Enma Rebecca Imery v. Nissan North America, Inc. et al
Filing
46
PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner re Stipulation for Protective Order 45 . (see document for details) (hr)
1
2
3
4
5
6
7
8
9
AMIR NASSIHI (SBN 235936)
anassihi@shb.com
JOAN R. CAMAGONG (SBN 288217)
jcamagong@shb.com
NALANI CRISOLOGO (SBN 313402)
ncrisologo@shb.com
SHOOK, HARDY & BACON L.L.P.
555 Mission Street, Suite 2300
San Francisco, CA 94105
TEL: (415) 544-1900 | FAX: (415) 391-0281
Attorneys for Defendant
NISSAN NORTH AMERICA, INC.
10
11
UNITED STATES DISTRICT COURT
12
CENTRAL DISTRICT OF CALIFORNIA
13
14
ENMA REBECCA IMERY
15
Plaintiff,
16
v.
17
18
NISSAN NORTH AMERICA, INC.,
19
Defendant.
Case No.
8:21-cv-02029-MRW
STIPULATED PROTECTIVE
ORDER
(MRW VERSION 4/19)
܈Check if submitted without
material modifications to MRW form
20
21
22
1.
INTRODUCTION
23
1.1
PURPOSES AND LIMITATIONS
24
Discovery in this action is likely to involve production of confidential,
25
proprietary, or private information for which special protection from public
26
disclosure and from use for any purpose other than prosecuting this litigation may
27
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
28
enter the following Stipulated Protective Order. The parties acknowledge that this
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
Order does not confer blanket protections on all disclosures or responses to
2
discovery and that the protection it affords from public disclosure and use extends
3
only to the limited information or items that are entitled to confidential treatment
4
under the applicable legal principles. The parties further acknowledge, as set forth
5
in Section 12.3, below, that this Stipulated Protective Order does not entitle them to
6
file confidential information under seal; Civil Local Rule 79-5 sets forth the
7
procedures that must be followed and the standards that will be applied when a party
8
seeks permission from the court to file material under seal.
1.2
9
GOOD CAUSE STATEMENT
10
In light of the nature of the claims and allegations in this case and the parties’
11
representations that discovery in this case will involve the production of confidential
12
records, and in order to expedite the flow of information, to facilitate the prompt
13
resolution of disputes over confidentiality of discovery materials, to adequately
14
protect information the parties are entitled to keep confidential, to ensure that the
15
parties are permitted reasonable necessary uses of such material in connection with
16
this action, to address their handling of such material at the end of the litigation, and
17
to serve the ends of justice, a protective order for such information is justified in this
18
matter. The parties shall not designate any information/documents as confidential
19
without a good faith belief that such information/documents have been maintained
20
in a confidential, non-public manner, and that there is good cause or a compelling
21
reason why it should not be part of the public record of this case.
22
23
2.
DEFINITIONS
24
2.1
Action: Imery v. Nissan North America, Inc., No 8:21-cv-02029
25
2.2
Challenging Party: a Party or Non-Party that challenges the
26
27
28
designation of information or items under this Order.
2.3
“CONFIDENTIAL” Information or Items: information (regardless of
how it is generated, stored or maintained) or tangible things that qualify for
2
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
protection under Federal Rule of Civil Procedure 26(c), and as specified above in
2
the Good Cause Statement.
3
4
5
2.4
Counsel: Outside Counsel of Record and House Counsel (as well as
their support staff).
2.5
Designating Party: a Party or Non-Party that designates information or
6
items that it produces in disclosures or in responses to discovery as
7
“CONFIDENTIAL.”
8
2.6
Disclosure or Discovery Material: all items or information, regardless
9
of the medium or manner in which it is generated, stored, or maintained (including,
10
among other things, testimony, transcripts, and tangible things), that are produced or
11
generated in disclosures or responses to discovery in this matter.
12
2.7
Expert: a person with specialized knowledge or experience in a matter
13
pertinent to the litigation who has been retained by a Party or its counsel to serve as
14
an expert witness or as a consultant in this Action.
15
2.8
House Counsel: attorneys who are employees of a party to this Action.
16
House Counsel does not include Outside Counsel of Record or any other outside
17
counsel.
18
19
20
2.9
Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
2.10 Outside Counsel of Record: attorneys who are not employees of a
21
party to this Action but are retained to represent or advise a party to this Action and
22
have appeared in this Action on behalf of that party or are affiliated with a law firm
23
which has appeared on behalf of that party, and includes support staff.
