items does not, standing alone, waive
27
the Designating Party’s right to secure protection under this Order for such material.
28
Upon timely correction of a designation, the Receiving Party must make reasonable
6
Proposed Stipulated Protective Order Rev 240430
1
efforts to assure that the material is treated in accordance with the provisions of this
2
Order.
3
7. CHALLENGING CONFIDENTIALITY DESIGNATIONS
4
7.1
5
of confidentiality at any time that is consistent with the Court’s Scheduling Order.
6
7.2
7
process, which shall comply with Local Rule 37.1 et seq., and with Section 4 of
8
Judge Audero’s Procedures (“Mandatory Telephonic Conference for Discovery
9
Disputes”). 1
Timing of Challenges. Any Party or Non-Party may challenge a designation
Meet and Confer. The Challenging Party shall initiate the dispute resolution
10
7.3
11
proceeding shall be on the Designating Party. Frivolous challenges, and those made
12
for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens
13
on other parties) may expose the Challenging Party to sanctions. Unless the
14
Designating Party has waived or withdrawn the confidentiality designation, all
15
parties shall continue to afford the material in question the level of protection to
16
which it is entitled under the Producing Party’s designation until the Court rules on
17
the challenge.
18
8. ACCESS TO AND USE OF PROTECTED MATERIAL
19
8.1
20
disclosed or produced by another Party or by a Non-Party in connection with this
21
Action only for prosecuting, defending, or attempting to settle this Action. Such
22
Protected Material may be disclosed only to the categories of persons and under the
23
conditions described in this Order. When the Action has been terminated, a
24
Receiving Party must comply with the provisions of section 13 below (FINAL
25
DISPOSITION).
28
Basic Principles. A Receiving Party may use Protected Material that is
Protected Material must be stored and maintained by a Receiving Party at a
26
27
Burden of Persuasion. The burden of persuasion in any such challenge
1
Judge Audero’s Procedures are available at https://www.cacd.uscourts.gov/honorable-mariaaudero.
7
Proposed Stipulated Protective Order Rev 240430
1
location and in a secure manner that ensures that access is limited to the persons
2
authorized under this Order.
3
8.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
4
otherwise ordered by the Court or permitted in writing by the Designating Party, a
5
Receiving
6
“CONFIDENTIAL” only to:
Party
may
disclose
any
information
or
item
designated
7
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well
8
as employees of said Outside Counsel of Record to whom it is reasonably necessary
9
to disclose the information for this Action;
10
11
12
13
(b) the officers, directors, and employees (including House Counsel) of the
Receiving Partyto whom disclosure is reasonably necessary for this Action ;
(c) Experts (as defined in this Order) of the Receiving Party to whom
disclosure is reasonably necessary for this litigation;
14
(d) the Court and its personnel;
15
(e) Court reporters and their staff,
16
(f) professional jury or trial consultants, mock jurors, and Professional
17
Vendors to whom disclosure is reasonably necessary for this Action and who have
18
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
19
20
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
21
(h) during their depositions, witnesses, and attorneys for witnesses, in the
22
Action to whom disclosure is reasonably necessary provided: (1) that the witness
23
sign the form attached as Exhibit 1 hereto; and (2) they will not be permitted to keep
24
any confidential information, unless otherwise agreed by the Designating Party or
25
ordered by the court. Pages of transcribed deposition testimony or exhibits to
26
depositions that reveal Protected Material may be separately bound by the court
27
reporter and may not be disclosed to anyone except as permitted under this Stipulated
28
Protective Order; and
8
Proposed Stipulated Protective Order Rev 240430
1
(i) any mediator or settlement officer, and their supporting personnel,
2
mutually agreed upon by any of the parties engaged in settlement discussions.
3
9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
4
IN OTHER LITIGATION
5
If a Party is served with a subpoena or a court order issued in other litigation
6
that compels disclosure of any information or items designated in this Action as
7
“CONFIDENTIAL,” that Party must:
8
9
(a) promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;
10
(b) promptly notify in writing the party who caused the subpoena or order
11
to issue in the other litigation that some or all of the material covered by the subpoena
12
or order is subject to this Protective Order. Such notification shall include a copy of
13
this Stipulated Protective Order; and
14
15
(c) cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be affected.
16
If the Designating Party timely seeks a protective order, the Party served with
17
the subpoena or court order shall not produce any information designated in this
18
Action as “CONFIDENTIAL” before a determination by the Court from which the
19
subpoena or order issued, unless the Party has obtained the Designating Party’s
20
permission. The Designating Party shall bear the burden and expense of seeking
21
protection in that court of its confidential material – and nothing in these provisions
22
should be construed as authorizing or encouraging a Receiving Party in this Action
23
to disobey a lawful directive from another court.
24
10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
25
PRODUCED IN THIS LITIGATION
26
(a) The terms of this Order are applicable to information produced by a
27
Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
28
produced by Non-Parties in connection with this litigation is protected by the
9
Proposed Stipulated Protective Order Rev 240430
1
remedies and relief provided by this Order. Nothing in these provisions should be
2
construed as prohibiting a Non-Party from seeking additional protections.
3
(b) In the event that a Party is required, by a valid discovery request, to
4
produce a Non-Party’s confidential information in its possession, and the Party is
5
subject to an agreement with the Non-Party not to produce the Non-Party’s
6
confidential information, then the Party shall:
7
(1) promptly notify in writing the Requesting Party and the Non-Party
8
that some or all of the information requested is subject to a confidentiality agreement
9
with a Non-Party;
10
(2) promptly provide the Non-Party with a copy of the Stipulated
11
Protective Order in this Action, the relevant discovery request(s), and a reasonably
12
specific description of the information requested; and
13
14
(3) make the information requested available for inspection by the NonParty.
