Andrews Farms et al v. Calcot Ltd et al

Filing 264

STIPULATION and ORDER for 221 Motion for Protective Order re use and dissemination of confidential information signed by Magistrate Judge Sheila K. Oberto on 6/8/2010. (Timken, A)

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GRISWOLD, LaSALLE, COBB, DOWD & GIN, L.L.P.
111 E. 7th STREET HANFORD, CA 93230

ROBERT M. DOWD, #70685 RAYMOND L. CARLSON, #138043 MICHAEL R. JOHNSON, #237767 ALISON R. TERRY, #258632 GRISWOLD, LaSALLE, COBB, DOWD & GIN, L.L.P. 111 E. 7th Street Hanford, CA 93230 Telephone: [phone] Facsimile: [phone] Attorneys for: Calcot, Ltd. STEVEN T. CLIFFORD, #39020 T. MARK SMITH, #162370 CLIFFORD & BROWN 1430 Truxtun Avenue, Suite 900 Bakersfield, CA 93301 Telephone: [phone] Facsimile: [phone] Attorneys for: Calcot, Ltd. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ANDREWS FARMS, a California partnership; and GREG PALLA, a sole proprietor and doing business as GREG PALLA FARMING COMPANY, individually, and on behalf of all others similarly situated, ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) CALCOT, LTD.; EADIE & PAYNE, ) LLP; and DOES 1-50, ) ) Defendants. ) ____________________________________) IT IS HEREBY ORDERED AS FOLLOWS: 1. All information produced during discovery, including all initial disclosures, during Case No. 1:07-CV-00464-LJO-SKO STIPULATION AND ORDER FOR PROTECTIVE ORDER RE USE AND DISSEMINATION OF CONFIDENTIAL INFORMATION

this action shall be used only for the purposes of: (i) preparation for, and use, at the trial of this

Protective Order Andrews v. Calcot, Ltd., et al.; Case No. 1:07-CV-00464-LJO-SKO

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GRISWOLD, LaSALLE, COBB, DOWD & GIN, L.L.P.
111 E. 7th STREET HANFORD, CA 93230

action, including appeal; (ii) pre-trial and post-trial motions and proceedings in this action; or (iii) confidential settlement communications or negotiations in this action. 2. Independently obtained information is not subject to this Protective Order. The

burden is on the party asserting that information was independently obtained to establish by clear and convincing evidence that such information was, in fact, independently obtained. Nothing in this Protective Order limits or undermines Calcot's ability to move to exclude evidence because Calcot maintains it was not properly obtained. 3. Calcot's information may only be disclosed to the Plaintiffs, witnesses, prospective

witnesses, consultants or experts retained by Plaintiffs' counsel who are subject to the restrictions of this protective order. The information disclosed to Plaintiffs, consultants and/or experts retained by Plaintiffs' counsel shall not be used for any other purpose than (i) pre trial and post-trial motions and proceedings in this action; (ii) the trial or appeal of this matter; or (iii) confidential settlement communications or negotiations in this action and shall be immediately returned to Plaintiffs counsel once it has been used for the proper purpose set forth above. Counsel for each party to this action shall be responsible for ensuring that all persons and entities described in Paragraph 4 of this Order who gain access to information are informed of the provisions of this Order and are subject to this Order. Any person or entity to whom information is released, including counsel, shall sign the Acknowledgment of Receipt of this Order attached hereto as Exhibit A. Each party's counsel shall be responsible for ensuring the Acknowledgment of Receipt is executed in each instance and shall maintain in his or her office an executed Acknowledgment of Receipt from each person to whom confidential information has been disclosed and shall serve same on counsel for all other parties. No notice of acknowledgment will need to be executed where the standard insurance policies are forwarded to coverage counsel. 4. Upon final termination of this action, including all appeals, all confidential

information, including all copies and summaries, shall be destroyed or, at the request of producing counsel, be returned, or retained by the receiving party as a confidential document subject to this
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Protective Order Andrews v. Calcot, Ltd., et al.; Case No. 1:07-CV-00464-LJO-SKO

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GRISWOLD, LaSALLE, COBB, DOWD & GIN, L.L.P.
111 E. 7th STREET HANFORD, CA 93230

Protective Order. Each party responsible for such return or destruction shall certify to all other counsel of record that such destruction or return in fact took place not later than 90 days after such final termination of this action. However, counsel are not required to destroy legal memoranda or opinion letters and other attorney-client privilege or work product documents that may contain references to or information extracted from said documents, and all such memos and correspondence may be retained in the attorney's files. Furthermore, confidential information that was properly filed with or disclosed to the court in connection with motions, the trial of this matter, or other proceedings in this matter, need not be returned to the producing party but shall be destroyed. 5. In the event that Calcot issues a press release relating to this litigation, Plaintiffs

counsel shall have be entitled to use Calcot's information to refute or rebut the assertions or contentions set forth in the press release. 6. The parties reserve the right to move to amend or modify this Protective Order with

the Court. Further, the parties reserve the right to challenge with the Court the appropriateness of any information or document under this Protective Order. 7. This Protective Order does not apply to communications with the Class that are

approved by the Court. (E.g., and without limitation, (Class Notice)). The parties' recourse shall be to raise those issues, including any objections, with the Court in connection with such notice or other publication of information. Dated: June 8, 2010 LAW OFFICES OF RALPH B. WEGIS By /s/ Barry Rosenberg MICHAEL STUMP, BARRY ROSENBERG, Attorneys for Plaintiffs, ANDREW FARMS and GREG PALLA, dba GREG PALLA FARMING COMPANY

Protective Order Andrews v. Calcot, Ltd., et al.; Case No. 1:07-CV-00464-LJO-SKO

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GRISWOLD, LaSALLE, COBB, DOWD & GIN, L.L.P.
111 E. 7th STREET HANFORD, CA 93230

Dated: June 8, 2010

GRISWOLD, LASALLE, COBB, DOWD & GIN, LLP By /s/ Michael R. Johnson MICHAEL R. JOHNSON, Attorneys for Defendants, CALCOT, LTD., and ROBERT W. NORRIS

IT IS SO ORDERED. Dated: 9h0d4i June 8, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

Protective Order Andrews v. Calcot, Ltd., et al.; Case No. 1:07-CV-00464-LJO-SKO

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GRISWOLD, LaSALLE, COBB, DOWD & GIN, L.L.P.
111 E. 7th STREET HANFORD, CA 93230

ATTACHMENT "A" VERIFIED ACKNOWLEDGMENT I, the undersigned, do hereby declare: 1. I have read the Protective Order in the subject lawsuit regarding Calcot's documents

and have been apprised of its terms by ________________________, attorney(s) for _____________________________. 2. I hereby agree to abide by the terms of said Order. I declare under penalty of perjury

under the laws of the State of __________________ that the foregoing is true and correct and that this Verified Acknowledgment is executed on __________________, 20____, at ________________, ____________________.

___________________________________ Name: _____________________________

Protective Order Andrews v. Calcot, Ltd., et al.; Case No. 1:07-CV-00464-LJO-SKO

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