Ortega Gamez v. Anaheim Union High School District et al

Filing 30

PROTECTIVE ORDER by Magistrate Judge Alka Sagar, re: Stipulation for Protective Order, 29 . (mz)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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VERONICA ORTEGA-GAMEZ,
Plaintiff,

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v.

ANAHEIM UNION HIGH SCHOOL
12 DISTRICT, a public entity; BRAD
JACKSON, individually and in his official
13 capacity; DR. SUSAN FERENCZ,
individually and in her official capacity;
14 Does 1-10,
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Defendants.

Case No.: 8:16-cv-01562-AG (ASx)
STIPULATED PROTECTIVE ORDER

[Jury Trial Demanded]

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At least some of the documents and information (“materials”) being disclosed

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or sought through discovery in the above-captioned action are normally kept

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confidential by the parties. The materials to be exchanged throughout the course of

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the litigation between the parties may contain financial, commercial, or insurance

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information, or private information concerning student or employee records that

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would otherwise be protected by both federal and state privacy laws, including but not

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limited to FERPA and the United States and California Constitutions, as is

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contemplated by Federal Rule of Civil Procedure 26(c)(1)(G). The purpose of this

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Order is to protect the confidentiality of such materials as much as practical during the

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litigation.

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Accordingly, the parties hereby stipulate to and petition the Court to enter the
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following Stipulated Protective Order. The parties acknowledge that this Order does

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not confer blanket protections on all disclosures or responses to discovery and that the

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protection it affords from public disclosure and use extends only to the limited

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information or items that are entitled to confidential treatment under the applicable

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legal principles. The parties further acknowledge, as set forth in Section 13 below, that

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this Stipulated Protective Order does not entitle them to file confidential information

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under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and

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the standards that will be applied when a party seeks permission from the court to file

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material under seal.

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THEREFORE:
DEFINITIONS

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1.

The term “Confidential Information” will mean and include information

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contained or disclosed in any materials, including documents, portions of documents,

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answers to interrogatories, responses to requests for admissions, trial testimony,

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deposition testimony, and transcripts of trial testimony and depositions, including

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data, summaries, and compilations derived therefrom that is deemed to be

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Confidential Information by any party to which it belongs.

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2.

The term “materials” will include, but is not limited to: medical records;

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financial records, including tax returns and schedules; documents; correspondence;

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memoranda; bulletins; minutes; telegrams; letters; statements; cancelled checks;

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contracts; drafts; worksheets; notes of conversations; desk diaries; appointment books;

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expense accounts; recordings; photographs; motion pictures; compilations from which

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information can be obtained and translated into reasonably usable form through

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detection devices; sketches; drawings; notes (including laboratory notebooks and

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records); reports; instructions; disclosures; other writings; models and prototypes and

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other physical objects.

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3.

The term “counsel” will mean outside counsel of record; other attorneys,

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paralegals, secretaries, and other support staff employed or retained by outside

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counsel of record; and in-house counsel for any party or for the insurer of any party.
GENERAL RULES

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4.

Designation of Confidential Information: Each party to this litigation

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that produces or discloses any materials, answers to interrogatories, responses to

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requests for admission, subpoenas, trial testimony, deposition testimony, and

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transcripts of trial testimony and depositions, or other information that the producing

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party believes should be subject to this Protective Order, may designate the same as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” on every page that contains Confidential Information. If the material being

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produced consists of physical materials, electronic information, or other material that

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is not subdivided into pages, the producing party shall inform the receiving party of

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the appropriate designation in writing and make a good-faith effort to ensure that the

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material is labeled in some fashion (for example, by labeling electronic media that

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contains electronic Confidential Information).

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a.

Designation as “CONFIDENTIAL”: Any party may designate

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information as “CONFIDENTIAL” only if, in the good-faith belief of such party and

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its counsel, the unrestricted disclosure of such information could be potentially

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prejudicial to the business or operations of such party.

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b.

Designation as “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY ”: Any party may designate information as “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only if, in the good-faith belief of

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such party and its counsel, the information is among that considered to be most

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sensitive by the party, including but not limited to student or employee documents,

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financial or other business information.

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c.

Mass, indiscriminate or routinized designations are prohibited.

Designations that are shown to be unjustified or that have been made for an improper
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purpose (e.g., to unnecessarily encumber or retard the case development process or to

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impose unnecessary expenses or burdens on other parties) under the Federal Rules of

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Civil Procedure and applicable law expose the designating party to sanctions.
5.

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Producing Materials for Inspection: If the producing party elects to

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produce materials for inspection, no marking need be made by the producing party

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before the initial inspection. For purposes of the initial inspection, all materials

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produced will be considered as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY,” and must be treated as such pursuant to the terms of this Order. Thereafter,

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upon selection of specified materials for copying by the inspecting party, the

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producing party must, within a reasonable time prior to producing those materials to

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the inspecting party, mark the copies of those materials that contain Confidential

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Information with the appropriate confidentiality marking.

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6.

Depositions: Whenever a deposition taken on behalf of any party

involves a disclosure of Confidential Information of any party:

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a.

The deposition or portions of the deposition must be designated as

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containing Confidential Information subject to the provisions of this Order; such

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designation must be made on the record whenever possible, but a party may designate

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portions of depositions as containing Confidential Information after transcription of

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the proceedings; a party will have until seven (7) days after receipt of the deposition

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transcript to inform the other party or parties to the action of the portions of the

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transcript to be designated “CONFIDENTIAL” or “CONFIDENTIAL - FOR

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COUNSEL ONLY.”

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b.

The disclosing party will have the right to exclude from attendance

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at the deposition, during such time as the Confidential Information is to be disclosed,

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any person other than the deponent, counsel (including their staff and associates),

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parties, the court reporter, and the person(s) agreed upon pursuant to paragraph 8

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below; and

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c.

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The originals of the deposition transcripts and all copies of the

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deposition must bear the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY,” as appropriate, and the original or any copy

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ultimately presented to a court for filing must not be filed unless it can be

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accomplished under seal, identified as being subject to this Order, and protected from

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being opened except by order of this Court.
7.

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Disclosure and Use of Confidential Information: All Confidential

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Information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” must not be disclosed by the receiving party to anyone

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other than those persons designated within this order and must be handled in the

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manner set forth below and, in any event, must not be used for any purpose other than

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in connection with this litigation, unless and until such designation is removed either

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by agreement of the parties, or by order of the Court.

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8.

Disclosure of Material Designated “CONFIDENTIAL”: Information

designated “CONFIDENTIAL” may be disclosed only to:

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a.

Counsel for the parties (as defined in paragraph 3);

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b.

The parties, including any director, officer, or employee of any

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party with a “need to know” the information;

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c.

Insurers for any party, provided that they have executed the

attached Agreement to Be Bound by Protective Order;

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d.

Experts and consultants who are providing advice in connection

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with this action, provided that they have executed the Agreement to Be Bound by

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Protective Order;

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e.

Fact witnesses or potential percipient witnesses at or in preparation

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for deposition or trial, provided that they have executed the Agreement to Be Bound

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by Protective Order;

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f.

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Professional vendors to whom disclosure is reasonably necessary

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for this litigation, provided that they have executed the Agreement to Be Bound by

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Protective Order;
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reporters and their staff;
h.

Stenographic and clerical employees associated with the

personnel;

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The Court and any other trier of fact in this action, and their

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Certified Shorthand Reporters, including deposition and Court

individuals identified above; and

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j.

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the parties or by court order.
9.

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Such other persons as may be designated by written agreement of

Disclosure of Material Designated “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY”: Information designated “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY” may be disclosed only to:

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a.

Counsel for the parties (as defined in paragraph 3);

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b.