24
2.11 Party: any party to this Action, including all of its officers, directors,
25
employees, consultants, retained experts, and Outside Counsel of Record (and their
26
support staffs).
27
28
2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
3
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
2.13 Professional Vendors: persons or entities that provide litigation
2
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
3
demonstrations, and organizing, storing, or retrieving data in any form or medium)
4
and their employees and subcontractors.
2.14 Protected Material: any Disclosure or Discovery Material that is
5
6
designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery
7
8
Material from a Producing Party.
9
10
3.
SCOPE
11
The protections conferred by this Stipulation and Order cover not only
12
Protected Material (as defined above), but also (1) any information copied or
13
extracted from Protected Material; (2) all copies, excerpts, summaries, or
14
compilations of Protected Material; and (3) any testimony, conversations, or
15
presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial will be governed by the orders of the
16
17
trial judge. This Order does not govern the use of Protected Material at trial.
18
19
20
4.
DURATION
Even after final disposition of this litigation, the confidentiality obligations
21
imposed by this Order will remain in effect until a Designating Party agrees
22
otherwise in writing or a court order otherwise directs. Final disposition will be
23
deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
24
or without prejudice; and (2) final judgment herein after the completion and
25
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
26
including the time limits for filing any motions or applications for extension of time
27
pursuant to applicable law.
28
4
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
2
5.
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
3
Each Party or Non-Party that designates information or items for protection under
4
this Order must take care to limit any such designation to specific material that
5
qualifies under the appropriate standards. The Designating Party must designate for
6
protection only those parts of material, documents, items, or oral or written
7
communications that qualify so that other portions of the material, documents,
8
items, or communications for which protection is not warranted are not swept
9
unjustifiably within the ambit of this Order.
10
Mass, indiscriminate, or routinized designations are prohibited. Designations
11
that are shown to be clearly unjustified or that have been made for an improper
12
purpose (e.g., to unnecessarily encumber the case development process or to impose
13
unnecessary expenses and burdens on other parties) may expose the Designating
14
Party to sanctions.
15
If it comes to a Designating Party’s attention that information or items that it
16
designated for protection do not qualify for protection, that Designating Party must
17
promptly notify all other Parties that it is withdrawing the inapplicable designation.
18
5.2
Manner and Timing of Designations. Except as otherwise provided in
19
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
20
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
21
under this Order must be clearly so designated before the material is disclosed or
22
produced.
23
Designation in conformity with this Order requires:
24
(a) for information in documentary form (e.g., paper or electronic documents,
25
but excluding transcripts of depositions or other pretrial or trial proceedings), that
26
the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
27
“CONFIDENTIAL legend”), to each page that contains protected material. If only a
28
portion or portions of the material on a page qualifies for protection, the Producing
5
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
Party also must clearly identify the protected portion(s) (e.g., by making appropriate
2
markings in the margins).
A Party or Non-Party that makes original documents available for
3
4
inspection need not designate them for protection until after the inspecting Party has
5
indicated which documents it would like copied and produced. During the
6
inspection and before the designation, all of the material made available for
7
inspection will be deemed “CONFIDENTIAL.” After the inspecting Party has
8
identified the documents it wants copied and produced, the Producing Party must
9
determine which documents, or portions thereof, qualify for protection under this
10
Order. Then, before producing the specified documents, the Producing Party must
11
affix the “CONFIDENTIAL legend” to each page that contains Protected Material.
12
If only a portion or portions of the material on a page qualifies for protection, the
13
Producing Party also must clearly identify the protected portion(s) (e.g., by making
14
appropriate markings in the margins).
15
(b) for testimony given in depositions that the Designating Party identify the
16
Disclosure or Discovery Material on the record, before the close of the deposition all
17
protected testimony.
18
(c) for information produced in some form other than documentary and for
19
any other tangible items, that the Producing Party affix in a prominent place on the
20
exterior of the container or containers in which the information is stored the legend
21
“CONFIDENTIAL.” If only a portion or portions of the information warrants
22
protection, the Producing Party, to the extent practicable, will identify the protected
23
portion(s).
24
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
25
failure to designate qualified information or items does not, standing alone, waive
26
the Designating Party’s right to secure protection under this Order for such material.
27
Upon timely correction of a designation, the Receiving Party must make reasonable
28
6
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
efforts to assure that the material is treated in accordance with the provisions of this
2
Order.
3
4
6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
5
Timing of Challenges. Any Party or Non-Party may challenge a
6
designation of confidentiality at any time that is consistent with the Court’s
7
Scheduling Order.
6.2
8
9
10
Meet and Confer. The Challenging Party will initiate the dispute
resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1
et seq.
6.3
11
The burden of persuasion in any such challenge proceeding will be on
12
the Designating Party. Frivolous challenges, and those made for an improper
13
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
14
parties) may expose the Challenging Party to sanctions. Unless the Designating
15
Party has waived or withdrawn the confidentiality designation, all parties will
16
continue to afford the material in question the level of protection to which it is
17
entitled under the Producing Party’s designation until the Court rules on the
18
challenge.
19
20
21
7.
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
22
disclosed or produced by another Party or by a Non-Party in connection with this
23
Action only for prosecuting, defending, or attempting to settle this Action. Such
24
Protected Material may be disclosed only to the categories of persons and under the
25
conditions described in this Order. When the Action has been terminated, a
26
Receiving Party must comply with the provisions of section 13 below (FINAL
27
DISPOSITION).
28
7
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
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
9
10
11
(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 Action;
(b) the officers, directors, and employees (including House Counsel) of
12
the Receiving Party to whom disclosure is reasonably necessary for this Action;
13
(c) Experts (as defined in this Order) of the Receiving Party to whom
14
disclosure is reasonably necessary for this Action and who have signed the
15
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
16
(d) the Court and its personnel;
17
(e) court reporters and their staff;
18
(f) professional jury or trial consultants, mock jurors, and Professional
19
Vendors to whom disclosure is reasonably necessary for this Action and who have
20
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21
22
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
23
(h) during their depositions, witnesses ,and attorneys for witnesses, in the
24
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
25
requests that the witness sign the form attached as Exhibit A hereto; and (2) they
26
will not be permitted to keep any confidential information unless they sign the
27
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
28
agreed by the Designating Party or ordered by the court. Pages of transcribed
8
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
deposition testimony or exhibits to depositions that reveal Protected Material may
2
be separately bound by the court reporter and may not be disclosed to anyone except
3
as permitted under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,
4
5
mutually agreed upon by any of the parties engaged in settlement discussions.
6
7
8.
8
IN OTHER LITIGATION
9
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
If a Party is served with a subpoena or a court order issued in other litigation
10
that compels disclosure of any information or items designated in this Action as
11
“CONFIDENTIAL,” that Party must:
12
13
14
(a) promptly notify in writing the Designating Party. Such notification
will include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order
15
to issue in the other litigation that some or all of the material covered by the
16
subpoena or order is subject to this Protective Order. Such notification will include
17
a copy of this Stipulated Protective Order; and
18
19
20
(c) cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with
21
the subpoena or court order will not produce any information designated in this
22
action as “CONFIDENTIAL” before a determination by the court from which the
23
subpoena or order issued, unless the Party has obtained the Designating Party’s
24
permission. The Designating Party will bear the burden and expense of seeking
25
protection in that court of its confidential material and nothing in these provisions
26
should be construed as authorizing or encouraging a Receiving Party in this Action
27
to disobey a lawful directive from another court.
28
9
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
9.
2
PRODUCED IN THIS LITIGATION
3
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
(a) The terms of this Order are applicable to information produced by a
4
Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
5
produced by Non-Parties in connection with this litigation is protected by the
6
remedies and relief provided by this Order. Nothing in these provisions should be
7
construed as prohibiting a Non-Party from seeking additional protections.
8
(b) In the event that a Party is required, by a valid discovery request, to
9
produce a Non-Party’s confidential information in its possession, and the Party is
10
subject to an agreement with the Non-Party not to produce the Non-Party’s
11
confidential information, then the Party will:
12
(1) promptly notify in writing the Requesting Party and the Non-Party
13
that some or all of the information requested is subject to a confidentiality
14
agreement with a Non-Party;
15
(2) promptly provide the Non-Party with a copy of the Stipulated
16
Protective Order in this Action, the relevant discovery request(s), and a reasonably
17
specific description of the information requested; and
18
19
(3) make the information requested available for inspection by the
Non-Party, if requested.
20
(c) If the Non-Party fails to seek a protective order from this court within
21
14 days of receiving the notice and accompanying information, the Receiving Party
22
may produce the Non-Party’s confidential information responsive to the discovery
23
request. If the Non-Party timely seeks a protective order, the Receiving Party will
24
not produce any information in its possession or control that is subject to the
25
confidentiality agreement with the Non-Party before a determination by the court.
26
Absent a court order to the contrary, the Non-Party will bear the burden and expense
27
of seeking protection in this court of its Protected Material.
28
10
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
2
3
Protected Material to any person or in any circumstance not authorized under this
4
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
5
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
6
to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
7
persons to whom unauthorized disclosures were made of all the terms of this Order,
8
and (d) request such person or persons to execute the “Acknowledgment and
9
Agreement to Be Bound” that is attached hereto as Exhibit A.
10
11
11.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
12
PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain
13
14
inadvertently produced material is subject to a claim of privilege or other protection,
15
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
16
Procedure 26(b)(5)(B). This provision is not intended to modify whatever
17
procedure may be established in an e-discovery order that provides for production
18
without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
19
(e), insofar as the parties reach an agreement on the effect of disclosure of a
20
communication or information covered by the attorney-client privilege or work
21
product protection, the parties may incorporate their agreement in the stipulated
22
protective order submitted to the court.
23
24
25
26
27
28
12.
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.
12.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order no Party waives any right it otherwise would have to object to
11
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
disclosing or producing any information or item on any ground not addressed in this
2
Stipulated Protective Order. Similarly, no Party waives any right to object on any
3
ground to use in evidence of any of the material covered by this Protective Order.
12.3 Filing Protected Material. A Party that seeks to file under seal any
4
5
Protected Material must comply with Civil Local Rule 79-5. Protected Material may
6
only be filed under seal pursuant to a court order authorizing the sealing of the
7
specific Protected Material at issue. If a Party's request to file Protected Material
8
under seal is denied by the court, then the Receiving Party may file the information
9
in the public record unless otherwise instructed by the court.
10
11
12
13.
FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 60
13
days of a written request by the Designating Party, each Receiving Party must return
14
all Protected Material to the Producing Party or destroy such material. As used in
15
this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
16
summaries, and any other format reproducing or capturing any of the Protected
17
Material. Whether the Protected Material is returned or destroyed, the Receiving
18
Party must submit a written certification to the Producing Party (and, if not the same
19
person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
20
(by category, where appropriate) all the Protected Material that was returned or
21
destroyed and (2) affirms that the Receiving Party has not retained any copies,
22
abstracts, compilations, summaries or any other format reproducing or capturing any
23
of the Protected Material. Notwithstanding this provision, Counsel are entitled to
24
retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
25
transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
26
reports, attorney work product, and consultant and expert work product, even if such
27
materials contain Protected Material. Any such archival copies that contain or
28
12
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
constitute Protected Material remain subject to this Protective Order as set forth in
2
Section 4 (DURATION).
3
4
14.
Any willful violation of this Order may be punished by civil or criminal
5
contempt proceedings, financial or evidentiary sanctions, reference to disciplinary
6
authorities, or other appropriate action at the discretion of the Court.
7
8
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
9
10
DATED:
___________
_________________
______________________________
orneys for Plaintiff
Attorneys
11/03/2022
DATED: ___________
______________________________
Attorneys for Defendant
11
12
13
14
15
16
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
17
18
19
20
DATED:_______________
11/04/2022
/S/
__________________________________
HON. MICHAEL R. WILNER
United States Magistrate Judge
21
22
23
24
25
26
27
28
13
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4
I, _____________________________ [full name], of _________________
5
[full address], declare under penalty of perjury that I have read in its entirety and
6
understand the Stipulated Protective Order that was issued by the United States
7
District Court for the Central District of California on [date] in the case of Imery v.
8
Nissan North America, Inc., No. 8:21-cv-02029. I agree to comply with and to be
9
bound by all the terms of this Stipulated Protective Order and I understand and
10
acknowledge that failure to so comply could expose me to sanctions and punishment
11
in the nature of contempt. I solemnly promise that I will not disclose in any manner
12
any information or item that is subject to this Stipulated Protective Order to any
13
person or entity except in strict compliance with the provisions of this Order.
14
I further agree to submit to the jurisdiction of the United States District Court
15
for the Central District of California for the purpose of enforcing the terms of this
16
Stipulated Protective Order, even if such enforcement proceedings occur after
17
termination of this action. I hereby appoint __________________________ [full
18
name] of _______________________________________ [full address and
19
telephone number] as my California agent for service of process in connection with
20
this action or any proceedings related to enforcement of this Stipulated Protective
21
Order.
22
Date: ______________________________________
23
City and State where signed: _________________________________
24
25
Printed name: _______________________________
26
27
Signature: __________________________________
28
14
STIPULATED PROTECTIVE ORDER
CASE NO.: 8:21-cv-02029-MRW
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?