Nicolle Marshall v. Abbott Laboratories et al

Filing 15

PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order 14 . (san)

1

THE LAW OFFICE OF LINDA A. ALBERS
Linda A. Albers
State Bar No. 217250
2
[e-mail]
27794 Hidden Trail Road
3 LAGUNA HILLS, CALIFORNIA 92654
Telephone: [phone]
4
5

Attorney for Plaintiff NICOLLE MARSHALL

GOLDBERG KOHN LTD.
David E. Morrison (admitted pro hac vice)
[e-mail]
7
55 East Monroe Street, Suite 3300
8 Chicago, Illinois 60603
Telephone: [phone]
9 Facsimile: [phone]
ATKINSON, ANDELSON, LOYA, RUUD & ROMO
A Professional Corporation
State Bar No. 204105
11 Scott K. Dauscher
[e-mail]
12 12800 Center Court Drive South, Suite 300
Cerritos, California 90703-9364
13 Telephone: [phone]
Fax: [phone]
10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

6

14

Attorneys for Defendants Abbott Laboratories, Abbott
15 Laboratories Inc., AbbVie, Inc., and Aneta Austin
UNITED STATES DISTRICT COURT
16
CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION

17
18
19

NICOLLE MARSHALL, an individual;

Case No. SACV13-01867 JVS
(JEMx)

Plaintiff,

20

[PROPOSED] PROTECTIVE
ORDER

21

v.

22

ABBOTT LABORATORIES, a
corporation; ABBOTT
LABORATORIES, INC., which
conducts business in California as
ABBOTT SALES, MARKETING &
DISTRIBUTION CO., a corporation;
ABBVIE, INC., a corporation; ANETA
AUSTIN, an individual; and DOES 1-20,
inclusive,

23
24
25
26

Defendants.

27
28
014519.00011
12011735.1

///
-1-

Abbott Laboratories, Abbott Laboratories Inc., Abb Vie, Inc., and Aneta Austin

3

(collectively, the "Parties"), for a protective order, and in order to facilitate the

4

exchange of information and documents which may be subject to confidentiality

5

limitations on disclosure due to federal laws, state laws, and privacy rights, and in view

6

of the fact that discovery and trial will require the production and disclosure of

7

documents and testimony that contain confidential, sensitive, and/or proprietary

8

information or trade secrets requiring protection against unrestricted disclosure and use:

9

IT IS HEREBY ORDERED that the Parties' request for a protective order is granted,

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

Upon consideration of the request of Plaintiff Nicolle Marshall and Defendants

2

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1

and that, subject to a determination by this Court at any time that such information is

11

not in fact of a confidential or proprietary nature and, therefore, outside the scope of

12

this Protective Order, the following terms and conditions will govern the disclosure of

13

confidential information, production of documents and testimony during discovery and

14

trial in the above-captioned matter:

15

1.

Each document furnished in this litigation by a Party or its representatives

16

which contains or reveals any confidential business information or other confidential

17

matter may be designated CONFIDENTIAL by stamping on each page of the

18

document the legend CONFIDENTIAL INFORMATION or CONFIDENTIAL

19

(hereinafter

20

“CONFIDENTIAL”). For purposes of this Protective Order, the term “document”

21

shall include all discovery materials, such as interrogatories, requests for admission,

22

document requests, responses to the foregoing, affidavits, or other materials

23

produced or provided in discovery.

24

designated CONFIDENTIAL, as well as all materials which quote from or are based

25

upon such material (including, but not limited to briefs, other papers, and attorney

26

work product) shall be subject to the provisions of this Protective Order.

27
28
014519.00011
12011735.1

2.

referred

to

as

“CONFIDENTIAL

INFORMATION”

or

Documents and other discovery materials

Each document furnished in this litigation by a Party or its representatives

which contains or reveals any confidential business information or other confidential
-2-

matter may be designated CONFIDENTIAL by stamping on each page of the

2

document the legend CONFIDENTIAL INFORMATION or CONFIDENTIAL

3

(hereinafter

4

“CONFIDENTIAL”). For purposes of this Protective Order, the term “document”

5

shall include all discovery materials, such as interrogatories, requests for admission,

6

document requests, responses to the foregoing, affidavits, or other materials

7

produced or provided in discovery.

