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)

Download PDF
1 2 3 4 5 6 7 8 9 10 RICHARD H. RAHM, Bar No. 130728 ALEXANDRA HEMENWAY, Bar No. 297888 LITTLER MENDELSON, P.C. 333 Bush Street, 34th Floor San Francisco, CA 94104 Telephone: 415.433.1940 Fax No.: 415.399.8490 BRITNEY N. TORRES, Bar No. 287019 LITTLER MENDELSON, P.C. 500 Capitol Mall, Suite 2000 Sacramento, CA 95814 Telephone: 916.830.7200 Fax No.: 916.561.0828 Attorneys for Defendant INDIAN RIVER TRANSPORT CO. 11 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 SOUTHERN DIVISION 15 16 CHARLES W. COOLEY, on behalf of himself and all others similarly situated,, Plaintiff, 17 18 19 20 21 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. 22 23 24 25 26 27 28 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 1 1. PURPOSES AND SCOPE 2 This Stipulation and Order are intended to cover the class list that 3 Plaintiff has requested from Defendant (“Class List”). The protections conferred by 4 this Stipulation and Order also cover any information copied or extracted from the 5 Class List. 6 agreement or order. 7 “CONFIDENTIAL.” Accordingly, the parties hereby stipulate to and petition the 8 court to enter the following Stipulated Protective Order. 9 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 10 This action is likely to involve employee lists for which special 11 protection from public disclosure and from use for any purpose other than prosecution 12 of this action is warranted. Such confidential information consists of confidential 13 employee information. Accordingly, to expedite the flow of information, to facilitate 14 the prompt resolution of disputes over confidentiality of discovery materials, to 15 adequately protect information the parties are entitled to keep confidential, to ensure 16 that the parties are permitted reasonably necessary uses of such material in preparation 17 for and in the conduct of trial, to address their handling at the end of the litigation, and 18 serve the ends of justice, a protective order for such information is justified in this 19 matter. It is the intent of the parties that information will not be designated as 20 confidential for tactical reasons and that nothing be so designated without a good faith 21 belief that it has been maintained in a confidential, non-public manner, and there is 22 good cause why it should not be part of the public record of this case. 23 3. CONFIDENTIAL DESIGNATION 24 Defendant may mark the Class List as “CONFIDENTIAL.” 25 Material marked “CONFIDENTIAL” may be used only for the purpose 26 of prosecution, defense, discovery, mediation and/or settlement, or appeal of this 27 Action, and not for any other purpose. 28 /// 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 1 4. DURATION 2 Even after final disposition of this litigation, the confidentiality 3 obligations imposed by this Order shall remain in effect. Final disposition shall be 4 deemed to be the later of (1) dismissal of all claims and defenses in this action, with or 5 without prejudice; and (2) final judgment herein after the completion and exhaustion 6 of all appeals, rehearings, remands, trials, or reviews of this action, including the time 7 limits for filing any motions or applications for extension of time pursuant to 8 applicable law. 9 5. 10 11 12 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: 13 14 (a) promptly notify in writing all other Parties. Such notification shall include a copy of the subpoena or court order; 15 16 17 18 (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 19 20 21 22 23 24 25 26 27 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. 6. 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 28 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 1 all the terms of this Order. 2 7. FILING CLASS LIST 3 Without written permission from Defendant or a court order secured after 4 appropriate notice to all interested persons, Plaintiff may not file in the Class List on 5 the public record in this action. A Party that seeks to file under seal any Class List 6 must comply with Civil Local Rule 79-5. 7 8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 10 DESAI LAW FIRM, P.C. DATED: November 1, 2017 11 12 By: 13 14 /s/ Adrianne De Castro Aashish Y. Desai Adrianne De Castro Attorneys for Plaintiff 15 16 DATED: November 1, 2017 LITTLER MENDELSON, P.C. 17 18 By: 19 /s/ Britney Y. Torres Britney Y. Torres Attorneys for Defendant 20 21 22 23 IT IS SO ORDERED. DATED: November 06, 2017 _____________________________ Jay C. Gandhi United States Magistrate Judge 24 25 26 27 28 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?