Liliana Gonzalez v. Costco Wholesale Corporation et al

Filing 21

PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 20 . (see document for further details) (hr)

Download PDF
1 2 3 4 5 6 Kristi Blackwell, Esq. (SBN 253967) Terra M. Affourtit, Esq. (SBN 292677) TYSON & MENDES, LLP 5661 La Jolla Boulevard La Jolla, California 92037 Phone (858) 459-4400 Attorneys for Defendant, COSTCO WHOLESALE CORPORATION 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 LILIANA GONZALEZ, Plaintiff, 11 v. 12 13 14 COSTCO WHOLESALE CORPORATION; et al., Defendants. 15 16 17 18 1. A. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. íFYíí-*%í..x STIPULATED PROTECTIVE ORDER Judge: Jesus G. Bernal Courtroom: 1 PURPOSES AND LIMITATIONS 19 Discovery in this action is likely to involve production of confidential, 20 proprietary, or private information for which special protection from public 21 disclosure and from use for any purpose other than prosecuting this litigation may 22 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 23 enter the following Stipulated Protective Order. The parties acknowledge that this 24 Order does not confer blanket protections on all disclosures or responses to 25 discovery and that the protection it affords from public disclosure and use extends 26 only to the limited information or items that are entitled to confidential treatment 27 under the applicable legal principles. The parties further acknowledge, as set forth 28 in Section 12.3, below, that this Stipulated Protective Order does not entitle them 1 STIPULATED PROTECTIVE ORDER 1 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 2 procedures that must be followed and the standards that will be applied when a 3 party seeks permission from the court to file material under seal. 4 B. GOOD CAUSE STATEMENT 5 The documents and information to be exchanged throughout the course of 6 the litigation between the parties may contain trade secret or other confidential 7 research, technical, cost, price, marketing or other commercial information, as is 8 contemplated by Federal Rule of Civil Procedure 26(c)(1)(G). 9 This action is likely to involve trade secrets, customer valuable research, 10 development, commercial, financial, technical and/or proprietary information for 11 which special protection from public disclosure and from use for any purpose other 12 than prosecution of this action is warranted. Additional information is to include 13 company specific proprietary information related to Defendant’s policies and 14 procedures involving cleaning practices, maintenance, and repair. Such 15 confidential and proprietary materials and information consist of, among other 16 things, confidential business or financial information, information regarding 17 confidential business practices, or other confidential research, development, or 18 commercial information (including information implicating privacy rights of third 19 parties), information otherwise generally unavailable to the public, or which may 20 be privileged or otherwise protected from disclosure under state or federal statutes, 21 court rules, case decisions, or common law. Accordingly, to expedite the flow of 22 information, to facilitate the prompt resolution of disputes over confidentiality of 23 discovery materials, to adequately protect information the parties are entitled to 24 keep confidential, to ensure that the parties are permitted reasonable necessary uses 25 of such material in preparation for and in the conduct of trial, to address their 26 handling at the end of the litigation, and serve the ends of justice, a protective order 27 for such information is justified in this matter. It is the intent of the parties that 28 information will not be designated as confidential for tactical reasons and that 2 STIPULATED PROTECTIVE ORDER 1 nothing be so designated without a good faith belief that it has been maintained in 2 a confidential, non-public manner, and there is good cause why it should not be 3 part of the public record of this case. 4 2. DEFINITIONS 5 2.1 Action: this pending federal law suit. 6 2.2 Challenging Party: a Party or Non-Party that challenges the 7 8 designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 9 how it is generated, stored or maintained) or tangible things that qualify for 10 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 11 the Good Cause Statement. 12 13 14 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 15 items that it produces in disclosures or in responses to discovery as 16 “CONFIDENTIAL.” 17 2.6 Disclosure or Discovery Material: all items or information, regardless 18 of the medium or manner in which it is generated, stored, or maintained (including, 19 among other things, testimony, transcripts, and tangible things), that are produced 20 or generated in disclosures or responses to discovery in this matter. 21 2.7 Expert: a person with specialized knowledge or experience in a matter 22 pertinent to the litigation who has been retained by a Party or its counsel to serve 23 as an expert witness or as a consultant in this Action. 24 2.8 House Counsel: attorneys who are employees of a party to this Action. 25 House Counsel does not include Outside Counsel of Record or any other outside 26 counsel. 27 28 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 3 STIPULATED PROTECTIVE ORDER 1 2.10 Outside Counsel of Record: attorneys who are not employees of a 2 party to this Action but are retained to represent or advise a party to this Action 3 and have appeared in this Action on behalf of that party or are affiliated with a law 4 firm which has appeared on behalf of that party, and includes support staff. 5 2.11 Party: any party to this Action, including all of its officers, directors, 6 employees, consultants, retained experts, and Outside Counsel of Record (and their 7 support staffs). 8 9 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 10 2.13 Professional Vendors: persons or entities that provide litigation 11 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 12 demonstrations, and organizing, storing, or retrieving data in any form or medium) 13 and their employees and subcontractors. 14 15 16 2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery 17 Material from a Producing Party. 18 3. SCOPE 19 The protections conferred by this Stipulation and Order cover not only 20 Protected Material (as defined above), but also (1) any information copied or 21 extracted from Protected Material; (2) all copies, excerpts, summaries, or 22 compilations of Protected Material; and (3) any testimony, conversations, or 23 presentations by Parties or their Counsel that might reveal Protected Material. 24 Any use of Protected Material at trial shall be governed by the orders of the 25 trial judge. This Order does not govern the use of Protected Material at trial. 26 4. DURATION 27 Even after final disposition of this litigation, the confidentiality obligations 28 imposed by this Order shall remain in effect until a Designating Party agrees 4 STIPULATED PROTECTIVE ORDER 1 otherwise in writing or a court order otherwise directs. Final disposition shall be 2 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 3 with or without prejudice; and (2) final judgment herein after the completion and 4 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 5 including the time limits for filing any motions or applications for extension of 6 time pursuant to applicable law. 7 5. DESIGNATING PROTECTED MATERIAL 8 5.1 Exercise of Restraint and Care in Designating Material for Protection 9 Each Party or Non-Party that designates information or items for protection 10 under this Order must take care to limit any such designation to specific material 11 that qualifies under the appropriate standards. The Designating Party must 12 designate for protection only those parts of material, documents, items, or oral or 13 written communications that qualify so that other portions of the material, 14 documents, items, or communications for which protection is not warranted are not 15 swept unjustifiably within the ambit of this Order. 16 Mass, indiscriminate, or routinized designations are prohibited. Designations 17 that are shown to be clearly unjustified or that have been made for an improper 18 purpose (e.g., to unnecessarily encumber the case development process or to 19 impose unnecessary expenses and burdens on other parties) may expose the 20 Designating Party to sanctions. 21 If it comes to a Designating Party’s attention that information or items that it 22 designated for protection do not qualify for protection, that Designating Party must 23 promptly notify all other Parties that it is withdrawing the inapplicable designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in 25 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 26 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 27 under this Order must be clearly so designated before the material is disclosed or 28 produced. 5 STIPULATED PROTECTIVE ORDER Designation in conformity with this Order requires: 1 2 (a) for information in documentary form (e.g., paper or electronic 3 documents, but excluding transcripts of depositions or other pretrial or trial 4 proceedings), that the Producing Party affix at a minimum, the legend 5 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 6 contains protected material. If only a portion or portions of the material on a page 7 qualifies for protection, the Producing Party also must clearly identify the 8 protected portion(s) (e.g., by making appropriate markings in the margins). 9 A Party or Non-Party that makes original documents available for inspection 10 need not designate them for protection until after the inspecting Party has indicated 11 which documents it would like copied and produced. During the inspection and 12 before the designation, all of the material made available for inspection shall be 13 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 14 documents it wants copied and produced, the Producing Party must determine 15 which documents, or portions thereof, qualify for protection under this Order. 16 Then, before producing the specified documents, the Producing Party must affix 17 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 18 only a portion or portions of the material on a page qualifies for protection, the 19 Producing Party also must clearly identify the protected portion(s) (e.g., by making 20 appropriate markings in the margins). 21 (b) for testimony given in depositions that the Designating Party identify 22 the Disclosure or Discovery Material on the record, before the close of the 23 deposition all protected testimony. 24 (c) for information produced in some form other than documentary and 25 for any other tangible items, that the Producing Party affix in a prominent place on 26 the exterior of the container or containers in which the information is stored the 27 legend “CONFIDENTIAL.” If only a portion or portions of the information 28 /// 6 STIPULATED PROTECTIVE ORDER 1 warrants protection, the Producing Party, to the extent practicable, shall identify 2 the protected portion(s). 5.3 3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 4 failure to designate qualified information or items does not, standing alone, waive 5 the Designating Party’s right to secure protection under this Order for such 6 material. Upon timely correction of a designation, the Receiving Party must make 7 reasonable efforts to assure that the material is treated in accordance with the 8 provisions of this Order. 