BETZ v. Lowe's Home Centers LLC

Filing 15

PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)

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CHARLES D. MAY, ESQ.; STATE BAR NO.: 129663
DIMITRY CHAPOVSKY, ESQ.; STATE BAR NO.: 242405

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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 HOME CENTERS, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

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

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DONNA BETZ,

Case No.: 5:16-cv-01872 JGB (SPx)
Plaintiff(s),

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(San Bernardino County Superior Court
Case No. CIVDS1606805)

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v.

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LOWE’S HOME CENTERS, LLC;
and DOES 1 through 25,

PROTECTIVE ORDER

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Defendant(s).
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Plaintiff DONNA BETZ (“Plaintiff”) and Defendant LOWE’S HOME

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CENTERS, LLC (“Defendant”) jointly submit this Proposed Order pursuant to

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Federal Rules of Civil Procedure, Rule 26(c)(1) limiting the use and disposition of

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certain information and documents during litigation of this matter.

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Good Cause Statement

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Federal Rules of Civil Procedure, Rule 26(c)(1) states in pertinent part, that the

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Court, upon a showing of good cause may “issue an order to protect a party from

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annoyance, embarrassment, oppression, or undue burden or expense.” Fed.R.Civ.P.

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26(c)(1). In the instant matter, Defendant’s Confidential Documents (as later defined

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herein) contain proprietary and confidential trade secret information relating to
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PROTECTIVE ORDER
BETZ v. LOWE’S HOME CENTERS, LLC, et al.
Case No.: 5:16-cv-01872 JGB (SPx)

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Defendant’s business practices and its safety protocol. Defendant derives independent

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economic value from maintaining the confidentiality of the policies and procedures set

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forth in these Confidential Documents.

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Defendant is a retailer in the home improvement industry and has conducted
business in California since 1998.

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competitive. As a result of years of investing time and money in research and

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investigation, Defendant developed the policies contained in the Confidential

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Documents for the purposes of maintaining the security and accessibility of its

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merchandise, providing quality customer service, and ensuring the safety of its

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

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employees and customers. These policies and procedures, as memorialized in the

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Confidential Documents, were created and generated by Lowe’s for Lowe’s, and are

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used for the purposes of maintaining safety at its stores and creating efficient and

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organized work environments for its employees. As a result, Defendant is able to

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minimize the waste of any resources, which is a key factor in generating profitability

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for its business.

The home improvement retail industry is very

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Defendant derives economic value from maintaining the secrecy of its

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Confidential Documents. If disclosed to the public, the trade secret information

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contained in Defendant’s Confidential Documents would reveal Defendant’s internal

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operations and could potentially be used by competitors as a means to compete for its

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customers, interfere with its business plans and thereby gain unfair business

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advantages. If Defendant’s safety protocol were revealed to the general public, it

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would hinder Defendant’s ability to effectively resolve and minimize liability claims,

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and its goal of protecting its customers and employees from theft and other crimes.

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Unrestricted or unprotected disclosure of such information would result in prejudice

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or harm to Defendant by revealing Lowe’s competitive confidential information,

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which has been developed at the expense of Lowe’s and which represents valuable

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tangible and intangible assets. An order of the Court is needed in this case to enable

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the Court to enforce the stipulated agreement between the parties in the event of
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PROTECTIVE ORDER
BETZ v. LOWE’S HOME CENTERS, LLC, et al.
Case No.: 5:16-cv-01872 JGB (SPx)

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violation of such agreement by either party. Accordingly, the parties respectfully

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submit that there is good cause for the entry of a Protective Order in this case.

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The parties having agreed to the following terms governing the treatment of

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confidential information, and the Court having found that good cause exists for

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issuance of an appropriately-tailored confidentiality order governing the pre-trial

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phase of this action, it is HEREBY ORDERED as follows:

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1.

All documents produced or information disclosed and any other records

designated as “CONFIDENTIAL” by the Defendant shall be revealed only to a

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settlement officer, court personnel, Plaintiff, counsel of record in this case, paralegals

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

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

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employed by counsel to act as experts in this action. The documents and information

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designated as “CONFIDENTIAL” and disclosed only in accord with the terms of this

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paragraph may include, without limitation, documents and information containing

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Defendant’s policies and procedures, as well as personnel records, including

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disciplinary records, identity, information relating to the processes, operations, type of

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work, or apparatus, or the production, sales, shipments, transfers, identification of

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customers, inventories, amount or source of income, profits, losses, expenditures, or

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any research, development, or any other commercial information supplied by the

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Defendant in response to Plaintiff’s Interrogatories or Requests for Production

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(collectively, the “Confidential Documents”). Information and documentation

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considered “CONFIDENTIAL” are subject to protection under Civil Local Rule 79-5

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of the U.S. District Court – Central District of California, Rule 26 of the Federal Rules

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of Civil Procedure, and under other provisions of Federal law.

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2.

Counsel for Plaintiff shall use all documents and information produced

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or disclosed by the Defendant solely for the purposes of preparation for and trial of

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this action. Under no circumstances shall information or materials covered by this

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Protective Order be disclosed to anyone other than a settlement officer, court

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personnel, Plaintiff, counsel of record in this case, paralegals and secretarial
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PROTECTIVE ORDER
BETZ v. LOWE’S HOME CENTERS, LLC, et al.
Case No.: 5:16-cv-01872 JGB (SPx)

1

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

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counsel to act as experts in this action. At the conclusion of the proceedings in this

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action, all documents and information subject to this Order, including any copies or

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extracts or summaries thereof, or documents containing information taken therefrom,

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shall be returned to counsel for the Defendant, at defense counsel’s written request.

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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 shall

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

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terms.

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

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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 “confidential”

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must be revealed to a person employed to act as an expert in this action, then counsel

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may reveal the designated documents or information to such person, after first

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complying with the following:

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(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)

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

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

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protective order. I further agree to be bound by its terms.” Nothing in

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this paragraph shall be deemed to enlarge the right of Defendant to

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conduct discovery of any of Plaintiff’s experts, except solely with respect

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to the ability of such expert to protect confidential information and

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documents from re-disclosure.

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5.

In accordance with Local Rule 79-5.1, if a party seeks to file under seal a

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document which is designated as confidential by the opposing party or a nonparty

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pursuant to a protective order, that party must do so in accordance with Local Rule 79-

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5.

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6.

The Court’s Order is subject to revocation and modification by Order of
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PROTECTIVE ORDER
BETZ v. LOWE’S HOME CENTERS, LLC, et al.
Case No.: 5:16-cv-01872 JGB (SPx)

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

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including opportunity for hearing and presentation of evidence.

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7.

Any motion challenging a designation will need to be made in strict

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compliance with Local Rules 37-1 and 37-2 (including the Joint Stipulation

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requirement).

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8.

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

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Nothing contained in this Order is intended or should be construed as

authorizing a party in this action to disobey a lawful subpoena issued in another action.
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This Order shall not govern the use of confidential material at trial. That

is a matter the parties will need to address with the judicial officer conducting the trial
at the appropriate time.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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Date: April 18, 2017

______________________________
HON. SHERI PYM
U.S. MAGISTRATE JUDGE

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PROTECTIVE ORDER
BETZ v. LOWE’S HOME CENTERS, LLC, et al.
Case No.: 5:16-cv-01872 JGB (SPx)