County of Orange v. Tata Consultancy Services Ltd et al

Filing 48

STIPULATED PROTECTIVE ORDER [CHANGES MADE BY COURT] by Magistrate Judge Jacqueline Chooljian. (sp)

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KELLEY DRYE & WARREN LLP
William A. Escobar (admitted pro hac vice)
Alaina B. Ingram (admitted pro hac vice)
101 Park Avenue
New York, New York 10178
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Allison S. Brehm (STATE BAR NO. 224029)
266771)
Joshua M. Keesan (STATE BAR NO.rd
10100 Santa Monica Boulevard, 23 Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Tata Consultancy
Services Ltd. and Defendant and
Counterclaimant Tata America
International Corporation
[ADDITIONAL PARTIES LISTED ON
SIGNATURE PAGE]
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION

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COUNTY OF ORANGE, a political
subdivision of the State of California,
Plaintiff,

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v.
TATA CONSULTANCY SERVICES
LTD., an Indian corporation; TATA
AMERICA INTERNATIONAL
CORPORATION, a New York
corporation,

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Defendants.

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Case No. SACV13-683 JLS (JCx)
(Honorable Josephine L. Staton)
STIPULATED PROTECTIVE
ORDER
[CHANGES MADE BY COURT]
DISCOVERY MATTER
[Fed R. Civ. P. 26(c)]

TATA AMERICA INTERNATIONAL
CORPORATION, a New York
corporation,

Honorable Jacqueline Chooljian
U.S. Magistrate Judge

Counterclaimant,
v.
COUNTY OF ORANGE, a political
subdivision of the State of California,

Action Filed:
Trial Date:

Counterdefendant.

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April 30, 2013
July 14, 2015

STIPULATED PROTECTIVE ORDER

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Pursuant to Federal Rules of Civil Procedure 26(c) and 29, and Local Rule

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79-5, this Stipulation and Protective Order (“Protective Order”) between Plaintiff

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and Counterdefendant County of Orange (the “County”) and Defendants Tata

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America International Corporation and Tata Consultancy Services Ltd. (together,

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“Defendants,” and collectively with the County, the “Parties”)), through their

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counsel of record, is made with respect to the following recitals:
WHEREAS, both the County’s affirmative claims set forth in its First

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Amended Complaint and Tata America’s counterclaims arise from the

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circumstances surrounding the parties’ July 15, 2008 agreement entitled “Contract

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for Professional Services For the Development and Implementation of the Property

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Tax Management System (‘PTMS’)” (the “Agreement”).

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WHEREAS, the Parties represent: Good cause exists to grant this

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Protective Order. The Parties anticipate that through the course of discovery, the

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Parties will request or otherwise be obligated to disclose confidential and

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proprietary information. In particular, the nature of the claims that the Parties are

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asserting may require the disclosure of confidential and proprietary information

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including but not limited to: (a) agreements with one or more third parties; (b)

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financial information; and (c) software, concepts, processes, and product strategies,

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some of which may involve the disclosure of trade secrets. The public disclosure of

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the foregoing information may or will put the Parties at a disadvantage if such

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information is made available and known to their competitors. The Parties wish to

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comply fully with their discovery obligations, but do not wish to compromise their

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respective legitimate interests, and the respective legitimate interests of third party

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witnesses, in the confidentiality of certain information and documentation.

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Accordingly, the Parties seek to implement a Protective Order to protect their

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interests.

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WHEREAS, this Court has authority to grant this Protective Order. Pursuant

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to Rule 26(c) of the Federal Rules of Civil Procedure, a court may make an order

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providing that “a trade secret or other confidential research, development, or

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commercial information not be revealed or be revealed only in a specified way”; and

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that the parties file specified unredacted documents or information “in sealed

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envelopes, to be opened as the court directs.” Fed. R. Civ. P. 26(c)(1). Protective

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orders serve to safeguard parties in light of the otherwise broad reach of discovery.

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U.S. v. CBS, Inc., 666 F.2d 364, 368-69 (9th Cir. 1982).
[DELETED]

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WHEREAS, in keeping with the foregoing, the Parties seek to establish

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procedures that will protect all confidential and proprietary information while

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expediting the discovery process, limiting the necessity for objections or subsequent

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motions seeking to limit discovery and facilitating the disposition by this Court of

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any disputes that may arise in connection with discovery. Accordingly, subject to

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the approval of this Court, it is hereby stipulated and agreed, by and between the

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Parties, through their respective counsel, as follows:
STIPULATION

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A.

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Writings (as that term is defined in Rule 1001 of the Federal Rules of

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Evidence) produced in discovery by any party to this litigation, and/or by third

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parties in response to document or deposition subpoenas, may be designated in

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whole or in part by any party or third party as “Confidential” pursuant to this

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Protective Order if such writings contain proprietary information, personal financial

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information, personal address or telephone information, or other information over

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which the producing party has a reasonable expectation of privacy, secrecy or

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confidentiality, provided that any third party making such designation agrees in

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writing or on the record to be bound by the terms of this Protective Order.

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Additionally, any party or third party witness may, for the same reasons, designate

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deposition testimony as “Confidential” by stating on the record that a deposition or
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portion thereof shall be treated as designated, or may make such designation

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sometime thereafter, provided that any third party making such designation agrees

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in writing or on the record to be bound by the terms of this stipulated Protective

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Order. Writings designated as “Confidential,” additional information or deposition

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testimony designated as “Confidential,” and all information derived therefrom

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(collectively, “Discovery Material”), shall be treated pursuant to the provisions set

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forth below.
B.

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Discovery Material designated as “Confidential” may be used by the

persons receiving such Discovery Material only for the purpose of this litigation.
C.

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If any party objects to the designation of Discovery Material as

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“Confidential,” and the objection cannot be resolved by agreement of counsel, the

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Discovery Material shall be treated as designated and subject to this Protective

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Order, unless otherwise ordered by the Court upon motion made by the objecting

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party in accordance with the provisions of Local Rules 37-1, et seq. The party

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designating Discovery Material as “Confidential” shall bear that burden of proof on

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any such motion.
D.

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Subject to the further conditions imposed by this Protective Order,

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Discovery Material designated as “Confidential” may be disclosed only to the

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following persons:
1.

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The Parties and their current and former officers, directors and

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employees, provided, however, that disclosure may be made only to the extent

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reasonably necessary for the prosecution or defense of this action.
2.

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Counsel for the Parties and paralegal assistants, office clerks,

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secretaries and other such personnel working under their supervision, all of whom

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shall be deemed bound by the terms of this Protective Order upon counsel’s

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signature.
3.

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In-house counsel to the Parties and paralegal assistants, office

clerks, secretaries and other such personnel working under their supervision, all of
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whom shall be deemed bound by the terms of this Protective Order upon counsel’s

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signature.
4.

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Consulting experts or expert witnesses who agree to be bound by

the terms of this Protective Order.
5.

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Witnesses or potential witnesses related to this action in

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proceedings before this Court, including depositions, provided, however, such

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witnesses may not be given a copy of, and may only be shown, Discovery Material

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designated as “Confidential.” Discovery Material designated as “Confidential” may

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be attached as a deposition exhibit provided that no witness retains a copy of a

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deposition transcript that includes such designated Discovery Material.

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Percipient witnesses.

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Court reporters and their staff, professional jury or trial

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consultants, and persons or entities that provide litigation support services (e.g.,

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photocopying, videotaping, translating, preparing exhibits or demonstrations, and

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organizing, storing or retrieving data in any form or medium) and their employees

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and subcontractors.

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Mock juries.

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The Court and administrative personnel thereof, pursuant to the

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procedures described in paragraph H and mandated by Local Rule 79-5.1 as

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modified by the presiding judges’ procedures under the Pilot Project for the

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Electronic Submission and Filing of Under Seal Documents.
10.

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Such other persons as the Parties may agree or as may be ordered

by the Court.
E.

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Prior to the disclosure of any Discovery Material designated as

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“Confidential” to any person described in paragraph D(3), D(4), D(5), D(6), and

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D(8), counsel for the party that has received and seeks to use or disclose such

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Discovery Material shall first provide such employee, expert or other person with a

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///
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copy of this Protective Order, and shall cause him or her to execute, on a second

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copy which counsel shall thereafter retain, the following acknowledgment:

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I understand that I am being given access to Discovery

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Material designated as “Confidential” pursuant to the

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foregoing Protective Order. I have read the Protective

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Order and agree to be bound by its terms with respect to

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the handling, use and disclosure of such designated

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Discovery Material.

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Dated:
F.

