Charles W. Cooley v. Indian River Transport Co.

Filing 29

STIPULATED PROTECTIVE ORDER FOR CLASS LIST by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 28 . (kh)

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RICHARD H. RAHM, Bar No. 130728
[e-mail]
ALEXANDRA HEMENWAY, Bar No. 297888
[e-mail]
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, CA 94104
Telephone: [phone]
Fax No.:
415.399.8490
BRITNEY N. TORRES, Bar No. 287019
[e-mail]
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
Sacramento, CA 95814
Telephone: [phone]
Fax No.:
916.561.0828
Attorneys for Defendant
INDIAN RIVER TRANSPORT CO.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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CHARLES W. COOLEY, on behalf
of himself and all others similarly
situated,,
Plaintiff,

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Case No. 8:17-cv-00932-DOC-JCG
STIPULATED PROTECTIVE
ORDER FOR CLASS LIST

v.
INDIAN RIVER TRANSPORT CO.,
a Florida Corporation, and DOES 110, inclusive,
Defendants.

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

STIPULATED PROTECTIVE ORDER FOR
CLASS LIST

Firmwide:150863892.1 093904.1001

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1.

PURPOSES AND SCOPE

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This Stipulation and Order are intended to cover the class list that

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Plaintiff has requested from Defendant (“Class List”). The protections conferred by

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this Stipulation and Order also cover any information copied or extracted from the

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Class List.

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agreement or order.

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“CONFIDENTIAL.” Accordingly, the parties hereby stipulate to and petition the

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court to enter the following Stipulated Protective Order.

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2.

Any use of the Class List at trial shall be governed by a separate
Defendant wishes to designate the Class List as

GOOD CAUSE

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This action is likely to involve employee lists for which special

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protection from public disclosure and from use for any purpose other than prosecution

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of this action is warranted. Such confidential information consists of confidential

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employee information. Accordingly, to expedite the flow of information, to facilitate

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the prompt resolution of disputes over confidentiality of discovery materials, to

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adequately protect information the parties are entitled to keep confidential, to ensure

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that the parties are permitted reasonably necessary uses of such material in preparation

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for and in the conduct of trial, to address their handling at the end of the litigation, and

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serve the ends of justice, a protective order for such information is justified in this

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matter. It is the intent of the parties that information will not be designated as

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confidential for tactical reasons and that nothing be so designated without a good faith

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belief that it has been maintained in a confidential, non-public manner, and there is

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good cause why it should not be part of the public record of this case.

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3.

CONFIDENTIAL DESIGNATION

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Defendant may mark the Class List as “CONFIDENTIAL.”

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Material marked “CONFIDENTIAL” may be used only for the purpose

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of prosecution, defense, discovery, mediation and/or settlement, or appeal of this

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Action, and not for any other purpose.

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///

LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

STIPULATED PROTECTIVE ORDER FOR
CLASS LIST

2.

Firmwide:150863892.1 093904.1001

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality

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obligations imposed by this Order shall remain in effect. Final disposition shall be

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

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

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of all appeals, rehearings, remands, trials, or reviews of this action, including the time

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limits for filing any motions or applications for extension of time pursuant to

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applicable law.

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5.

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If a Party is served with a subpoena or a court order issued in other
litigation that compels disclosure of any information or items designated in this action
as “CONFIDENTIAL” that Party must:

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(a) promptly notify in writing all other Parties. Such notification shall
include a copy of the subpoena or court order;

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(b) promptly notify in writing the party who caused the subpoena or
order to issue in the other litigation that some or all of the material covered by the
subpoena or order is subject to this Protective Order. Such notification shall include a
copy of this Stipulated Protective Order; and

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CLASS LIST SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION

(c) shall not produce any information designated as “CONFIDENTIAL”
before a determination by the court from which the subpoena or order issued, unless
the Party has obtained the Designating Party’s permission.
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UNAUTHORIZED DISCLOSURE OF CLASS LIST
If Plaintiff learns that, by inadvertence or otherwise, he has disclosed the

Class List to any person or in any circumstance not authorized under this Stipulated
Protective Order, Plaintiff must immediately (a) notify Defendant of the unauthorized
disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Class List,
and (c) inform the person or persons to whom unauthorized disclosures were made of

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

STIPULATED PROTECTIVE ORDER FOR
CLASS LIST

3.

Firmwide:150863892.1 093904.1001

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all the terms of this Order.

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FILING CLASS LIST

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Without written permission from Defendant or a court order secured after

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appropriate notice to all interested persons, Plaintiff may not file in the Class List on

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the public record in this action. A Party that seeks to file under seal any Class List

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must comply with Civil Local Rule 79-5.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DESAI LAW FIRM, P.C.

DATED: November 1, 2017

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By:

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/s/ Adrianne De Castro
Aashish Y. Desai
Adrianne De Castro
Attorneys for Plaintiff

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DATED: November 1, 2017

LITTLER MENDELSON, P.C.

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By:

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/s/ Britney Y. Torres
Britney Y. Torres
Attorneys for Defendant

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IT IS SO ORDERED.
DATED: November 06, 2017

_____________________________
Jay C. Gandhi
United States Magistrate Judge

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

STIPULATED PROTECTIVE ORDER FOR
CLASS LIST

4.

Firmwide:150863892.1 093904.1001