Scott Tierney v. USF Reddaway Inc et al

Filing 16

PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick: See document for further information. (lwag)

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Vince M. Verde CA Bar No. 202472
[e-mail]
Natalie R. Alameddine CA Bar No. 296423
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Park Tower, Suite 1500
695 Town Center Drive
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile: 714.754.1298

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Attorneys for Defendant USF Reddaway Inc.
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SCOTT TIERNEY, an individual,

Case No. SACV15-01821 JVS (DFMx)

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Plaintiff,

STIPULATION AND PROTECTIVE
ORDER

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v.

USF REDDAWAY INC., an Oregon
corporation; and DOES 1 through 20
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Complaint Filed:
Trial Date:
Judge:

September 22, 2015
February 7, 2017
Hon. James V. Selna

Defendants.

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In order to facilitate the exchange of information and documents which may be

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confidential, private, or otherwise subject to limitations on disclosure due to federal or

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state laws, privacy rights, or otherwise, Plaintiff Scott Tierney (“Plaintiff”) and

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Defendant USF Reddaway Inc. (“Defendant”) (collectively, the “Parties”) stipulate as

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follows:

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1.

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Stipulation and
Proposed Protective

Definitions. The Parties stipulate to the following definitions:
a.

“Proceeding” means the above-entitled proceeding, Case No.

SACV15-01821 JVS (DFMx).
b.

“Court” means the District Judge James V. Selna and Magistrate

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Judge Douglas F. McCormick, or any other judge to which this Proceeding may be

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assigned, including Court staff participating in such proceedings.
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STIPULATION AND PROTECTIVE ORDER

c.

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“Confidential Materials” means any Documents, Testimony or

Information as defined below designated as “Confidential” under the provisions of this

3 Stipulation and Protective Order.

d.

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“Designating Party” means the Party that designates Materials as

5 “Confidential.”

e.

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“Disclose,” “Disclosed,” or “Disclosure” means to reveal, divulge,

7 give, or make available Materials, or any part thereof, or any information contained
8 therein.

f.

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“Documents” is synonymous in meaning and scope with the

10 definition of “documents” under Federal Rule of Civil Procedure 34(a).
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g.

“Information” means the content of Documents or Testimony.

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h.

“Testimony” means all depositions, declarations, or other

13 testimony taken or used in this Proceeding.
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2.

No Waiver of Discovery Rights and Privileges. The entry of this

15 Stipulation and Protective Order does not alter, waive, modify, or abridge any right,
16 privilege, or protection otherwise available to any Party with respect to discovery,
17 including any Party’s right to assert the attorney-client privilege, the attorney work
18 product doctrine, or other privileges, or any Party’s right to contest any such assertion.
19 Nothing herein restricts any Party’s discovery rights under the code.
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3.

Designating

Documents,

Testimony,

or

Information

as

21 “Confidential.” Any Documents, Testimony, or Information to be designated as
22 “Confidential” must be clearly so designated before the Document, Testimony, or
23 Information is Disclosed or produced.
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a.

Documents. For Documents (apart from transcripts of depositions

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Stipulation and
Proposed Protective

or other pretrial or trial proceedings), the Designating Party must affix the legend
“Confidential” on each page of any Document containing such designated Confidential

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Material. The “Confidential” designation should not obscure or interfere with the

28 legibility of the designated Information.
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STIPULATION AND PROTECTIVE ORDER

b.

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Testimony. For Testimony given in depositions the Designating

Party may either:

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i.

identify on the record, before the close of the deposition, all

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“Confidential” Testimony, by specifying all portions of the Testimony

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that qualify as “Confidential;” or

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ii.

designate the entirety of the Testimony at the deposition as

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“Confidential” (before the deposition is concluded) with the right to

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identify more specific portions of the Testimony as to which protection is

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sought within 30 days following receipt of the deposition transcript. In

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circumstances where portions of the deposition Testimony are designated

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for protection, the transcript pages containing “Confidential” Information

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may be separately bound by the court reporter, who must affix to the top

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of each page the legend “Confidential,” as instructed by the Designating

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Party.

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c.

Information. For Information produced in some form other than

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Documents, and for any other tangible items, including, without limitation, compact

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discs or DVDs, the Designating Party must affix in a prominent place on the exterior

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

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“Confidential.” If only portions of the Information or item warrant protection, the

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Designating Party, to the extent practicable, must identify the “Confidential” portions.

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4.

Inadvertent Production of Confidential Material. The inadvertent

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production by any of the undersigned Parties or non-Parties to the Proceedings of any

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Confidential Material during discovery in this Proceeding without a “Confidential”

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designation, does not waive any claim that the item is “Confidential.”

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a.

