David Long v. Raytheon Company et al

Filing 18

ORDER ON STIPULATED PROTECTIVE ORDER FOR THE PRODUCTION OF PROTECTED DOCUMENTS by Magistrate Judge Jean P Rosenbluth re Stipulation for Protective Order 17 . (See Order for details.) (wr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DAVID LONG, an individual

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Plaintiff,
v.
RAYTHEON COMPANY, a
Delaware corporation; and DOES 1 50

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Defendants.

Case No. SA CV 13-00526 BRO (JPRx)
DISCOVERY MATTER
ORDER ON STIPULATED
PROTECTIVE ORDER FOR THE
PRODUCTION OF PROTECTED
DOCUMENTS
[Filed concurrently with Stipulated
Protective Order For The Production Of
Protected Documents]

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Action filed: January 30, 2013
Trial date: None

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Recitals and Basis of Order:

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A.

The PARTIES hereto are conducting discovery, which includes the

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production of documents, the answering of interrogatories and requests for

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admission, the taking of testimony by oral deposition and examination, and third-

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party subpoenas;

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

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ORDER ON
STIPULATED PROTECTIVE ORDER

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B.

The PARTIES assert that certain documents and information

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responsive to the discovery contain material non-public financial information,

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personal employment records of non-PARTY individuals, or other private,

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confidential or proprietary or trade secret information, disclosure of which might

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result in irreparable harm to the respective PARTIES or third parties. Although

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propounding PARTIES may be entitled to the discovery sought, the PARTIES

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assert that any such information should remain non-public and protected;

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C.

The PARTIES therefore seek to reasonably limit disclosure of such

non-public and protected information; and
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The PARTIES have requested an Order based on their Stipulated

Protective Order.
Order:
THEREFORE, IT IS HEREBY ORDERED THAT:
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The following definitions shall apply to this Stipulated Protective

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Order (“Protective Order”):

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a.

The term “PROTECTED INFORMATION” shall mean and

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include originals and copies of all documents, portions of documents, answers to

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interrogatories, responses to requests for admission, testimony, depositions,

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affidavits, expert reports, legal briefs or memoranda, and any other information

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deemed by any PARTY to comprise or contain non-public, confidential, trade

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secret, proprietary information, or information protected by privacy rights

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belonging to the PARTIES or to third parties. PROTECTED INFORMATION

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shall include any materials deemed “Company Private.” The provisions of this

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Protective Order shall not restrict the presentation and/or use of PROTECTED

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INFORMATION during courtroom proceedings, except as precluded by order of

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the Court under Rule 79-5.

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

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ORDER ON
STIPULATED PROTECTIVE ORDER

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Should any PARTY discover that PROTECTED INFORMATION was

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inadvertently produced in the course of this action, the PARTY may request that

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such information be designated as “PROTECTED,” on a selective basis. If timely

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corrected, this inadvertent failure will not, standing alone, waive the Designating

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PARTY’s right to secure protection as discussed in Section 5(b) below. The

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PARTY seeking to designate such information as PROTECTED agrees to seek

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permission from TRIAL COUNSEL for the PARTIES prior to designating such

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information as PROTECTED. In the event that TRIAL COUNSEL do not agree to

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such designation of information as PROTECTED, the designating PARTY has the

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burden to establish that such information should, in fact, be subject to this Order

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and shall thereafter meet and confer in good faith with the challenging PARTY(S)

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in an attempt to resolve the dispute. If the PARTIES are unable to mutually resolve

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said dispute within a reasonable time, the designating PARTY may file an

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appropriately noticed motion requesting the Court to resolve whether the disputed

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material is properly designated as PROTECTED INFORMATION. Pending the

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outcome of any challenge, the information shall be treated by the PARTIES as

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PROTECTED from the time of designation as such until such time as the Court

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finds otherwise. Any challenge to the designation of PROTECTED

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INFORMATION must comply with Local Rules 37-1 and 37-2, including the joint

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stipulation provisions referenced therein.

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Nothing in this Protective Order is intended to affect or compromise the

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assertion of any claim of privilege by any PARTY with respect to any documents

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withheld from production on the basis of such privilege.

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b.

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meaning of “writing” as defined by Federal Rule of Civil Procedure 34.

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c.

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The term “DOCUMENTS” shall include all material within the

The term “PARTY” or “PARTIES” shall mean Plaintiff David Long

(“PLAINTIFF”) and Defendant Raytheon Company (“RAYTHEON”).

