Shirley Symonds v. Wyndham Vacation Ownership, Inc. et al

Filing 19

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

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Ann H. MacDonald (Pro Hac Vice)
[e-mail]
SCHIFF HARDIN LLP
233 S. Wacker Dr., Suite 6600
Chicago, IL 60606
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
Wyndham Vacation Resorts, Inc.
and Wyndham Vacation Ownership, Inc.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

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Case No.: 8:15-cv-02083-CJC-DFMx

SHIRLEY SYMONDS, an individual,

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Plaintiff,
DISCOVERY MATTER

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v.
WYNDHAM VACATION RESORTS,
INC., a California Corporation;
WYNDHAM VACATION OWNERSHIP,
INC., a California Corporation;
TIMESHARE LEGAL, LLC, a New Jersey
Limited Liability Company; and DOES 1
through 50, inclusive,

STIPULATED [PROPOSED]
PROTECTIVE ORDER

Defendants.

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STIPULATED [PROPOSED] PROTECTIVE ORDER

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Case No. 8:15-cv-02083-CJC-DFM

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATED PROTECTIVE ORDER

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It appearing that discovery in the above-captioned action is likely to involve

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the disclosure of confidential information, and upon agreement of the parties that

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the entry of this Stipulated Protective Order will expedite the flow of discovery

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materials, protect information entitled to confidential treatment, and provide

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protection only for materials so entitled, IT IS HEREBY ORDERED THAT:

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1.

Any party to this litigation and any third party shall have the right to

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designate as “Confidential” and subject to this Order any information, document, or

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thing, or portion of any document or thing that:

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competitively sensitive technical, marketing, financial, sales or other confidential

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business information; (b) contains private or confidential personal information; (c)

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contains information received from third parties that is reasonably considered

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confidential, or (d) the producing party otherwise believes in good faith to be

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entitled to protection under Rule 26(c)(1)(G) of the Federal Rules of Civil

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Procedure (“Confidential Information”). Any party to this litigation, or any third

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party covered by this Order, who produces or discloses any Confidential

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Information, including without limitation any information, document, thing,

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interrogatory answer, admission, pleading, or testimony, shall mark the same with

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the foregoing or similar legend:

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SUBJECT TO PROTECTIVE ORDER.”

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2.

(a) contains trade secrets,

“CONFIDENTIAL” or “CONFIDENTIAL –

Any party to this litigation and any third party shall have the right to

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designate as “Attorneys’ Eyes Only” and subject to this Order any information,

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document, or thing, or portion of any document or thing that contains highly

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sensitive business or personal information, the disclosure of which is highly likely

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to cause significant harm to an individual or to the business or competitive position

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of the designating party (“Attorneys’ Eyes Only Information”). Any party to this

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litigation or any third party who is covered by this Order, who produces or

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discloses any Attorneys’ Eyes Only Information, including without limitation any

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Case No. 8:15-cv-02083-CJC-DFM

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATED PROTECTIVE ORDER

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information, document, thing, interrogatory answer, admission, pleading, or

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testimony, shall mark the same with the foregoing or similar legend:

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“ATTORNEYS’ EYES ONLY” or “ATTORNEYS’ EYES ONLY – SUBJECT TO

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PROTECTIVE ORDER.”

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3.

All Confidential and Attorneys’ Eyes Only Information, together with

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any and all excerpts, notes or summaries of such information, shall be used solely

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for purposes of the prosecution or defense of this action, shall not be used for any

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business, commercial, competitive, personal or other purpose, and shall not be

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disclosed other than as provided in Paragraph 4 below (for Confidential

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Information) or as provided in Paragraph 6 below (for Attorneys’ Eyes Only

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Information), unless and until the restrictions of this Protective Order are removed

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either by written agreement of counsel for the parties, or by Order of the Court. It

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is, however, understood that counsel for a party may provide legal advice to his or

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her client in this action, solely relating to the above-captioned action, based on his

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or her evaluation of Confidential or Attorneys’ Eyes Only Information, provided

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that such advice shall not reveal the content of such Confidential or Attorneys’ Eyes

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Only Information except by prior written agreement of counsel for the parties, or by

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Order of the Court.

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4.

Confidential Information and the contents of Confidential Information

may be disclosed only to the following individuals under the following conditions:
a.

Outside counsel (defined to mean any attorney at the parties’

outside law firms) and inside counsel for the parties;
b.

Outside independent experts or consultants retained by outside

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counsel for purposes of this action, provided they have signed, in advance, a non-

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disclosure agreement in the form attached to this Order as Exhibit A, to be

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maintained for 7 years by the retaining counsel;

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c.

Secretarial, paralegal, clerical, duplicating and data processing
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Case No. 8:15-cv-02083-CJC-DFM

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATED PROTECTIVE ORDER

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personnel employed or retained by the persons described in Pars. (a) – (b) above;

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d.

The Court and court personnel;

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e.