Independent experts and consultants who are providing advice in

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connection with this action, provided that they have executed the Agreement to Be

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Bound by Protective Order;

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c.

Professional vendors to whom disclosure is reasonably necessary

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for this litigation, provided that they have executed the Agreement to Be Bound by

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Protective Order;

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d.

reporters, and their staff;

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Certified Shorthand Reporters, including deposition and Court

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The Court and any other trier of fact in this action, and their

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Stenographic and clerical employees associated with the

personnel;

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individuals identified above; and

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g.

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the parties or by court order.
10.

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Such other persons as may be designated by written agreement of

Disclosure to Authors and Recipients: With respect to material

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designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY,” any person indicated on the face of the document to be its originator,

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author or a recipient of a copy of the document from the originator or author, may be

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shown the same.

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11.

Storage of Confidential Information: All information that has been

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designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” by the producing or disclosing party, and any and all reproductions of

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that information, must be retained in the custody of the counsel for the receiving party

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identified in paragraph 3,1 except that independent experts authorized to view such

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information under the terms of this Order may retain custody of any copies necessary

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for their participation in this litigation.

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12.

Executed Agreements to Be Bound by Protective Order: The counsel of

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record who has secured any executed Agreement to Be Bound by Protective Order

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from any individual or entity shall maintain it in his or her files until the conclusion of

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this action, including any appeals. Absent counsel of record’s consent, an executed

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Agreement to Be Bound by Protective Order may be discovered only by court order.

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13.

Duty to Request Filing Under Seal: Before any materials that are

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designated as Confidential Information are filed with the Court for any purpose, the

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party seeking to file such material must seek permission of the Court to file the

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material under seal.

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Documents stored by vendors retained by outside counsel of record shall be
considered to be in the custody of outside counsel of record, provided that such
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14.

Objecting to Designations: At any stage of these proceedings, any party

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may object to a designation of information as Confidential Information. The party

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objecting to confidentiality must notify, in writing, counsel for the designating party

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of the objected-to materials and the grounds for the objection. If the dispute is not

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resolved consensually between the parties within seven (7) days of receipt of such a

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notice of objections, the party asserting confidentiality may move the Court for a

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ruling on the objection. The materials at issue must be treated as Confidential

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Information, as designated by the designating party, until the Court has ruled on the

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objection or the matter has been otherwise resolved.

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15.

Unauthorized Disclosure: All Confidential Information must be held in

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confidence by those inspecting or receiving it, and must be used only for purposes of

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this action. Counsel for each party, and each person receiving Confidential

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Information must take reasonable precautions to prevent the unauthorized or

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inadvertent disclosure of such information. If Confidential Information is disclosed to

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any person other than a person authorized by this Order, the party responsible for the

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unauthorized disclosure must immediately bring all pertinent facts relating to the

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unauthorized disclosure to the attention of the other parties and, without prejudice to

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any rights and remedies of the other parties, make every effort to prevent further

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disclosure by the party and by the person(s) receiving the unauthorized disclosure.

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16.

Failure to Designate: No party will be responsible to another party for

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disclosure of Confidential Information under this Order if the information in question

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is not labeled or otherwise identified as such in accordance with this Order.

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17.

Post-Production Designation: If a party, through inadvertence, produces

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any Confidential Information without labeling or marking or otherwise designating it

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as such in accordance with this Order, the designating party may give written notice to

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the receiving party that the document or thing produced is deemed Confidential

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Information, and that the document or thing produced should be treated as such in

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accordance with that designation under this Order. The receiving party must treat the
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materials as confidential, once the designating party so notifies the receiving party. If

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the receiving party has disclosed the materials before receiving the designation, the

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receiving party must notify the designating party in writing of each such disclosure.

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Counsel for the parties will agree on a mutually acceptable manner of labeling or

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marking the inadvertently produced materials as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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18.

