Hawecker et al v. Sorensen

Filing 97

Confidentiality Agreement and Protective ORDER signed by Judge Oliver W. Wanger on 7/5/2011. (Figueroa, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

CARRIE HAWECKER and MICHELLE
BROUSSARD, individually and on behalf of a
class of similarly situated persons;

)
)
)
)
Plaintiffs,
)
)
vs.
)
)
RAWLAND LEON SORENSEN,
)
)
Defendant.
)
__________________________________________)
__________________________________________
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
v.
)
)
RAWLAND LEON SORENSEN,
)
)
Defendant.
)
__________________________________________)

Case No. 1:10-cv-00085-OWW-JLT

Case No. 1:11-cv-00511-OWW-JLT
CONFIDENTIALITY
AGREEMENT AND PROTECTIVE
ORDER

24
25

CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER
26
27
28

This is a joint agreement between the Plaintiffs in Hawecker, et al. v. Sorensen, No. 1:10cv-00085-OWW-JLT (“Private Plaintiffs”), the United States, and Defendant Rawland Leon
1 CONFIDENTIALITY AGREEMENT & PROTECTIVE ORDER

PDF created with pdfFactory trial version www.pdffactory.com

1
2

Sorensen. The parties expect that the disclosure of documents in this case may involve the
exchange of sensitive information, including, inter alia, financial and tax information, other

3

personal and business financial information, personally identifying information with respect to
4
5

the Defendant and tenants and former tenants of his properties, and/or other information of a

6

private nature that is covered by the scope of the Privacy Act of 1974, 5 U.S.C. §§ 551–59, or

7

Rule 140 of the Local Rules of the United States District Court for the Eastern District of

8

California (“Local Rule 140”) (appended as Attachment A). Accordingly, the parties stipulate
9
10

and agree to, and the Court finds good cause for, entry of this Confidentiality Agreement and

11

Protective Order pursuant to Federal Rule of Civil Procedure 26(c). The parties further stipulate

12

and agree that certain forms of contact between the Defendant and Private Plaintiffs or witnesses

13

for the United States can and should be avoided.

14

It is hereby ordered that:
15
16

I. Contact Between the Defendant and Private Plaintiffs, Witnesses, or “Aggrieved
Persons”

17

1.

The Defendant and his agents, employees, or anyone operating on his behalf or at

18
19

his direction (excluding counsel of record and their employees) shall not contact or attempt to

20

contact the Private Plaintiffs, their identified witnesses, or any persons identified by the United

21

States, whether in its initial disclosures or other discovery responses, as victims of or witnesses

22

to the Defendant’s alleged discriminatory housing practices. For any such victims or witnesses

23

who are currently tenants at the Defendant’s rental properties, the Defendant may contact such
24
25

individuals for routine matters related to their tenancy, such as general notices sent to all tenants,

26

maintenance calls, and unit inspections.

27

II. Treatment of Confidential Information

28
2 CONFIDENTIALITY AGREEMENT & PROTECTIVE ORDER

PDF created with pdfFactory trial version www.pdffactory.com

1
2

2.

“Confidential Information” refers to any record, document, tangible thing,

testimony, information, or other material disclosed or to be disclosed through formal or informal

3

discovery or otherwise in the course of this litigation that contains: personally identifying
4
5

information and personal data identifiers, including those set forth in Local Rule 140(a); income

6

tax returns; current home or cellular telephone numbers of any party, witness, or potential

7

witness; and material designated as sensitive by either party.

8

3.

Any party may designate any record, document, tangible thing, testimony,

9
10

information, or other material as confidential. All documents containing information that is to be

11

considered confidential information pursuant to this Order shall be marked “CONFIDENTIAL”

12

in large letters on each page of the document. Such designation shall, without more, subject the

13

information produced or provided under such designation to the provisions of this

14

Confidentiality Agreement and Protective Order.
15
16
17
18
19

4.

Any party in this case, or counsel for such party, may designate as confidential its

responses to interrogatories by labeling any such response “CONFIDENTIAL.”
5.

Counsel for any party in this case may designate deposition testimony or any part

of deposition testimony as confidential by advising the court reporter and counsel of such

20

designation during the course of the deposition.
21
22

6.

Whenever any material designated as confidential is identified as an exhibit in the

23

above-captioned case, it shall be marked “CONFIDENTIAL” and shall be subject to all of the

24

requirements of this Confidentiality Agreement and Protective Order.

25

7.

Confidential information includes all material designated confidential pursuant to

26
27
28

the terms of this Order, as well as summaries and compilations derived from such confidential
materials—including but not limited to charts, tables, graphs, and models—to the extent such
3 CONFIDENTIALITY AGREEMENT & PROTECTIVE ORDER

PDF created with pdfFactory trial version www.pdffactory.com

1
2

summaries or compilations maintain the material in such a manner that it retains personally
identifying information or personal data identifiers.

3

8.

Inadvertent failure to designate a document as “CONFIDENTIAL” may be

4
5
6
7

corrected by supplemental written notice given as soon as practicable.
9.

The parties must have a good-faith basis in fact and law to designate material as

confidential.

8

10.

If any party objects to the designation of any information as confidential, that

9
10

party shall confer with opposing counsel within 15 days of making such objection in an effort to

11

resolve any such dispute. If the parties are unable to resolve such dispute, the party designating

12

the material as confidential may move to have the Court declare the contested information

13

confidential.

14

11.

If non-confidential information is contained in or otherwise derived from

15
16
17
18
19

confidential materials, any portion that consists solely of non-confidential information shall not
be confidential for purposes of this Order.
12.

In any judicial proceeding in which confidential information may become a part

of a written submission to the Court, the parties will (1) delete the confidential information, or

20

(2) provide reasonable notice of the submission to opposing counsel so that opposing counsel can
21
22

seek, if necessary, an order from the Court protecting the confidentiality of the document—

23

including an order that the document be filed under seal—subject to the Court’s review on a

24

document-by-document basis.

25

13.

If confidential testimony or information is contained in the body of any filings or

26
27
28

submissions to the Court (e.g. where confidential information is quoted or summarized) the
entire filing or submission shall be made under seal.
4 CONFIDENTIALITY AGREEMENT & PROTECTIVE ORDER

PDF created with pdfFactory trial version www.pdffactory.com

1
2

14.

Access to confidential information shall be limited to individuals who must

handle such information for purposes of this litigation (“qualified persons”). Individuals

3

authorized to handle confidential information include:
4
5

a. The Court and officers of the Court;

6

b. Court reporters and their assistants and administrative staff;

7

c. Private Plaintiffs and counsel for the Private Plaintiffs, including counsel’s

8

paralegals, administrative staff, or contractors;
9

d. Counsel for the United States, including Department of Justice attorneys,

10

paralegals, administrative staff, or contractors;

11

e. Defendants and counsel for the Defendants, including counsel’s paralegals,

12
13

administrative staff, or contractors;

14

f. Any mediator used to attempt resolution of this litigation;
15

g. Witnesses and potential witnesses (and their counsel) to the extent necessary

16
17

in preparation for or during the course of depositions, hearings, interviews, or

18

trial in this action; and;

19

h. Experts and consultants (including independent experts and consultants and

20

employees or clerical assistants of said experts) who are employed, retained,
21
22

or otherwise consulted by counsel or a party for the purpose of analyzing data,

23

conducting studies, or providing opinions to assist in such litigation.

24

15.

All contractors, witnesses, experts, and consultants who review confidential

25

information must first execute the Acknowledgement of Confidentiality Agreement and
26
27
28

Protective Order, appended as Attachment B, stating that they will abide by the terms of this
agreement. Copies of all Acknowledgements of Confidentiality Agreement executed by
5 CONFIDENTIALITY AGREEMENT & PROTECTIVE ORDER

PDF created with pdfFactory trial version www.pdffactory.com

1
2

witnesses required to be disclosed by the Federal Rules of Civil Procedure shall be provided to
opposing counsel no later than the disclosure date of the witness list for trial.

3

16.

The qualified persons identified in paragraphs 14 and 15 shall not permit

4
5

disclosure of confidential information to anyone who is not also a qualified person. Unless

6

counsel of record for the party producing the confidential information consents in writing to any

7

other use, such information shall be used solely in connection with the prosecution or defense of

8

this action.
9
10
11
12
13

17.

Except as provided herein, no party having access to confidential information

shall make public disclosures of that material without further order of this Court.
18.

No party to the above-captioned case, for itself or any other person acting on its

behalf, shall make more copies of any confidential material than are reasonably necessary to

14

conduct this litigation. Information designated as confidential shall be held in strictest
15
16
17
18
19

confidence and shall be kept securely.
19.

Upon conclusion of this case, including any subsequent appeals, all originals and

copies of confidential materials, including all summaries thereof, shall be returned to the
producing party or the producing party’s counsel or representative or destroyed, unless (1)

20

otherwise ordered by the Court for good cause shown, (2) the return or destruction of such
21
22

materials is prohibited by law, or (3) the document has been filed with the Court or used as an

23

exhibit.

24

20.

Notwithstanding anything to the contrary herein, the parties to the above-

25

captioned case shall have no obligation under this Order with respect to information that (1) is or
26
27
28

becomes publicly available (except by unauthorized disclosure), or (2) is received from a thirdparty who is rightfully in possession of such information and who has the right to disclose it.
6 CONFIDENTIALITY AGREEMENT & PROTECTIVE ORDER

PDF created with pdfFactory trial version www.pdffactory.com

1
2

21.

Any party to the above-captioned case may petition this Court concerning a

violation of this Order and request any available remedies, including, but not limited to,

3

contempt proceedings.
4

22.

5
6

Entering into, agreeing to, and/or complying with the terms of this Order shall

not:

7

a. Operate as an admission that any particular discovery material constitutes,

8

contains, or reflects confidential matter;
9

b. Prejudice the rights of any party to object to the production of documents or

10
11

information it considers non-discoverable, or to seek a Court determination

12

whether particular discovery materials should be produced;

13

c. Prejudice a party from seeking modification or rescission of this

14

Confidentiality Agreement and Protective Order; or
15

d. Prejudice a party from seeking further protection of any confidential

16

information.

17
18
19

23.

Nothing in this Order limits the parties’ right to seek modification of this Order or

to apply for additional protective orders as may become necessary due to a change in

20

circumstances or for other good cause shown.
21
22

24.

Except as otherwise provided herein, the restrictions and obligations

23

provided in this Order shall not terminate upon the conclusion of this lawsuit but shall

24

continue subject to order of this Court.

25

IT IS HEREBY ORDERED.
26
27
28

Dated: _July 5, 2011

/s/ OLIVER W. WANGER
United States District Judge
7 CONFIDENTIALITY AGREEMENT & PROTECTIVE ORDER

PDF created with pdfFactory trial version www.pdffactory.com