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

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ORDER ON
STIPULATED PROTECTIVE ORDER

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d.

The term “TRIAL COUNSEL” shall mean (i) the attorneys, employees

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and agents of Hogie & Campbell, attorneys for PLAINTIFF; and (ii) the attorneys,

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employees, and agents of Burke, Williams & Sorensen, LLP, attorneys for

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Defendant RAYTHEON. Neither TRIAL COUNSEL nor the PARTIES hereto

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shall disclose PROTECTED INFORMATION to any substitute or additional trial

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counsel prior to such counsel’s acknowledgment in writing that it is familiar with

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and agrees to comply with all provisions of this Protective Order.

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2.

Any PARTY may designate any documents, testimony, things, or

other information produced in this litigation by them, or any of them, or by any

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third party, as PROTECTED INFORMATION in accordance with paragraph 1(a)

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of this Protective Order. Nothing in this Protective Order shall preclude the

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PARTIES from redacting additional privileged information on documents

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designated as containing PROTECTED INFORMATION.

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If any PARTY seeks to challenge any other PARTY'S designation of

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material as PROTECTED INFORMATION, the challenging PARTY shall, within

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a reasonable time, not to exceed fourteen (14) days, notify the PARTY whose

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designation is being challenged, as well as all other PARTIES to this action, of the

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material being challenged and of the specific reasons therefor. The challenging

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PARTY and designating PARTY shall thereafter meet and confer in good faith in

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an attempt to resolve the dispute. If the PARTIES are unable to mutually resolve

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said dispute within a reasonable time, the designating PARTY may file an

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appropriately noticed motion requesting the Court to resolve whether the disputed

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material is properly designated as PROTECTED INFORMATION. Any challenge

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to the designation of PROTECTED INFORMATION must comply with Local

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Rules 37-1 and 37-2, including the joint stipulation provisions referenced therein.

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3.

All information designated as PROTECTED INFORMATION shall

not be disclosed to anyone other than the following categories of people:

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

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ORDER ON
STIPULATED PROTECTIVE ORDER

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a. PARTIES and their officers, counsel, directors, members and

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employees;

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b. TRIAL COUNSEL, its agents, representatives, and employees;

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c. Independent consultants, contractors, mediators, or experts retained

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for this litigation;

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d. Court personnel responsible for administering this litigation;

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e. Any person indicated on the face of the document to be its

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originator, author, or recipient, or the subject of or mentioned in the

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document.

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The viewing of PROTECTED INFORMATION by any person in categories

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3(a) through 3(e) shall not cause such PROTECTED INFORMATION to lose its

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confidential nature.

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All persons, with the exception of categories (a), (b), (c), and (d) above, in

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the instant action to whom PROTECTED INFORMATION is disclosed shall read

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this Protective Order in advance of such disclosure and agree in writing to be bound

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by its terms, as provided in the form attached hereto as Attachment A.

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To the extent that PROTECTED INFORMATION must be disclosed to

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deponents in the present action, TRIAL COUNSEL agree to obtain said deponent

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and/or witness’ verbal agreement not to disclose the subject PROTECTED

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INFORMATION except in court and legal proceedings or as otherwise compelled

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by Court Order.

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PROTECTED INFORMATION shall not be used for any purpose other than

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as is set forth in paragraph 11 of this Protective Order unless and until such

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designation is removed either by agreement by the PARTIES or by order of the

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Court. The protections conferred by this Protective Order cover not only

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PROTECTED INFORMATION (as defined above), but also any information

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copied or extracted therefrom, as well as all copies, excerpts, summaries, or

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compilations thereof. Nothing in this Protective Order should be construed to

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

-5-

ORDER ON
STIPULATED PROTECTIVE ORDER

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prevent the use of PROTECTED INFORMATION as necessary in any Court or

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legal proceeding in connection with this litigation, however such PROTECTED

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INFORMATION shall not lose its protected status for other purposes through such

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use.

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4.

Whenever a deposition or examination taken on behalf of any PARTY

involves a disclosure of PROTECTED INFORMATION:
a.

Said deposition or examination or portions thereof shall be designated

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as containing PROTECTED INFORMATION subject to the provisions of this

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Protective Order at the time the deposition or examination is taken whenever

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possible; however, any PARTY shall have until fifteen (15) days after receipt of the

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signed deposition or examination transcript within which to designate in writing to

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the other PARTIES to the action those portions of the transcript designated

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PROTECTED INFORMATION;

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b.