8

designated CONFIDENTIAL, as well as all materials which quote from or are based

9

upon such material (including, but not limited to briefs, other papers, and attorney

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1

11

referred

to

as

“CONFIDENTIAL

INFORMATION”

or

Documents and other discovery materials

work product) shall be subject to the provisions of this Protective Order.
3.

The

term

CONFIDENTIAL

INFORMATION

shall

include

all

12

information, documents, and other materials revealed or disclosed during the

13

proceedings and trial of the above matter that are designated “CONFIDENTIAL.”

14

CONFIDENTIAL INFORMATION is information that is sensitive, proprietary, or

15

of a competitive nature, as follows:

16

A.

17
18

Work histories, performance ratings, or any other evaluations
regarding Plaintiff;

B.

19

Compensation, benefits, and other financial information regarding
Plaintiff;

20

C.

Medical or health-related information concerning Plaintiff;

21

D.

Information about disciplinary actions, including terminations, taken

22
23

against the Plaintiff and the reasons therefore; and
E.

Personal information, including but not limited to the home

24

addresses, telephone numbers, and Social Security numbers of

25

Plaintiff.

26

GOOD CAUSE STATEMENT:

27
28
014519.00011
12011735.1

The unauthorized or improper use or disclosure of such confidential
information may irreparably harm Plaintiff and could expose Plaintiff to identity
-3-

1

theft or other privacy intrusions. The Protective Order is necessary to maintain the

2

confidentiality of such documents and information and is reasonable in scope. The

3

parties do not believe that any party or non-party not directly involved in the present

4

action would be unfairly prejudiced by the entry of the Protective Order to control

5

the use and disclosure of such confidential documents and information in this action.

6

4.

All documents, testimony, and other materials, or portions thereof,

such materials, as well as any duplicates, notes, memoranda, and other documents

9

referring in whole or in part to such CONFIDENTIAL INFORMATION, shall be

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

designated as CONFIDENTIAL under this Protective Order and the contents of all

8
ATKINSON, ANDELSON, LOYA, RUUD & ROMO

7

maintained in the strictest confidence by any and all counsel for the Party or Parties

11

receiving the same. Such information shall not be disclosed to any person for any

12

purpose other than for the purpose of pursuing this litigation, and in any event shall

13

not be disclosed to any person (if such person is not employed directly by counsel)

14

unless and until such person executes the “Certificate of Compliance with Protective

15

Order” attached hereto.

16

5.

A higher level of protection shall be provided for materials designated

17

HIGHLY CONFIDENTIAL or HIGHLY CONFIDENTIAL INFORMATION.

18

HIGHLY CONFIDENTIAL information is information relating to trade secrets,

19

know-how, and highly sensitive documents, testimony, or other information, as

20

follows:

21

A.

Any work histories, performance ratings, or any other evaluations

22
23

compensation benefits and other financial information regarding

24

past or present employees other than Plaintiff; medical or health-

25

related information concerning past or present employees other than

26

Plaintiff;

27

terminations, taken against past or present employees other than

28
014519.00011
12011735.1

regarding past or present employees other than Plaintiff;

Plaintiff and the reasons therefore; personal information, including

information

about

-4-

disciplinary

actions,

including

1

but not limited to the home addresses, telephone numbers, and

2

Social Security numbers of past or present employees other than

3

Plaintiff; and

4

B.

Any customer, licensee, supplier, and vendor information; pricing,
cost, and other financial or marketing information; information

6

relating to the processes, apparatus, or analytical techniques to be

7

used by a Party for its proposed commercial production of products;

8

and agreements, contracts, and proposals (in draft or final form) that

9

a Party believes in good faith could be used by a competitor to harm

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

5

its business.

11

GOOD CAUSE STATEMENT:

12

The unauthorized or improper use or disclosure of such confidential and

13

proprietary information may irreparably harm Defendants and could expose Abbott

14

employees to identity theft or other privacy intrusions. The Protective Order

15

attached hereto is necessary to maintain the confidentiality of such documents and

16

information and is reasonable in scope. The parties do not believe that any party or

17

non-party not directly involved in the present action would be unfairly prejudiced by

18

the entry of the Protective Order to control the use and disclosure of such

19

confidential and proprietary documents and information in this action.