Any deponent may be shown or examined on any information,

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document or thing designated Confidential if it appears that the witness authored or

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received a copy in the ordinary course of business, is an officer, director, employee

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or agent of the party who produced the information, document or thing, if it is

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established at the deposition that the deponent has independent knowledge of the

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information, or if the producing party consents to such disclosure, or the deponent

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otherwise agrees to be bound by the Stipulated Protective Order;

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f.

Vendors retained by or for the parties to assist in preparing for

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pretrial discovery, trial and/or hearings including, but not limited to, court reporters

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and litigation support personnel as well as their staff and clerical employees whose

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duties and responsibilities require access to such materials; and

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g.
5.

The parties.

With respect to any depositions that involve a disclosure of

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Confidential Information of a party to this action, such party shall have until thirty

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(30) days after receipt of the deposition transcript within which to inform all other

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parties that portions of the transcript are to be designated Confidential, which

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period may be extended by agreement of the parties. No such deposition transcript

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shall be disclosed to any individual other than the individuals described in

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Paragraph 4(a), (b), (c), (d), (f) and (g) above and the deponent during these thirty

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(30) days, and no individual attending such a deposition shall disclose the contents

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of the deposition to any individual other than those described in Paragraph 4(a), (b),

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(c), (d), (f) and (g) above during said thirty (30) days. Upon being informed that

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certain portions of a deposition are to be designated as Confidential, all parties shall

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immediately cause each copy of the transcript in its custody or control to be

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appropriately marked and limit disclosure of that transcript in accordance with

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Case No. 8:15-cv-02083-CJC-DFM

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATED PROTECTIVE ORDER

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Paragraphs 3 and 4.
6.

Materials produced and marked as Attorneys’ Eyes Only may be

disclosed only to the following persons under the following restrictions:

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a.

Outside counsel for the receiving party (defined to mean any

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attorney at the parties’ outside law firms who is actively participating in this

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litigation) and inside counsel for the parties;

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b.

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personnel of the foregoing;

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c.

Secretarial, paralegal, clerical, duplicating and data processing

Outside independent experts or consultants retained by outside

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counsel for purposes of this action, as well as their staff and clerical employees

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whose duties and responsibilities require access to such materials, provided that the

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outside independent expert or consultant has signed, in advance, a non-disclosure

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agreement in the form attached to this Order as Exhibit A, to be maintained for 7

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years by the retaining counsel;

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d.

The Court and court personnel, as long as any discussion or

submission is made under seal, in camera or as otherwise ordered by the Court;

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e.

Vendors retained by or for the parties to assist in preparing for

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pretrial discovery, trial and/or hearings including, but not limited to, court reporters

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and litigation support personnel, as well as their staff and clerical employees whose

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duties and responsibilities require access to such materials, provided that a

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representative of the vendor has signed, in advance, a non-disclosure agreement in

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the form attached to this Order as Exhibit A, to be maintained for 7 years by the

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retaining counsel;

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7.

If counsel for a party receiving documents or information designated

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as Confidential or Attorneys’ Eyes Only objects to such designation of any or all of

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such items, the following procedure shall apply:

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a.

Counsel for the objecting party shall serve on the designating
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Case No. 8:15-cv-02083-CJC-DFM

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATED PROTECTIVE ORDER

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party or third party a written objection to such designation, which shall describe

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with particularity the documents or information in question and shall state the

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grounds for objection.

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respond in writing to such objection within 14 days, and shall state with

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particularity the grounds for asserting that the document or information is

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Confidential or Attorneys’ Eyes Only. If no timely written response is made to the

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objection, the challenged designation will be deemed to be void unless relief is

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obtained from the Court based on a showing of good cause. If the designating party

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or nonparty makes a timely response to such objection asserting the propriety of the

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designation, counsel shall then confer in good faith in an effort to resolve the

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dispute.

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b.

Counsel for the designating party or third party shall

If a dispute as to a Confidential or Attorneys’ Eyes Only

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designation of a document or item of information cannot be resolved by agreement,

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the proponent of the designation being challenged shall present the dispute to the

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Court. Any such motion must be made in strict compliance with Local Rules 37-1

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and 37-2, including the Joint Stipulation requirement set forth therein.

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document or information that is the subject of the filing shall be treated as

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originally designated pending resolution of the motion.

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8.

The

If the need arises during trial or at any hearing before the Court for any

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party to disclose Confidential or Attorneys’ Eyes Only information, it may do so

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only after giving notice to the producing party and as directed by the Court.

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9.

To the extent consistent with applicable law, the inadvertent or

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unintentional disclosure of Confidential or Attorneys’ Eyes Only Information that

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should have been designated as such, regardless of whether the information,

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document or thing was so designated at the time of disclosure, shall not be deemed

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a waiver in whole or in part of a party’s claim of confidentiality, either as to the

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specific information, document or thing disclosed or as to any other material or

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Case No. 8:15-cv-02083-CJC-DFM

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATED PROTECTIVE ORDER

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information concerning the same or related subject matter. Such inadvertent or

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unintentional disclosure may be rectified by providing to counsel for all parties to

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whom the material was disclosed, within a reasonable amount of time after

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disclosure, written notice that the material should have been designated

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Confidential or Attorneys’ Eyes Only. Such notice shall constitute a designation of

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the information, document or thing as Confidential or Attorneys’ Eyes Only under

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this Stipulated Protective Order.