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said deposition or examination, during such time as the PROTECTED

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INFORMATION is to be disclosed, every individual not entitled under paragraph 3

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of this Protective Order to receipt of the information, excluding the PARTIES, the

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deponent, and the stenographer and/or videographer;

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c.

Any PARTY shall have the right to exclude from attendance at

The originals of the portion of said deposition or examination

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transcript that contain PROTECTED INFORMATION shall be designated by the

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court reporter with the applicable legend, as instructed by the PARTY or non-

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PARTY offering or sponsoring the witness or presenting the testimony. Any

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PARTY seeking to admit any so-designated deposition testimony shall notify the

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designating PARTY within a reasonable time. The challenging PARTY and

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designating PARTY shall thereafter meet and confer in good faith in an attempt to

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resolve the dispute. If the PARTIES are unable to mutually resolve said dispute

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within a reasonable time, the designating PARTY may apply to the Court that the

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PROTECTED INFORMATION be filed under seal in compliance with Local Rule

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

-6-

ORDER ON
STIPULATED PROTECTIVE ORDER

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79-5. If the Court should refuse to seal the testimony, the PARTY seeking to admit

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the so-designated deposition testimony may file without seal.

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5. Except as otherwise provided in this Order or as otherwise stipulated or

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ordered, material that qualifies for protection under this Order must be clearly so

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designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:

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a.

for information in documentary form (apart from transcripts of

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depositions or other pretrial or trial proceedings), that the Producing PARTY affix

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the legend “PROTECTED” at the bottom of each page that contains protected

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material. If only a portion or portions of the material on a page qualifies for

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protection, the Producing PARTY also must clearly identify the protected

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portion(s) (e.g., by making appropriate markings in the margins).

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A PARTY or non-PARTY that makes original documents or materials

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available for inspection need not designate them for protection until after the

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inspecting PARTY has indicated which material it would like copied and produced.

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During the inspection and before the designation, all of the material made available

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for inspection shall be deemed PROTECTED. After the inspecting PARTY has

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identified the documents it wants copied and produced, the Producing PARTY must

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determine which documents, or portions thereof, qualify for protection under this

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Order, then, before producing the specified documents, the Producing PARTY must

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affix the legend “PROTECTED” at the bottom of each page that contains

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PROTECTED INFORMATION in accordance with paragraph 5(a) herein.

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b.

for information produced in other than documentary form or

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deposition testimony, that the Producing PARTY affix in a prominent place on the

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exterior of the container or containers in which the information or item is stored the

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legend “PROTECTED.” If only portions of the information or item warrant

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protection, the Producing PARTY, to the extent practicable, shall identify the

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protected portions, specifying whether they qualify as “PROTECTED.” If timely

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

-7-

ORDER ON
STIPULATED PROTECTIVE ORDER

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corrected, an inadvertent failure to designate qualified information or items as

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“PROTECTED” does not, standing alone, waive the Designating PARTY’s right to

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secure protection under this Order for such material. If material is appropriately

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designated as “PROTECTED” after the material was initially produced, the

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Receiving PARTY, on timely notification of the designation, must make reasonable

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efforts to assure that the material is treated in accordance with the provisions of this

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Order.

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6.

A PARTY may not file with the Court any PROTECTED

INFORMATION without first obtaining written permission from the Designating

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PARTY, or without meeting and conferring within a reasonable time with the

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Designating PARTY to obtain such written permission and such that the

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Designating PARTY may apply to the Court to file such information under seal, in

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compliance with Federal Rule of Civil Procedure 5.2 and Local Rule 79-5.

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7.

Nothing in this Protective Order shall bar or otherwise restrict TRIAL

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COUNSEL from rendering legal advice to the attorney’s PARTY-client with

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respect to this action, and in the course thereof, relying upon an examination of

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PROTECTED INFORMATION.

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8.

The designation of information as PROTECTED INFORMATION

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pursuant to this Protective Order shall not be construed as a concession by any

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PARTY that such information is relevant, material, or admissible as to any issue.

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Nothing in this Protective Order shall be construed as waiving any objection to the

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production of evidence or to discovery requests or subpoenas, nor shall this

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Protective Order be construed to require the production of any particular testimony,

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documents, evidence, or other information.

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9.