Privileged Documents: Nothing within this Order will prejudice the right

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of any party to object to the production of any discovery material on the grounds that

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the material is protected as privileged or as attorney work product.

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19.

Providing Advice: Nothing in this Order will bar counsel from rendering

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advice to their clients with respect to this litigation and, in the course thereof, relying

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upon any information designated as Confidential Information, provided that the

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contents of the information must not be disclosed.

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20.

No Admission of Relevance: This Order will be without prejudice to the

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right of any party to oppose production of any information for lack of relevance or any

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other ground other than the mere presence of Confidential Information. The existence

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of this Order must not be used by any party as a basis for discovery that is otherwise

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improper under the Federal Rules of Civil Procedure.

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Disclosure Required by Law: Nothing within this Order will be

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construed to prevent disclosure of Confidential Information if such disclosure is

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required by law or by order of the Court.

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Final Disposition of Confidential Information: Upon final termination of

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this action, including any and all appeals, counsel for each party must, upon request of

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the producing party, return all Confidential Information to the party that produced the

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information, including any copies, excerpts, and summaries of that information, or

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must destroy same at the option of the receiving party, and must purge all such

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information from all machine-readable media on which it resides. Notwithstanding

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the foregoing, counsel for each party may retain all pleadings, briefs, memoranda,
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motions, and other documents filed with the Court that refer to or incorporate

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Confidential Information, and will continue to be bound by this Order with respect to

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all such retained information. Further, attorney work product materials that contain

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Confidential Information need not be destroyed, but, if they are not destroyed, the

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person in possession of the attorney work product will continue to be bound by this

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Order with respect to all such retained information.

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23.

Public Information: The restrictions and obligations set forth within this

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Order will not apply to any information that: (a) the parties agree should not be

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designated Confidential Information; (b) the parties agree, or the Court rules, is

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already in the public domain or is public knowledge; (c) the parties agree, or the Court

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rules, has become in the public domain or is public knowledge other than as a result of

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disclosure by the receiving party, its employees, or its agents, in violation of this

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Order; or (d) has come or will come into the receiving party’s legitimate knowledge

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independently of the production by the designating party. Prior knowledge must be

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established by pre-production documentation.

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Disclosure to Legitimate Recipients: The restrictions and obligations

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within this Order will not be deemed to prohibit discussions of any Confidential

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Information by anyone bound by this Order, with anyone who already has or obtains

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legitimate possession of that information.

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25.

Notice: Transmission by email or facsimile is acceptable for all

notification purposes within this Order.
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Subsequent Modification by the Parties: This Order may be modified by

agreement of the parties, subject to approval by the Court.
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Subsequent Modification by the Court: The Court may modify the terms

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and conditions of this Order for good cause, or in the interest of justice, or on its own

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order at any time in these proceedings. The parties prefer that the Court provide them

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with notice of the Court’s intent to modify the Order and the content of those

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modifications, prior to entry of such an order.
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Without a separate court order, this Order and the parties’ stipulation do not
change, amend, or circumvent any court rule or local rule.
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Sanctions: Any violation of this Order may be punished by any and all

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appropriate measures including, without limitation, contempt proceedings and/or

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monetary sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

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Dated: April 13, 2017

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By: /s/ Paul V. Carelli, IV
Daniel R. Shinoff
[e-mail]
Paul V. Carelli, IV
[e-mail]
Attorneys for Defendants
ANAHEIM UNION HIGH SCHOOL
DISTRICT, BRAD JACKSON,
AND DR. SUSAN FERENCZ

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ARTIANO SHINOFF

Dated: April 13, 2017

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DUCHROW & PIANO, LLP
By: /s/ David J.Duchrow
David J. Duchrow
[e-mail]
Jill A. Piano
[e-mail]
Attorneys for Plaintiff
VERONICA ORTEGA-GAMEZ

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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Dated: _April 17, 2017__
_/S/ Alka Sagar_____________
Hon. Alka Sagar
United States Magistrate Judge

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