20
21
22

6.

Access to HIGHLY CONFIDENTIAL INFORMATION shall be restricted

to the following people:
A.

Any and all counsel for the Parties herein including in-house

23

counsel, attorneys appearing as “of counsel” to a Party, and any

24

other attorneys in their firms employed to assist such attorneys in

25

connection with this action;

26
27

B.

Clerical personnel, paralegals, and other persons employed by said
attorneys in the course of assisting said attorneys;

28
014519.00011
12011735.1

-5-

1

C.

Persons employed by any independent litigation support companies

2

employed to assist said attorneys, provided that each such person

3

shall first execute a “Certificate of Compliance With Protective

4

Order” in the form attached hereto as Exhibit A;

5

D.

Experts, not regularly employed by a Party, in counseling capacity
or otherwise with any Party, insofar as the attorneys who obtain

7

such HIGHLY CONFIDENTIAL INFORMATION may deem it

8

necessary for the preparation and trial in this case to consult with

9

such experts, subject to the approval process set forth in Paragraph 6

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

6

of this Protective Order,

11

E.

Current Abbott supervisors and/or mangers; and

12

F.

Former Abbott supervisors and/or managers if it appears from the

13

face of the document that such person authored or previously

14

received a copy of it, if a foundation can be laid that establishes the

15

document was previously communicated to or received from such

16

person, or if counsel otherwise has a good faith basis to believe such

17

person has previously seen the document in question. If at any time

18

during a deposition or other examination, it appears that the former

19

Abbott supervisor and/or manager is not familiar with the document,

20

the examining attorney will forthwith remove the document from

21

the view of the witness.

22

7.

As to any and all CONFIDENTIAL INFORMATION or HIGHLY

23
24

limitation, deposition testimony, it shall be the duty of the party claiming protection

25

for such information under this Protective Order to designate that such information

26

is considered to be CONFIDENTIAL and covered by this Protective Order. Such

27

designation shall be made either on the record no later than the conclusion,

28
014519.00011
12011735.1

CONFIDENTIAL INFORMATION disclosed during discovery, including, without

termination, or suspension of the deposition at which such information is disclosed,
-6-

1

or in writing within three (3) business days after receipt of the transcript of the

2

deposition, and all testimony shall be treated as HIGHLY CONFIDENTIAL until

3

said later deadline has passed.

4

8.

All transcripts, deposition exhibits, answers to interrogatories, other

documents or portions thereof that are filed with the Court during this action which

6

previously have been properly designated by any party as comprising or containing

7

CONFIDENTIAL or HIGHLY CONFIDENTIAL INFORMATION under this

8

Protective Order, and all pleadings and memoranda purporting to reproduce,

9

paraphrase, or discuss such information, shall be filed with the Court pursuant to

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

5

11

Central District of California Local Rule 79-5.1, as follows:
A.

12
13

If a party wishes to file a document that has been designated in its
entirety as CONFIDENTIAL or ATTORNEYS ONLY:



Manually file and serve a written Application To File Under Seal or

14

In Camera, in conformance with Central District of California Local

15

Rule 79-5.1;

16



17
18

Lodge with the Clerk and serve a proposed order sealing the
document;



Lodge with the Clerk and serve the entire document, contained in an

19

8 ½-inch by 11-inch sealed envelope or other suitable sealed

20

container, with a cover sheet affixed to the envelope or container,

21

setting out the information required by Local Rule 79-5.1 and

22

prominently displaying the notation: “DOCUMENT SUBMITTED

23

UNDER SEAL”;

24



A Notice of Manual Filing shall also be electronically filed

25

identifying the documents submitted under seal that were manually

26

filed;

27
28
014519.00011
12011735.1

-7-

1



Lodge with the Clerk for delivery to the Judge’s chambers a second

2

copy of the entire document, in an identical labeled envelope or

3

container; and

4



Submit to the Clerk either a copy of the Protective Order or, under

5

the case number on the title page, type “Filed Under Seal Pursuant

6

to Protective Order,” including the date of the Protective Order.

7

B.

9

designated as CONFIDENTIAL or ATTORNEYS ONLY:


Manually File and serve an Application To File Under Seal or In

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8

If a party wishes to file a document that has been partially

Camera, in conformance with Central District of California Local

11

Rule 79-5.1;

12



Lodge with the Clerk and serve a proposed order that is narrowly

13

tailored to seal only the portion of the document which is claimed to

14

be sealable;

15



Lodge with the Clerk and serve the entire document, contained in an

16

8 ½-inch by 11-inch sealed envelope or other suitable sealed

17

container, with a cover sheet affixed to the envelope or container,

18

setting out the information required by Local Rule 79-5.1 and

19

prominently displaying the notation: “DOCUMENT SUBMITTED

20

UNDER SEAL.” The sealable portions of the document must be

21

identified by notations or highlighting within the test;

22



Lodge with the Clerk for delivery to the Judge’s chambers a second

23

copy of the entire document, in an identical labeled envelope or

24

container, with the sealable portions identified;

25



Lodge with the Clerk and serve a redacted version of the document

26

that can be filed in the public record if the Court grants the sealing

27

order.

28
014519.00011
12011735.1

-8-



1

A Notice of Manual Filing shall also be electronically filed

2

identifying the documents submitted under seal that were manually

3

filed;


4

Submit to the Clerk either a copy of the Protective Order or, under

5

the case number on the title page, type “Filed Under Seal Pursuant

6

to Protective Order,” including the date of the Protective Order.

7

C.

In the event of any conflict between Paragraph 8 (or any other

paragraph) in this proposed Stipulation for Protective Order and any applicable

9

Local Rule (including but not limited to Central District of California Local

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8

Rule 79-5.1), the Local Rule shall apply. In the event the Local Rules of the Central

11

District of California are amended, the Parties will confer to decide if changes to the

12

Confidentiality Order are necessary.

13

9.

A

Party

desiring

to

disclose

CONFIDENTIAL

or

HIGHLY

14

CONFIDENTIAL INFORMATION of another Party to a person identified in

15

Paragraphs 6(c), (d), and (f) shall first provide to the other Party a “Certificate of

16

Compliance with Protective Order” in the form attached hereto as Exhibit A signed

17

by the person intended to receive the CONFIDENTIAL or HIGHLY

18

CONFIDENTIAL information. Persons to whom disclosure of CONFIDENTIAL

19

or HIGHLY CONFIDENTIAL INFORMATION shall be made by execution and

20

delivery of a copy of Exhibit A shall be limited to the person specified in Paragraphs

21

6(c),(d) and (f) of this Protective Order, and nothing contained herein shall be

22

deemed to authorize disclosure to any other person.

23

10.

Notwithstanding the other provisions of this Protective Order, any Party

24
25

above-styled

26

CONFIDENTIAL or HIGHLY CONFIDENTIAL may subsequently elect to treat

27

such disclosed information as such upon a determination that such information is, in

28
014519.00011
12011735.1

who discloses information to any other Party during the course of discovery in the

fact, CONFIDENTIAL or proprietary.

lawsuit

without

designating

such

disclosed

information

as

The disclosing Party shall notify the

-9-

disclosed information, whereupon the receiving Party or Parties shall rank or stamp

3

the

4

CONFIDENTIAL INFORMATION with the words CONFIDENTIAL or HIGHLY

5

CONFIDENTIAL or request the disclosing Party to furnish to the receiving Party or

6

Parties a substitute set of such materials bearing an appropriate legend. Information

7

newly designated pursuant to this paragraph shall be subject to the full force and

8

effect of this Protective Order with respect to future disclosure by the receiving

9

Party; provided, however, that the receiving Party or Parties shall under no

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

receiving Party or Parties in writing of the disclosing Party’s election to so treat the

2

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1

circumstances be liable or accountable for any disclosure of the newly designated

11

information to any person during the interval between the time the new designation

12

was first provided to the receiving Party or Parties and the time at which the

13

disclosing Party so subsequently designates the information, nor shall the receiving

14

Party or Parties be required to retrieve any information distributed prior to such

15

designation.

