Miramontes v. Madeira USA, Ltd.

Filing 18

STIPULATED PROTECTIVE ORDER signed by Judge Oliver W. Wanger on 3/25/2011. (Kusamura, W)

1 RUTAN & TUCKER, LLP 2 [e-mail]

Shawn M. Larsen (State Bar No. 204439)

3 [e-mail]

Joseph G. Naddour (State Bar No. 266890) 611 Anton Boulevard, Fourteenth Floor Telephone: [phone]

4 Costa Mesa, 92626-1931 5 Facsimile: 714-546-9035

6 Attorneys for Defendant and Counter-Claimant

MADEIRA USA, LTD.

7 8 9 10 11 MARTHA MIRAMONTES, 12 13

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CASE NO. 1:10-cv-01256 OWW JLT

Plaintiff, vs. and DOES 1 through 50, inclusive, Defendant. STIPULATED PROTECTIVE ORDER

14 MADEIRA USA, LTD., a corporation; 15 16 17 18 AND RELATED COUNTER-CLAIM 19 20

Plaintiff/Counter-Defendant Martha Miramontes and Defendant/Counter-

21 Claimant Madeira U.S.A., Ltd., by and through their respective counsel, hereby 22 stipulate as follows: 23

WHEREAS, in connection with discovery in this case, the parties have sought

24 and/or anticipate seeking certain documents and/or information that the others 25 contend is private, highly confidential, and/or proprietary; 26

WHEREAS, the parties desire to protect the confidentiality of such

27 documents and information to ensure that they can obtain and pursue discovery with 28 a minimum of delay and expense;
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NOW, THEREFORE, the parties hereby stipulate and agree as follows: 1. Definitions. As used in this Protective Order: a. The term "Person" includes a natural person, association,

4 organization, partnership, limited liability company, business, trust, corporation, or 5 public entity and any agent of the foregoing. 6

b.

The term "Material" means the original and any copy (regardless

7 of origin or location) of any written, reported, recorded or graphic matter, however 8 stored, produced or reproduced, including, but not limited to, computer-stored and 9 computer retrievable information; testimony at depositions upon oral examinations 10 or upon written questions; answers to interrogatories; information obtained from the 11 inspection of premises; tangible objects or documents; answers to requests for 12 admission; and anything that is a "writing" under the California Evidence Code and 13 the Federal Rules of Civil Procedure. 14

c.

The term "Provides" means the production, delivery, or transfer

15 of any Material, voluntarily or involuntarily, regardless of whether it is performed 16 pursuant to a request or subpoena. 17

d.

The term "Confidential Information" means any information,

18 whether documentary or oral, so designated by any producing Person or party which 19 it reasonably and justifiably believes is of the type entitled to protection by law, 20 subject to any party's right to challenge such designation through court intervention, 21 as specified herein. 22

e.

The term "Action" means the case entitled Martha Miramontes

23 v. Madeira USA, Ltd., United States District Court, Eastern District of California, 24 Case No. 1:10-cv-01256 OWW JLT. 25

f.

The term "Plaintiff" means Plaintiff/Counter-Defendant Martha

26 Miramontes, and her current and former agents. 27 28
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1

g.

The

term

"Madeira"

means

Defendant/Counter-Claimant

2 Madeira U.S.A., Ltd. and its current and former employees, agents, managers, 3 officers, directors, subsidiaries, parent companies, and divisions. 4 5

2.

Designation/Disclosure of Confidential Material. a. The parties may designate as confidential at the time of

6 production any Materials or information that contains Confidential Information by 7 placing or affixing on each page of such Material the legend "CONFIDENTIAL" or 8 a similar legend. 9

b.

Material designated as "CONFIDENTIAL" shall not be used for Material

10 any purpose other than the prosecution or defense of the Action.

11 designated as "CONFIDENTIAL" shall only be Provided, exhibited, or disclosed to 12 the following persons: 13 14

i) ii)

Parties to the Action (Plaintiffs and Madeira); Outside counsel of record engaged in the prosecution or

15 defense of this litigation for the parties, including necessary legal assistants, 16 stenographic, or clerical employees assisting such counsel; 17

iii)

In-house counsel of any party engaged in the prosecution

18 or defense of this litigation for the parties including necessary legal assistants, 19 stenographic, or clerical employees assisting such counsel; 20

iv)

Outside experts, consultants or investigators retained by

21 the parties or their counsel of record in connection with this litigation under the 22 conditions described in Paragraph 5 below; 23 24 behalf. 25

v)

The Court and its personnel, or other persons acting on its

c.

