Charles Meadows, Jr. v. Accurate Background, Inc.

Filing 22

PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick re Stipulation for Protective Order 20 . (nbo)

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THOMAS P. QUINN, JR. (SBN 132268)
NOKES & QUINN APC
410 BROADWAY, STE 200
LAGUNA BEACH, CA 92651
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant ACCURATE BACKGROUND, INC.

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION

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Plaintiff,
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vs.
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ACCURATE BACKGROUND, INC., )
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Defendants.
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CHARLES MEADOWS, JR.,

Case No.: 8:15-cv-00126-CJC-DFMx

[PROPOSED] ORDER
GRANTING JOINT STIPULATED
PROTECTIVE ORDER
REGARDING PRODUCTION OF
CONFIDENTIAL INFORMATION

On January 15, 2016, Plaintiff Charles Meadows, Jr. (“Plaintiff”) and

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Defendant Accurate Background, Inc. (“Defendant”) (collectively, the “Parties”)

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filed a Joint Stipulated Protective Order Regarding Production of Confidential

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Information. Having considered the contents of the Joint Stipulated Protective

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Order Regarding Production of Confidential Information, and GOOD CAUSE

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APPEARING THEREFORE, the Joint Stipulation is hereby approved.
ORDER

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IT IS HEREBY ORDERED that the Parties shall obey the following rules

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regarding production of Confidential Information in the above-referenced matter:

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NOKES & QUINN
450 Ocean Avenue
Laguna Beach, CA 92651
[phone]

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[PROPOSED] ORDER GRANTING JOINT STIPULATED PROTECTIVE
ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION

CONFIDENTIAL INFORMATION

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1.

The Parties acknowledge that discovery in this action may require the

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disclosure of documents and other materials that are trade secret, commercially

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sensitive, proprietary, private or otherwise confidential in nature.

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2.

The Parties hereby agree that any party or non-party subject to

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discovery in this action may designate documents; deposition testimony, transcripts,

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and exhibits; responses to interrogatories; responses to requests for admission; and

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other written, recorded, or graphic information and materials produced by a party or

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non-party in the course of this action as “Confidential” (hereafter referred to as

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“Confidential Information”).
3.

“Confidential Information” is information that has not been made

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public and that refers to, describes, or consists of the disclosure of confidential,

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proprietary, or otherwise non-public business, technical, or financial information,

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employee personnel and earnings information, information protected by third-party

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privacy rights, or information which, if disclosed, will have the effect of causing

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harm to Defendant’s competitive position. The Parties acknowledge that the only

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information to be designated as Confidential Information is that which is properly

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subject to protection. The Parties will not designate as “Confidential” any

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discovery material without first making a good faith determination that such

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protection is warranted.

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4.

Any Confidential Information shall be designated “Confidential” by

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the Parties by so identifying the material with the appropriate legend. Whenever

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counsel for a party deems that any question or line of questioning calls for the

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disclosure of information that should be treated as Confidential Information, or

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when Confidential Information is used during or in connection with a deposition,

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counsel may: designate on the record prior to such disclosure that such information

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is being designated as “Confidential.” Only those portions of the transcript of the

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deposition designated “Confidential” shall be so treated.

NOKES & QUINN
450 Ocean Avenue
Laguna Beach, CA 92651
[phone]

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[PROPOSED] ORDER GRANTING JOINT STIPULATED PROTECTIVE
ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION

AUTHORIZED USE AND DISCLOSURE

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5.

All Confidential Information produced, disclosed, or exchanged in the

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course of this litigation shall be used by the Parties solely for the purpose of this

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litigation, and for no other purpose.

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6.

Any Confidential Information shall not be disclosed to any person

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without the written consent of counsel for the designating party, except that

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disclosure may be made to:

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a.

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The Parties’ counsel in this litigation and their employees,

secretaries, and paralegals, provided that each non-lawyer given access to

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Confidential Information shall be advised that such Information is being disclosed

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pursuant to, and is subject to, the terms of this Stipulation and Protective Order and

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that the Information may not be disclosed other than pursuant to the terms of this

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Joint Stipulated Protective Order;

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b.

Outside consultants or experts retained to assist counsel in this

action and their agents or employees;

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c.

Mock jury participants;

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d.

Any deposition or non-trial hearing witness in this Action who

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previously had access to the Confidential Information, or who is currently or was

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previously an officer, director, partner, member, employee, or agent of an entity

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that had access to the Confidential Information, provided that each such witness

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given access to Confidential Information shall be advised that such Information is

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being disclosed pursuant to, and is subject to, the terms of this Stipulation and

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Protective Order and that the Information may not be disclosed other than pursuant

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to the terms of this Joint Stipulated Protective Order;

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NOKES & QUINN
450 Ocean Avenue
Laguna Beach, CA 92651
[phone]

e.

Any other person the party designating the Information as

confidential agrees to in writing;
f.