The termination of proceedings in this action shall not thereafter

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relieve any person to whom PROTECTED INFORMATION was disclosed from

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the obligation of maintaining the confidentiality of such information in accordance

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with the provisions of this Protective Order. Within thirty (30) days of final

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

-8-

ORDER ON
STIPULATED PROTECTIVE ORDER

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dismissal of this action (whether caused by judgment, settlement, or otherwise), and

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unless otherwise required by the PARTIES Professional Liability Insurance, the

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PARTIES and their TRIAL COUNSEL shall either: 1) assemble and return to the

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Producing PARTIES all PROTECTED INFORMATION, including all copies

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thereof (with the exception of attorney work product, pleadings, correspondence,

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and deposition transcripts (“Retained Materials”)); or 2) destroy all PROTECTED

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INFORMATION, including all copies thereof (with the exception of Retained

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Materials). If counsel is required by a policy of Professional Liability Insurance to

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maintain the PROTECTED INFORMATION produced by any PARTY, counsel

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retaining such PROTECTED INFORMATION agrees to maintain the

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confidentiality of such.

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10.

Nothing in the foregoing provisions of this Protective Order shall be

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deemed to preclude any PARTY from seeking and obtaining, on an appropriate

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showing, additional protection with respect to the confidentiality or relief from this

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Protective Order regarding matter designated as containing PROTECTED

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INFORMATION.

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11.

PROTECTED INFORMATION subject to this Protective Order shall

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be used solely and exclusively for purposes of pretrial discovery, trial, and post-trial

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proceedings, if any, in the above-captioned case, subject to the limitations

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contained herein. All persons to whom PROTECTED INFORMATION is

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disclosed, including TRIAL COUNSEL, are hereby enjoined from using said

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information for any personal, commercial, business, competitive, or other purpose

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whatsoever, including, but not limited to, trading on such information, or from

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using copies of documents obtained in this case, containing said information, in any

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other cases, proceedings, or disputes.

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12.

The PARTIES therefore acknowledge that a violation of this paragraph

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11 or any of its subparts would cause immeasurable and irreparable damage in an

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amount incapable of precise determination. Accordingly, the PARTIES agree that

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

-9-

ORDER ON
STIPULATED PROTECTIVE ORDER

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each PARTY may be entitled to injunctive relief in any court of competent

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jurisdiction for any actual or threatened violation of paragraph 11 and all of its

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subparts, in addition to any other available remedies.

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The PARTIES therefore agree that the terms of paragraph 11 and all of its
subparts are a material inducement for the execution of this Protective Order.
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Subject to rules of evidence, information designated PROTECTED

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INFORMATION may be offered in evidence at any hearing in this case. Any

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PARTY may move the Court for an order that the evidence be received in camera

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at the hearing or under other conditions to prevent unnecessary disclosure, pursuant

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to Local Rule 79-5.
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If any PARTY or other person authorized under this Protective Order

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to receive information designated as PROTECTED INFORMATION receives a

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subpoena or other document request from a non-PARTY to this Protective Order,

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seeking production or other disclosure of such information, that PARTY or person

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shall within seven (7) days give written notice by electronic mail and facsimile to

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counsel for producing PARTY identifying the information requested and enclosing

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a copy of the subpoena or document request before responding to such subpoena, to

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allow Producing PARTY to object to the production of PROTECTED

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INFORMATION. If the Producing PARTY opposes production of the information

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sought by the subpoena, then Producing PARTY may undertake such actions as it

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deems appropriate to enforce this Protective Order or oppose enforcement of the

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subpoena or document request. Nothing in the Protective Order should be

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construed to excuse any PARTY from obeying a lawfully issued subpoena or

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process.

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15.

Any PARTY may apply to the Court for a modification of this Order,

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and nothing in the order shall be deemed to prejudice their rights to seek

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modification.

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

- 10 -

ORDER ON
STIPULATED PROTECTIVE ORDER

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In the event any PARTY or non-PARTY shall violate or threaten to violate

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the terms of this Protective Order, any PARTY may apply under Local Rules 37-1

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and 37-2 to obtain relief against any such person violating, or threatening to violate

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any of the terms of this Protective Order. The PARTIES and any other person

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subject to the terms of this Protective Order stipulate that this Court shall retain

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jurisdiction over it and them for the purpose of enforcing this Protective Order, and

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further agree that the Protective Order may also be enforced in any other Court with

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competent jurisdiction.

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IT IS SO ORDERED.

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Dated: August 14, 2013

Jean P. Rosenbluth
U.S. District Court Magistrate Judge

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

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ORDER ON
STIPULATED PROTECTIVE ORDER