15
(c) If the Non-Party fails to seek a protective order from this Court within
16
14 days of receiving the notice and accompanying information, the Receiving Party
17
may produce the Non-Party’s confidential information responsive to the discovery
18
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
19
not produce any information in its possession or control that is subject to the
20
confidentiality agreement with the Non-Party before a determination by the court.
21
Absent a court order to the contrary, the Non-Party shall bear the burden and expense
22
of seeking protection in this court of its Protected Material.
23
11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
25
Protected Material to any person or in any circumstance not authorized under this
26
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
27
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
28
to retrieve all unauthorized copies of the Protected Material, (c) inform the person
10
Proposed Stipulated Protective Order Rev 240430
1
or persons to whom unauthorized disclosures were made of all the terms of this
2
Order, and (d) request such person or persons to execute the “Acknowledgment and
3
Agreement to Be Bound” that is attached hereto as Exhibit A.
4
12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
5
PROTECTED MATERIAL
6
When a Producing Party gives notice to Receiving Parties that certain
7
inadvertently produced material is subject to a claim of privilege or other protection,
8
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
9
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
10
may be established in an e-discovery order that provides for production without prior
11
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
12
parties reach an agreement on the effect of disclosure of a communication or
13
information covered by the attorney-client privilege or work product protection, the
14
parties may incorporate their agreement in the stipulated protective order submitted
15
to the Court.
16
13. MISCELLANEOUS
17
13.1 Right to Further Relief. Nothing in this Order abridges the right of any person
18
to seek its modification by the Court in the future.
19
13.2 Right to Assert Other Objections. By stipulating to the entry of this Protective
20
Order no Party waives any right it otherwise would have to object to disclosing or
21
producing any information or item on any ground not addressed in this Stipulated
22
Protective Order. Similarly, no Party waives any right to object on any ground to use
23
in evidence of any of the material covered by this Protective Order.
24
13.3 Filing Protected Material. A Party that seeks to file under seal any Protected
25
Material must comply with Civil Local Rule 79-5. Protected Material may only be
26
filed under seal pursuant to a court order authorizing the sealing of the specific
27
Protected Material at issue. If a Party's request to file Protected Material under seal
28
11
Proposed Stipulated Protective Order Rev 240430
1
is denied by the court, then the Receiving Party may file the information in the public
2
record unless otherwise instructed by the court.
3
14. FINAL DISPOSITION
4
After the final disposition of this Action, as defined in paragraph 4, within 60
5
days of a written request by the Designating Party, each Receiving Party must return
6
all Protected Material to the Producing Party or destroy such material. As used in
7
this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
8
summaries, and any other format reproducing or capturing any of the Protected
9
Material. Whether the Protected Material is returned or destroyed, the Receiving
10
Party must submit a written certification to the Producing Party (and, if not the same
11
person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
12
(by category, where appropriate) all the Protected Material that was returned or
13
destroyed and (2) affirms that the Receiving Party has not retained any copies,
14
abstracts, compilations, summaries or any other format reproducing or capturing any
15
of the Protected Material. Notwithstanding this provision, Counsel are entitled to
16
retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
17
transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
18
reports, attorney work product, and consultant and expert work product, even if such
19
materials contain Protected Material. Any such archival copies that contain or
20
constitute Protected Material remain subject to this Protective Order as set forth in
21
Section 4 (DURATION).
22
15. VIOLATION
23
Any violation of this Order may be punished by any and all appropriate
24
measures including, without limitation, contempt proceedings and/or monetary
25
sanctions.
26
27
[SIGNATURES ON FOLLOWING PAGE]
28
12
Proposed Stipulated Protective Order Rev 240430
1
2
3
4
5
6
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: May 6, 2024
/s/ Adam McNeile
ADAM MCNEILE
Attorney for Plaintiffs
DATED: May 6, 2024
/s/ Fredrick Levin
FREDRICK LEVIN
Attorney for Defendant GOODLEAP, LLC
7
8
9
10
11
FILER’S ATTESTATION
Pursuant to Local Rule 5-4.3.4(a)(2)(i), I hereby attest that the content of this
12
document has been approved by counsel for Defendant Goodleap, LLC, and that
13
he has authorized this filing with his electronic signature.
14
Dated: May 6, 2024
KEMNITZER, BARRON & KRIEG, LLP
15
16
By:
17
18
/s/ Adam J. McNeile
Adam J. McNeile
Attorneys for Plaintiff
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
19
20
21
Dated: May 8, 2024
Maria
riaa A
A.. A
Audero
udero
United
States
Magistrate Judge
ted
dS
tates Magist
22
23
24
25
26
27
28
13
Proposed Stipulated Protective Order Rev 240430
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of
4
_________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by JAMS on [date] in the of Jose Murillo, et al. v. GoodLeap, LLC,
7
United States District Court, Central District of California, Case No. 2:23-cv-
8
09382. I agree to comply with and to be bound by all the terms of this Stipulated
9
Protective Order and I understand and acknowledge that failure to so comply could
10
expose me to sanctions and punishment in the nature of contempt. I solemnly
11
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 Order.
14
I further agree to submit to the jurisdiction of the United States District Court for
15
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 __________________________ [print
18
or type full name] of _______________________________________ [print or
19
type full address and telephone number] as my California agent for service of
20
process in connection with this action or any proceedings related to enforcement of
21
this Stipulated Protective Order.
22
23
Date: ______________________________________
24
City and State where sworn and signed: _________________________________
25
26
Printed name: _______________________________
27
28
Signature: __________________________________
14
Proposed Stipulated Protective Order Rev 240430
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?