Christopher Marine et al v. Lowes Home Improvement Warehouse Inc et al

Filing 10

PROTECTIVE ORDER by Magistrate Judge Sheri Pym (am)

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CHARLES D. MAY, ESQ. (Bar No. 129663)
GENE B. SHARAGA, ESQ. (Bar No. 131661)
RODRIGO J. BOZOGHLIAN, ESQ. (Bar No.: 249732)
THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
E-Mail: [e-mail]
E-Mail: [e-mail]
Attorneys for Defendant,
LOWE’S HIW, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA - EASTERN DIVISION

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CHRISTOPHER MARINE; KELLI
MARINE,

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Plaintiffs,
v.

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LOWE’S HOME IMPROVEMENT
WAREHOUSE, INC., a North
16 Carolina corporation; LOWE’S
COMPANIES, INC., a North Carolina
17 corporation and DOES 1 to 100,
inclusive,
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Defendants.

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CASE NO. ED CV 11-01480 JFW(SPx)
(Riverside County Superior Court Case
No. RIC 1111858)
PROTECTIVE ORDER

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AGREED ORDER OF PROTECTION
It appearing to the Court that the Plaintiff and Defendant are in agreement

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that Lowe’s HIW, Inc. (hereinafter “the Defendant”) possesses proprietary policies

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and procedures, as well as personnel files of present and former employees, that

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include confidential information that may be subject to discovery in the

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proceedings in this matter but which should not be made available to the public

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generally, this Court hereby orders that:

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-1PROTECTIVE ORDER
Marine v. Lowe’s HIW, Inc.
Case No. ED CV 11-01480 VAP SPx

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1.

All documents produced or information disclosed and any other

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documents or records designated as “confidential” by the Defendant shall be

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revealed only to Plaintiff, counsel of record in this case, paralegals and secretarial

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employees under counsel’s direct supervision, and such persons as are employed

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by counsel to act as experts in this action. The information considered as

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“confidential” and disclosed only in accord with the terms of this paragraph shall

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include, without limitation, all of the Defendant’s policies and procedures, as well

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as personnel records, including disciplinary records, identity, or any other

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information or documentation supplied by the Defendant in response to Plaintiff’s

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Interrogatories or Requests for Production.
2.

Counsel for Plaintiff shall use all documents and information

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produced or disclosed by the Defendant solely for the purposes of preparation for

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and trial of this action. Under no circumstances shall information or materials

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covered by this Protective Order be disclosed to anyone other than Plaintiff’s

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counsel of record in this action, paralegals, secretarial employees under counsel’s

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direct supervision, and such persons employed to act as experts in this action. At

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the conclusion of the proceedings in this action, all documents and information

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subject to this Order, including any copies or extracts or summaries thereof, or

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documents containing information taken therefrom, shall be returned to counsel

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for the Defendant.

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3.

Prior to disclosure of any documents designated as “confidential” to

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paralegals or secretarial employees of counsel or Plaintiff, counsel for Plaintiff

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shall require such employees to read this Protective Order and agree to be bound

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by its terms.

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4.

If counsel for Plaintiff determines that for purposes of this action,

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documents or information produced by the Defendant and designated as

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“confidential” must be revealed to a person employed to act as an expert in this

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action, then counsel may reveal the designated documents or information to such
-2PROTECTIVE ORDER
Marine v. Lowe’s HIW, Inc.
Case No. ED CV 11-01480 VAP SPx

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person, after first complying with the following:
(a)

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Counsel for the Plaintiff shall have the expert read this Order and
shall explain the contents thereof to such expert.

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(b)

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Counsel for the Plaintiff shall require such expert to sign a copy of

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this protective order that states: “I have read and understood the terms

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of this protective order. I further agree to be bound by its terms.”

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Nothing in this paragraph shall be deemed to enlarge the right of

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Defendant to conduct discovery of any of Plaintiff’s experts, except

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solely with respect to the ability of such expert to protect confidential
information and documents from re-disclosure.

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5.

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In accordance with Local Rule 79-5.1, any papers filed with the Court

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that contain information that has been designated as "Confidential" or "Attorneys'

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Eyes Only," shall be accompanied by an application to file the papers or the

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portion thereof containing the designated information under seal; and the

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application shall be directed to the judge to whom the papers are directed. For

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motions, the parties shall file a redacted version of the motion and supporting

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papers.
6.

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At the conclusion of the proceedings in this action, all documents and

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information subject to this Order, including any copies or extracts or summaries

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thereof, or documents containing information taken therefrom, shall be returned to

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counsel for the Defendant.

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-3PROTECTIVE ORDER
Marine v. Lowe’s HIW, Inc.
Case No. ED CV 11-01480 VAP SPx

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7.

This Order is subject to revocation and modification by Order of the

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Court upon written stipulation of the parties, or upon motion and reasonable

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notice, including opportunity for hearing and presentation of evidence.

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Entered this _21st_ day of _December_, 2011.

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______________________________
Hon. Sheri Pym
United States Magistrate Judge

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APPROVED FOR ENTRY:
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Attorney for Plaintiffs, Christopher Marine;
Kelli Marine

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__________________________________
Attorney for Defendant Lowe’s HIW, Inc.

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-4PROTECTIVE ORDER
Marine v. Lowe’s HIW, Inc.
Case No. ED CV 11-01480 VAP SPx