Notice. If any Confidential Material is inadvertently produced

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Stipulation and
Proposed Protective

without such designation, the Party that inadvertently produced the document must

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give written notice of the inadvertent production within 20 days of discovery of the

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inadvertent production, together with a further copy of the subject Document,
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STIPULATION AND PROTECTIVE ORDER

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Testimony, or Information designated as “Confidential” (the “Inadvertent Production

2 Notice”).

b.

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Receiving Party’s Obligations. After receiving the Inadvertent

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Production Notice, the Party that received the inadvertently produced Document,

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Testimony, or Information must promptly destroy it and all copies thereof, or return it

6 together with all copies of same to the producing Party’s counsel at the producing
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Party’s expense. Should the receiving Party choose to destroy the inadvertently

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produced Document, Testimony, or Information, the receiving Party must notify the

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producing Party in writing of such destruction within 10 days of receipt of written

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notice of the inadvertent production. If this provision conflicts with any applicable law

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or rule regarding waiver of confidentiality through the inadvertent production of

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Documents, Testimony, or Information, such law will govern.

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5.

Objecting to “Confidential” Designation. If counsel for a Party

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to this designation, counsel for the receiving Party must advise counsel for the

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Designating Party in writing of the objection(s), including the specific reasons and

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support for such objections (the “Designation Objections”). Counsel for the

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Designating Party will have 14 days from receiving the written Designation Objections

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to either (a) agree in writing to de-designate Documents, Testimony, or Information

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pursuant to the Designation Objections and/or (b) file a motion with the Court seeking

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to uphold any or all designations on Documents, Testimony, or Information addressed

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by the Designation Objections (the “Designation Motion”). Pending a resolution of the

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Designation Motion by the Court, any existing designations on the Documents,

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Testimony or Information at issue in such Motion will remain in place. The

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Designating Party will have the burden on any Designation Motion of establishing the

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Stipulation and
Proposed Protective

receiving Documents, Testimony, or Information designated as “Confidential” objects

applicability of its “Confidential” designation. If the Designation Objections are

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neither timely agreed to nor timely addressed in the Designation Motion, then such

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Documents, Testimony, or Information must be de-designated in accordance with the
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STIPULATION AND PROTECTIVE ORDER

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Designation Objection applicable to such material.
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Access to Confidential Materials. Only the following persons may view

3 Confidential Materials:
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a.

The Parties;

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b.

The Parties’ counsel, including their partners, associates,

6 paralegals, assistants, staff, employees, contractors, and outside copying services who
7 are working on this Proceeding and to whom it is necessary that the Confidential
8 Materials be Disclosed for purposes of this Proceeding;

c.

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Expert witness or consultants consulted by the Parties or their

10 counsel in connection with the Proceeding;

d.

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any person who authored, received, saw, or otherwise previously

12 knew the contents of the Confidential Material;

e.

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court reporters in this Proceeding (whether at depositions, hearings,

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f.

mediator or approved settlement officer; and

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g.

the Court.

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7.

Certification Required of Experts Before Viewing Confidential

18 Materials. Before Confidential Materials are disclosed to any expert witnesses or
19 consultants, the disclosing Party’s counsel must provide a copy of this Stipulation and
20 Protective Order to such person, explain its terms to such person, and require them to
21 sign the form attached as Exhibit A.
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8.

Use of Confidential Materials. Confidential Materials may only be used

23 by the persons receiving them and only for the purposes of preparing for, conducting,
24 participating in, or prosecuting or defending the Proceeding, and not for any other
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Stipulation and
Proposed Protective

9.

Relief from this Stipulation and Protective Order. Any Party to the

27 Proceeding (or other person subject to the terms of this Stipulation and Protective
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Order) may ask the Court, after appropriate notice to the other Parties to the
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STIPULATION AND PROTECTIVE ORDER

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Proceeding, to modify or grant relief from, any provision of this Stipulation and

2 Protective Order.
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Third-Party Designation of Documents, Testimony, or Information

4 as “Confidential.” Any Documents, Testimony, or Information that may be produced
5 by a non-Party witness in discovery in the Proceeding pursuant to subpoena or
6 otherwise may be designated by such non-Party as “Confidential” under the terms of
7 this Stipulation and Protective Order. This designation will have the same force and
8 effect, and create the same duties and obligations, as if made by one of the Parties. This
9 designation will also function as a consent by the producing Party to the authority of
10 the Court in the Proceeding to resolve any motion or other application made by any
11 person or Party regarding the designation.
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Subpoena of Confidential Materials. If any person subject to this

13 Stipulation and Protective Order who has custody of any Confidential Materials
14 receives a subpoena or other process from any government or other person or entity
15 demanding production of Confidential Materials, the recipient of the subpoena must
16 promptly notify counsel for the Designating Party by email, attaching a copy of the
17 subpoena. Upon receiving this notice, the Designating Party may, in its sole discretion
18 and at its own cost, move to quash or limit the subpoena, otherwise oppose production
19 of the Confidential Materials, and/or seek to obtain confidential treatment of such
20 Confidential Materials from the subpoenaing person or entity to the fullest extent
21 available under law. The recipient of the subpoena may not produce any Confidential
22 Materials in response to the subpoena before the date specified for production in the
23 subpoena.
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12.

