Pamela Stratton v. FedEx Freight et al

Filing 22

ORDER GRANTING Stipulation Re: Disclosure of Confidential Information, 20 by Magistrate Judge Patrick J. Walsh. (ca)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Jared L. Bryan (SBN 220925) JACKSON LEWIS LLP 5000 Birch Street, Suite 5000 Newport Beach, California Tel: 949-885-1360 Fax: 949-885-1380 Benjamin J. Kim (SBN 233856) Andranik Tsarukyan (SBN 258241) JACKSON LEWIS LLP 725 South Figueroa Street, Suite 2500 Los Angeles, California 90017-5408 Tel: 213-689-0404 Fax: 213-689-0430 Attorneys for Defendants FEDEX FREIGHT, INC. and FEDEX CORPORATION NOTE CHANGES MADE BY THE COURT SMITH PATTEN Spencer F. Smith (SBN 236587) Dow W. Patten (SBN 135931) 353 Sacramento St. Suite 1120 San Francisco, California 94111 Tel: 415-402-0084 Fax: 415-520-0104 Attorneys for Plaintiff PAMELA STRATTON 17 18 UNITED STATES DISTRICT COURT 19 FOR THE CENTRAL DISTRICT OF CALIFORNIA 20 21 22 23 24 25 26 27 28 ) ) ) Plaintiff, ) ) vs. ) ) FEDEX FREIGHT, INC. an Arkansas ) corporation as successor in interest to ) FEDEX NATIONAL LTL, FEDEX CORPORATION, a Delaware corporation, ) ) and DOES 1-10, ) ) Defendant. ) ) PAMELA STRATTON, an individual SACV12-1417-JAK-(PJWx) 1 CASE NO.: SACV12-1417-JAK-(PJWx) STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION AND ORDER Complaint Filed: Trial Date: August 29, 2012 None set STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION 1 WHEREAS Plaintiff PAMELA STRATTON and Defendants FEDEX FREIGHT, 2 INC. and FEDEX CORPORATION (each referred to herein as “Party” or, collectively, 3 as “Parties”) have propounded or intend to propound discovery and contend that the 4 disclosure of some responsive information and/or documents would entail the disclosure 5 of confidential, private and/or proprietary business information and trade secrets not 6 otherwise available to such other parties or the public generally, particularly due to the 7 nature of Defendants’ business and/or third party or Plaintiff’s privacy rights. 8 9 10 11 IT IS HEREBY STIPULATED AND AGREED by the Parties, through their undersigned counsel, that the following provisions shall govern documents and information produced in this action: 1. Confidential Information. During discovery, any information or material 12 within the scope of Rule 26(b)(1) of the Federal Rules of Civil Procedure including but 13 not limited to, documents, deposition testimony, transcripts and accompanying exhibits, 14 interrogatory answers, responses to request to admit and other written, recorded or 15 graphic materials may be designated as “CONFIDENTIAL” by the person or entity 16 producing, providing, filing or lodging it or by any Party to this action (“Designating 17 Person”). “CONFIDENTIAL” information includes all information or material derived 18 from it. 19 2. Access to Confidential Information. The designation of any document as 20 “CONFIDENTIAL” shall not preclude any Party from showing or providing a copy of 21 the document to any person who appears as an author, addressee or recipient on the face 22 of the document. 23 disclosed for any purposes whatsoever, except in connection with the litigation of the 24 action (including any appeal), and may be disclosed only to the following persons: 25 (a) “CONFIDENTIAL” information shall not be otherwise used or the named Parties to this action and their officers, directors and/or 26 employees and those employees employed as of the date the document was created who 27 were in a position to have access to the document; 28 SACV12-1417-JAK-(PJWx) 2 STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION 1 2 3 (b) the Parties’ counsel, including in-house counsel, and such counsel’s legal associates, paralegals, secretaries and office staff; (c) independent experts or consultants and their staff specifically retained to 4 assist counsel in this litigation provided that any such experts or consultants shall, prior 5 to any disclosure, execute an undertaking to be bound by this Stipulation (in the form 6 attached hereto as Exhibit A), which shall be maintained at the office of counsel 7 retaining such expert or consultant and produced to opposing counsel at the conclusion 8 of the action; 9 (d) third parties specifically retained by counsel for Parties to this action (or 10 their legal associates and their offices’ staffs) for copying or computer coding of 11 documents but only for such copying or computer coding purposes and provided that 12 any such third parties, prior to any disclosure, execute an undertaking to be bound by 13 this Stipulation (in the form attached hereto as Exhibit A) which shall be maintained at 14 the office of counsel retaining such third parties and produced to opposing counsel at the 15 conclusion of the action; 16 17 (e) the Court, court reporters and court officers pursuant to paragraph 7 of this Stipulation; 18 (f) any witness shown the document in a deposition in this litigation; and 19 (g) any other witnesses or prospective witnesses. 20 3. Copies of Confidential Information. Copies and extracts of 21 “CONFIDENTIAL” information may be made by or for only those persons authorized 22 by paragraph 2 to review such materials provided that all copies and extracts are 23 appropriately marked as “CONFIDENTIAL.” 24 “CONFIDENTIAL” information are subject to the provisions of this Stipulation as 25 though they were original “CONFIDENTIAL” information. 26 4. Custody of Confidential Information. All copies and extracts of All documents containing 27 information designated “CONFIDENTIAL” and notes or other records regarding that 28 information shall be maintained in the custody of the Parties’ outside and/or in-house SACV12-1417-JAK-(PJWx) 3 STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION 1 counsel and no partial or complete copies thereof containing “CONFIDENTIAL” 2 information shall be retained by anyone else at any location except that independent 3 experts and consultants may retain documents on a temporary basis for purposes of 4 study, analysis and preparation of the case. 5 5. Designating Documents. The designation of all or a portion of a document 6 as “CONFIDENTIAL” shall be made by placing such legend on each designated page of 7 the document prior to production. In the case of a document produced by a non-party 8 that is not the Designating Person with respect to such document, the Parties reserve 9 their right to seek a protective order to deem such document “CONFIDENTIAL” and 10 subject to the terms of this Stipulation. 11 6. Designating Depositions. 12 (a) Deposition transcripts or portions thereof may be designated as 13 “CONFIDENTIAL” either: (i) at the deposition itself by request of any Party; or (ii) by 14 captioned written notice to the reporter and all counsel of record given within ten 15 calendar days following notice from the reporter that the transcript is available for 16 review in which case all counsel receiving such notice shall be responsible for marking 17 the copies of the designated transcript or portion thereof in their possession or control as 18 “CONFIDENTIAL.” Pending expiration of the ten court days, the deposition transcript 19 shall be treated as if it had been designated “CONFIDENTIAL.” 20 (b) Where testimony is designated at a deposition, the Designating Person may 21 exclude 22 “CONFIDENTIAL” information may be disclosed under paragraph 2 of this Stipulation 23 and Order. 24 25 (c) from the deposition all persons other than those to whom the Any Party may mark a deposition exhibit as “CONFIDENTIAL” and examine any witness thereon. 26 7. Procedures for Filing Records under Seal. 27 (a) Prior to lodging and/or filing any “CONFIDENTIAL” information or 28 offering it for admission as evidence, the Party seeking to lodge and/or file the SACV12-1417-JAK-(PJWx) 4 STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION 1 “CONFIDENTIAL” information or offer the “CONFIDENTIAL” information for 2 admission as evidence shall make a good faith effort to obtain an order from the court to 3 allow submission of the “CONFIDENTIAL” information under seal in compliance with 4 Rule 5.2(d) of the Federal Rules of Civil Procedure and Local Rule 79-5 as the same 5 may be applicable. In accordance with Local Rule 79-5.1, if any papers to be filed with 6 the Court contain protected information, the proposed filing shall be accompanied by an 7 application to file the papers or the portion thereof containing the protected information 8 (if such portion is segregable) under seal. For motions, the parties should also file a 9 redacted version of the motion and supporting papers. 10 11 12 (b) To the extent permitted by the court, upon request of a Party, any hearing which may refer to or describe “CONFIDENTIAL” information shall be held in camera. (c) The court’s denial of a motion to seal brought pursuant to Rule 5.2(d) of the 13 Federal Rules of Civil Procedure and Local Rule 79-5 shall not bar the use of the 14 “CONFIDENTIAL” information or the offering of it for admission as evidence in 15 connection with any motion, proceeding or trial in this matter and such use of or offering 16 in evidence of the “CONFIDENTIAL” information shall not constitute a breach of this 17 Stipulation. 18 (d) Notwithstanding (a) above, upon written agreement and/or stipulation by 19 the Parties, specific “CONFIDENTIAL” information may be lodged and/or filed or 20 offered for admission as evidence not under seal in connection with any motion, 21 proceeding or trial in this matter and such use of or offering in evidence of the 22 “CONFIDENTIAL” information shall not constitute a breach of this Stipulation. 