Fidelina Rangel v. Forest River, Inc., et al

Filing 22

PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal re Order 21 , Stipulation for Protective Order 20 . (See document for details). (mr)

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Paul K. Haines (State Bar No. 248226)
[e-mail]
Fletcher W. Schmidt (State Bar No. 286462)
[e-mail]
HAINES LAW GROUP, APC
2274 East Maple Avenue
El Segundo, California 90245
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff
7 FIDELINA RANGEL
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Maureen K. Bogue (State Bar No. 194755)
[e-mail]
Noah Levin (State Bar No. 263069)
[e-mail]
PACIFIC EMPLOYMENT LAW LLP
101 California Street, Suite 2300
San Francisco, CA 94111
Tel.: [phone]
Fax: [phone]
Attorneys for Defendant
FOREST RIVER, INC.

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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FIDELINA RANGEL as an individual
20 and on behalf of all others similarly
situated,
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Plaintiff,
vs.

FOREST RIVER, INC., an Indiana
24 Corporation; and DOES 1 through 100,
Defendants.
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Case No. 5:17-cv-0613 JFW (SSx)
CLASS ACTION
STIPULATED PROTECTIVE ORDER –
CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT:
REFERRED TO MAGISTRATE
JUDGE SUZANNE H. SEGAL]

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Complaint Filed: February 2, 2017
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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential,

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proprietary, or private personal information, including personal contact and payroll

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information, for which special protection from public disclosure and from use for any

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purpose other than prosecuting this litigation may be warranted. Accordingly, by and

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between Plaintiff Fidelina Rangel, as an individual and on behalf of all others similarly

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situated (“Plaintiff”), and Defendant Forest River, Inc. (“Defendant”) (collectively, “the

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parties”), by and through their respective undersigned counsel of record, the parties

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HEREBY STIPULATE AND AGREE AND PETITION THE COURT to enter the

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following Stipulated Protective Order.

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The parties acknowledge that this Stipulated Protective Order does not confer

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blanket protections on all disclosures or responses to discovery and that the protection it

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affords from public disclosure and use extends only to the limited information or items

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that are entitled to confidential treatment under the applicable legal principles. The

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parties further acknowledge, as set forth in paragraph 2(n), below, that this Stipulated

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Protective Order does not entitle them to file confidential information under seal; Civil

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Local Rule 79-5 sets forth the procedures that must be followed and the standards that

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will be applied when a party seeks permission from the court to file material under seal.

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GOOD CAUSE STATEMENT

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This action is likely to involve the disclosure by Defendant of (1) personal and

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private contact information, including addresses, telephone and cell phone numbers,

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and email addresses for Defendant’s current and former employees who may be

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identified as putative class members in this class action lawsuit; (2) payroll and other

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financial information and documents pertaining to Defendant’s current and former

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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employees who may be identified as putative class members in this class action lawsuit;

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(3) non-public documents and/or information concerning Defendant’s finances,

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including financial reports, profit and loss statements, and financial projections; (4)

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non-public documents and/or information concerning Defendant’s business policies,

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internal business procedures and operational practices; and (5) non-public documents

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and/or information containing Defendant’s trade secrets and non-public technical

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and/or proprietary information. As set forth below, good cause exists to provide these

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categories of documents and information, (1) through (5), with special protection from

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public disclosure and from use for any purpose other than for prosecution of this action.

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Specifically, if no protective order is entered to protect these categories of

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documents and information, the following harm and prejudice will result:
As to category (1), the disclosure of personal and private contact information,

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including addresses, telephone and cell phone numbers, and email addresses for

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Defendant’s current and former employees who may be identified as putative class

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members in this class action lawsuit would cause harm to these individuals to the extent

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that they are not yet parties to this lawsuit, they may communicate their desire to have

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no part of the proceedings and have no communication with counsel in this case, and/or

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may choose to opt out of any proceedings, but nonetheless – without the protections of

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this Stipulated Protective Order – would have their addresses, telephone numbers and

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email addresses made public. Further, these individuals’ telephone and cell phone

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numbers, addresses, email addresses, and employment information are not already a

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matter of general public record, and disclosure of such information would likely

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implicate the privacy rights and interests of wholly unrelated third parties, for example

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other family members who share a telephone number or email address or residence

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address with the employee. Defendant’s current and former employees were required

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to provide their contact information to Defendant in exchange for and in the course of

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their employment with Defendant, and they provided such information with the

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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understanding that Defendant would safeguard this information and their rights to

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privacy as required by law. Finally, as set forth in greater detail at paragraph 3, infra,

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the disclosure, handling and dissemination of this category of information and

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documents (which will be identified specially as “Confidential Class Contact

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Information” when disclosed by Defendant) are subject to especially strict limitations.