16

newly

11.

designated

CONFIDENTIAL

INFORMATION

or

HIGHLY

Nothing herein shall prevent a Party hereto from using documents marked

17

CONFIDENTIAL or HIGHLY CONFIDENTIAL in deposing any present employee

18

of the Party which has so marked the documents in connection with the present

19

litigation.

20

documents marked CONFIDENTIAL or HIGHLY CONFIDENTIAL in a

21

deposition of a former employee of the Party which has so marked the documents in

22

connection with the present litigation, so long as that former employee is (i) the

23

author or recipient of the information marked “CONFIDENTIAL,” or (ii) based on

24

the evidence, is reasonably believed to have had access to the “CONFIDENTIAL”

25

information in the past.

26
27

12.

In addition, nothing herein shall prevent a Party hereto from using

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

bring before the Court at any time the question of:

28
014519.00011
12011735.1

- 10 -

1

A.

Whether any particular documents, materials, testimony, or

2

information should be subject to or is entitled to a higher level of

3

protection than that provided by this Protective Order,

4

B.

Whether any particular documents, materials, testimony, or

5

information has been improperly designated as CONFIDENTIAL or

6

HIGHLY CONFIDENTIAL; or

7

C.

Whether any particular documents, materials, testimony, or
information

9

CONFIDENTIAL is or is not relevant to the issues in this case.

designated

as

CONFIDENTIAL

or

HIGHLY

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8

In any such proceeding, the Party seeking the higher level of protection, asserting

11

the protection of confidentiality or the lack of relevance of the information shall

12

have the burden of establishing the same.

13

13.

All

information

designated

as

CONFIDENTIAL

or

HIGHLY

14

CONFIDENTIAL under this Protective Order shall be used only for purposes of this

15

litigation, and not for purposes of any other litigation or for any other technical,

16

commercial, or business advantage.

17

14.

Nothing herein shall be regarded as precluding use of information in a

18

document designated CONFIDENTIAL or HIGHLY CONFIDENTIAL under this

19

Protective Order which:

20

A.

21
22

is public at the time of disclosure or thereafter becomes public
(unless made public by the Party receiving such information);

B.

is or has been lawfully acquired by the receiving Party from a

23

source other than from the testimony, documents, or other material

24

designated CONFIDENTIAL or HIGHLY CONFIDENTIAL under

25

this Protective Order.

26
27

fallen into the domain, the burden of proving confidentiality shall fall on the Party

28
014519.00011
12011735.1

In any dispute regarding whether information from a confidential document has

who claims that the information has fallen into the public domain.
- 11 -

1

15.

Third parties producing documents, testimony, or other materials during

2

the course of this action may designate the same as CONFIDENTIAL

3

INFORMATION or HIGHLY CONFIDENTIAL under this Protective Order in the

4

same manner as if produced by a Party and designated hereunder.

5

16.

Documents, testimony, or other materials produced by third parties in the

HIGHLY CONFIDENTIAL INFORMATION by any Party. The Party claiming

8

protection for such information must provide notice to every other Party, within

9

three (3) business days of receipt of such information, that the information is

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

course of this action may be designated CONFIDENTIAL INFORMATION or

7

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

6

considered to be, and should be treated as, CONFIDENTIAL INFORMATION or

11

HIGHLY CONFIDENTIAL INFORMATION. All documents, testimony, or other

12

materials produced by third parties shall be treated as HIGHLY CONFIDENTIAL

13

until the three (3) business day deadline has passed with respect to each Party.

14

17.

At the conclusion of this litigation, by judgment or otherwise, all

15

information designated CONFIDENTIAL shall be returned to the producing Party

16

along with all copies thereof or shall be certified as having been destroyed, except

17

that outside trial counsel may retain one copy of such information, subject to the

18

provisions of this Protective Order.

19

CONFIDENTIAL shall be returned to the producing Party along with all copies

20

thereof, and counsel for each side shall provide an affidavit attesting that all such

21

materials have been returned. All documents prepared by counsel of record or

22

outside experts and consultants or their staffs containing summaries, abstracts, or

23

quotations of or from documents protected by this Protective Order shall, after the

24

conclusion of this litigation, be kept within the internal files of outside counsel of

25

record for the Party creating such work product documents subject to the duties of

26

confidentiality imposed by this Protective Order or be destroyed.