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10.

When the inadvertent or mistaken disclosure of any information,

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document or thing protected by privilege or work-product immunity is discovered

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by the producing party and brought to the attention of the receiving party, the

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receiving party’s treatment of such material shall be in accordance with Federal

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Rule of Civil Procedure 26(b)(5)(B). Such inadvertent or mistaken disclosure of

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such information, document or thing shall not by itself constitute a waiver by the

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producing party of any claims of privilege or work-product immunity. However,

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nothing in this Order restricts the right of the receiving party to challenge the

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producing party’s claim of privilege if appropriate within a reasonable time after

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receiving notice of the inadvertent or mistaken disclosure.

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11.

No information that is in the public domain, or that is already known

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by the receiving party through proper means, or that is or becomes available to a

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party from a source other than the party asserting confidentiality, rightfully in

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possession of such information on a non-confidential basis, shall be deemed or

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considered to be Confidential Information under this Stipulated Protective Order.

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This Stipulated Protective Order shall not deprive any party of its right

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to object to discovery by any other party or on any otherwise permitted ground.

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This Order is entered without prejudice to the right of any party to move the Court

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for modification or for relief from any of its terms.

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13.

This Stipulated Protective Order shall survive the termination of this
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Case No. 8:15-cv-02083-CJC-DFM

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATED PROTECTIVE ORDER

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action and shall remain in full force and effect unless modified by an Order of this

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Court or by the written stipulation of the parties filed with the Court.

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Upon final conclusion of this litigation, each party or other individual

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subject to the terms of this Order shall assemble and return to the originating source

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all originals and unmarked copies of documents and things containing Confidential

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or Attorneys’ Eyes Only Information, provided, however, that counsel may retain

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complete copies of all transcripts, exhibits and pleadings for archival purposes,

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subject to the provisions of this Stipulated Protective Order. Alternatively, the

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parties may employ appropriate methods of destruction for Confidential or

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Attorneys’ Eyes Only Information. Whether the Confidential or Attorneys’ Eyes

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Only material is returned or destroyed, the receiving party must submit a written

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certification to the producing party (and, if not the same person or entity, to the

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designating party) within sixty (60) days of final judgment that verifies all the

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protected material that was returned or destroyed and that affirms that the receiving

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party to the extent reasonably practicable has not retained any copies, abstracts,

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compilations, summaries or other forms of reproducing or capturing any of the

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protected material.

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IT IS SO ORDERED

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Dated: April 11, 2016

_________________________________
Hon. Douglas F. McCormick
United States Magistrate Judge

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Case No. 8:15-cv-02083-CJC-DFM

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATED PROTECTIVE ORDER

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EXHIBIT A TO STIPULATED PROTECTIVE ORDER

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AGREEMENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER

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I, ________________________________, declare as follows under penalty
of perjury:

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1.

My address is ____________________________________________.

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2.

My present employer is _____________________________________

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and the address of my present employment is ______________________________

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______________________________________________________________.

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3.

My present occupation or job description is _____________________

______________________________________________________________.
4.

I have carefully read and understood the provisions of the Stipulated

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Protective Order in this case, entitled Shirley Symonds v. Wyndham Vacation

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Resorts, Inc., et al., case no. 8:15-cv-02083-CJC-DFM (C.D. Cal.), signed by the

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Court, and I will comply with all provisions of the Stipulated Protective Order.

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5.

If I am shown any Confidential Information or any words, summaries,

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abstracts, or indices of Confidential Information, I will hold such information or

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material in confidence under the Stipulated Protective Order and will not disclose

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such information or material to anyone who is not permitted to see it under the

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Stipulated Protective Order.

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6.

If I am shown any Attorneys’ Eyes Only Information or any words,

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summaries, abstracts, or indices of Attorneys’ Eyes Only Information, I will hold

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such information or material in confidence under the Stipulated Protective Order

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and will not disclose such information or material to anyone not permitted to see it

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under the Stipulated Protective Order.

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Case No. 8:15-cv-02083-CJC-DFM

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATED PROTECTIVE ORDER

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7.

I will limit use of Confidential Material and Attorneys’ Eyes Only

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Information disclosed to me solely for purpose of my work in connection with the

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above-captioned lawsuit.

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8.

At a time no later than the final conclusion of the case, I will return, to

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counsel for the party for whom I was employed or retained, all Confidential

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Information, Attorneys’ Eyes Only Information, and summaries, abstracts, and

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indices of such information, as well as any documents or notes I have prepared

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relating to such information.

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Dated: _____________________

__________________________________
[Name]

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Case No. 8:15-cv-02083-CJC-DFM

S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATED PROTECTIVE ORDER