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These limitations reflect the parties’ agreement and legitimate concerns about

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safeguarding these individuals’ private and sensitive contact information, the disclosure

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of which could lead to embarassment.

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As to category (2), the disclosure of payroll and other financial information and

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documents pertaining to Defendant’s current and former employees who may be

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identified as putative class members in this class action lawsuit would cause harm to

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these individuals because it would include information pertaining to those employees

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provided to Defendant with the understanding that Defendant would safeguard their

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rights to privacy in their finances, their income and benefits, as required by law.

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Further, such disclosure would cause harm to Defendant’s competitive business

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position and interests as it would make public and potentially available to Defendant’s

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competitors, Defendant’s payroll, pay rates, benefits information, job classifications

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and current staffing in designated positions and locations for thousands of current and

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former employees.

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As to category (3), the disclosure of non-public documents and/or information

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concerning Defendant’s finances, including financial reports, profit and loss statements,

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and financial projections, would cause harm to Defendant’s competitive business

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position and interests as it would make this non-public financial information public and

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potentially available to Defendant’s competitors and others in the industry. Such

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information and documents are not generally known to the public.

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As to category (4), the disclosure of non-public documents and/or information

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concerning Defendant’s business policies, internal business procedures, and operational

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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practices, would cause harm to Defendant’s competitive business position and interests

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as it would make this non-public information public and potentially available to

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Defendant’s competitors and others in the industry. Such information and documents

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are not generally known to the public.

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As to category (5), the disclosure of non-public documents and/or information

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containing Defendant’s trade secrets, technical and/or proprietary information would

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cause harm to Defendant’s competitive business position and interests as it would make

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this non-public information public and potentially available to Defendant’s competitors

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and others in the industry. Such information and documents are not generally known to

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the public.

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Accordingly, to expedite the flow of information, to facilitate the prompt

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resolution of disputes over confidentiality of discovery materials, to adequately protect

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information the parties are entitled to keep confidential, to ensure that the parties are

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permitted reasonable necessary uses of such material in preparation for and in the

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conduct of trial, to address the handling of such information and documents at the end

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of the litigation, and serve the ends of justice, a protective order for such information is

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justified in this matter. It is the intent of the parties that information will not be

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designated as confidential for tactical reasons and that nothing be so designated without

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a good faith belief that it has been maintained in a confidential, non-public manner, and

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there is good cause why it should not be part of the public record of this case.

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DEFINITIONS AND PROVISIONS

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The following definitions and provisions shall apply to and govern this
Stipulation and Protective Order:
1.

Documents and other discovery information that will be produced by the

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parties pursuant to this Stipulated Protective Order (“Order” or “Protective Order”) may

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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be claimed by the parties to be of a private, confidential or proprietary nature. The

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purpose of this Order is to protect the confidentiality of these documents and

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information.

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2.

All documents and information produced in this case by the parties shall

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be protected from inappropriate disclosure in accordance with the following terms and

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conditions:

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a.

The parties may, in good faith, designate as “Confidential” the

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following documents and other information:

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(1)

Personal and private contact information, including addresses,

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telephone and cell phone numbers, and email addresses for

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Defendant’s current and former employees who may be

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identified as putative class members in this class action

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lawsuit (see further information pertaining to this category of

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documents, infra, at paragraph 3);

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(2)

Payroll and other financial information and documents

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pertaining to Defendant’s current and former employees who

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may be identified as putative class members in this class

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action lawsuit;;

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(3)

Non-public documents and/or information concerning

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Defendant’s finances, including financial reports, profit and

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loss statements, and financial projections;

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(4)

Non-public documents and/or information concerning

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Defendant’s business policies, internal business procedures

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and operational practices; and

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(5)

Non-public documents and information containing

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Defendant’s trade secrets, technical and/or proprietary

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information.

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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b.