9 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 10 Timing of Challenges. Any Party or Non-Party may challenge a 11 designation of confidentiality at any time that is consistent with the Court’s 12 Scheduling Order. 6.2 13 14 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 6.3 15 The burden of persuasion in any such challenge proceeding shall be 16 on the Designating Party. Frivolous challenges, and those made for an improper 17 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 18 parties) may expose the Challenging Party to sanctions. Unless the Designating 19 Party has waived or withdrawn the confidentiality designation, all parties shall 20 continue to afford the material in question the level of protection to which it is 21 entitled under the Producing Party’s designation until the Court rules on the 22 challenge. 23 7. 24 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this 26 Action only for prosecuting, defending, or attempting to settle this Action. Such 27 Protected Material may be disclosed only to the categories of persons and under 28 the conditions described in this Order. When the Action has been terminated, a 7 STIPULATED PROTECTIVE ORDER 1 Receiving Party must comply with the provisions of section 13 below (FINAL 2 DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 location and in a secure manner that ensures that access is limited to the persons 5 authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 otherwise ordered by the court or permitted in writing by the Designating Party, a 8 Receiving 9 “CONFIDENTIAL” only to: Party may disclose any information or item designated 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 11 well as employees of said Outside Counsel of Record to whom it is reasonably 12 necessary to disclose the information for this Action; 13 14 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; 15 (c) Experts (as defined in this Order) of the Receiving Party to whom 16 disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) the court and its personnel; 19 (e) court reporters and their staff; 20 (f) professional jury or trial consultants, mock jurors, and Professional 21 Vendors to whom disclosure is reasonably necessary for this Action and who have 22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 24 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 25 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 26 Action to whom disclosure is reasonably necessary provided: (1) the deposing 27 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 28 they will not be permitted to keep any confidential information unless they sign the 8 STIPULATED PROTECTIVE ORDER 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 2 agreed by the Designating Party or ordered by the court. Pages of transcribed 3 deposition testimony or exhibits to depositions that reveal Protected Material may 4 be separately bound by the court reporter and may not be disclosed to anyone 5 except as permitted under this Stipulated Protective Order; and (i) any mediator or settlement officer, and their supporting personnel, 6 7 mutually agreed upon by any of the parties engaged in settlement discussions. 8 8. 9 IN OTHER LITIGATION PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 10 If a Party is served with a subpoena or a court order issued in other litigation 11 that compels disclosure of any information or items designated in this Action as 12 “CONFIDENTIAL,” that Party must: 13 14 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or order 16 to issue in the other litigation that some or all of the material covered by the 17 subpoena or order is subject to this Protective Order. Such notification shall 18 include a copy of this Stipulated Protective Order; and 19 20 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served 22 with the subpoena or court order shall not produce any information designated in 23 this action as “CONFIDENTIAL” before a determination by the court from which 24 the subpoena or order issued, unless the Party has obtained the Designating Party’s 25 permission. The Designating Party shall bear the burden and expense of seeking 26 protection in that court of its confidential material and nothing in these provisions 27 should be construed as authorizing or encouraging a Receiving Party in this Action 28 to disobey a lawful directive from another court. 9 STIPULATED PROTECTIVE ORDER 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 5 produced by Non-Parties in connection with this litigation is protected by the 6 remedies and relief provided by this Order. Nothing in these provisions should be 7 construed as prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to 9 produce a Non-Party’s confidential information in its possession, and the Party is 10 subject to an agreement with the Non-Party not to produce the Non-Party’s 11 confidential information, then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the Non-Party 13 that some or all of the information requested is subject to a confidentiality 14 agreement with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated 16 Protective Order in this Action, the relevant discovery request(s), and a reasonably 17 specific description of the information requested; and (3) make the information requested available for inspection by the 18 19 Non-Party, if requested. 20 (c) If the Non-Party fails to seek a protective order from this court within 21 14 days of receiving the notice and accompanying information, the Receiving 22 Party may produce the Non-Party’s confidential information responsive to the 23 discovery request. If the Non-Party timely seeks a protective order, the Receiving 24 Party shall not produce any information in its possession or control that is subject 25 to the confidentiality agreement with the Non-Party before a determination by the 26 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 27 expense of seeking protection in this court of its Protected Material. 