23 (e) The Parties expressly agree that lodging and/or filing of “CONFIDENTIAL” 24 information with the Court not under seal shall not be deemed nor constitute a waiver of 25 confidentiality under the terms of this Stipulation. 26 8. Objections. A Party may challenge the propriety of any designation under 27 this Stipulation at any time. A challenge may be made by serving on all other Parties a 28 captioned notice of SACV12-1417-JAK-(PJWx) objection which 5 shall identify with particularity the STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION 1 “CONFIDENTIAL” information as to which the designation is challenged, state the 2 basis for each challenge and propose a new designation for each item. The challenged 3 material shall be deemed re-designated as proposed unless, within ten (10) calendar 4 days after service, the Designating Person has filed and served a motion for a protective 5 order to maintain the original designation or to establish other confidentiality 6 protections. 7 9. No Prejudice. 8 (a) Nothing in this Stipulation shall preclude any Party from seeking and 9 10 11 obtaining additional or different protection with respect to the confidentiality of any information or material. (b) This Stipulation shall not diminish any existing obligation or right with 12 respect to “CONFIDENTIAL” information, nor shall it prevent a disclosure to which the 13 Designating Person consents before the disclosure takes place. 14 (c) The Parties shall exert their best efforts to assert any claims of 15 confidentiality prior to the disclosure of any discovery materials. The production of any 16 document by any Party shall be without prejudice to any claim by the producing party 17 that such material should have been designated as “CONFIDENTIAL.” 18 confidentiality may be asserted in writing and with particularity within a reasonable time 19 after learning of such inadvertent or mistaken disclosure and such documents shall be 20 treated as if the claim were made prior to disclosure. If within a reasonable time after 21 such documents are inadvertently or mistakenly disclosed, the producing party asserts a 22 claim that such documents are “CONFIDENTIAL,” the receiving party shall take 23 prompt steps to ensure that all known copies of such documents are returned promptly to 24 the producing party for designation as such. The Parties may thereafter contest such 25 claims of confidentiality, as set forth herein. 26 10. Claims of Discovery Obtained By Other Means. This Stipulation is not applicable to 27 “CONFIDENTIAL” information if copies of such documents already have been 28 obtained by the receiving party in a manner other than through discovery. SACV12-1417-JAK-(PJWx) 6 STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION 1 11. Final Disposition. Within 45 calendar days of the final termination of the 2 action and at the written request of the designating or the producing person, all 3 “CONFIDENTIAL” information and all copies thereof shall be returned to counsel for 4 the person that produced the material or destroyed. However, counsel may retain one 5 copy of pleadings, attorney and consultant work product and depositions for archival 6 purposes. 7 12. Subpoenas Seeking Confidential Material. If any person that has obtained 8 “CONFIDENTIAL” information under the terms of this Stipulation receives a subpoena 9 commanding the production of any such “CONFIDENTIAL” information, such person 10 shall promptly notify in writing the Designating Person of the service of the subpoena in 11 order to afford the Designating Person an opportunity to object but no later than two 12 business days upon receipt of any such subpoena. The person receiving the subpoena 13 shall not produce any “CONFIDENTIAL” information in response to the subpoena 14 without either the prior written notice to the Designating Person as provided in this 15 paragraph. 16 13. Improper Disclosure. 17 (a) The Parties and their counsel shall have the duty to use reasonable care and 18 precaution to protect the confidentiality of material covered by this Stipulation. If 19 “CONFIDENTIAL” information submitted in accordance with the terms of this 20 Stipulation is disclosed to any person other than in the manner authorized by the terms 21 herein, the Party and person responsible for the disclosure must immediately bring all 22 pertinent facts relating to such disclosure to the attention of the Party producing such 23 information and, without prejudice to any other rights of the Designating Person, make 24 every effort to prevent further disclosure by it or by the person(s) to whom such 25 information was disclosed. 