Persons to whom Material designated as "CONFIDENTIAL" is

26 to be Provided, exhibited, or disclosed pursuant to this Paragraph 2 must have (a) 27 read this order; (b) agreed to be bound by the terms thereof, (c) agreed to maintain 28 said information in confidence, (d) agreed not to disclose the same except as
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1 permitted by this Paragraph 2, and (e) agreed to use said information solely for 2 purposes of the prosecution and defense of this litigation and not for any business, 3 competitive or other purposes whatsoever. 4 5

3.

Depositions a. The parties may designate any information disclosed during

6 depositions as "CONFIDENTIAL" either on the record at the deposition or within 7 15 calendar days after completion of the deposition transcript. 8

b.

Designation of the portion of the transcript (including exhibits)

9 as "CONFIDENTIAL" shall be made as follows: Upon review of the transcript by 10 counsel for the party to whose information the contents of the deposition relate, that 11 counsel shall designate within 15 calendar days after counsel's receipt of the 12 transcript, by written communication to the other parties, the specific pages and 13 lines to be designated as "CONFIDENTIAL." Counsel shall list in a separate piece 14 of paper the numbers of pages of the transcript containing designated information, 15 inserting the list at the end of the transcript, and mailing copies of the list to counsel 16 for all parties so that it may be affixed to the face of the transcript and each copy 17 thereof.

Pending such designation by counsel, the entire deposition transcript,

18 including exhibits, shall be deemed "CONFIDENTIAL." If no designation is made 19 within 15 days after receipt of the transcript, the transcript shall be considered not to 20 contain any confidential material. 21

c.

In the event that any question is asked at a deposition that calls

22 for the disclosure of Materials or information designated "CONFIDENTIAL," the 23 witness shall nevertheless answer such question, unless otherwise instructed not to, 24 provided that the only Persons in attendance at the deposition are Persons to whom 25 such information may be disclosed pursuant to this Order. 26

d.

A person not otherwise authorized to be shown information or

27 documents designated "CONFIDENTIAL" under this Order may be examined as a 28
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1 witness at deposition and may be shown and may testify concerning any such 2 information or documents as follows: 3

i)

A present employee of a producing Person or party may be

4 examined, may be shown, and may testify concerning any "CONFIDENTIAL" 5 information of that producing Person or party. 6

ii)

A former employee or consultant of a producing Person or

7 party may be examined, may be shown, may be interviewed, and may testify 8 concerning any "CONFIDENTIAL" information of a producing Person or party that 9 pertains in any way to the subject matter of his/her consultation or employment or to 10 the subject matter of his/her communications with the producing Person or party. 11

iii)

A non-party who has had any contact or relationship with

12 a party may be examined, may be shown, may be interviewed, and may testify: 13 14 "CONFIDENTIAL"

(1)

Concerning

any

Material

containing

information that appears on its face to have been

15 communicated between the non-party and any party; and 16

(2)

Concerning any "CONFIDENTIAL" information of

17 a party that documentary or testimonial evidence indicates was communicated 18 between the non-party and the party. 19 20 21 otherwise

4.

Inadvertent Disclosure a. If a producing Person or party inadvertently fails to stamp or designate certain documents or information as

appropriately

22 "CONFIDENTIAL" upon production or disclosure, the producing Person or any 23 other party may thereafter designate by promptly giving written notice to all parties 24 that the material is to be so designated. All parties shall then stamp or otherwise 25 mark the designated material with a "CONFIDENTIAL" or similar legend. 26

b.

To the extent provided by law, the inadvertent production of any

27 privileged or otherwise protected materials shall not be deemed a waiver or 28 impairment of any claim of privilege or protection, including but not limited to, the
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1 attorney-client privilege and the protection afforded to work-product materials, or 2 the subject matter thereof. Upon receiving notice from a producing Person or party 3 that materials have been inadvertently produced, all such materials (including all 4 copies) shall be returned to the producing Person or party within 5 business days of 5 receipt of that notice, unless timely application is made to the Court within that 6 period to challenge the claim of privilege. 7 8

5.

Challenge To Confidentiality Designation.

A party may challenge another Person's or party's designation of Material as

9 "CONFIDENTIAL" under this Protective Order by notifying the producing party in 10 writing of the challenge, including the identity of each document to which the 11 challenge is directed and the specific factual and legal bases supporting the 12 challenge.

Any such challenge must be made, if at all, within 30 days of the Within 14 days of receipt, the

13 producing party's designation of such Material.

14 parties shall meet-and-confer telephonically or in person regarding the challenge in 15 an effort to resolve the matter informally. If the parties are unable to resolve the 16 matter informally, the challenging party may move the Court to determine the 17 propriety of the challenge. To prevent the improper disclosure of any Confidential 18 Information, the moving party shall lodge the Material at issue under seal consistent 19 with the procedures set forth below. 20

6.

Disclosure Of Confidential Information To Experts, Consultants And

21 Investigators. 22

a.

Before

a

party

discloses

Materials

designated

as

23 "CONFIDENTIAL" to any expert, consultant or investigator, the expert, consultant 24 or investigator must certify that he or she has read this Protective Order and must 25 sign a copy of the "Agreement to be Bound by Protective Order," attached hereto as 26 Exhibit A. Once the expert, consultant or investigator has executed the "Agreement 27 to be Bound by Protective Order," it shall not be necessary for that person to sign a 28 separate statement each time he or she is subsequently given access to information
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1 or Materials designated as "CONFIDENTIAL."

An expert, consultant or

2 investigator that is shown Material designated as "CONFIDENTIAL" may retain 3 copies of that Material or information subject to the provisions of Paragraph 7 4 below. 5

b.

The original, executed "Agreement to be Bound by Protective

6 Order" signed by Persons receiving Materials designated as "CONFIDENTIAL," 7 pursuant to this Paragraph 6 shall be maintained by the attorney of record who 8 obtained the Agreement. 9 10

7.

Completion Of Litigation.

Upon completion of all proceedings in this Action, including the expiration of

11 all rights to judicial review, all Materials designated as "CONFIDENTIAL" shall be 12 returned to the producing party.

Each party shall also ensure that all experts

13 retained by the party to whom Materials designated as "CONFIDENTIAL" were 14 disclosed shall return all such Materials to the party retaining such expert or, 15 alternatively, shall confirm in writing that all such Materials have been destroyed. 16 Returning parties are not required to return or destroy any pleadings, discovery 17 requests, documents filed with the Court, or attorney work-product. The provisions 18 of this Protective Order restricting the dissemination, exhibition or other use of 19 Materials designated as "CONFIDENTIAL" shall continue to be binding on any 20 person subject to the terms of the Protective Order after conclusion of this Action. 21 22

8.

Right To Seek Relief From The Court

Nothing in this Protective Order shall be deemed to limit, prejudice or waive

23 any rights of any party or person: (1) to resist or compel discovery with respect to, 24 or to seek additional or different protection for, Material claimed to be protected by 25 attorney work-product or other applicable privilege, Material as to which the party 26 or person claims a legal obligation not to disclose, or Material not required to be 27 produced pursuant to governing laws and rules; (2) to seek to modify or obtain relief 28 from any aspect of this Protective Order; (3) to object to the use, relevance or
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1 admissibility at trial of any evidence, whether or not comprised of Confidential 2 Information governed by this Protective Order; (4) otherwise to require that 3 discovery be conducted according to governing laws and rules; or (5) to oppose 4 production of any information on any ground allowed under Federal Rules of Civil 5 Procedure, or any other state or federal law, rule or regulation.

By signing this

6 Order, a producing party is not deemed to waive any objection to the production of 7 any document. In addition, the election by any party to disclose any portion of its 8 "CONFIDENTIAL" information to others shall not be deemed a waiver of any of 9 the rights established by this Order.

The placing of any "CONFIDENTIAL"

10 designation or a production identification number on the face of a document 11 produced shall have no effect on the authenticity or admissibility of that document 12 at trial. 13 14

9.