27
28
014519.00011
12011735.1

18.

All information designated as HIGHLY

Neither the termination of this action nor the termination of employment

of any person who had access to any CONFIDENTIAL INFORMATION or
- 12 -

1

HIGHLY CONFIDENTIAL INFORMATION shall relieve any person from the

2

obligation of maintaining both the confidentiality and the restrictions on use of

3

anything disclosed pursuant to this Protective Order.

4

19.

Pursuant to Federal Rule of Evidence 502, if materials protected from

inadvertently or unintentionally disclosed, such disclosure shall in no way prejudice

7

or otherwise constitute a waiver of, or estoppel as to, any claim of attorney-client

8

privilege, work product, or any other privilege to which the producing Party or

9

person would otherwise be entitled. If a claim of inadvertent or unintentional

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

disclosure by the attorney-client privilege, work product, or any other privilege are

6

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

5

disclosure is made pursuant to this paragraph by the disclosing Party with respect to

11

such material then in the custody of another Party, such Party shall promptly return

12

to the claiming Party or person that material as to which the claim of inadvertent or

13

unintentional production has been made. The Party returning such material may

14

then move the Court for an order compelling production of the material, but said

15

motion shall not assert as a ground for entering such an order the fact or

16

circumstances of the inadvertent or unintentional production.

17

20.

Abbott may provide Plaintiff’s counsel with materials subject to a Quick

18

Peek Agreement. In so doing, Plaintiff and Abbott agree that (1) Abbott shall make

19

agreed-upon materials available to Plaintiff’s counsel for inspection, (2) all

20

materials provided pursuant to the Quick Peek Agreement shall be treated as if

21

designated CONFIDENTIAL, (3) the provision of such information shall in no way

22

prejudice or otherwise constitute a waiver of, or estoppel as to, any claim of

23

attorney-client privilege, work product or any other privilege to which Abbott would

24

otherwise be entitled, (4) Plaintiff’s counsel shall review the information and, within

25

30-days, shall designate the information believed to be relevant and not privileged

26

or otherwise protected, and (5) following Plaintiff’s designation, Abbott shall

27

produce relevant information that is not privileged or protected.

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014519.00011
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1

21.

The production of a document or thing in whole or in part does not

2

constitute an admission that the produced document or thing, or portion thereof, is

3

relevant or is properly produced and does not constitute a waiver of the right to

4

otherwise properly withhold from production any other document or thing or to

5

object to the admissibility of such document at trial.

6

22.

Nothing in this Protective Order shall bar or otherwise restrict any attorney

and in the course thereof, referring to or relying upon such attorney’s examination of

9

HIGHLY CONFIDENTIAL INFORMATION; provided, however, that in rendering

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

from rendering advice to a party-client for the prosecution or defense of this action

8
ATKINSON, ANDELSON, LOYA, RUUD & ROMO

7

such advice and in otherwise communicating with such client, the attorney shall not

11

disclose any HIGHLY CONFIDENTIAL INFORMATION.

12

paragraph shall permit any in-house counsel not specifically named in Paragraph 3,

13

above, access to or knowledge of HIGHLY CONFIDENTIAL INFORMATION.

14

23.

Nothing in this

In the event that any person or Party subject to this Protective Order

having possession, custody, or control of any CONFIDENTIAL INFORMATION

16

or HIGHLY CONFIDENTIAL INFORMATION of any opposing Party receives

17

from a non-party a subpoena or other process to produce such information, such

18

person or Party shall promptly notify by express mail the attorneys of record of the

19

Party

20

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION sought by such

21

subpoena or other process, and shall furnish such attorneys of record with a copy of

22

said subpoena, process, or order. The Party or person receiving the subpoena or

23

other process shall make a timely objection to production of the CONFIDENTIAL

24

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION on the grounds

25

that production is precluded by this Protective Order.