All documents and other discovery information produced or

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disclosed by a party and designated “Confidential” shall be used

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solely for the purpose of “this action.” “This action” specifically

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refers to the civil action entitled FIDELINA RANGEL, as an

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individual and on behalf of all others similarly situated, Plaintiff v.

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FOREST RIVER, INC., an Indiana corporation; and DOES 1

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through 100, Defendants, filed in the United States District Court,

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Central District of California, Case No. 5:17-cv-0613 JFW (SSx).

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c.

Except in accordance with the terms of this Order or by further order

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of the Court, the “Receiving Party” (as defined in Paragraph 2(e)

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below) of any documents or information designated as

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“Confidential,” shall not disclose or otherwise make available such

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“Confidential” information to persons other than “Qualified

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Persons” as defined in Paragraph 2(f).

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d.

the documents and/or information as “Confidential.”

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e.

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“Receiving Party” shall mean the party receiving the documents
and/or information designated “Confidential.”

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“Producing Party” shall mean the party producing and designating

f.

“Qualified Person” means:
(1)

A party to this action, an officer, director, employee or partner

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of a party or in-house counsel having direct responsibility for,

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working directly on, or testifying in connection with this

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action;

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(2)

Counsel of record for the parties and the legal assistants and

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regularly-employed office staff of the counsel of record for

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the parties;

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(3)

Persons hired by a party or its attorneys of record to provide

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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document services such as copying, imaging, and indexing of

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documents, to the extent reasonably necessary and who have

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executed a declaration in the form attached hereto as Exhibit

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A;
(4)

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Persons retained by a party or its attorneys of record to assist

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in this action, such as independent accountants, expert

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witnesses, statisticians, economists, consultants, or other

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technical experts and/or consultants, who have executed a

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declaration in the form attached hereto as Exhibit A, which

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signed acknowledgement shall be retained by such party or its

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attorneys;
(5)

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Actual or potential witnesses in this action who are assisting

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counsel in its prosecution or defense or whom counsel must

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advise concerning the status of this action who have executed

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a declaration in the form attached hereto as Exhibit A;

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however, execution of a written declaration is unnecessary if

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the witness is shown only “Confidential” documents and

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materials at a deposition after expressing on the record his or

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her consent to be bound by this Order; and
(6)

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justice, upon such terms as the Court deems proper.

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Any other person designated by the Court in the interest of

g.

Unless prior written consent for further disclosure has been obtained

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from counsel for the parties or permission for such disclosure has

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been given by the Court, each “Qualified Person” with the exception

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of those identified in Paragraphs 2(f)(1), (2) and the latter part of (5)

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above, to whom delivery, exhibition or disclosure of any materials

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designated as “Confidential” is made, shall be provided with a copy

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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of this Order, and shall execute a declaration in the form attached

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hereto as Exhibit A.

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h.

The “Confidential” documents and other information identified

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above in paragraph 2(a)(1)-(5) shall include all originals and

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copies of any document and/or information that any party has

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designated as such by stamping or otherwise marking each page

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“CONFIDENTIAL.” In lieu of marking the original, if the original

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is not produced, the designating party may mark the copies that are

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produced to exchange. “Confidential” information also includes any

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portion of such “Confidential” documents, including any quotation

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from such documents, paraphrasing of such documents, and/or any

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other description which conveys the “Confidential” information

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contained therein. Notwithstanding the foregoing, documents or

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other information produced and not so designated through mistake,

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inadvertence, or for any other reason shall likewise be deemed

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“Confidential.”

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i.

It is not necessary to challenge the propriety of a “Confidential”

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information designation at the time made, and a failure to do so shall

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not preclude a subsequent challenge to such a designation.

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(1)

In the event that counsel objects at any stage of this litigation

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to the propriety of a designation by a party of any documents

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or information as “Confidential,” the parties shall comply

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with all procedures as set forth in Local Rules – Central

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District (“L.R.”) Rules 37-1 through 37-4 with regard to

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such dispute.

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(2)

If the parties cannot resolve the dispute through the meet and
confer process set forth in L.R. 37-1, both parties agree that

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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until the matter is heard and decided by the Court, any

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documents designated “Confidential” shall remain subject to

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the restrictions of this Order.
(3)

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If a dispute occurs over the designation, both parties agree not

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to disclose the information except in accordance with this

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Order until the Court rules on the “Confidential” status of the

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information.

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j.