Filing Confidential Information With The Court

Whenever a party files any document with the Court that contains (a)

15 Materials that has been designated as "CONFIDENTIAL," or (b) Confidential 16 Information of any party, the filing party shall first request permission to file the 17 Material under seal in accordance with California Rule of Court Rule 2.551. 18 19

10.

Use Of "Confidential" Material In Court

Should counsel for any party desire to use "CONFIDENTIAL" material, or

20 any portion or summary thereof, during any proceedings held in open court, he or 21 she shall, prior to such use, make reference to the confidentiality thereof, and 22 counsel for the designating party may at the time of that use request that any portion 23 of the transcript containing that reference to "CONFIDENTIAL" information, and 24 any "CONFIDENTIAL" documents attached as exhibits, be filed under seal with 25 this Court and be accorded treatment as "CONFIDENTIAL" as provided by this 26 Order.

Counsel for the parties shall exercise due care not to disclose

27 "CONFIDENTIAL" information needlessly in the public record of any proceedings. 28
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11.

Maintenance Of "Confidential" Material

A person with custody of Materials designated as "CONFIDENTIAL" shall

3 maintain it in a manner that ensures that access to it is strictly limited to Persons 4 entitled to receive Confidential Information in accordance with this Protective 5 Order. 6 7

12.

Subpoenas

In the event a party or its attorneys receive a subpoena or other process or

8 order to produce Confidential Information in another action or proceeding, that party 9 and/or its attorneys shall, not later than 14 days prior to compliance with the 10 subpoena or other process or order, notify the other party's attorney of record in this 11 Action and specify the Confidential Information sought by the subpoena or other 12 process or order. 13 14

13.

Jurisdiction

Upon conclusion of this litigation, this Court shall retain such jurisdiction

15 with respect to this Protective Order for purposes of enforcing its terms and 16 conditions and to enable any party herein affected to apply for such other and further 17 orders concerning the subject of this Protective Order as may be necessary or 18 appropriate. Counsel for the designating party shall have the opportunity to oppose 19 any request for public inspection. 20 21 22 23 24 25 26 27 28

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Case No. 1:10-CV-01256-OWW-JLT STIPULATED PROTECTIVE ORDER

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14.

Rights Intact

Except as described herein, this Protective Order shall not abrogate or

3 diminish any contractual, statutory or other legal obligation or right of any party or 4 person with respect to any Confidential Information. 5 6 Dated: March 23, 2011 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case No. 1:10-CV-01256-OWW-JLT STIPULATED PROTECTIVE ORDER

RUTAN & TUCKER, LLP

By:

/s/ Shawn M. Larsen Shawn M. Larsen Attorneys for Defendant and CounterClaimant MADEIRA USA, LTD.

Dated: March 23, 2011

WILD, CARTER & TIPTON

By: /s/Monrae English (as authorized on 3/23/11) Monrae English Attorneys for Plaintiff and CounterDefendant MARTHA MIRAMONTES

ORDER IT IS SO ORDERED: Dated: March 25, 2011 /s/ OLIVER W. WANGER Judge Of U.S. District Court Eastern District of California

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CERTIFICATION TO BE BOUND BY PROTECTIVE ORDER I hereby acknowledge that I am about to receive Confidential Information

3 provided in connection with the litigation entitled Martha Miramontes v. Madeira 4 USA, Ltd., United States District Court, Eastern District of California, Case No. 5 1:10-cv-01256 OWW JLT (the "Action"). I certify my understanding that such 6 Confidential Information is to be provided to me pursuant to the terms and 7 restrictions of the Protective Order in the action and that I have been given a copy 8 of and have read said Protective Order and agree to be bound by the terms thereof. 9 I understand that such Confidential Information and any copies I make of any 10 Document containing Confidential Information or any notes or other records that 11 may be made regarding any such Confidential Information shall not be disclosed to 12 any persons other than those persons to whom such information may be disclosed 13 pursuant to this Protective Order. 14 15 Dated: 16 17 18 19 20 21 22 23 24 25 26 27 28
Exhibit A -11Case No. 1:10-CV-01256-OWW-JLT STIPULATED PROTECTIVE ORDER

Signature

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