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)

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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 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 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

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