“Confidential” information subject to this Order may be used in the
deposition of the parties. Counsel for the “Producing Party” may

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request that examination of the parties on “Confidential”

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information be separately transcribed and sealed in accordance with

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the mutual agreement of the parties. In the event that counsel for the

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Receiving Party objects to having the examination on “Confidential”

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information separately transcribed and sealed, the parties shall first

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try to resolve such dispute in good faith on an informal basis. If the

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parties are still unable to resolve the dispute, the matter shall be

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submitted to the Court as set forth in L.R. 37. Until the matter is

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heard and decided by the Court, any portion of a transcript

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designated “Confidential” shall remain subject to the restrictions of

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this Order.

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k.

“Confidential” information subject to this Order may be used in the

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preparation for and the deposition of non-party witnesses when such

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witnesses may be deemed “Qualified Persons.” Non-party

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witnesses are “Qualified Persons” if the provisions of this paragraph

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are met:

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(1)

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If the non-party witness is voluntarily produced for the
deposition by the “Producing Party” of the “Confidential”

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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information, the “Producing Party” is responsible for

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obtaining the witness’s signature on the form attached hereto

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as Exhibit A.

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(2)

If the non-party witness is voluntarily produced for the

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deposition by the “Receiving Party” of the “Confidential”

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information, the “Receiving Party” is responsible for

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obtaining the witness’s signature on the form attached hereto

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as Exhibit A.

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(3)

If the non-party witness is subpoenaed for his/her deposition

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by either party and the “Receiving Party” intends to disclose

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“Confidential” information to the witness prior to the taking

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of the deposition, the “Receiving Party” is responsible for

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obtaining the witness’s signature on the form attached hereto

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as Exhibit A and providing the “Producing Party” with the

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copy of that form at the time of the deposition. Otherwise,

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the party who has subpoenaed the witness is responsible for

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obtaining the witness’s signature on the form attached hereto

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as Exhibit A at the time of the deposition.

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(4)

In lieu of signing Exhibit A, a non-party witness may

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acknowledge reviewing this Order and agreeing to its terms

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on the record during his or her deposition. If the non-party

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witness does not agree to sign Exhibit A or affirm its terms on

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the record, the non-party witness may be shown the court

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reporter’s or counsel’s copy of the “Confidential” information

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for purpose of questioning only. The non-party witness will

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not be permitted to take possession of a copy of any of the

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“Confidential” information.

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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(5)

Objections to disclosure of “Confidential” information to a

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non-party witness shall be made promptly upon receipt of a

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notice of taking of deposition or as soon as the “Producing

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Party” is made aware of the “Responding Party’s” intent to

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disclose “Confidential” information to such witness. To the

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extent possible and practicable, the parties shall meet and

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confer to resolve the dispute prior to the commencement of

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the deposition. The objecting party shall seek an order from

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the Court pursuant to L.R. 37 if the dispute is not resolved

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and the deposition shall be held in abeyance pending the

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Court’s ruling. The “Receiving Party” agrees not to disclose

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the “Confidential” information until after the dispute is

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resolved.

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(6)

Counsel for either party may request that the deposition

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testimony be separately transcribed and sealed during the

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examination of “Confidential” information. In the event that

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counsel for the Receiving Party objects to having the

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examination on “Confidential” information separately

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transcribed and sealed, the parties shall first try to resolve

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such dispute in good faith on an informal basis. If the parties

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are still unable to resolve the dispute, the matter shall be

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submitted to the Court pursuant to L.R. 37. Until the matter is

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heard and decided by the Court, any portion of a transcript

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designated “Confidential” shall remain subject to the

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restrictions of this Order.

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(7)

Any deposition or production of documents that will or might
reasonably include disclosure of “Confidential” information

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

1

shall be attended only by those persons entitled to receive

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“Confidential” information under this Order. “Confidential”

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information shall not be disclosed to a deposition witness

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except in conformity with this Order. Information not

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previously designated as “Confidential” that is disclosed at a

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deposition may be designated by any party as “Confidential”

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information by indicating on the record at the deposition that

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the testimony or information is “Confidential” and subject to

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the provisions of this Order.

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l.