26 (b) The Parties agree that the unauthorized disclosure of “CONFIDENTIAL” 27 information may cause irreparable injury to the non-breaching party and, accordingly, in 28 the event of any breach or threatened breach of the provisions herein, the non-breaching SACV12-1417-JAK-(PJWx) 7 STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION 1 party shall be entitled to seek immediate injunctive relief by way of ex parte hearing or 2 otherwise as allowed by law or equity. The decision by the non-breaching party to seek 3 such injunctive relief will be without prejudice to any other rights or remedies, legal or 4 equitable, which the non-breaching party might have in the event of such a breach or 5 threatened breach and neither the seeking by the non-breaching party of any such relief 6 nor the obtaining by the non-breaching party of any other such relief will be a waiver or 7 release of any of the non-breaching party’s other rights or remedies in such event. 8 14. Survival. The binding effect of this Stipulation shall survive termination of 9 this action and the court shall retain jurisdiction to enforce the Stipulation. The terms of 10 this Stipulation shall be binding upon the Parties as a contract whether or not the 11 Magistrate Judge assigned to this case signs the [Proposed] Stipulated Protective Order. 12 \\\ 13 \\\ 14 \\\ 15 \\\ 16 \\\ 17 \\\ 18 \\\ 19 \\\ 20 \\\ 21 \\\ 22 \\\ 23 \\\ 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 \\\ SACV12-1417-JAK-(PJWx) 8 STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION 1 15. Stipulation. This Stipulation shall be deemed in full force and effect until 2 the court’s approval of the terms of the Stipulation in the form of an Order and even in 3 the absence of entry of said Stipulation as an Order and even if the Court makes any 4 subsequent modifications thereto pursuant to entry of the Stipulation as an Order. 5 6 7 January 28, 2013 JACKSON LEWIS LLP 8 9 By: 10 /S/ Benjamin J. Kim Jared L. Bryan Benjamin J. Kim Andranik Tsarukyan 11 12 Attorneys for Defendants FEDEX FREIGHT, INC. and FEDEX CORPORATION 13 14 15 16 January 28, 2013 SMITH PATTEN 17 18 By: /S/ Spencer F. Smith Spencer F. Smith Dow W. Patten 19 20 Attorneys for Plaintiff PAMELA STRATTON 21 22 IT IS SO ORDERED. 23 24 DATED: January 29, 2013 25 ____________________________________ Hon. Patrick J. Walsh United States Magistrate Judge 26 27 28 SACV12-1417-JAK-(PJWx) 9 STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION EXHIBIT A 1 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _________________________________ [print or type full name], of 5 ___________________________________ [print or type full address], declare under 6 penalty of perjury that I am a citizen or national of the United States, or am a lawful 7 permanent resident in the United States. I further declare that I have read in its entirety 8 and understand the Stipulated Protective Order that was issued by the United States 9 District Court for the Central District of California on [date] in the case of Pamela 10 Stratton v. FedEx Freight, Inc., FedEx National LTL, and FedEx Corporation, Case No. 11 SACV12-1417-JAK-(PJWx). I agree to comply with and to be bound by all the terms of 12 this Stipulated Protective Order and I understand and acknowledge that failure to so 13 comply could expose me to sanctions and punishment in the nature of contempt. I 14 solemnly promise that I will not disclose in any manner any information or item that is 15 subject to this Stipulated Protective Order to any person or entity except in strict 16 compliance with the provisions of this Order. 17 I further agree to submit to the jurisdiction of the United States District Court for 18 the Central District of California for the purpose of enforcing the terms of this Stipulated 19 Protective Order, even if such enforcement proceedings occur after termination of this 20 case. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// SACV12-1417-JAK-(PJWx) 10 STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION 1 I hereby appoint ________________________ [print or type full name] of 2 ______________________________________________________ [print or type full 3 address and telephone number] as my California agent for service of process in 4 connection with this case or any proceedings related to enforcement of this Stipulated 5 Protective Order. 6 Date: ________________ 7 City and State where sworn and signed: _______________________________ 8 Printed Name: ___________________________________________________ 9 Signature: ______________________________________________________ 10 11 12 4813-9250-6130, v. 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SACV12-1417-JAK-(PJWx) 11 STIPULATION RE: DISCLOSURE OF CONFIDENTIAL INFORMATION

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?