Sun Pacific Marketing Cooperative, Inc. v. Dimare Fresh, Inc.

Filing 93

Stipulated PROTECTIVE ORDER signed by Magistrate Judge Gary S. Austin on 12/14/2009. (Verduzco, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Lawrence H. Meuers (SBN 197663) Katy Koestner Esquivel (Pro Hac Vice) MEUERS LAW FIRM, P.L. 5395 Park Central Court Naples, FL 34109-5932 Telephone: [phone] Attorneys for Plaintiff Sun Pacific Stephen P. McCarron (Pro Hac Vice) MCCARRON & DIESS 4900 Massachusetts Avenue, NW Washington, DC 20016 Tel: [phone] James H. Wilkins (SBN 116364) WILKINS, DROLSHAGEN & CZESHINSKI, LLP 7050 N. Fresno Street, Suite 204 Fresno, CA 93720 Tel: [phone] Attorneys for Defendant DiMare Fresh UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION SUN PACIFIC MARKETING COOPERATIVE, INC., Plaintiff/Appellant, vs. DIMARE FRESH, INC., Defendant/Appellee. STIPULATED PROTECTIVE ORDER 1. On December 4, 2009, the Court entered an Order1 on the parties' Case No.: 1:06-cv-01404-AWI-GSA

STIPULATED PROTECTIVE ORDER

discovery motions, which required, inter alia, that DiMare Fresh, Inc. disclose information regarding: the costs of the cover tomatoes and whether DiMare was able to pass those costs on to its customers; and information regarding DiMare's contracts with its customers during the time Sun Pacific was to provide tomatoes to DiMare in 2006.

1

DE 91.
PAGE 1

STIPULATED PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

2.

The Court further recognized the confidential nature of the material,

coupled with the fact that this information involves non-parties, and required that this information "shall be subject to (a) protective order such that any information is limited to the parties' counsel, experts, consultants, their respective staff and/or employees, court reporters and others agreed upon by the parties." Order, p. 8. 3. The Court then ordered that the parties submit a stipulated protective

order under the guidelines set forth by the court. 4. Based on the foregoing, the parties hereby stipulate that all information

disclosed by DiMare to Sun Pacific regarding the costs of the cover tomatoes and whether DiMare was able to pass those costs on to its customers; and information regarding DiMare's contracts with its customers during the time Sun Pacific was to provide tomatoes to DiMare in 2006, shall be strictly limited to the parties' counsel, experts, consultants, their respective staff and/or employees and court reporters.

McCARRON & DIESS s/ Stephen P. McCarron Stephen P. McCarron Admitted Pro Hac Vice 4900 Massachusetts Avenue, NW Suite 310 Washington, DC 20016 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant DiMare Fresh

MEUERS LAW FIRM, PL /s/ Lawrence H. Meuers Lawrence H. Meuers California Bar No.: 197663 Katy Koestner Esquivel Admitted Pro Hac Vice 5395 Park Central Court Naples, Florida 34109-5932 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiff/Appellant ORDER

The Court adopts the stipulated protective order submitted by the parties. However, in addition to the above stipulation the parties are ordered as follows :

STIPULATED PROTECTIVE ORDER

PAGE 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

1) All persons authorized by this Protective Order to receive information as outlined in this Court's order dated December 4, 2009, shall maintain such information as confidential in accordance with this Protective Order and shall use such information solely for the purpose of preparing for and conducting the above-captioned litigation, and none of the information shall be used for any business, commercial or competitive purposes. All persons authorized to receive copies of the materials shall be shown a copy of this Protective Order and shall, in a written and signed certificate, such as that annexed hereto as Appendix A, state that he or she has read the Protective Order and agrees to be bound by the terms thereof. Counsel of record for that party shall then retain the certificate until the conclusion of the litigation. 2) In the event that any of the designated information is, either advertently or inadvertently disclosed to someone not authorized to receive such information under this Protective Order, or if a person so authorized breaches any of his or her obligations under this Protective Order, counsel of record for the party involved shall immediately give notice of such unauthorized disclosure or breach to counsel of record for DiMare Fresh, Inc., and shall also disclose the circumstances of the unauthorized disclosure or breach. 3) Within 30 days of the conclusion of this litigation, including any post-trial motions or appellate proceedings, counsel of record for the parties shall secure the return of all discovery materials and all copies thereof and notes, abstracts or summaries made therefrom, from all persons to whom such materials were disclosed under the terms of this Protective Order, and shall either destroy all such materials or

STIPULATED PROTECTIVE ORDER

PAGE 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

return them to counsel for DiMare Fresh, Inc.,, except that counsel may retain their work product, copies of court filings and official transcripts and exhibits, provided said retained documents are kept under seal and that the "Confidential" information contained therein will continue to be treated as provided herein. 4) Any document filed with the Court shall be filed under seal pursuant to Local Rules 39-140 and 39-141 in order to preserve its confidentiality. APPENDIX A CERTIFICATE I hereby certify that I have read the annexed Protective Order and agree to be bound by the terms thereof.

Date: _______________ _______________ IT IS SO ORDERED. Dated: December 14, 2009 /s/ Gary S. Austin Gary S. Austin United States Magistrate Judge

STIPULATED PROTECTIVE ORDER

PAGE 4