“Confidential” information shall not be disclosed or made available

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by the “Receiving Party” to persons other than “Qualified Persons”

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and the Court and its staff without further order of the Court except

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as otherwise provided in this paragraph. Disclosure of any

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“Confidential” information to any “Qualified Person” shall not

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constitute a waiver of the confidential status of such “Confidential”

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information. Before disclosing any information designated

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“Confidential” to anyone other than “Qualified Persons,” the

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“Receiving Party” must serve prior notice of the identity of that

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person and the information to be disclosed on the “Producing

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Party,” as provided by this Order.

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m.

Where notice is required prior to disclosure of “Confidential”

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information (as described in the preceding paragraph), the disclosing

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party shall provide at least three (3) days’ advance notice, in

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addition to statutory notice requirements, to allow objection by the

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“Producing Party.” If objection is made, the parties shall meet and

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confer, and if unable to resolve the dispute, may submit the dispute

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to the Court for resolution in accordance with L.R. 37. When an

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

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objection is made, no disclosure is permitted until the dispute is

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resolved or by the Court’s order.

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n.

In the event that a party seeks to file with the Court any transcripts,

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depositions, exhibits, answers to interrogatories, and other

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documents and things which contain “Confidential” information as

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defined above, or any pleading or memorandum purporting to

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reproduce or paraphrase such information, such filing party shall

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comply with the procedures and standards set forth in L.R. 79-5 and

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seek the Court’s approval (see L.R. 79-5.2.2) to file such documents
UNDER SEAL.

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o.

If any party objects to disclosure of “Confidential” information to be

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made during the course of the trial of this matter, that party shall

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make a good faith effort to resolve the issue by meeting and

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conferring on the terms of disclosure, and if the parties are unable to

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agree, the matter shall be submitted to the Court for resolution.

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p.

Nothing in this Order, nor any action taken in compliance with it,

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shall:

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(1)

Operate as an admission by the parties that any particular

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document, discovery material, deposition transcript, or

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discovery response is or is not confidential; or
(2)

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Prejudice in any way the right of any party to seek a

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determination by the Court whether any particular document

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or other information should or should not be disclosed, or if

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disclosed, whether it should remain subject to the terms of

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this Order.

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q.

Upon final termination of this action, entitled FIDELINA
RANGEL, as an individual and on behalf of all others similarly

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STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

1

situated, Plaintiff v. FOREST RIVER, INC., an Indiana

2

corporation; and DOES 1 through 100, Defendants, filed in the

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United States District Court, Central District of California, Case No.

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5:17-cv-0613 JFW (SSx), by closure or otherwise, originals and

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copies of all materials and documents, in whatever form,

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constituting or including “Confidential” information shall be

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returned to the “Producing Party” upon notice and request of the

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“Producing Party.” Alternatively, at the time of such final

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termination of this action, the parties may agree to destruction of
such “Confidential” information.

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r.

The undersigned counsel shall have the duty to use reasonable care

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and precautions to ensure that any person under their control or the

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control of their client who is designated as a “Qualified Person”

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observes the terms of this Order.

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s.

The restrictions set forth in any of the preceding paragraphs shall

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not apply to information that: (a) was, is, or becomes public

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knowledge in a manner not in violation of this Order; (b) was or is

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acquired in good faith from a third party not a party to this litigation,

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having the right to disclose such information; or (c) was or is

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discovered independently by the “Receiving Party.”

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t.

Sanctions may be imposed on any individual granted access to

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“Confidential” information under this Order who uses such

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“Confidential” information for any purpose other than in connection

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with this action or in any manner which otherwise violates the terms

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of this Order.

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u.

“Confidential” information that is proprietary in nature, or
information, the disclosure of which could subject the “Producing

15
STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

1

Party” to a potential loss of business advantage, shall not be

2

disclosed to any person or entity that is in business competition with

3

the “Producing Party” except by the Court’s order, including those

4

persons who meet the definition of a “Qualified Person.”

5

3.

As a special category of “Confidential” documents and information to be

6

protected by this Stipulated Protective Order, Defendant may produce to Plaintiff’s

7

attorneys of record the private contact information for putative class members, set forth

8

in paragraph (2)(a)(1) above, which will be designated by Defendant as “Confidential

9

Class Contact Information.” Such “Confidential Class Contact Information” shall be

10

specially protected from inappropriate disclosure in accordance with the following

11

terms and conditions:

12

a.

