David Lotich v. Lowe's HIW Inc et al

Filing 13

AGREED ORDER OF PROTECTION by Magistrate Judge David T. Bristow (am) Modified on 5/3/2013 (am). 12

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CHARLES D. MAY, ESQ.; STATE BAR NO.: 129663
GENE B. SHARAGA, ESQ.; STATE BAR NO.: 131661
THARPE & HOWELL, LLP
15250 Ventura Blvd,, Ninth Floor
Sherman Oaks, California 91403
[phone]; [phone] fax
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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THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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DAVID LOTICH,

CASE NO.: EDCV13- 536 SVW(DTBx)
(San Bernardino County Superior Court
Case No.: CIVDS 1209528)

Plaintiff,

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vs.

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LOWE’S HIW, INC., DOES 1-10,
inclusive,

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AGREED ORDER OF PROTECTION

Defendants.

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It appearing to the Court that the Plaintiff and Defendant are in agreement that
Lowe’s HIW, Inc. (hereinafter “the Defendant”) possesses proprietary policies and
procedures, as well as personnel files of present and former employees, that include
confidential information that may be subject to discovery in the proceedings in this
matter but which should not be made available to the public generally, this Court
hereby orders that:
1.

All documents produced or information disclosed and any other

documents or records designated as “confidential” by the Defendant shall be
revealed only to Plaintiff, counsel of record in this case, paralegals and secretarial
employees under counsel’s direct supervision, and such persons as are employed by
counsel to act as experts in this action. The information considered as “confidential”
and disclosed only in accord with the terms of this paragraph shall include, without
limitation, all of the Defendant’s policies-and procedures, as well as personnel
1AGREED ORDER OF PROTECTION
Lotich v. Lowe’s HIW, Inc.
Case No.: EDCV13536SVW(DTBx)

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records, including disciplinary records, identity, or any other information or
documentation supplied by the Defendant in response to Plaintiff’s Interrogatories or
Requests for Production.

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THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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2.

or disclosed by the Defendant solely for the purposes of preparation for and trial of
this action. Under no circumstances shall information or materials covered by this
Protective Order be disclosed to anyone other than Plaintiff’s counsel of record in
this action, paralegals, secretarial employees under counsel’s direct supervision, and
such persons employed to act as experts in this action. At the conclusion of the
proceedings in this action, all documents and information subject to this Order,
including any copies or extracts or summaries thereof, or documents containing
information taken therefrom, shall be returned to counsel for the Defendant.

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3.

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

paralegals or secretarial employees of counsel or Plaintiff, counsel for Plaintiff shall
require such employees to read this Protective Order and agree to be bound by its
terms.
4.

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

documents or information produced by the Defendant and designated as
“confidential” must be revealed to a person employed to act as an expert in this
action, then counsel may reveal the designated documents or information to such
person, after first complying with the following:
(a)

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Counsel for Plaintiff shall use all documents and information produced

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

(b)

Counsel for the Plaintiff shall require such expert to sign a copy of this
protective order that states: “I have read and understood the terms of
this protective order. I further agree to be bound by its terms.” Nothing
in this paragraph shall be deemed to enlarge the right of Defendant to
conduct discovery of any of - 2 Plaintiff’s experts, except solely with
Lotich v. Lowe’s HIW, Inc.
Case No.: EDCV13-

536SVW(DTBx)

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respect to the ability of such expert to protect confidential information

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and documents from re-disclosure.

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5.

that contain information that has been designated as "Confidential" or "Attorneys'
Eyes Only," shall be accompanied by an application to file the papers or the portion
thereof containing the designated information under seal; and the application shall be
directed to the judge to whom the papers are directed. For motions, the parties shall
file a redacted version of the motion and supporting papers.

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THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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6.

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

information subject to this Order, including any copies or extracts or summaries
thereof, or documents containing information taken therefrom, shall be returned to
counsel for the Defendant.

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

7.

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

Court upon written stipulation of the parties, or upon motion and reasonable notice,
including opportunity for hearing and presentation of evidence.
Entered this 3rd day of May, 2013.

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______________________________
David T. Bristow, U.S. Magistrate Judge

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APPROVED FOR ENTRY:

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/s/
__________________________________
Attorney for Plaintiff, David Lotich

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/s/

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__________________________________
Attorney for Defendant Lowe’s HIW, Inc.

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-3Lotich v. Lowe’s HIW, Inc.
Case No.: EDCV13536SVW(DTBx)