Notice of Disclosure of Confidential Materials. If any non-Designating

25 Party becomes aware that any person, including the non-Designating Party, their
26 employees, witnesses, consultants, or vendors, has disclosed Confidential Materials
Stipulation and
Proposed Protective

27 other than in the manner authorized by this Stipulation and Protective Order, the non28 Designating Party must immediately notify the Designating Party and cooperate to the
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STIPULATION AND PROTECTIVE ORDER

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fullest extent possible in remedying such disclosure. The non-Designating Party

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providing notice and/or remedying the disclosure of Confidential Materials will not

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preclude the Designating Party from pursuing any remedies available under applicable

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law or procedural rules, including the imposition of sanctions against the non-

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Designating Party.

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13.

Filing of Confidential Materials. The Parties agree to comply with the

7 applicable rules of procedure and/or judge’s rules or standing order regarding the filing
8 of Confidential Materials. If no such rules exist or apply, the Parties agree to meet and
9 confer regarding the appropriate procedure for filing confidential materials before
10 filing such materials.
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14.

Use of Confidential Materials at Trial. The Parties agree to comply with

12 the applicable rules of procedure and/or judge’s rules or standing order regarding the
13 use of Confidential Materials at trial. If no such rules exist or apply, the Parties agree
14 to meet and confer regarding the appropriate procedure for using Confidential
15 Materials at trial before using such materials at trial.
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Stipulation and Protective Order Remain Binding after Proceeding

17 Ends. This Stipulation and Protective Order will continue to be binding after the
18 conclusion of this Proceeding and all subsequent proceedings arising from this
19 Proceeding, except that a Party may seek the written permission of the Designating
20 Party or may move the Court for relief from the provisions of this Stipulation and
21 Protective Order. If permitted by applicable law, the Court will retain jurisdiction to
22 enforce, modify, or reconsider this Stipulation and Protective Order, even after the
23 Proceeding ends.
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Destruction or Return of Confidential Materials after Proceeding

25 Ends. Upon written request made within 30 days after this Proceeding ends, the Parties
26 will have 30 days to either (a) promptly return to counsel for each Designating Party
Stipulation and
Proposed Protective

27 all Confidential Materials and all copies thereof (except that counsel for each Party
28 may maintain in its files, in continuing compliance with the terms of this Stipulation
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STIPULATION AND PROTECTIVE ORDER

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and Protective Order, all work product, and one copy of each pleading filed with the

2 Court and one copy of each deposition together with the exhibits marked at the
3 deposition), (b) agree with counsel for the Designating Party upon appropriate methods
4 and certification of destruction or other disposition of such Confidential Materials, or
5 (c) as to any Documents, Testimony or other Information not addressed by parts (a)
6 and (b) of this paragraph, file a motion seeking a Court order regarding proper
7 preservation of such Materials. If permitted by law, the Court will retain jurisdiction to
8 review and rule upon the motion referred to in part (c) of this paragraph.
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17.

Confidential Materials Produced Before Filing of this Stipulation and

10 Protective Order. Defendant’s counsel will promptly file this Stipulation and
11 Protective Order once it is signed by all Parties. However, the Parties agree to be bound
12 by the terms of this Stipulation and Protective Order with regard to any Confidential
13 Materials produced before such filing.
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Agreement to Be Bound Pending Court Approval of this Stipulation

15 and Protective Order. The Parties and all signatories to the Certification attached as
16 Exhibit A agree to be bound by this Stipulation and Protective Order pending its
17 approval and entry by the Court. If the Court modifies this Stipulation and Protective
18 Order, or if the Court enters a different protective order, the Parties agree to be bound
19 by this Stipulation and Protective Order until either event occurs.
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19.

Entire Agreement. This Stipulation and Protective Order represents the

21 entire agreement between the Parties with respect to the designation, handling, and use
22 of Confidential Materials.
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Stipulation and
Proposed Protective

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20.

Counterparts. This Stipulation and Protective Order may be executed in

28 counterparts.
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STIPULATION AND PROTECTIVE ORDER

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DATED: August 26, 2016

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OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.

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By: /s/ Natalie R. Alameddine

Vince M. Verde
Natalie R. Alameddine
Attorneys for Defendant USF
Reddaway Inc.

