American Payroll Outsourcing, Inc. v. Southeast Personnel Leasing, Inc. et al

Filing 27

STIPULATED PROTECTIVE ORDER [CHANGES MADE TO PARAGRAPHS 1, 3, 5.2(b), 6.1, 6.3, 7.3(f), 8, 9(c), & 12.3] by Magistrate Judge Jacqueline Chooljian re Stipulated Protective Order 23 (dml)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

Bryan S. Doss, Esq. SBN 239791
John Mendonza, Esq. SBN 226793
Doss Legal Services
355 S. Grand Ave., Ste. 2450
Los Angeles, CA 90071
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff,
American Payroll Outsourcing, Inc.
Eric R. Deitz
Carrie A. Stringham
GORDON & REES, LLP
633 W. Fifth St., 52nd Fl
Los Angeles, CA 90071
e-mail: [e-mail]
e-mail: [e-mail]
Attorneys for Defendant,
South East Personnel Leasing, Inc.
Rafael G. Nendel-Flores
Patricia Matias
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC
695 Town Center Dr., Ste. 1500
Costa Mesa, CA 92626
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant,
Packard Claims Administration, Inc.

18

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

19
20
21
22

AMERICAN PAYROLL
OUTSOURCING, INC. dba APO
STAFFING, INC.,
vs.

24

SOUTH EAST PERSONNEL
LEASING INC., PACKARD
CLAIMS ADMINISTRATION, and
DOES 1 through 50,

26
27
28

Assigned to Honorable James V. Selna

Plaintiff,

23

25

Case No.: 8:17 CV00329 JVS JC

STIPULATED PROTECTIVE ORDER

Defendants.

[CHANGES MADE TO PARAGRAPHS 1,
3, 5.2(b), 6.1, 6.3, 7.3(f), 8, 9(c), & 12.3]

1
2

1.

PURPOSES AND LIMITATIONS
There is good cause for entry of this Stipulated Protective Order because

3

discovery in this action is likely to involve the production of confidential,

4

proprietary, or private information for which special protection from public

5

disclosure and from use for any purpose other than prosecuting this litigation may

6

be warranted. For example, the parties anticipate that they will produce

7

information that refers to workers compensation claimants by names, addresses,

8

their work-related injuries and may contain their social security numbers or parts

9

thereof. The claimants may have privacy interests in such information. The

10

parties may also exchange confidential information related to the defense and

11

settlement of various workers compensation claims that remain open, the public

12

disclosure of which may prejudice the parties with respect to that pending

13

litigation. In addition, the production of Defendants South East Personnel

14

Leasing, Inc. and Packard Claims Administration, Inc. (collectively,

15

“Defendants”) may contain proprietary underwriting information that Defendants

16

would not share with their competitors, such as Defendants’ pricing analysis, the

17

terms and conditions on which Defendants would accept the risk and Defendants’

18

implementation of the insurance program.

19

Accordingly, the parties hereby stipulate to and petition the Court to enter

20

the following Stipulated Protective Order. The parties acknowledge that this

21

Order does not confer blanket protections on all disclosures or responses to

22

discovery and that the protection it affords from public disclosure and use extends

23

only to the limited information or items that are entitled to confidential treatment

24

under applicable legal principles. The parties further acknowledge, as set forth in

25

Paragraph 12.3 below, that this Stipulated Protective Order does not entitle them

26

to file confidential information under seal; Civil Local Rule 79-5 sets forth the

27

procedures that must be followed and the standards that will be applied when a

28

party seeks permission from the Court to file material under seal.
Stipulated Protective Order
2

1
2
3
4

2.

DEFINITIONS
2.1.

Challenging Party: a Party or Non-Party that challenges the

designation of information or items under this Order.
2.2.

“Claim File(s)”: refers to the term of art used in the insurance

5

industry to describe the documents, information and/or tangible things (regardless

6

of how they are generated, stored or maintained) that make up the “file” kept by

7

Defendants and/or Plaintiff American Payroll Outsourcing, Inc. (“Plaintiff”) for

8

any workers compensation claims. Claim File does not refer to any documents,

9

information or tangible things (regardless of how they are generated, stored or

10

maintained) that may generally refer to a claim or claimant but are not part of the

11

actual file kept by Defendants and/or Plaintiff for any particular workers

12

compensation claim.

13

2.3

“CONFIDENTIAL” Information or Items: information and/or

14

tangible things (regardless of how they are generated, stored or maintained) that

15

qualify for protection under Federal Rule of Civil Procedure 26(c).

16
17
18

2.4.

Counsel (without qualifier): Outside Counsel of Record and In-

House Counsel (as well as their support staff).
2.5.

Designating Party: a Party or Non-Party that designates information

19

or items that it produces in disclosures or in responses to discovery as

20

“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

21

2.6.

Disclosure or Discovery Material: all items or information,

22

regardless of the medium or manner in which it is generated, stored, or

23

maintained (including, among other things, testimony, transcripts and tangible

24

things), that are produced or generated in disclosures or responses to discovery in

25

this matter.

26

2.7.

Expert: a person with specialized knowledge or experience in a

27

matter pertinent to the litigation who has been retained by a Party or its counsel to

28

serve as an expert witness or as a consultant in this action.
Stipulated Protective Order
3

1

2.8.

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or

2

Items: Claim Files, as well as information and/or tangible things (regardless of

3

how they are generated, stored or maintained) that would otherwise be exempted

4

from disclosure under California Labor Code Section 3762.

5

2.9.

In-House Counsel: attorneys who are employees of a Party to this

6

action. In-House Counsel does not include Outside Counsel of Record or any

7

other outside counsel.

8
9

2.10. Non-Party: any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.

10

2.11. Outside Counsel of Record: attorneys who are not employees of a

11

Party to this action but are retained to represent or advise a Party to this action and

12

have appeared in this action on behalf of that Party or are affiliated with a law

13

firm which has appeared on behalf of that Party.

14

2.12. Party: any party to this action, including all of its officers, directors,

15

employees, consultants, retained experts and Outside Counsel of Record (and

16

their support staffs).

17
18

2.13. Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.

19

2.14. Professional Vendors: persons or entities that provide litigation

20

support services (e.g., photocopying, videotaping, translating, preparing exhibits

21

or demonstratives and organizing, storing or retrieving data in any form or

22

medium) and their employees and subcontractors.

23

2.15. Protected Material: any Disclosure or Discovery Material that is

24

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

25

ONLY.”

26

2.16. Receiving Party: a Party that receives Disclosure or Discovery

27

Material from a Producing Party.

28

///
Stipulated Protective Order
4

1

3.

SCOPE

2

The protections conferred by this Stipulation and Order cover not only

3

Protected Material (as defined above), but also (1) any information copied or

4

extracted from Protected Material; (2) all copies, excerpts, summaries or

5

compilations of Protected Material; and (3) any deposition testimony,

6

conversations or presentations by Parties or their Counsel that might reveal

7

Protected Material, other than during a court hearing or at trial. However, the

8

protections conferred by this Stipulation and Order do not cover the following

9

information: (a) any information that is in the public domain at the time of

10

disclosure to a Receiving Party or becomes part of the public domain after its

11

disclosure to a Receiving Party as a result of publication not involving a violation

12

of this Order, including becoming part of the public record through trial or

13

otherwise; and (b) any information known to the Receiving Party prior to the

14

disclosure or obtained by the Receiving Party after the disclosure from a source

15

who obtained the information lawfully and under no obligation of confidentiality

16

to the Designating Party. Any use of Protected Material during a court hearing or

17

at trial shall be governed by the orders of the presiding judge. This Stipulation

18

and Order do not govern the use of Protected Material during a court hearing or at

19

trial.

20

4.

21

DURATION
Even after final disposition of this litigation, the confidentiality obligations

22

imposed by this Order shall remain in effect until a Designating Party agrees

23

otherwise in writing or a court order otherwise directs. “Final Disposition” shall

24

be deemed to be the later of (1) dismissal of all claims and defenses in this action,

25

with or without prejudice; and (2) final judgment herein after the completion and

26

exhaustion of all appeals, rehearings, remands, trials or reviews of this action,

27

including the time limits for filing any motions or applications for extension of

28

time pursuant to applicable law.
Stipulated Protective Order
5

1
2

5.