All documents and information produced by Defendant to Plaintiff’s

13

counsel and designated by Defendant as “Confidential Class Contact

14

Information” (see paragraph 2(a)(1), supra), including all

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information learned from any putative class member contacted by

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Plaintiff’s counsel or counsel’s representatives (as identified below

17

in subsection (3)(b)(1)) by using such “Confidential Class Contact

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Information” produced by Defendant’s counsel, shall be used solely

19

for the purpose of this action and may not be used for any other

20

purpose outside of this action, entitled FIDELINA RANGEL, as an

21

individual and on behalf of all others similarly situated, Plaintiff v.

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FOREST RIVER, INC., an Indiana corporation; and DOES 1

23

through 100, Defendants, filed in the United States District Court,

24

Central District of California, Case No. 5:17-cv-0613 JFW (SSx).

25

b.

Access to and/or disclosure of the private contact information

26

designated as “Confidential Class Contact Information” shall be

27

permitted only to the persons listed below in subsections (b)(1)-(4),

28

16
STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

1

and may not be disseminated to any third party under any

2

circumstances, except in accordance with this Order or by further

3

order of the Court. Plaintiff’s counsel of record shall not disclose or

4

otherwise make available the documents or private contact

5

information contained in documents designated as “Confidential

6

Class Contact Information” to any persons other than:

7

(1)

Plaintiff’s attorneys of recording in “this action” and their
affiliated paralegals, clerical and secretarial staff;

8

(2)

9

The Court, including its staff, court reporters, and persons

10

operating video recording equipment during court

11

proceedings;
(3)

12

writing and in advance of any such disclosure; and

13

(4)

14

Any other person designated by the Court in the interest of
justice, upon such terms as the Court deems proper.

15
16

Any other person that Defendant’s counsel agrees to in

c.

Documents and information designated as “Confidential Class

17

Contact Information” shall include all originals and copies of any

18

document and/or information that Defendant has designated as such

19

by stamping or otherwise marking each page “CONFIDENTIAL

20

CLASS CONTACT INFORMATION.” In lieu of marking the

21

original, if the original is not produced, Defendant may mark the

22

copies that are produced to Plaintiff’s counsel. “Confidential Class

23

Contact Information” information also includes any portion of such

24

“Confidential Class Contact Information” documents, including any

25

quotation from such documents, paraphrasing of such documents,

26

and/or any other description which conveys the “Confidential Class

27

Contact Information” contained therein. Notwithstanding the

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17
STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

1

foregoing, documents or other information containing the private

2

contact information for putative class members produced by

3

Defendant to Plaintiff’s counsel of record and not so designated by

4

Defendant through mistake, inadvertence, or for any other reason

5

shall likewise be deemed “Confidential Class Contact Information”.

6

d.

With regard to Plaintiff’s counsel’s contacting of any putative class

7

member identified in the documents designated as “Confidential

8

Class Contact Information”, upon making contact Plaintiff’s counsel

9

shall inform each such individual that he or she has the right not to

10

talk to counsel and that if that right is exercised, counsel will

11

immediately terminate the contact and will not re-contact the

12

individual. Further, Plaintiff’s counsel will keep a written record

13

listing all putative class members contacted using the “Confidential

14

Class Contact Information” and will keep a written record of all

15

individuals who exercised their right not to talk to counsel. Such

16

records will be preserved by Plaintiff’s counsel so that they may be

17

filed with the Court upon request.

18

e.

In the event that Plaintiff’s counsel objects to the propriety of a

19

designation of information as “Confidential Class Contact

20

Information”, the parties shall first try to resolve such dispute in

21

good faith on an informal basis. If the parties are still unable to

22

resolve the dispute, the matter shall be submitted to the Court as set

23

forth in L.R. 37. Until the matter is heard and decided by the Court,

24

any documents designated “Confidential Class Contact Information”

25

shall remain subject to the restrictions of this Order, and Plaintiff

26

agrees not to disclose the information except in accordance with this

27
28

18
STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

1

Order until the Court rules on the “Confidential Class Contact

2

Information” status of the information.
f.

3

Upon the final resolution of “this action”, Plaintiff’s counsel agrees

4

to destroy all documents designated as “Confidential Class Contact

5

Information”, including all documents and copies containing such

6

“Confidential Class Contact Information”, and to provide written

7

certification to Defendant’s counsel that all such documents and

8

copies have been destroyed.
g.