Court reporters/certified shorthand reporters in this Action, even

if not provided by the Court, whether at depositions, hearings, or any other
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[PROPOSED] ORDER GRANTING JOINT STIPULATED PROTECTIVE
ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION

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proceeding; or,

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g.
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The Court, its personnel and its reporters.

Any party that seeks to make disclosure of Confidential Information

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permitted under this Order to a person listed in subparagraphs 7(a) - 7(f) above

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shall, prior to such disclosure, advise the recipient of such information of the

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contents of this Order and require each such person to whom such disclosure is

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made to execute an undertaking in the form attached hereto as Exhibit A. All such

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undertakings shall be retained by counsel for the party who discloses Confidential

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Information in this way. The Court, its personnel and its reporters do not have to

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sign the undertaking attached as Exhibit A.
8.

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The Parties shall meet and confer regarding the procedures for use of

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Confidential Information at trial and shall move the Court for entry of an

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appropriate order, which may be done orally at the final pretrial conference. The

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extent and manner in which any Confidential Information may be used at trial shall

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be decided by the Court at the final pretrial conference after all parties have had an

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opportunity to be heard. Nothing herein shall be construed to affect in any manner

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the admissibility as evidence of any information or document.
PROCEDURES FOR FILING WITH THE COURT

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9.

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Any Confidential Information that is filed with or submitted to the

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Court shall be accompanied by an application to file the papers or the portion

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thereof containing Confidential Information (if such portion is segregable) under

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seal. If any Confidential Information is submitted to the Court under seal, the party

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submitting the Confidential Information shall file a copy of the pleading containing

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the Confidential Information in redacted form. Civil Local Rule 79-5 sets forth the

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procedures that must be followed and reflects the standards that will be applied

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when a party seeks permission from the Court to file material under seal.

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NOKES & QUINN
450 Ocean Avenue
Laguna Beach, CA 92651
[phone]

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[PROPOSED] ORDER GRANTING JOINT STIPULATED PROTECTIVE
ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION

MISCELLANEOUS PROVISIONS

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10.

Entering into, agreeing to, and/or producing or receiving Confidential

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Information or otherwise complying with the terms of this Stipulated Protective

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order shall not:

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a.

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prejudice in any way the rights of the Parties to object to the

authenticity or admissibility into evidence of any Confidential Information;
b.

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prejudice in any way the rights of the Parties (or any other

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person subject to the terms of this Joint Stipulated Protective Order) to seek a

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determination by the Court of whether any particular Confidential Information

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should be subject to protection as "Confidential" under the terms of this Joint

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Stipulated Protective Order;

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c.

prejudice in any way the rights of the Parties (or any other

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person subject to the terms of this Joint Stipulated Protective Order) to seek relief

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from the Court, on appropriate notice to all other Parties to this Action, from any

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provision(s) of this Joint Stipulated Protective Order, either generally or as to any

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particular document, material, or information;
d.

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prejudice in any way the rights of the Parties to petition the

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Court for a further protective order relating to any purportedly Confidential

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Information;

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e.

prevent the Parties to this Stipulated Protective Order from

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agreeing in writing or on the record during a deposition or hearing in this action to

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alter or waive the provisions or protections provided for herein with respect to any

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particular information or material;

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f.

limit a Party’s ability to grant non-parties access to its own

Confidential Information;
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be deemed to waive any applicable privilege or work product

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protection, or to affect the ability of a party to seek relief for an inadvertent

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disclosure of material protected by privilege or work product protection; or

NOKES & QUINN
450 Ocean Avenue
Laguna Beach, CA 92651
[phone]

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[PROPOSED] ORDER GRANTING JOINT STIPULATED PROTECTIVE
ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION

h.

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prevent a party or third party from objecting to discovery which

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it believes to be improper, including objections based upon the privileged,

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confidential, or proprietary nature of the Confidential Information requested.

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If material is appropriately designated as “CONFIDENTIAL” after the

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material was initially produced, the Parties must make reasonable efforts to assure

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that the material is treated in accordance with the provisions of this Stipulated

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Protective Order. No action taken in compliance with it shall operate as an

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admission by the Parties that any particular document or information is or is not

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confidential.

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If either party objects to the claims that information should be deemed

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Confidential, that party’s counsel shall inform opposing counsel in writing within

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thirty (30) days of receipt of the Confidential materials that the information should

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not be so deemed, and the parties shall attempt first to dispose of such disputes in

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good faith and on an informal basis. At the request of an objecting party, a

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producing party that has designated any documents or other materials as

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“Confidential” shall respond with written justification for the designation and

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supporting legal citation. If the parties are unable to resolve their dispute

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informally, the producing party may present a motion to the Court, pursuant to

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Central District Local Rules 37-1 through 37-4. The producing party shall have the

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burden on any designation motion of establishing the applicability of its

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“Confidential” designation. The information shall continue to have Confidential

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status until the Court issues a decision on the motion. If the producing party does

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not file a motion within fifteen (15) business days after receipt of the Local Rule

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37-1 written request for Pre-Filing Conference of Counsel, or upon a mutually

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agreed date, the information will not be deemed Confidential.