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/s/

Within thirty (30) days of the termination of this litigation, including

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any appeal pertaining thereto, or within ten (10) days of receipt of a written request

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from counsel to the producing party, all Discovery Material designated as

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“Confidential” and all copies thereof, other than any such materials in the

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possession/custody of the Court and its personnel, shall be destroyed or returned

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to the producing party, provided, however, that (1) any party’s counsel may retain

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his attorney work product even though it contains information designated

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“Confidential,” but such retained work product shall remain subject to the terms of

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this Protective Order; and (2) if the party has already destroyed the materials

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pursuant to this section, there shall be no obligation hereunder to return such

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materials to the producing party nor any penalty for an inability to do so. All

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Discovery Material designated as “Confidential” disclosed to any person or party

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pursuant to any provision hereof, other than any such materials in the possession/

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custody of the Court and its personnel, also shall be destroyed or returned to the

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producing party.

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G.

If any party who receives Discovery Material designated as

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“Confidential” receives a subpoena or other request seeking such Discovery

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Material, he, she or it shall immediately give written notice to opposing counsel,

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identifying the information sought and the time in which production or other
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disclosure is required, and shall object to the request or subpoena on the grounds of

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this Protective Order so as to afford opposing counsel an opportunity to obtain an

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order barring production or other disclosure, or to otherwise respond to the

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subpoena or other request for production or disclosure of Discovery Material

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designated as “Confidential.” Other than objecting on the grounds of this Protective

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Order, no party shall be obligated to seek an order barring production of Discovery

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Material designated as “Confidential.”
H.

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Any pleadings, motions, briefs, declarations, stipulations, exhibits or

other written submissions to the Court in this litigation which contain, reflect,

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incorporate or refer to Discovery Material designated as “Confidential” shall be

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submitted for filing and maintenance under seal in accordance with the

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provisions of Local Rule 79-5.1 as modified by the presiding judges’

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procedures under the Pilot Project for the Electronic Submission and Filing of

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Under Seal Documents, unless the Parties agree that such materials need not be

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sealed. The party seeking to file the unredacted Discovery Material designated as

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“Confidential” shall submit an application, along with a proposed order, seeking a

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Court order permitting the designated Discovery Material to be filed under seal in

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accordance with the foregoing provisions. [DELETED]
I.

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Any party to this action may, following the production of documents by

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a third party or a third party’s deposition, designate documents or deposition

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testimony of that third party as “Confidential” governed by this Protective Order,

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subject to any challenge to that designation made pursuant to paragraph C, above.
J.

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Nothing herein shall waive, diminish or otherwise affect any party’s

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rights to object to discovery on any grounds, including but not limited to privacy,

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relevance, privilege or undue burden.
K.

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Nothing herein shall waive, diminish or otherwise affect any party’s

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rights to object to the introduction of any Discovery Material designated as

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“Confidential” into evidence, on grounds including but not limited to relevance and
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privilege.
L.

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This Protective Order shall be without prejudice to the right of the

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Parties to present a motion to the Court for a separate protective order (in

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accordance with the provisions of Local Rules 37-1, et seq.) as to any particular

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deposition, discovery request, document or information. In addition, this Protective

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Order shall not be deemed to prejudice the Parties in any way in any future

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application for modification of this Protective Order or for relief from a party’s

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designation of a particular document or documents as “Confidential.”

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DATED: May 12, 2014

KELLEY DRYE & WARREN LLP

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By /s/ William A. Escobar
William A. Escobar
Allison S. Brehm
Joshua M. Keesan
Alaina B. Ingram
Attorneys for Defendant Tata Consultancy
Services Ltd. and Defendant and
Counterclaimant Tata America International
Corporation

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DATED: May 12, 2014

THEODORA ORINGHER PC

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By /s/ Allan L. Schare
Todd C. Theodora
Allan L. Schare
Benjamin P. Broderick
Attorneys for Plaintiff and Counterdefendant
County of Orange

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Pursuant to Local Rule 5-4.3.4(a)(2)(i), I attest that all other signatories listed,
and on whose behalf the filing is submitted, concur in the filing of this stipulation
and have authorized the filing of this stipulation.

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STIPULATED PROTECTIVE ORDER

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DATED: May 12, 2014

KELLEY DRYE & WARREN LLP

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By /s/ William A. Escobar
William A. Escobar
Allison S. Brehm
Joshua M. Keesan
Alaina B. Ingram
Attorneys for Defendant Tata Consultancy
Services Ltd. and Defendant and
Counterclaimant Tata America International
Corporation

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AS MODIFIED, IT IS SO ORDERED :

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DATED: May 30, 2014

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/s/
Hon. Jacqueline Chooljian
U.S. Magistrate Judge

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