DESIGNATING PROTECTED MATERIAL
5.1.

Exercise of Restraint and Care in Designating Material for

3

Protection. Each Party or Non-Party that designates information or items for

4

protection under this Order must take care to limit any such designation to

5

specific material that qualifies under the appropriate standards. The Designating

6

Party must designate for protection only those parts of material, documents, items,

7

or oral or written communications that qualify – so that other portions of the

8

material, documents, items or communications for which protection is not

9

warranted are not swept unjustifiably within the ambit of this Order.

10

Mass, indiscriminate or routinized designations are prohibited. If it comes

11

to a Designating Party’s attention that information or items that it designated for

12

protection do not qualify for protection, that Designating Party must promptly

13

notify all other Parties that it is withdrawing the mistaken designation.

14

5.2.

Manner and Timing of Designations. Except as otherwise provided

15

in this Order (see, e.g., second paragraph of Paragraph 5.2(a) below), or as

16

otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies

17

for protection under this Order must be clearly so designated before the material

18

is disclosed or produced.

19
20

Designation in conformity with this Order requires:
(a)

For information in documentary form (e.g., paper or electronic

21

documents, but excluding transcripts of depositions or other pretrial or trial

22

proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or

23

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains

24

protected material.

25

A Party or Non-Party that makes original documents or materials available

26

for inspection need not designate them for protection until after the inspecting

27

Party has indicated which material it would like copied and produced. During the

28

inspection and before the designation, all of the material made available for
Stipulated Protective Order
6

1

inspection shall be deemed “CONFIDENTIAL,” or “CONFIDENTIAL –

2

ATTORNEYS’ EYES ONLY” if it concerns any potential claims information or

3

corporate financial information. After the inspecting Party has identified the

4

documents it wants copied and produced, the Producing Party must determine

5

which documents, or portions thereof, qualify for protection under this Order.

6

Then, before producing the specified documents, the Producing Party must affix

7

the “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

8

legend to each page that contains Protected Material.

9
10

(b)

For testimony given in deposition, that the Designating Party

identify on the record, before the close of the deposition, all protected testimony.

11

(c)

For information produced in some form other than

12

documentary and for any other tangible items, that the Producing Party affix in a

13

prominent place on the exterior of the container or containers in which the

14

information or item is stored the legend “CONFIDENTIAL” or

15

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or

16

portions of the information or item warrant protection, the Producing Party, to the

17

extent practicable, shall identify the protected portion(s).

18

5.3.

Inadvertent Failures to Designate. If timely corrected, an inadvertent

19

failure to designate qualified information or items does not, standing alone, waive

20

the Designating Party’s right to secure protection under this Order for such

21

material. Upon timely correction of a designation, the Receiving Party must make

22

reasonable efforts to assure that the material is treated in accordance with the

23

provisions of this Order.

24

6.

25

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1.

Timing of Challenges. Any Party or Non-Party may challenge a

26

designation of confidentiality at any time consistent with the District Judge’s

27

Scheduling Order(s). Unless a prompt challenge to a Designating Party’s

28

confidentiality designation is necessary to avoid foreseeable, substantial
Stipulated Protective Order
7

1

unfairness, unnecessary economic burdens or a significant disruption or delay of

2

the litigation, a Party does not waive its right to challenge a confidentiality

3

designation by electing not to mount a challenge promptly after the original

4

designation is disclosed.

5

6.2.