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10 DATED: August 26, 2016

AEGIS LAW FIRM, PC

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By: /s/ Ali S. Carlsen

Kashif Haque
Ali S. Carlsen
Attorneys for Plaintiff Scott Tierney

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Stipulation and
Proposed Protective

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STIPULATION AND PROTECTIVE ORDER

ORDER

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Good cause appearing therefor, the Court approves this Stipulation and
Protective Order.
IT IS SO ORDERED.

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Dated: August 26, 2016
Honorable Douglas F. McCormick

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Stipulation and
Proposed Protective

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STIPULATION AND PROTECTIVE ORDER

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EXHIBIT A

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CERTIFICATION RE CONFIDENTIAL MATERIALS

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I certify and understand that:

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1.

I have received and reviewed a copy of the Stipulation and Protective

5 Order entered in this Proceeding. I agree to be bound by its terms.
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2.

I understand and agree that any Confidential Materials provided to me in

7 this Proceeding are subject to the terms and conditions of the Stipulation and Protective
8 Order.
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3.

I agree not to disclose any Confidential Materials provided to me in this

10 Proceeding to any person or entity unless I am expressly authorized to do so under the
11 terms and conditions of the Stipulation and Protective Order, and only in the manner
12 provided by the Stipulation and Protective Order.
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4.

I understand and agree that Confidential Materials may only be used for

14 the purposes of this Proceeding and not for any other purpose.
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5.

I understand and agree that throughout my participating in this Proceeding

16 that I must store Confidential Materials in a secure manner. I further understand and
17 agree that when my participation in this Proceeding ends, I must return all Confidential
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Materials to counsel who provided me with such Confidential Materials or confirm in

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writing that I have destroyed all Confidential Materials that I received.

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

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the foregoing is true and correct. Executed this _____ day of,

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_________20__,

________________, _____________________.

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DATED:

BY: _____________________________
Signature

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_____________________________
Title and Company Name

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Stipulation and
Proposed Protective

PROOF OF SERVICE
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STIPULATION AND PROTECTIVE ORDER

at

Tierney v. USF Reddaway Inc., et al.
Case No. SACV15-01821 JVS (DFMx)

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I am and was at all times herein mentioned over the age of 18 years and not a
party to the action in which this service is made. At all times herein mentioned I have
been employed in the County of Orange in the office of a member of the bar of this
4 court at whose direction the service was made. My business address is Park Tower,
Suite 1500, 695 Town Center Drive, Costa Mesa, CA 92626.
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On August 26, 2016, I served the following document(s):

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
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(the original)
(a true copy thereof) in a sealed envelope addressed as
by placing
stated on the attached service list.
BY MAIL: I placed the envelope for collection and mailing, following our
ordinary business practices. I am readily familiar with the practice of Ogletree,
Deakins, Nash, Smoak & Stewart, P.C.’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for
collection and mailing, it is deposited in the ordinary course of business with
the United States Postal Service, in a sealed envelope with postage fully prepaid.

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BY HAND: By placing the documents in an envelope or package addressed to
the persons listed below and providing them to a professional messenger service
for delivery.

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BY OVERNIGHT DELIVERY: I placed the sealed envelope(s) or package(s)
designated by the express service carrier for collection and overnight delivery
by following the ordinary business practices of Ogletree, Deakins, Nash, Smoak
& Stewart P.C., Costa Mesa, California. I am readily familiar with Ogletree,
Deakins, Nash, Smoak & Stewart P.C.’s practice for collecting and processing
of correspondence for overnight delivery, said practice being that, in the
ordinary course of business, correspondence for overnight delivery is deposited
with delivery fees paid or provided for at the carrier’s express service offices
for next-day delivery.

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with the Clerk of the United States District Court of Central District of
California, using the CM/ECF System. The Court’s CM/ECF System will send
an e-mail notification of the foregoing filing to the following parties and counsel
of record who are registered with the Court’s CM/ECF System.

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(Federal)

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I declare that I am employed in the office of a member of the State
Bar of this Court at whose direction the service was made. I
declare under penalty of perjury under the laws of the United States
of America that the above is true and correct.

Executed on August 26, 2016, at Costa Mesa, California.
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26 Natalie R. Alameddine

/s/ Natalie R. Alameddine
Signature

Type or Print Name

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Stipulation and
Proposed Protective

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STIPULATION AND PROTECTIVE ORDER

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SERVICE LIST
Tierney v. USF Reddaway Inc., et al.
Case No. SACV15-01821 JVS (DFMx)

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AEGIS LAW FIRM, PC
Kashif Haque, SBN 218672
Ali S. Carlsen, SBN 289964
9811 Irvine Center Drive, Suite 100
Irvine, California 92618
Tel: [phone]
Fax: [phone]

Attorneys for Plaintiff,
Scott Tierney

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25900798.1

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Stipulation and
Proposed Protective

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STIPULATION AND PROTECTIVE ORDER