Maureen Hunt v. Cass Information Systems, Inc. et al

Filing 28

PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order 24 (See Order for details) (rh)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 MAUREEN HUNT, Assigned Judge: Hon. Stephen V. Wilson Plaintiff, 13 14 Case No. 17-cv-00773-SVW-KS v. CASS INFORMATION SYSTEMS, INC., and DOES 1 through 50, 16 inclusive, 15 17 Defendants. 18 Magistrate Judge: Hon. Karen L. Stevenson STIPULATED PROTECTIVE ORDER Action Filed: Trial Date: April 21, 2017 November 7, 2017 19 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based 20 on the parties’ Stipulated Protective Order and Proposed Order (“Stipulation”) 21 filed on July 28, 2017, the terms of the protective order to which the parties 22 have agreed are adopted as a protective order of this Court (which generally 23 shall govern the pretrial phase of this action) except to the extent, as set forth 24 below, that those terms have been modified by the Court’s omission of 25 paragraph 15 and amendment of paragraphs 3(b)(v), 5, and 13 of, and Exhibit 26 A to, the Stipulation. 27 28 Case No. 17-cv-00773-SVW-KS STIPULATED PROTECTIVE ORDER 1 AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED AND 2 MODIFIED BY THE COURT1 3 This Stipulation and Protective Order shall be applicable to and shall apply to 4 5 the production and exchange of all document requests and documents, interrogatories 6 and answers to interrogatories, depositions, request for admissions, and responses to 7 requests for admissions, exhibits, and pleadings and all other information exchanged 8 and furnished in this Action by the Parties that the parties customarily treat as 9 confidential, proprietary, and/or a trade secret as defined by applicable law, 10 including, without limitation, California Civil Code Section 3426.1. GOOD CAUSE STATEMENT 11 This action is likely to involve trade secrets, customer and pricing lists and other 12 13 valuable research, development, commercial, financial, technical and/or proprietary 14 information for which special protection from public disclosure and from use for any 15 purpose other than prosecution of this action is warranted. Such confidential and 16 proprietary materials and information consist of, among other things, confidential 17 business or financial information, information regarding confidential business 18 practices, or other confidential research, development, or commercial information 19 (including information implicating privacy rights of third parties), information 20 otherwise generally unavailable to the public, or which may be privileged or 21 otherwise protected from disclosure under state or federal statutes, court rules, case 22 decisions, or common law. Accordingly, to expedite the flow of information, to 23 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 24 to adequately protect information the parties are entitled to keep confidential, to 25 ensure that the parties are permitted reasonable necessary uses of such material in 26 preparation for and in the conduct of trial, to address their handling at the end of the 27 28 1 The Court’s additions to the agreed terms of the Protective Order are generally indicated in bold typeface, and the Court’s deletions are indicated by lines through the text being deleted. Case No. 17-cv-00773-SVW-KS STIPULATED PROTECTIVE ORDER 1 litigation, and serve the ends of justice, a protective order for such information is 2 justified in this matter. It is the intent of the parties that information will not be 3 designated as confidential for tactical reasons and that nothing be so designated 4 without a good faith belief that it has been maintained in a confidential, non-public 5 manner, and there is good cause why it should not be part of the public record of this 6 case. 7 1. SCOPE 8 (a) The parties acknowledge that discovery may require disclosure of 9 information that is private and personal or confidential and proprietary, specifically 10 personnel records, personnel policies, employment offers, competitive analyses, 11 income statements, employee, client, or customer personal information (including, 12 but not limited to medical, age, and contact information), medical records, and 13 financial records and statements, along with other trade secret information as defined 14 by applicable law. As a result, the parties agree to enter into a Protective Order on 15 the following terms to ensure the continuing confidentiality of such information. 16 The parties further acknowledge that this Order does not confer blanket protections 17 on all disclosures or responses to discovery and that the protection it affords extends 18 only to the limited information or items that are entitled under the applicable legal 19 principles to treatment as confidential. 20 (b) This Protective Order shall limit the use or disclosure of documents, 21 deposition testimony, and related information which are or which embody or 22 disclose any information falling with the scope of Paragraph (1)(a) and designated 23 hereunder as “Confidential,” and shall apply to: 24 (i) All such documents, including those produced by third parties, 25 designated as “Confidential” in accordance with the terms of this Protective Order 26 and the applicable legal standards; 27 28 (ii) Portions of deposition testimony and transcripts and exhibits 1 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS 1 thereto which include, refer or relate to any Confidential Information; (iii) 2 All information, copies, extracts and complete or partial 3 summaries prepared or derived from Confidential Information; and (iv) 4 Portions of briefs, memoranda or any writing filed with or 5 otherwise supplied to the Court, which include or refer to any such Confidential 6 Information. 