Meet and Confer. The Challenging Party shall initiate the dispute

6

resolution process by providing written notice of each designation it is

7

challenging and describing the basis for each challenge. To avoid ambiguity as to

8

whether a challenge has been made, the written notice must recite that the

9

challenge to confidentiality is being made in accordance with this specific

10

Paragraph of this Stipulated Protective Order. The Parties shall attempt to resolve

11

each challenge in good faith and must begin the process by conferring directly (in

12

voice to voice dialogue; other forms of communication are not sufficient) within

13

10 days of the date of service of notice. In conferring, the Challenging Party must

14

explain the basis for its belief that the confidentiality designation was not proper

15

and must give the Designating Party an opportunity to review the designated

16

material, to reconsider the circumstances, and, if no change in designation is

17

offered, to explain the basis for the chosen designation. A Challenging Party may

18

proceed to the next stage of the challenge process only if it has engaged in this

19

meet and confer process first or establishes that the Designating Party is unwilling

20

to participate in the meet and confer process in a timely manner.

21

6.3.

Judicial Intervention. If the Parties cannot resolve a challenge

22

without court intervention, the Designating Party shall file and serve a motion to

23

retain confidentiality (in compliance with Civil Local Rules 37-1, 37-2, and 79-5)

24

within 21 days of the initial notice of challenge or within 14 days of the Parties

25

agreeing that the meet and confer process will not resolve their dispute, whichever

26

is earlier. Any motion brought pursuant to this provision is subject to Civil Local

27

Rules 37-1 and 37-2, including, but not limited to, the requirement that a joint

28

stipulation shall be filed and served with the notice of motion. Each such motion
Stipulated Protective Order
8

1

must be accompanied by a competent declaration affirming that the movant has

2

complied with the meet and confer requirements imposed in the preceding

3

Paragraph. Failure by the Designating Party to make such a motion including the

4

required declaration within 21 days (or 14 days, if applicable) shall automatically

5

waive the confidentiality designation for each challenged designation. In

6

addition, the Challenging Party may file a motion challenging a confidentiality

7

designation at any time consistent with the District Judge’s Scheduling Order(s) if

8

there is good cause for doing so, including a challenge to the designation of a

9

deposition transcript or any portions thereof. Any motion brought pursuant to this

10

provision must be accompanied by a competent declaration affirming that the

11

movant has complied with the meet and confer requirements imposed by the

12

preceding Paragraph.

13

The burden of persuasion in any such challenge proceeding shall be on the

14

Designating Party. Unless the Designating Party has waived the confidentiality

15

designation by failing to file a motion to retain confidentiality as described above,

16

all Parties shall continue to afford the material in question the level of protection

17

to which it is entitled under the Producing Party’s designation until the Court

18

rules on the challenge.

19

7.

20

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1.

Basic Principles. A Receiving Party may use Protected Material that

21

is disclosed or produced by another Party or by a Non-Party in connection with

22

this case only for prosecuting, defending or attempting to settle this litigation.

23

Such Protected Material may be disclosed only to the categories of persons and

24

under the conditions described in this Order. When the litigation has been

25

terminated, a Receiving Party must comply with the provisions of Paragraph 13

26

below (FINAL DISPOSITION).

27

///

28

///
Stipulated Protective Order
9

1

Protected Material must be stored and maintained by a Receiving Party at a

2

location and in a secure manner that ensures that access is limited to the persons

3

authorized under this Order.

4

7.2.

Disclosure of “CONFIDENTIAL” Information or Items. Unless

5

otherwise ordered by the Court or permitted in writing by the Designating Party, a

6

Receiving Party may disclose any information or item designated

7

“CONFIDENTIAL” only to:

8

(a)

9
10
11

The Receiving Party’s Outside Counsel of Record in this

action, as well as employees of said Outside Counsel of Record to whom it is
reasonably necessary to disclose the information for this litigation;
(b)

The officers, directors and employees (including In-House

12

Counsel) of the Receiving Party to whom disclosure is reasonably necessary for

13

this litigation;

14

(c)

Experts (as defined in this Order) of the Receiving Party to

15

whom disclosure is reasonably necessary for this litigation and who have signed

16

the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

17

(d)

The Court and its personnel;

18

(e)

Court reporters, Professional Vendors and their staffs;

19

(f)

Professional jury or trial consultants or mock jurors to whom

20

disclosure is reasonably necessary for this litigation and who have signed the

21

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

22

(g)