28 /// 10 STIPULATED PROTECTIVE ORDER 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has 3 disclosed Protected Material to any person or in any circumstance not authorized 4 under this Stipulated Protective Order, the Receiving Party must immediately (a) 5 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 6 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 7 the person or persons to whom unauthorized disclosures were made of all the terms 8 of this Order, and (d) request such person or persons to execute the 9 “Acknowledgment and Agreement to Be Bound” that is attached hereto as 10 Exhibit A. 11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other 15 protection, the obligations of the Receiving Parties are those set forth in Federal 16 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 17 whatever procedure may be established in an e-discovery order that provides for 18 production without prior privilege review. Pursuant to Federal Rule of Evidence 19 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 20 of a communication or information covered by the attorney-client privilege or 21 work product protection, the parties may incorporate their agreement in the 22 stipulated protective order submitted to the court. 23 12. 24 25 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 26 12.2 Right to Assert Other Objections. By stipulating to the entry of this 27 Protective Order no Party waives any right it otherwise would have to object to 28 disclosing or producing any information or item on any ground not addressed in 11 STIPULATED PROTECTIVE ORDER 1 this Stipulated Protective Order. Similarly, no Party waives any right to object on 2 any ground to use in evidence of any of the material covered by this Protective 3 Order. 4 12.3 Filing Protected Material. A Party that seeks to file under seal any 5 Protected Material must comply with Civil Local Rule 79-5. Protected Material 6 may only be filed under seal pursuant to a court order authorizing the sealing of the 7 specific Protected Material at issue. If a Party's request to file Protected Material 8 under seal is denied by the court, then the Receiving Party may file the information 9 in the public record unless otherwise instructed by the court. 10 13. FINAL DISPOSITION 11 After the final disposition of this Action, as defined in paragraph 4, within 12 60 days of a written request by the Designating Party, each Receiving Party must 13 return all Protected Material to the Producing Party or destroy such material. As 14 used in this subdivision, “all Protected Material” includes all copies, abstracts, 15 compilations, summaries, and any other format reproducing or capturing any of the 16 Protected Material. Whether the Protected Material is returned or destroyed, the 17 Receiving Party must submit a written certification to the Producing Party (and, if 18 not the same person or entity, to the Designating Party) by the 60 day deadline that 19 (1) identifies (by category, where appropriate) all the Protected Material that was 20 returned or destroyed and (2)affirms that the Receiving Party has not retained any 21 copies, abstracts, compilations, summaries or any other format reproducing or 22 capturing any of the Protected Material. Notwithstanding this provision, Counsel 23 are entitled to retain an archival copy of all pleadings, motion papers, trial, 24 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 25 and trial exhibits, expert reports, attorney work product, and consultant and expert 26 work product, even if such materials contain Protected Material. Any such archival 27 copies that contain or constitute Protected Material remain subject to this 28 Protective Order as set forth in Section 4 (DURATION). 12 STIPULATED PROTECTIVE ORDER 1 14. Any violation of this Order may be punished by any and all appropriate 2 measures including, without limitation, contempt proceedings and/or monetary 3 sanctions. 4 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 Dated: July 26, 2022 LAW OFFICES OF JONATHAN EBRAHIMIAN 8 By: 9 10 /s/ Jonathan Ebrahimian Jonathan Ebrahimian, Esq. Attorneys for Plaintiff LILIANA GONZALEZ 11 12 13 Dated: July 26, 2022 TYSON & MENDES, LLP By: 14 15 16 17 18 /s/ Kristi Blackwell Kristi Blackwell, Esq. Terra M. Affourtit, Esq. Attorneys for Defendant COSTCO WHOLESALE CORPORATION FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 20 July 29 DATED: ____________, 2022 21 22 23 24 _____________________________________ Honorable Kenly Kiya Kato United States Magistrate Judge 25 26 27 28 13 STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of ___________ [LILIANA GONZALEZ v. COSTCO 8 WHOLESALE CORPORATION (CASE NO.: íFYíí-*%í..]. I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose 11 me to sanctions and punishment in the nature of contempt. I solemnly promise that 12 I will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance with 14 the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print 19 or type full name] of _______________________________________ [print or 20 type full address and telephone number] as my California agent for service of 21 process in connection with this action or any proceedings related to enforcement of 22 this Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 14 STIPULATED PROTECTIVE ORDER type full name], of CERTIFICATE OF SERVICE 1 2 3 I hereby certify that on July 28, 2022, I electronically filed the 4 STIPULATED PROTECTIVE ORDER with the Clerk of the Court using the 5 CM/ECF system which will send notification of such filing electronically to 6 registered counsel. 7 8 Respectfully submitted, 9 LINDA ROMO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 STIPULATED PROTECTIVE ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?