7 (c) Any person designating documents, testimony, or other information as 8 “Confidential” hereunder asserts that he or she believes in good faith that such 9 material is Confidential Information which falls within the scope of Section (1)(a) 10 and is not otherwise available to the public generally. Each party or non-party that 11 designates information or items for protection under this Order must take care to 12 limit any such designation to specific material that qualifies under the appropriate 13 standards. A Designating Party must take care to designate for protection only those 14 parts of material, documents, items, or oral or written communications that qualify so 15 that other portions of the material, documents, items, or communications for which 16 protection is not warranted are not swept unjustifiably within the ambit of this Order. 17 2. DESIGNATION OF DOCUMENTS AND DEPOSITIONS 18 (a) Designation of a document as “Confidential” shall be made by stamping 19 or writing CONFIDENTIAL on the document(s). Alternatively, the parties may 20 designate documents as “Confidential” by producing the documents with a letter 21 designating the documents by Bates number as “Confidential.” The parties shall 22 make all reasonable effort to designate as “Confidential” only those documents that 23 they reasonably believe constitute personnel records, personnel policies, employment 24 offers, competitive analyses, income statements, employee, client or customer 25 personal information, medical records, financial records and statements, and trade 26 secret information as defined by applicable law. The failure to designate documents 27 as “Confidential” at the time of production shall not constitute a waiver of the 28 2 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS 1 protection of this Order and any party may, at any time up to 30 days before the date 2 of discovery cut-off in this action, designate any documents or information produced 3 as “Confidential” that have not as yet been so designated. Stamping the legend 4 “Confidential” on the cover of any multi-page document shall designate all pages of 5 the document as confidential, unless otherwise indicated by the Designating Party, 6 but only if the entire document is produced in a bound or otherwise intact manner. 7 (b) Designation of a deposition or other pretrial testimony, or portions 8 thereof, as “Confidential” shall be made by a statement on the record by counsel for 9 the party or other person making the claim of confidentiality at the time of such 10 testimony. The portions of depositions so designated as “Confidential” shall be 11 taken only in the presence of persons qualified to receive such information pursuant 12 to the terms of this Protective Order: the parties and their attorneys and staff, the 13 court reporter, videographer, the deponent, and the deponent’s attorney. Failure of 14 any other person to comply with a request to leave the deposition room will 15 constitute sufficient justification for the witness to refuse to answer any question 16 calling for disclosure of Confidential Information so long as persons are in 17 attendance who are not entitled by this Protective Order to have access to such 18 information. 19 Confidential Information, instruct the court reporter to segregate such portions of the 20 deposition in a separate transcript designated as “Confidential.” Portions of such 21 deposition transcripts shall be clearly marked as “Confidential” on the cover or on 22 each page, as appropriate. 23 24 (c) The parties may, but need not in order to designate material as Any party may designate documents produced or portions of depositions taken as containing Confidential Information even if not initially marked 25 as “Confidential” in accordance with the terms of this Protective Order by so 26 advising counsel for each other party in writing and by reproducing said documents 27 with the required confidential designation. 28 Thereafter, each such document or 3 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS 1 transcript shall be treated in accordance with the terms of this Protective Order; 2 provided, however, that there shall be no liability for any disclosure or use of such 3 documents or transcripts, or the Confidential Information contained therein, which 4 occurred prior to actual receipt of such written notice. Any person who receives 5 actual notice of any such designation of previously produced documents or 6 deposition transcripts as containing Confidential Information shall thereafter treat 7 such information as if it had been designated as “Confidential” at the time he, she, or 8 it first received it in connection with this matter. 9 (d) Inadvertent failure to designate Confidential Information shall not be 10 construed as a waiver, in whole or in part, and may be corrected by the producing 11 party by designating documents produced or portions of depositions taken as 12 containing Confidential Information, even if not initially marked as “Confidential,” 13 in accordance with the terms of this Protective Order and, specifically, Paragraph 14 2(c) above. 15 3. INFORMATION 16 17 LIMITATIONS ON DISCLOSURE OF CONFIDENTIAL (a) No Confidential Information shall be disclosed by anyone receiving 18 such information to anyone other than those persons designated herein. In no event 19 shall Confidential Information be used, either directly or indirectly, by anyone 20 receiving such information for any business, commercial or competitive purpose or 21 for any purpose whatsoever other than the direct furtherance of the litigation of this 22 action in accordance with the provisions of this Protective Order. 23 (b) Confidential Information shall not be disclosed by any person who has 24 received such information through discovery in this action to any other person, 25 except to: 26 (i) The parties; 27 (ii) Attorneys of record for the parties and their firms’ associates, 28 4 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS 1 clerks and other employees involved in the conduct of this litigation, and any court 2 reporters, videographers, or interpreters engaged to assist the parties in discovery; 3 (iii) CIS, its subsidiaries’, or its affiliates’ in-house counsel; 4 (iv) Non-party experts and consultants engaged by counsel for the 5 purpose of preparing or assisting in this litigation, and those experts’ respective 6 clerks and employees involved in assisting them in this litigation, to the extent 7 deemed necessary by counsel; (v) 8 9 10 The Court, its officers and personnel, Court reporters and similar personnel, provided further that Confidential Information lodged with the Court under seal is subject to further evaluation by the Court; (vi) 11 Any person as to which it is apparent from the face of a document 12 was either an author, recipient, had knowledge of the contents therein, or was 13 otherwise entitled to view the Confidential Information prior to the intended 14 disclosure in this action; and 15 (vii) Any other potential witnesses whose testimony may be used in 16 connection with the present case who has complied with Paragraph 3(c) immediately 17 below. (viii) Any mediator or other third-party neutral the parties agree to use. 18 19 (c) Before any person described in Paragraphs 3(b)(iv) and (vii) receives or 20 is shown any document or information which has been designated as Confidential, 21 such person shall be given a copy of this Protective Order and shall agree in writing, 22 in the form of the Acknowledgment and Agreement attached hereto as Exhibit A, to 23 be bound by the terms hereof. The original of each such Acknowledgment and 24 Agreement shall be maintained by counsel and, if a witness appears at deposition or 25 at trial and represents that he or she previously executed an Acknowledgment, it 26 shall be produced for inspection by opposing counsel upon request. Any counsel 27 may require the other counsel to provide a copy of the Acknowledgment and 28 5 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS 1 Agreement signed by a witness at a deposition before the witness is deposed with 2 regard to any Confidential Information. 3 4 (d) Nothing in this Protective Order shall be construed to require execution of the written Acknowledgment and Agreement referred to in Paragraph 3(c) above, 5 or to prevent disclosure of Confidential Information, by the party producing and 6 7 designating such Confidential Information, or by any employee of such party. (e) The substance or content of Confidential Information, as well as all 8 notes and memoranda relating thereto, shall not be disclosed to anyone other than as 9 set forth in Paragraphs 3(b)(i)-(viii) above. 10 4. FILING DOCUMENTS UNDER SEAL 11 (a) If a Party wishes to submit a document to the Court which the other 12 Party has designated as Confidential or which contains Confidential Information and 13 which has not been successfully challenged under Paragraph 5 below, the submitting 14 Party shall comply with all applicable provisions of Local Rule 79-5, including, 15 without limitation, Local Rule 79-5.2.2. Any such motion or application related to 16 the filing of any document with the Court which the other Party has designated as 17 Confidential or which contains Confidential Information and which has not been 18 successfully challenged under Paragraph 5 below must comply with the procedures 19 set forth in Local Rule 79-5 and must also comply with Federal Rule of Civil 20 Procedure 26(c). 21 (b) Any party requesting that a record be filed under seal must comply with 22 Local Rule 79-5. The Parties agree and recognize that Confidential Information or 23 any paper containing Confidential Information cannot be filed under seal based 24 solely upon this stipulated Protective Order. 25 5. 26 Any party that wishes to challenge the designation of a document or other 27 information as “Confidential” may do so at any time that is consistent with the 28 CHALLENGE TO CONFIDENTIALITY DESIGNATION 6 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS 1 Court’s Scheduling Order. The Designating Party may, for good cause shown, bring 2 a motion before the Court requesting that the Court confirm the designation of any 3 document or information as “Confidential.” The party asserting the designation as 4 “Confidential” shall have the burden of establishing good cause for the designation. 5 However, the Court shall be authorized retains discretion to award the moving party 6 attorneys’ fees as a sanction if the challenge to the “Confidential” designation was 7 made in bad faith or was frivolous. The interested parties or other persons shall 8 attempt to resolve such disagreements before submitting them to the Court pursuant 9 to Local Rule 37-1. Pending resolution of any dispute concerning such designation, 10 all parties and persons governed by this Protective Order shall treat all documents 11 and information previously designated as “Confidential” as protected from further 12 disclosure by this Protective Order. 13 6. SURVIVAL OF ORDER - RETURN OF DOCUMENTS 14 (a) The provisions of this Order shall continue in effect until otherwise 15 ordered by the Court, or after notice and an opportunity to be heard is afforded to the 16 parties to this action. The final determination or settlement of this action shall not 17 relieve any person who has received Confidential Information or agreed to be bound 18 by the terms of this Protective Order of his, her, or its obligations under this 19 stipulation and Order. 20 determination or settlement to enforce the provisions of this Order. 21 completion of the litigation, all documents (including copies of documents) 22 containing Confidential Information shall be destroyed or returned to counsel for the 23 producing party, except that (a) documents on which any person has made notations 24 may be destroyed and not returned, and (b) the parties’ respective attorneys of record 25 may retain one copy of each such document for use in connection with any disputes 26 which may arise under the Court’s retention of jurisdiction as provided for herein. 27 Within ninety days (90) of the conclusion of this litigation, the attorneys for the 28 The Court shall retain jurisdiction after such final 7 STIPULATED PROTECTIVE ORDER Upon Case No. 17-cv-00773-SVW-KS 1 receiving party shall provide the attorneys for the producing party a certificate 2 representing that such return or destruction was made. 3 (b) Except as provided in Paragraphs 4 or 6 hereof, documents or things 4 containing the other party’s Confidential Information shall at all times be in the 5 physical possession of those persons qualifying under Paragraph 3 hereunder, or kept 6 by counsel of record at the premises regularly maintained by such counsel of record 7 as and for their respective law offices. 8 7. USE OF DOCUMENTS AT TRIAL 9 This Stipulation and Protective Order, except as provided in Paragraph 4, shall 10 not apply to information designated or marked Confidential hereunder which is used 11 at any evidentiary hearing or trial in this action. The parties hereby reserve their 12 rights to use, or seek to limit the disclosure of, confidential information at any such 13 hearing or trial. 14 8. 15 Nothing in this Protective Order shall limit the use by any party, person or 16 entity of his, her, or its own document or information for legitimate business 17 purposes unrelated to this litigation, even if such documents or information have 18 been designated as “Confidential.” USE OF OWN DOCUMENTS BY PRODUCING PARTY 19 9. APPLICATIONS TO COURT 20 (a) This Protective Order shall not preclude or limit any party’s right to 21 oppose or object to discovery on any ground which would be otherwise available. 22 This Protective Order shall not preclude or limit any party’s right to seek in camera 23 review or to seek further and additional protection against or limitation upon 24 production or dissemination of information produced in response to discovery, 25 including documents and their contents. 26 27 28 (b) Any person to or by whom disclosure or inspection is made in violation of this Protective Order, and who has knowledge of this Protective Order, shall be 8 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS 1 2 bound by the terms hereof. (c) The parties hereto, and all other persons who receive Confidential 3 Information pursuant hereto, agree that any party or other person injured by a 4 violation of this Order does not have an adequate remedy at law and that an 5 injunction against such violation is an appropriate remedy. In the event any person 6 shall violate or threaten to violate any terms of this Order, the parties agree that the 7 aggrieved party may immediately apply to obtain injunctive relief against any such 8 person. In the event the aggrieved party shall do so, the responding person subject to 9 the provisions of this Order shall not employ as a defense thereto the claim that the 10 aggrieved party has an adequate remedy at law. Any persons subject to the terms of 11 this Order agree that the Court shall retain jurisdiction over it and them for the 12 purposes of enforcing this Order, including but not limited to issuing an injunction. 13 In addition to injunctive relief, as specified herein, the Court may impose monetary 14 and/or issue sanctions, as well as other relief deemed appropriate under the 15 circumstances for a violation of this Protective Order. 16 (d) If any deponent required under the terms of this Protective Order to 17 execute the written Acknowledgment and Agreement described in Paragraph 3(c) 18 above refuses to do so, the parties may complete the deposition on other matters 19 and/or adjourn it and move the Court for any appropriate relief, including (without 20 limitation) relief from this Protective Order as to that deponent, or an order that the 21 deponent shall execute the written agreement described in Paragraph 3(c) above, or 22 an order that deponent shall be bound by the terms of this Protective Order. Any 23 non-party whose Confidential Information is the subject of such a motion shall be 24 given notice thereof. 25 10. 26 The parties hereto and their respective attorneys of record agree that, when one 27 party’s attorney requests a deponent to sign the written Acknowledgment and 28 AGREEMENT TO COOPERATE 9 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS 1 Agreement described in Paragraph 3(c) above, the other party’s attorney will join in 2 such request, unless that attorney has a good faith basis for refusing to join in such a 3 request; provided, however, that this requirement shall not apply with respect to any 4 deponent who is represented at his or her deposition by an attorney of record for any 5 party hereto (including any member or associate of their respective law firms). An 6 attorney’s request to sign such Acknowledgment pursuant to this Paragraph shall not 7 be construed to constitute legal advice to the deponent, but shall and may be stated to 8 be simply a request to facilitate discovery in this action. 9 11. NO ADMISSIONS 10 Neither entering into this Stipulation for Protective Order, nor receiving any 11 documents or other information designated as “Confidential” shall be construed as an 12 agreement or admission: (1) that any document or information designated as 13 “Confidential” is in fact Confidential Information; (2) as to the correctness or truth of 14 any allegation made or position taken relative to any matter designated as 15 “Confidential”; or (3) as to the authenticity, competency, relevancy or materiality of 16 any information or document designated as “Confidential.” 17 18 12. NO WAIVER OF PRIVILEGES OR OBJECTIONS TO ADMISSIBILITY 19 Nothing in this Protective Order shall be construed as requiring disclosure of 20 Confidential Information, including, but not limited to, materials subject to 21 protection under the attorney-client privilege and/or attorney work product doctrine, 22 the trade secrets privilege, or under any other applicable privileges or rights of 23 privacy, or requiring disclosure of Confidential Information that is otherwise beyond 24 the scope of permissible discovery. Further, nothing in this Protective Order shall be 25 construed as a waiver by a party of any objections that might be raised as to the 26 admissibility at trial of any evidentiary materials. 27 28 10 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS 1 13. DISCLOSURE IN VIOLATION OF ORDER 2 If any Confidential Information is disclosed to any person other than in the 3 manner authorized by this Protective Order, the party responsible for the disclosure 4 must immediately, in writing, notify the opposing party and the Designating Party of 5 all pertinent facts relating to such disclosure, and without prejudice to the rights and 6 remedies of the Designating Party, make every effort to prevent further unauthorized 7 disclosure. Nothing in this Order shall be construed as authorizing a party to disobey 8 a subpoena in another action. However, if a party receives a subpoena, or other 9 official request, for Confidential Information, it shall immediately notify the 10 Designating Party to enable the Designating Party to take appropriate action. 11 Nothing in this Protective Order should be construed as authorizing a Receiving 12 Party in this action to disobey a lawful directive from another court. 13 14. MODIFICATION - FURTHER AGREEMENTS 14 Nothing contained herein shall preclude any party from seeking from a Court 15 modification, or relief from any aspect, of this Stipulated Protective Order upon 16 proper notice, nor shall anything contained herein be construed as to preclude the 17 parties from entering into other written agreements designed to protect Confidential 18 Information. 19 15. 20 This Stipulation for Protective Order may be executed in counterparts, each of 21 which shall be deemed an original and which together shall constitute one 22 instrument. 23 COUNTERPARTS FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 25 26 27 28 DATED: August 8, 2017 KAREN L. STEVENSON UNITED STATES MAGISTRATE JUDGE 11 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS 1 2 EXHIBIT A - ACKNOWLEDGEMENT AND AGREEMENT FOR PROTECTIVE ORDER 3 I, ________________________________________, hereby certify that: 4 1. My present address is _____________________________. 5 2. My present employer is ___________________________. 6 3. My present occupation or job description is _____________________. 7 4. I have received a copy of the Protective Order in Maureen Hunt v. 8 Cass Information Systems, Inc. et al, EDCV 17-773-SVW (KS), the above9 captioned case and agree to be bound by the terms of the Protective Order. 5. 10 11 Order. 6. 12 13 I have carefully read and understand the provisions of the Protective I will hold in confidence and not disclose to anyone not qualified under the Protective Order, any Confidential Information or any portion or substance 14 thereof provided to me in the course of this litigation. 15 7. I will return all materials containing Confidential Information or any 16 portions or copies, summaries, abstracts or indices thereof, which come into my 17 possession, and documents or things that I prepared relating thereto and containing 18 such Confidential Information, to counsel for the party by whom I am retained or 19 employed, or to counsel by whom I am retained or employed, when my services in 20 this matter have been concluded. 21 8. I understand that if I violate the provisions of this Protective Order, I 22 may be subject to sanctions by the Court, among other things. 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 12 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS 1 9. I hereby submit to the jurisdiction of the United States District Court for 2 the Central District of California for the purpose of enforcement of this Protective 3 Order against me. 4 5 I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. 6 7 Dated:_________________ Signature:_________________________________ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 STIPULATED PROTECTIVE ORDER Case No. 17-cv-00773-SVW-KS

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