26

CONFIDENTIAL

27

INFORMATION is sought by subpoena or other process shall have the

28
014519.00011
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15

responsibility, in its sole discretion and at its own cost, to move against the

claiming

such

confidential

treatment

INFORMATION

- 14 -

or

of

its

HIGHLY

CONFIDENTIAL

The Party whose
CONFIDENTIAL

subpoena or other process, or otherwise to oppose entry of an order by a court of

2

competent

3

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION. In no event

4

shall the person or Party receiving the subpoena or other process produce

5

CONFIDENTIAL

6

INFORMATION of any opposing Party in response to the subpoena or other

7

process unless and until such person or Party is ordered to do so by a court of

8

competent jurisdiction.

9

24.

jurisdiction

compelling

production

INFORMATION

or

of

the

HIGHLY

CONFIDENTIAL

CONFIDENTIAL

Upon the completion of any proceedings in this matter including appeals,

10

the Parties’ counsel shall collect all CONFIDENTIAL INFORMATION, which

11

shall be treated, respectively, as follows: (a) all documents filed in this matter under

12

seal shall remain under seal; (b) the Parties’ counsel may retain their copies of court

13

filings containing or referencing CONFIDENTIAL INFORMATION, subject to the

14

terms of this Protective Order; (c) all documents marked as “CONFIDENTIAL”

15

shall be returned to counsel for the Party who produced it (exclusive of any

16

documents

17

(“Electronically Stored Information”)); and (d) all other CONFIDENTIAL

18

INFORMATION (exclusive of any Electronically Stored Information) shall be

19

collected by the Parties’ counsel and destroyed, with written notice of destruction

20

provided to opposing counsel. With respect to Electronically Stored Information, the

21

Parties’ counsel shall make reasonable efforts to remove such Electronically Stored

22

Information from Parties’ counsels’ active systems, specifically, active email

23

servers, active document management systems, and active litigation support

24

databases. The Parties’ counsel will not be required, however, to remove such

25

Electronically Stored Information from any back up or disaster recovery systems, or

26

from any other source which is not reasonably accessible because of undue burden

27

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1

or cost.

marked

as

“CONFIDENTIAL”

28
014519.00011
12011735.1

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that

are

in

electronic

form

1

25.

Entry of this Protective Order shall not constitute a waiver by the Parties

2

of any objections to disclosure and/or production of any information during

3

discovery.

4

26.

Nothing herein shall prevent any Party from applying to the Court for a

modification of this Protective Order; or from applying to the Court for further or

6

additional protective orders; or from agreeing with the other Party to any

7

modification of this Protective Order subject to the approval of the Court. In the

8

event of any motion to modify this Protective Order, the receiving Party shall make

9

no

disclosure

of

any

CONFIDENTIAL

INFORMATION

or

HIGHLY

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

5

CONFIDENTIAL INFORMATION which is the subject of such motion until the

11

Court enters an order requiring such modification, and all appeals from such order

12

have been exhausted.

13
14

SO ORDERED, this 25TH day of March 25, 2014:

15
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17

_____________________________________
Magistrate Judge John E. McDermott

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014519.00011
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- 16 -

1

EXHIBIT A

2

State Bar No. 217250
Linda A. Albers
[e-mail]
THE LAW OFFICE OF LINDA A. ALBERS
4 27794 Hidden Trail Road
Laguna Hills, California 92654
5 Telephone: [phone]
3

6

Attorney for Plaintiff NICOLLE MARSHALL

7

David E. Morrison (pro hac vice application pending)
[e-mail]
9 GOLDBERG KOHN LTD.
55 East Monroe Street, Suite 3300
10 Chicago, Illinois 60603
11 Telephone: [phone]
Facsimile: [phone]

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8

12

Scott K. Dauscher
State Bar No. 204105
[e-mail]
ATKINSON, ADELSON, LOYA, RUUD & ROMO
14 12800 Center Court Drive, Suite 300
Cerritos, California 90703
15 Telephone: [phone]
Facsimile: [phone]
13

16
17

Attorneys for Defendants ABBOTT LABORATORIES, ABBOTT
LABORATORIES INC., ABBVIE, INC. AND ANETA AUSTIN

18

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION

19
20

NICOLLE MARSHALL,
Plaintiff,

21
22
23
24
25

Case No.SACV13-01867 JVS
(JEMx)

vs.
ABBOTT LABORATORIES,
ABBOTT LABORATORIES INC.,
which conducts business in California
as ABBOTT SALES, MARKETING &
DISTRIBUTION CO.; ABBVIE, INC.;
ANETA AUSTIN; DOES 1-20

26

Defendants.

