Manuel Quevedo et al v. New Albertsons, Inc et al

Filing 25

PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth. (nbo)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION, SANTA ANA

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MANUEL QUEVEDO and ROBERT
VILLESCAS,

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Plaintiffs,
v.
NEW ALBERTSONS, INC., a
Corporation; and DOES 1 through 50,
inclusive,
Defendants.
___________________________________

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Case No. SACV13-01160 JLS (JPRx)
PROTECTIVE ORDER

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
After consideration of the written stipulation of counsel, the Court hereby
makes the following order:
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That the information contained in the documents or items produced or

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to be produced by the parties in this action in response to discovery may contain

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information which relates to non-parties to this litigation, including personal and/or

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PROTECTIVE ORDER
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confidential information, as well as confidential, proprietary and/or trade secret

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information of Defendant or third parties, and that this Protective Order is intended

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to protect such information.

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2.

All documents and/or information described above in Paragraph

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1, including information derived therefrom (hereinafter “Confidential

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Information”) produced by any party or third party pursuant to any discovery

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request, subpoena or other provision of the Federal Rules of Civil Procedure in the

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above-captioned litigation, will be covered by this Protective Order.

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3.

All confidential materials produced shall be marked

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“CONFIDENTIAL.” Only those pages of a document containing Confidential

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Information may be marked “CONFIDENTIAL.” The stamping of the legend

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“CONFIDENTIAL” is for identification purposes only, and in the event that a

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document produced is inadvertently not stamped with the legend

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“CONFIDENTIAL,” such document is still subject to the provisions of this

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Protective Order if it is later identified by any party as “CONFIDENTIAL.”

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4.

Challenging Designation of Confidential Materials. At any time after

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receipt of documents labeled as Confidential Information, the Receiving Parties

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may provide the disclosing Parties with a written objection to the classification of

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specific documents as prohibited from disclosure under this Protective Order and

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the basis for the Receiving Parties’ objection. Upon receipt of such a written

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objection, the disclosing Parties shall provide a written response to the Receiving

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Parties within five (5) business days. If the Disclosing Parties do not agree with

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the position of the Receiving Parties, the Receiving Parties shall have the option of

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proceeding with a discovery motion contesting the confidential nature of the

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disputed documents. The parties shall comply with the meet and confer

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PROTECTIVE ORDER
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requirements of the Federal Rules of Civil Procedure prior to the filing of any such

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motion, and shall strictly comply with Local Rule 37, including the joint stipulation

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provisions.

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All Confidential Information provided in accordance with this Order

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may be used for all proceedings in this matter only, including law and motion, trial

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and/or appeal. However, without limiting the above use, the dissemination of all

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such Confidential Information will be limited to the same individuals entitled to

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use/review such Confidential Information as stated herein. The Court will retain

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jurisdiction to determine whether any Confidential Information may be used before

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the Court or in the Court.
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Testimony taken at any deposition may be designated as confidential

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by making a statement to that effect on the record at the deposition. Arrangements

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shall be made by the taking party with the Court Reporter transcribing such

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proceedings to separately bind such portions of the transcript containing

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information designated as confidential, and to label such portions accordingly.

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Any request to use Confidential Information at trial or in other pretrial proceedings

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must be taken up with the District Judge at the appropriate time. Any motion to

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seal documents containing Confidential Information must be filed in compliance

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with Local Rule 79.5.

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7.

All Confidential Information produced in accordance with the Order

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shall not be used, other than in the instant case, in any deposition, legal proceeding,

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for media use/dissemination, or in any other forum, nor shall the Confidential

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Information be disseminated in any form, except by court order, or other until such

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time as the “Confidential” designation is removed by agreement of counsel for the

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parties or by further order of this Court.

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PROTECTIVE ORDER
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8.

Confidential Information shall be viewed only by: (1) the Court and

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its staff; (2) counsel of record for the receiving party, including associates, clerks,

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and secretarial staff for such parties, (3) the parties to the action including

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designated representatives of Defendant, (4) witnesses other than the parties may

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review any statement made by that witness, reports containing, referencing or

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repeating that witness’ statements, or referencing that witness, and evidentiary and

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other items referenced in their statements or reports of their statements, so long as

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that witness has agreed in writing in advance of any disclosure of Confidential

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Information to be bound by this Protective Order, (5) independent experts and

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consultants retained by Parties, and (6) any associates, assistants, and secretarial

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personnel of such experts, consultants and other persons designated by agreement

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of counsel for the parties, and so long as they have agreed in writing in advance of

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any disclosure of Confidential Information to be bound by this Protective Order.

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In the event an individual does not consent to be bound by this Protective Order,

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no disclosure of Confidential Information will be made to such individual. The

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Court and its staff may review all matters, which pertain to the discussion of the

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Confidential Information, including law and motion matters, consistent with this

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confidentiality agreement in respect to the Confidential Information.

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9.

Confidential Information produced in connection with this order shall

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not be disclosed, disseminated, or in any manner provided to the media or any

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member of the public, unless the Court has ruled that the Confidential Information

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may be divulged to the media and the public.

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10.

Those individuals authorized to review the Confidential Information

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in connection with this litigation are expressly prohibited from duplicating,

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copying or otherwise distributing, disseminating, or orally disclosing any of the

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PROTECTIVE ORDER
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disclosed Confidential Information for any purpose to any person or entity not

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permitted access herein.
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Counsel for each party shall take reasonable precautions to prevent

the unauthorized or inadvertent disclosure of Confidential Information.
12.

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In the event that the terms of this Protective Order are violated, the

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parties agree that the aggrieved party may immediately apply to this Court to

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obtain injunctive relief and sanctions against any person violating any of the terms

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of this Protective Order. This Court shall retain jurisdiction over the parties for the

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purpose of enforcing this Protective Order, and the Court shall have the power to

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modify this Protective Order at any time and to impose whatever penalties it deems

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appropriate for the violation of this Protective Order. Any request for monetary

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sanctions must be made by a properly noticed motion before the Magistrate Judge.
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This Protective Order, and the obligations of all persons thereunder,

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including those relating to the disclosure and use of Confidential Information, shall

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survive the final termination of this case, whether such termination is by

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settlement, judgment, dismissal, appeal or otherwise, until further order of the

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Court.
14.

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The Parties will preserve all such Confidential Information and

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copies thereof, and will destroy them or return them to the producing party when

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this litigation is concluded.

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PROTECTIVE ORDER
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IT IS SO ORDERED.

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Dated: April 17, 2014
______________________________
JEAN P. ROSENBLUTH
Magistrate Judge

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______________________________________________________________________________
PROTECTIVE ORDER
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