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13.

The entry of this Stipulated Protective Order shall not be construed as

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a waiver of any right to object to the furnishing of information in response to

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discovery or to object to a requested inspection of documents or things.

NOKES & QUINN
450 Ocean Avenue
Laguna Beach, CA 92651
[phone]

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[PROPOSED] ORDER GRANTING JOINT STIPULATED PROTECTIVE
ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION

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14.

Any party may consent to have any documents or other materials it

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previously designated as “Confidential” removed from the scope of this Order by

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so notifying counsel for the other parties in writing or by so stating on the record at

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any hearing or deposition. Nothing contained in this Order shall prevent any party

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from disclosing its own Confidential Information as it deems appropriate.

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15.

The Receiving party will maintain the documents received and marked

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confidential in its secure litigation files which are destroyed after five years. Any

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copies made during the litigation will be destroyed at the end of litigation.

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The inadvertent production or disclosure of any privileged or

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otherwise protected information by any party shall not constitute, or be considered

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as a factor suggesting, a waiver or impairment of any claims of privilege or

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protection, including but not limited to, the attorney client privilege and the

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protection afforded to work product materials.

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17.

If any privileged or otherwise protected information is inadvertently

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produced, the producing party must provide written notice to any other parties that

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such information, or discovery material containing such information, has been

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inadvertently produced or disclosed. Within three (3) business days of the receipt of

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such notice, each other party shall return to the producing party all such discovery

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material and copies thereof identified in the notice in its possession, and shall make

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reasonable efforts to reclaim and return any such discovery material and

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information. The party that has inadvertently produced or disclosed such

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information shall, within ten (10) business days after such material is returned to it,

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provide a privilege log identifying the discovery material and the copies returned to

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the producing party such that the non-producing party is able to challenge the

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producing party’s claim that the discovery materials are privileged or otherwise

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protected.

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18.

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NOKES & QUINN
450 Ocean Avenue
Laguna Beach, CA 92651
[phone]

This Stipulated Protective Order may be modified by agreement of the

parties, subject to approval of the Court.
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[PROPOSED] ORDER GRANTING JOINT STIPULATED PROTECTIVE
ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION

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Nothing in this Stipulated Protective Order shall be construed as authorizing
a party to disobey a lawful subpoena issued in another action.
IT IS FURTHER ORDERED that any person who signs the Agreement
attached as Exhibit A shall also obey the provisions of the Stipulation and Order.

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IT IS SO ORDERED.

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Dated: January 20, 2016
Honorable Douglas F. McCormick
United States Magistrate Judge

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NOKES & QUINN
450 Ocean Avenue
Laguna Beach, CA 92651
[phone]

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[PROPOSED] ORDER GRANTING JOINT STIPULATED PROTECTIVE
ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION

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EXHIBIT A

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CONSENT TO BE BOUND

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I, _____________________, declare:

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1.

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My address is ___________________________________________.

My present occupation is ____________________________________________.
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I have received a copy of the JOINT STIPULATED PROTECTIVE

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ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION

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and PROTECTIVE ORDER RE PRODUCTION OF CONFIDENTIAL

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INFORMATION (collectively, the “Protective Order”) in this action entitled

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Charles Meadows, Jr. v. Accurate Background, Inc., et. al., United States District

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Court, Central District of California, Southern Division Case No. 8:15-cv-00126-

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CJC-RNB. I have carefully read the provisions of the Protective Order, I

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understand those provisions, and I agree to be bound by its terms.

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3.

I certify that I understand that the Confidential Information is provided

to me subject to the terms and restrictions of the Protective Order.
4.

I will comply with all of the provisions of the Protective Order. I will

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hold in confidence and will not copy or use except for purposes of this action any

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information designated as “Confidential” that I receive or view in this action. I

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further understand that I am to retain in a secure manner all copies of all

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Confidential Information provided to me and that all copies of such Information are

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to remain in my personal custody until termination of my participation in this

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Action, whereupon I will return the copies of such Information to the attorney who

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provided me with such Information.

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5.

I further irrevocably consent to the jurisdiction of the United States

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District Court, Central District of California, Southern Division for the limited

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purposes of any proceeding to enforce or to secure compliance with the terms of the

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Protective Order or to punish the breach of any terms of the Protective Order.

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NOKES & QUINN
450 Ocean Avenue
Laguna Beach, CA 92651
[phone]

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[PROPOSED] ORDER GRANTING JOINT STIPULATED PROTECTIVE
ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION

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I declare under penalty of perjury under the laws of the State of California

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and the United States that the foregoing is true and correct.

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Executed this day of

, 2016.

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Signature

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NOKES & QUINN
450 Ocean Avenue
Laguna Beach, CA 92651
[phone]

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[PROPOSED] ORDER GRANTING JOINT STIPULATED PROTECTIVE
ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION