Kristen Staton v. Wells Fargo Auto Finance

Filing 23

PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. (See document for details) (mrgo)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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KRISTEN STATON,
Plaintiff,

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v.

No. ED CV 17-1951 PA (SKx)
PROTECTIVE ORDER CONCERNING
CONFIDENTIAL INFORMATION

WELLS FARGO AUTO FINANCE,
Defendant.

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The Court enters the following protective order:

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1.

In connection with discovery proceedings in this action, the parties may

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designate any document, thing, material, testimony or other information derived therefrom,

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as “Confidential” under the terms of this Protective Order (hereinafter “Order”).

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Confidential information is trade secrets, proprietary information, and other highly

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confidential commercial information, or material required to be kept confidential by state or

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federal law.

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2.

By designating a document, thing, material, testimony or other information

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derived therefrom as “Confidential” under the terms of this Order, the party making the

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designation is certifying to the Court that there is a good faith basis in law and in fact for the

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designation within the meaning of Federal Rule of Civil Procedure 26(g).

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3.

Confidential documents shall be so designated by stamping copies of the

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document produced to a party with the legend “CONFIDENTIAL.” Stamping the legend

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“CONFIDENTIAL” on the cover of any multipage documents shall designate all pages of

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the document as confidential, unless otherwise indicated by the producing party.

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4.

Testimony taken at a deposition may be designated as confidential by making

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a statement to that effect on the record at the deposition. Arrangements shall be made with

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the court reporter taking and transcribing such deposition to separately bind such portions of

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the transcript containing information designated as confidential, and to label such portions

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appropriately.

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5.

Material designated as confidential under this Order, the information

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contained therein, and any summaries, copies, abstracts, or other documents derived in

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whole or in part from material designated as confidential (hereinafter “Confidential

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Material”) shall be used only for the purpose of the prosecution, defense, or settlement of

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this action, and for no other purpose.

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6.

Confidential Material produced pursuant to this Order may be disclosed or

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made available only to the Court, to counsel for a party (including the paralegal, clerical, and

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secretarial staff employed by such counsel), and to the “qualified persons” designated below:

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(a)

a party, or an officer, director, or employee of a party deemed necessary

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by counsel to aid in the prosecution, defense, or settlement of this

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action;

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(b)

experts or consultants (together with their clerical staff) retained by

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such counsel to assist in the prosecution, defense, or settlement of this

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action;

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(c)

court reporter(s) employed in this action;

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(d)

a witness at any deposition or other proceeding in this action; and

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(e)

any other person as to whom the parties in writing agree.

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Prior to receiving any Confidential Material, each “qualified person” shall be provided with

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a copy of this Order and shall execute a nondisclosure agreement in the form of Attachment
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A, a copy of which shall be provided forthwith to counsel for each other party and for the

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parties.

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7.

Only qualified persons may attend depositions at which Confidential Material

is used or discussed.
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The parties may further designate certain discovery material or testimony of a

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highly confidential and/or proprietary nature as “CONFIDENTIAL - ATTORNEY’S EYES

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ONLY” (hereinafter “Attorney’s Eyes Only Material”), in the manner described in

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paragraphs 2 and 3 above. Attorney’s Eyes Only Material, and the information contained

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therein, shall be disclosed only to the Court, to counsel for the parties (including the

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paralegal, clerical and secretarial staff employed by such counsel), and to the “qualified

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persons” listed in subparagraphs 6(b) through (e) above, but shall not be disclosed to a party,

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or to an officer, director or employee of a party, unless otherwise agreed or ordered. If

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disclosure of Attorney’s Eyes Only Material is made pursuant to this paragraph, all other

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provisions in this order with respect to confidentiality shall also apply.

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9.

Nothing herein shall impose any restrictions on the use or disclosure by a party

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of material obtained by such party independent of discovery in this action, whether or not

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such material is also obtained through discovery in this action, or from disclosing its own

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Confidential Material as it deems appropriate.

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10.

If Confidential Material, including any portion of a deposition transcript

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designated as Confidential or Attorney's Eyes Only, is included in any papers to be filed with

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the Court, such papers shall be accompanied by an application to (a) file the confidential

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portions thereof under seal (if such portions are segregable), or (b) file the papers in their

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entirety under seal (if the confidential portions are not segregable). The application shall be

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directed to the judge to whom the papers are directed. Pending the ruling on the application,

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the papers or portions thereof subject to the sealing application shall be lodged under seal.

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11.

This Order shall be without prejudice to the right of the parties (i) to bring

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before the Court at any time the question of whether any particular document or information

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is confidential or whether its use should be restricted or (ii) to present a motion to the Court
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under Fed. R. Civ. P. 26(c) for a separate protective order as to any particular document or

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information, including restrictions differing from those as specified herein. This Order shall

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not be deemed to prejudice the parties in any way in any future application for modification

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of this Order.

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12.

This Order is entered solely for the purpose of facilitating the exchange of

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documents and information between the parties to this action without involving the Court

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unnecessarily in the process. Nothing in this Order nor the production of any information or

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document under the terms of this Order nor any proceedings pursuant to this Order shall be

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deemed to have the effect of an admission or waiver by either party or of altering the

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confidentiality or nonconfidentiality of any such document or information or altering any

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existing obligation of any party or the absence thereof.

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13.

This Order shall survive the final termination of this action, to the extent that

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the information contained in Confidential Material is not or does not become known to the

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public, and the Court shall retain jurisdiction to resolve any dispute concerning the use of

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information disclosed hereunder. Upon termination of this case, counsel for the parties shall

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assemble and return to each other all documents, material and deposition transcripts

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designated as confidential and all copies of same, or shall certify the destruction thereof.

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IT IS SO ORDERED.

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DATED: January 24, 2018
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Percy Anderson
UNITED STATES DISTRICT JUDGE

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Attachment A

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Nondisclosure Agreement

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I,

, do solemnly swear that I am fully familiar with the terms of

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the Protective Order Concerning Confidential Information entered in Kristen Staton v. Wells

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Fargo Auto Finance, United States District Court for the Central District of California,

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Civil Action No. ED CV 17-1951 PA (SKx), and hereby agree to comply with and be bound

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by the terms and conditions of said Order unless and until modified by further Order of the

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Court. I hereby consent to the jurisdiction of the Court for purposes of enforcing this

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nondisclosure agreement.

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DATED:

___________________________________
[Name of Signator Typed]

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