During their depositions, witnesses in the action to whom

23

disclosure is reasonably necessary. Pages of transcribed deposition testimony or

24

exhibits to depositions that reveal Protected Material may not be disclosed to

25

anyone except as permitted under this Stipulated Protective Order. The Parties

26

will endeavor to have the witness sign and execute the “Acknowledgment and

27

Agreement to Be Bound” (Exhibit A), but their refusal to execute will not prevent

28

them from being questioned regarding the Protected Material; and
Stipulated Protective Order
10

1

(h)

The author or recipient of a document containing the

2

information or a custodian or other person who otherwise possessed or knew the

3

information.

4

7.3.

Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

5

Information or Items. Unless otherwise ordered by the Court or permitted in

6

writing by the Designating Party, a Receiving Party may disclose any information

7

or item designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

8
9
10

(a)

The Receiving Party’s Outside Counsel of Record in this

action, as well as employees of said Outside Counsel of Record to whom it is
reasonably necessary to disclose the information for this litigation;

11

(b)

Experts (as defined in this Order) of the Receiving Party to

12

whom disclosure is reasonably necessary for this litigation and who have signed

13

the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

14

(c)

The Court and its personnel;

15

(d)

Court reporters, Professional Vendors and their staffs; and

16

(e)

Professional jury or trial consultants or mock jurors to whom

17

disclosure is reasonably necessary for this litigation and who have signed the

18

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

19

(f)

During their depositions, witnesses in the action to whom

20

disclosure is reasonably necessary. Pages of transcribed deposition testimony or

21

exhibits to depositions that reveal Protected Material may not be disclosed to

22

anyone except as permitted under this Stipulated Protective Order. The Parties

23

will endeavor to have the witness sign and execute the “Acknowledgment and

24

Agreement to Be Bound” (Exhibit A), but the witness’s refusal to execute will not

25

prevent the witness from being questioned regarding the Protected Material.

26

However, it is understood that “CONFIDENTIAL – ATTORNEYS’ EYES

27

ONLY” information will not be disclosed to people who are identified in category

28

///
Stipulated Protective Order
11

1

7.2(b) above [the officers, directors and employees (including In-House Counsel)

2

of the Receiving Party]; and

3

(g)

The author or recipient of a document containing the

4

information or a custodian or other person who otherwise possessed or knew the

5

information.

6

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

7

IN OTHER LITIGATION

8

If a Party is served with a subpoena or a court order issued in other

9

litigation that compels disclosure of any information or items designated in this

10

action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

11

ONLY,” that Party must:

12
13

(a)

Promptly notify in writing the Designating Party. Such

notification shall include a copy of the subpoena or court order;

14

(b)

Promptly notify in writing the party who caused the subpoena

15

or order to issue in the other litigation that some or all of the material covered by

16

the subpoena or order is subject to this Stipulated Protective Order. Such

17

notification shall include a copy of this Stipulated Protective Order; and

18
19

(c)

Cooperate with respect to all reasonable procedures sought to

be pursued by the Designating Party whose Protected Material may be affected.

20

If the Designating Party timely seeks a protective order, the Party served

21

with the subpoena or court order shall not produce any information designated in

22

this action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

23

ONLY” before a determination by the Court from which the subpoena or order

24

issued, unless the Party has obtained the Designating Party’s permission or unless

25

otherwise required by the law or court order. The Designating Party shall bear the

26

burden and expense of seeking protection in that court of its “CONFIDENTIAL”

27

or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material – and nothing in

28

///
Stipulated Protective Order
12

1

these provisions should be construed as authorizing or encouraging a Receiving

2

Party in this action to disobey a lawful directive from another court.

3

9.

4
5

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced

6

by a Non-Party in this action and designated as “CONFIDENTIAL” or

7

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced

8

by Non-Parties in connection with this litigation is protected by the remedies and

9

relief provided by this Order. Nothing in these provisions should be construed as

10
11

prohibiting a Non-Party from seeking additional protections.
(b)

In the event that a Party is required, by a valid discovery

12

request, to produce a Non-Party’s “CONFIDENTIAL” or “CONFIDENTIAL –

13

ATTORNEYS’ EYES ONLY” information in its possession, and the Party is

14

subject to an agreement with the Non-Party not to produce the Non-Party’s

15

“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

16

information, then the Party shall:

17

(1)

Promptly notify in writing the Requesting Party and the

18

Non-Party that some or all of the information requested is subject to a

19

confidentiality agreement with a Non-Party;

20

(2)

Promptly provide the Non-Party with a copy of the

21

Stipulated Protective Order in this litigation, the relevant discovery request(s), and

22

a reasonably specific description of the information requested; and

23
24
25

(3)

Make the information requested available for inspection

by the Non-Party.
(c)

If a Non-Party represented by counsel fails to commence the

26

process called for by Local Rules 45-1 and 37-1, et seq. within 14 days of

27

receiving the notice and accompanying information or fails contemporaneously to

28

notify the Receiving Party that it has done so, the Receiving Party may produce
Stipulated Protective Order
13

1

the Non-Party’s “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’

2

EYES ONLY” information responsive to the discovery request. If an

3

unrepresented Non-Party fails to seek a protective order from this court within 14

4

days of receiving the notice and accompanying information, the Receiving Party

5

may produce the Non-Party’s “CONFIDENTIAL” or “CONFIDENTIAL –

6

ATTORNEYS’ EYES ONLY” information responsive to the discovery request.

7

If the Non-Party timely seeks a protective order, the Receiving Party shall not

8

produce any information in its possession or control that is subject to the

9

confidentiality agreement with the Non-Party before a determination by the court

10

unless otherwise required by the law or court order. Absent a court order to the

11

contrary, the Non-Party shall bear the burden and expense of seeking protection in

12

this court of its Protected Material.

13

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

14

If a Receiving Party learns that, by inadvertence or otherwise, it has

15

disclosed Protected Material to any person or in any circumstance not authorized

16

under this Stipulated Protective Order, the Receiving Party must immediately

17

(a) notify the Designating Party in writing of the unauthorized disclosures, (b) use

18

its best efforts to retrieve all unauthorized copies of the Protected Material,

19

(c) inform the person or persons to whom unauthorized disclosures were made of

20

all the terms of this Order, and (d) request such person or persons to execute the

21

“Acknowledgment and Agreement to Be Bound” that is attached hereto as

22

Exhibit A.

23

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

24

PROTECTED MATERIAL

25

When a Producing Party gives notice to Receiving Parties that certain

26

inadvertently produced material is subject to a claim of privilege or other

27

protection, the obligations of the Receiving Parties are those set forth in Federal

28

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
Stipulated Protective Order
14

1

whatever procedure may be established in an e-discovery order that provides for

2

production without prior privilege review. Pursuant to Federal Rule of Evidence

3

502(d) and (e), insofar as the Parties reach an agreement on the effect of

4

disclosure of a communication or information covered by the attorney-client

5

privilege or work product protection, the Parties may incorporate their agreement

6

in the stipulated protective order submitted to the Court.

7

12.

8
9

MISCELLANEOUS
12.1. Right to Further Relief. Nothing in this Order abridges the right of

any person to seek its modification by the Court in the future.

10

12.2. Right to Assert Other Objections. By stipulating to the entry of this

11

Stipulated Protective Order, no Party waives any right it would otherwise have to

12

object to disclosing or producing any information or item on any ground not

13

addressed in this Stipulated Protective Order. Similarly, no Party waives any

14

right to object on any ground to the use in evidence of any of the material covered

15

by this Stipulated Protective Order.

16

12.3. Filing Protected Material. Without a court order secured after

17

appropriate notice to all interested persons, a Party may not file any Protected

18

Material in the public record in this action. A Party that seeks to file any

19

Protected Material under seal must comply with Civil Local Rule 79-5. Protected

20

Material may only be filed under seal pursuant to a court order authorizing the

21

sealing of the specific Protected Material at issue. If a Receiving Party’s request

22

to file Protected Material under seal pursuant to Civil Local Rule 79-5 is denied

23

by the Court, then the Receiving Party may file the information in the public

24

record, unless otherwise instructed by the Court.

25

13.

26

FINAL DISPOSITION
Within 60 days after the Final Disposition of this action, as defined in

27

Paragraph 4, each Receiving Party must return all Protected Material to the

28

Producing Party or destroy such material. As used in this subdivision, “all
Stipulated Protective Order
15

1

Protected Material” includes all copies, abstracts, compilations, summaries and

2

any other format reproducing or capturing any of the Protected Material. Whether

3

the Protected Material is returned or destroyed, the Receiving Party must submit a

4

written certification to the Producing Party (and, if not the same person or entity,

5

to the Designating Party) by the 60 day deadline that (1) identifies (by category,

6

where appropriate) all the Protected Material that was returned or destroyed, and

7

(2) affirms that the Receiving Party has not retained any copies, abstracts,

8

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

9

Protected Material. Notwithstanding this provision, Counsel are entitled to retain

10

an archival copy of all pleadings, motion papers, trial, deposition and hearing

11

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

12

reports, attorney work product and consultant and expert work product, even if

13

such materials contain Protected Material. Any such archival copies that contain

14

or constitute Protected Material remain subject to this Stipulated Protective Order

15

as set forth in Paragraph 4 (DURATION).

16

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

17

DATED:

November 15, 2017

DOSS LEGAL SERVICES
By: _____/s/ Bryan S. Doss ____________
BRYAN S. DOSS
JOHN MENDONZA
Attorneys for Plaintiff,
AMERICAN PAYROLL
OUTSOURCING, INC. dba APO
STAFFING, INC.

DATED:

November 15, 2017

OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, PC

18
19
20
21
22
23
24
25
26
27
28

By: _____/s/ Rafael G. Nendel-Flores____
Rafael G. Nendel-Flores
Patricia Matias
Attorneys for Defendant, Packard
Claims Administration, Inc.
Stipulated Protective Order
16

1

DATED:

November 15, 2017

2

GORDON & REES, LLP
By: _____/s/ Eric Deitz ____________
Eric R. Deitz
Carrie A. Stringham
Attorneys for Defendant, South East
Personnel Leasing, Inc.

3
4
5
6
7

CERTIFICATION

8

Pursuant to L.R. 5-4.3.4(a)(2)(i), the filing attorney attests that he has

9

obtained concurrence regarding this document’s content and authorization to file

10

this document from the indicated signatories to the document.

11

DATED: November 15, 2017

By: /s/ John Mendonza ________
JOHN MENDONZA

12
13
14

PURSUANT TO STIPULATION, IT IS SO ORDERED.

15
16
17

DATED: November 28, 2017

___________/s/___________________
Honorable Jacqueline Chooljian
United States Magistrate Judge

18
19
20
21
22
23
24
25
26
27
28
Stipulated Protective Order
17

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of

4

_________________ [print or type full address], declare under penalty of perjury

5

that I have read in its entirety and understand the Stipulated Protective Order that

6

was issued by the United States District Court for the Central District of

7

California on November 28, 2017 in the case of American Payroll Outsourcing,

8

Inc. v. South East Personnel Leasing, Inc., et al., Case No. 8:17 CV00329 JVS

9

JC. I agree to comply with and to be bound by all the terms of this Stipulated

10

Protective Order and I understand and acknowledge that failure to so comply

11

could expose me to sanctions and punishment in the nature of contempt. I

12

solemnly promise that I will not disclose in any manner any information or item

13

that is subject to this Stipulated Protective Order to any person or entity except in

14

strict compliance with the provisions of this Order.

15

I further agree to submit to the jurisdiction of the United States District

16

Court for the Central District of California for the purpose of enforcing the terms

17

of this Stipulated Protective Order, even if such enforcement proceedings occur

18

after termination of this action.

19
20
21

Date: ______________________________________

22

City and State where sworn and signed: _________________________________

23
24

Printed name: _______________________________

25
26

Signature: __________________________________

27
28
Stipulated Protective Order
18