U.S. Equal Employment Opportunity Commission v. Central California Foundation for Health et al

Filing 32

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Jennifer L. Thurston on 9/19/2011. (Leon-Guerrero, A)

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Anna Y. Park, SBN 164242
Derek Li, SBN 150122
Peter Laura, SBN 116426
Rumie Vuong, SBN 249152
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
255 East Temple Street, Fourth Floor
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

Case No.: 1:10-CV-01492-LJO-JLT

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Plaintiff,

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STIPULATION AND PROTECTIVE
ORDER REGARDING
“CONFIDENTIAL” INFORMATION OR
DOCUMENTS

and
DOUGLAS ABDON, DAVID AGBAYANI,
PACITA AGUSTIN, MANUELA ANINION,
MELCHOR APOSTOL, ANGELITA
BALIGAD, NENA BALLESTEROS,
FERDINAND BARACEROS, MARIA
BUSTO, BELEN CABBAB MICHELLE
CABBAB, FELY CACAL, NORMI CACAL,
ERLINDA CAMOTUYA, ESTHER
CASABAR, NORA CASIMIRO, ELNORA
CAYME, GINA CORREA, ARMELIZA
DELA CRUZ, ESTER DELOS SANTOS,
HILDA DUCUSIN, AIDA ESTRELLA,
FLORENTINA FAILANO, EDUARDO
FRIAL, CONSOLACION GALAFTE,
JOVENA GALLEGOS, LUZ GALLEGOS,
TOMASA GUMALLAOI, MELINDA INTOC,
CALIXTO LAMUG, WILMA LAMUG,
ANIELYN MANALASTAS, ROME

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MANALASTAS, MARIBELLE MANANKIL,
SOL MANAOIS, ELIZABETH MATIAS,
CRISTINA NELMIDA, NELSON NISPEROS,
VENUS PAGSUBERON, PRISCILLA
PENALOSA, EVANGELINE PICATO, JOSE
PIRA, FEDERICO QUINIONES, NANNETTE
QUINO, TERESITA RAFANAN, MELANIE
REFUERZO, MARILOU RIOLA, MARIA
TERESA SOLANO, NECITA TABAJONDA,
MYRNA TORRES, ELENA VILLAMOR,
AND ROMEO VILLAMOR.
Plaintiff-Intervenors

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v.
CENTRAL CALIFORNIA FOR HEALTH
d/b/a DELANO REGIONAL MEDICAL
CENTER; AND DELANO HEALTH
ASSOCIATES, INC., and DOES 1 through 15,
inclusive,

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Defendants.

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STIPULATION

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Plaintiff United States Equal Employment Opportunity Commission (“EEOC” or

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“Plaintiff”), Plaintiffs’-In-Intervention, and Defendants Central California For Health and

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Delano Health Associates, Inc. (“Defendants”), through their respective counsel of record,

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hereby stipulate as follows pursuant to Fed. R. Civ. P. 26(c) as follows:

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1.

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For the purposes of this protective order, “confidential” information is information and

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documents which reveal the following information about Defendants’ current or former

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employees: (1) social security number; (2) current address and telephone number; (3) individual

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compensation information; (4) employee performance reviews and appraisals; (5) employment

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applications; and (6) information regarding discipline of employees.

Confidential Information

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2.

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Use of Confidential Information and Documents
a.

The parties agree that “confidential” information and documents

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containing “confidential” information shall only be used for a purpose related to the prosecution

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and/or defense of the litigation of this action. The only individuals entitled to review such

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documents produced shall be counsel for the parties and members of counsel’s staff; any

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consultants retained by any party’s counsel, the Court and Court staff; and any experts retained

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by any party’s counsel. With respect to employee disciplinary matters and performance apprials

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appraisals and reviews, a person who was the subject of the employee discipline or performance

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appraisal, and those who were the authors of a document, and those who edited or the

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editors/reviewers of such a documents, may be shown a copy of such the document. With regard

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to witnesses or whose those who provided statements for purposes of employee disciplinary

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matters, such individuals shall be permitted to review their won own statement, or summaries of

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their statements and observations, if authored by another person.

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of privileged documents or confidential information to any Charging Party who is covered within

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this action, or shall there be any disclosure to any Plaintiff in Intervention, except as set forth

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here.

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b.

There shall be no disclosure

To the extent that “confidential” information or documents containing

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“confidential” information are used in connection with pleadings filed with the Court, then such

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“confidential” information they shall be redacted in accordance with Fed. R. Civ. P. 5.2 and

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Local Rule 140. Should a party seek to file a “confidential document” or record containing

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“confidential information,” the party SHALL comply with Local Rules141 and 141.2.

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3.

The parties enter into this stipulated Protective Order without prejudice to any

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party’s right to object to the disclosure of any information on any ground that it may deem

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appropriate, and any party or non-party may, upon motion, seek relief from, or modification of

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this Protective Order on a showing of good cause.

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4.

If any party discovers that any confidential document or confidential information

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subject to this protective order is improperly disclosed to any person other than in the manner

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authorized by this Protective Order, the party making such discovery shall immediately inform

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the other parties of all pertinent facts relating to such disclosure, including the name and address

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of each person to whom disclosure was made, and shall make reasonable efforts to prevent

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disclosure by said authorized person(s).

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All parties agree that prior to commencement of trial they will in good faith

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attempt to enter into mutually agreeable stipulations and protective orders with respect to any

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confidential information and confidential documents which are subject to this protective order

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where there is desire on the party of a party to have such information disclosed during trial. Any

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unresolved disputes shall be resolved in accordance with the applicable Federal Rules of Civil

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Procedure, and Federal Rules of Evidence and/or the Court’s pretrial order. Any party intending

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to utilize any confidential information or documents subject to this protective order in a law and

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motion matter or at trial SHALL comply with Local Rules 141 and 141.2.

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6.

All parties to this Protective Order have had an opportunity to participate in

drafting this Order.
7.

Nothing in this Order should be construed to prohibit the EEOC from disclosing

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the information if required by Congress or other governmental entities or to interfere with

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EEOC’s statutory law enforcement and investigative activities.

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IT IS SO STIPULATED:
Dated: __________________

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
By:
Peter F. Laura
Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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Dated: __________________

ASIAN PACIFIC AMERICAN
LEGAL CENTER

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By:

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Carmina Ocampo
Attorneys for Plaintiffs-In- Intervention
DOUGLAS ABDON, et.al.

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Dated:

CLIFFORD & BROWN

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By:

___________________________
Robert D. Harding

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Attorneys for Defendant
CENTRAL CALIFORNIA FOUNDATION FOR
HEALTH d/b/a DELANO REGIONAL MEDICAL
CENTER

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PROTECTIVE ORDER

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FOR GOOD CAUSE SHOWN, the Court ORDERS the protective order submitted by

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the parties and as modified by the Court, into effect.

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IT IS SO ORDERED.
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Dated:

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September 19, 2011

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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