9

Sanctions may be imposed on any individual who is granted access

10

to “Confidential Class Contact Information” under this Order who

11

uses such “Confidential Class Contact Information” for any purpose

12

other than in connection with “this action” or in any manner which

13

otherwise violates the terms of this Order.

14

4.

Nothing in this Order shall be deemed to impair the parties’ right to object

15

to the production of documents or information on any ground, including but not limited

16

to an objection that the documents or information sought are privileged or otherwise

17

protected from disclosure, or to demand more stringent restrictions for the treatment or

18

disclosure of any documents or discovery information on any ground.

19
20
21

5.

All parties who subsequently appear in “this action” will be subject to this

Order.
6.

After the termination of this action, the Court shall retain jurisdiction to

22

issue any further orders to enforce the Order and preserve the confidentiality of all

23

documents and information designated as “Confidential” and/or “Confidential Class

24

Contact” information. Termination of the proceedings herein shall not relieve any

25

person from the obligations of this Order, unless the Court orders otherwise.

26
27
28

7.

This Order may be executed in counterparts and, as executed, shall

constitute one Order binding on all the parties hereto, even if all the parties are not
19
STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

1
2

signatories to the original or the same counterparts.
8.

The parties intend for this Stipulation and Protective Order to be binding

3

and enforceable against them beginning at the time it is executed by their counsel even

4

though it may not yet be ordered by the Court.

5
6

IT IS SO STIPULATED.

7

Dated: June 30, 2017
8

PACIFIC EMPLOYMENT LAW LLP

9

By: /s/ Noah Levin
Noah Levin
Attorneys for Defendant
FOREST RIVER, INC.

10
11
12
13

Dated: June 30, 2017

HAINES LAW GROUP, APC

14
15
16
17

By: /s/ Fletcher W. Schmidt
Fletcher W. Schmidt
Attorneys for Plaintiff
FIDELINA RANGEL

18
19
20
21
22
23
24
25
26
27
28

20
STIPULATED PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION
[DISCOVERY DOCUMENT: REFERRED TO MAGISTRATE JUDGE SUZANNE H. SEGAL]
Case No. 5:17-cv-0613 JFW (SSx)

1

EXHIBIT A

2

CERTIFICATION RE DOCUMENTS AND INFORMATION

3

DESIGNATED AS “CONFIDENTIAL”

4

I hereby acknowledge that I,

5

___________________________________[NAME], ___________________________

6

_______________________________ [POSITION AND EMPLOYER], am about to

7

receive Confidential Documents and/or Information supplied in connection with this

8

civil action entitled FIDELINA RANGEL, as an individual and on behalf of all

9

others similarly situated, Plaintiff v. FOREST RIVER, INC., an Indiana corporation;

10

and DOES 1 through 100, Defendants, filed on February 2, 2017 in the United States

11

District Court, Central District of California, Case No. 5:17-cv-0613 JFW (SSx). I

12

acknowledge the jurisdiction of the Court, and agree to be bound by the jurisdiction of

13

the Court.

14

I certify that I understand that the “Confidential” documents and/or information

15

are provided to me subject to the terms and restrictions of the Stipulation and Protective

16

Order filed in this Proceeding. I have been given a copy of the Stipulation and

17

Protective Order, which I have read, and I agree to be bound by its terms.

18

I understand that “Confidential” documents and/or information, as defined in the

19

Stipulation and Protective Order, including any notes or other records that may be made

20

regarding any such materials, shall not be disclosed to anyone except as expressly

21

permitted by the Stipulation and Protective Order. I will not copy or use, except solely

22

for the purposes of this Proceeding, any “Confidential” documents and/or information

23

obtained pursuant to this Protective Order, except as provided therein or otherwise

24

ordered by the Court in this action.

25

I further understand that I am to retain all copies of all “Confidential” documents

26

provided to me in this action in a secure manner, which are to remain in my personal

27

custody until termination of my participation in this action, whereupon such copies will

28

be returned to counsel who provided me with such materials.
1
EXHIBIT A
Case No. 5:17-cv-0613 JFW (SSx)

1

I declare under penalty of perjury, under the laws of the United States of

2

America, that the foregoing is true and correct. Executed this _____ day of ________,

3

20__, at __________________.

4
5
6
7
8

Signature
Title
Address

9
10
11

City, State, Zip
Telephone Number

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
EXHIBIT A
Case No. 5:17-cv-0613 JFW (SSx)