27
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014519.00011
12011735.1

///
- 17 -

PROTECTIVE ORDER –
EXHIBIT A

1

CERTIFICATE OF COMPLIANCE WITH PROTECTIVE ORDER

2

I, _____________________, hereby certify that I have read and am fully

3

familiar

4

_______________________, by Magistrate Judge John E. McDermott in the above-

5

captioned matter, hereinafter referred to as the “Protective Order.”

with

the

provisions

of

the

Protective

Order

entered

on

other materials containing CONFIDENTIAL or HIGHLY CONFIDENTIAL

8

INFORMATION produced pursuant to the Protective Order, or my obtaining any

9

such information contained in said documents or other materials, I hereby agree to

10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

As condition precedent to my review or handling of any of the documents or

7

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

6

observe and comply with all of the provisions of the Protective Order. I understand

11

that the CONFIDENTIAL or HIGHLY CONFIDENTIAL INFORMATION and my

12

copies or notes relating thereto may only be disclosed to or discussed with those

13

persons permitted by the Protective Order to receive such information.

14

At the conclusion of my engagement in connection with this litigation, I will

15

return all materials containing CONFIDENTIAL or HIGHLY CONFIDENTIAL

16

INFORMATION, copies thereof and notes that I have prepared relating thereto, to

17

counsel of record for the Party by whom I was retained.

18

I declare under penalty of perjury of the laws of the United States of America

19

that the foregoing is true and correct and that this Certificate of Compliance is

20

executed on the _____ day of __________________, 2014 at [City or Town]

21

_______________________, and [State]______________.

22
23
24

[Signature]

25
26
27

Occupation/Job Title

28
014519.00011
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- 18 -

A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1

2

5

7

014519.00011
12011735.1

Employer

3

4

Employer’s Address

6

Home Address

8

9

10

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12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

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- 19 -

1

CERTIFICATE OF SERVICE

2

(CODE CIV. PROC. § 1013A(3))

3

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

4

I am employed in the County of Los Angeles, State of California. I am over
5 the age of 18 years and am not a party to the within action; my business address is
12800 Center Court Drive South, Suite 300,Cerritos, California 90703-9364.
6

On March 21, 2014, I hereby certify that I electronically filed the foregoing
[PROPOSED] ORDER RE STIPULATION FOR PROTECTIVE ORDER with
8 the clerk of the Court for the United States District Court by using the CM/ECF
system. I served the document(s) on the interested parties in this action by placing a
9
true copy thereof enclosed in sealed envelopes addressed as follows:
10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

7

11
12

PLEASE SEE ATTACHED SERVICE LIST


BY CM-ECF SYSTEM: I certify that all participants in the case are
registered CM/ECF users and that service will be accomplished by the CMECF system.

13
14

I declare under penalty of perjury under the laws of the State of California
15 that the foregoing is true and correct. I declare that I am employed in the office of a
member of the bar of this court at whose direction the service was made.
16
17
18
19

Executed on March 21, 2014, at Cerritos, California.
/s/ Lisa Uyesugi
Lisa Uyesugi

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24
25
26
27
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014519.00011
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-1-

1

SERVICE LIST

2

Linda A. Albers, Esq.
THE LAW OFFICE OF LINDA A.
3 ALBERS
A Professional Law Corporation
4 27794 Hidden Trail Road
Laguna Hills, CA 92653

Attorneys for Plaintiff
NICOLLE MARSHALL

David E. Morrison, Esq. (admitted pro
hac vice)
GOLDBERG KOHN LTD.
7 55 East Monroe Street, Suite 3300
Chicago, Illinois 60603

Co-Counsel for Defendants,
ABBOTT LABORATORIES,
ABBOTT LABORATORIES INC.,
ABBVIE, INC., AND ANETA AUSTIN

5
6

9
10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703-9364
TELEPHONE: [phone]
FAX: [phone]

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8

Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

Telephone: [phone]
Facsimile: [phone]
EMail:[e-mail]

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25
26
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014519.00011
12011735.1

-2-