Seed Services, Inc. v. Winsor Grain, Inc., et al

Filing 38

Stipulated PROTECTIVE ORDER Governing Confidential and Proprietary Information signed by Magistrate Judge Gary S. Austin on 8/2/2011. (Bradley, A)

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6 T. SCOTT BELDEN, CSB No. 184387 PAUL C. FRANCO, CSB No. 203899 KALEB L. JUDY, CSB No. 266909 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 4550 California Avenue, Second Floor Bakersfield, California 93309 P.O. Box 11172 Bakersfield, California 93389-1172 Telephone: (661) 395-1000 Facsimile: (661) 326-0418 E-Mail: sbelden@kleinlaw.com; kjudy@kleinlaw.com 7 Attorneys for Plaintiff and Cross-Defendant Seed Services, Inc. 1 2 3 4 5 4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309 UNITED STATES DISTRICT COURT 9 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 8 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 10 11 12 SEED SERVICES, INC., a California corporation, Case No. 1:10-cv-02185-AWI-GSA Stipulated Protective Order Governing Confidential and Proprietary Information Plaintiff, 13 vs. 14 15 16 17 WINSOR GRAIN, INC., a Minnesota corporation, WILLIAM L. COOK, an individual, and DOES 1 through 35, Inclusive. Defendants. 18 19 Plaintiff and cross-defendant SEED SERVICES, INC., by and through its attorneys, 20 Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball, LLP, and defendants and cross- 21 complainants WINSOR GRAIN, INC. AND WILLIAM COOK, by through their attorneys, 22 Gilmore Wood Vinnard & Magness, stipulate as follows: 23 WHEREAS the parties believe that discovery in this action may include the disclosure 24 and/or production of documents, writings, materials, information, or testimony that may be 25 protected under the constitutional, statutory, or common law right to privacy or protected as 26 27 28 1 PROTECTIVE ORDER 1 confidential business and financial, proprietary, and/or trade secret information, and without 2 waiver of objections to the discoverability of any such information, it is the parties’ intention to 3 provide a mechanism by which discovery of relevant information, otherwise not objectionable, 4 may be obtained in a manner that protects all parties, including non-parties, and third parties to 5 this litigation, from the risk of unwarranted disclosure of such confidential information. 6 7 8 4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 9 10 IT IS HEREBY STIPULATED AND AGREED by and between the parties that the following procedures will be employed: 1. The term ―Documents‖ means all writings and recordings as defined in Federal Rules of Evidence Rule 1001. 2. Nothing in this Protective Order is deemed to either (a) waive any objection the 11 parties may raise to the production of any information and the right to refuse to produce such 12 information based on any objection, or (b) be an admission regarding the relevancy of the 13 information requested. 14 3. This Protective Order shall govern the designation and handling of information 15 containing or concerning confidential or proprietary non-public, commercial, financial, trade 16 secret, or private information produced in this lawsuit, whether produced by plaintiff, 17 defendants, or third parties. 18 4. With respect to any confidential information or Documents, as defined in 19 paragraph 3, the parties may designate, at or prior to the time of or after the production of such 20 information, all or any portion of such information as confidential information under the terms 21 of this Protective Order. 22 5. The parties may also designate as confidential any information that the party in 23 good faith believes constitutes confidential information within the scope of paragraph 3. The 24 parties may also designate as confidential any personal information or information subject to a 25 legally protected right of privacy. 26 6. Documents designated ―Confidential – Subject to Protective Order‖ produced 27 during discovery shall be used only for the purpose of preparing for and conducting discovery, 28 trial, any proceedings in this action, and any appeal, and not for any business, personal, or other 10cv2185.Seed Services.Protective order.mp.DOC 2 1 purpose whatsoever. Documents designated ―Confidential—Subject to Protective Order‖ shall 2 not be given, shown, or made available or communicated in any way to anyone except as 3 provided in this protective order. 4 7. By a person’s signature on a copy of Exhibit ―A,‖ that person agrees to be 5 bound by the terms of this protective order and understands that a violation of the terms of this 6 protective order will constitute contempt of court. Each party will maintain a separate file of 7 all signed copies of Exhibit ―A.‖ 8 4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 9 10 8. Except as otherwise provided by this protective order, Documents designated ―Confidential—Subject to Protective Order‖ may be disclosed to the following only if they have first signed Exhibit ―A‖: a. counsel of record for the parties in this action, including attorneys, clerical, 11 paralegal, or other staff employed by such counsel; 12 b. individual parties and such officers, directors, or employees of parties, as 13 counsel in good faith require to provide assistance in the prosecution or defense of 14 this action, and for no other purpose; 15 c. expert witnesses or consultants retained by counsel of record for the parties in 16 this action; and 17 d. any mediators, arbitrators, or other persons moderating a form of alternative 18 dispute resolution to which the parties may submit. 19 9. Except as otherwise provided by this protective order, Documents designated 20 ―Confidential—Subject to Protective Order‖ may be disclosed to the following in the course of 21 any proceeding of which all parties to the lawsuit have notice: 22 a. Court reporters; 23 b. The court, subject to the provisions of paragraph 12; and 24 c. Witnesses at deposition or trial. 25 10. Documents designated ―Confidential—Subject to Protective Order‖ may be 26 disclosed to deponents in the course of reviewing, correcting and signing their own deposition 27 transcripts, but the deponent may not retain a copy of the transcript unless he or she signs a 28 copy of Exhibit ―A.‖ 10cv2185.Seed Services.Protective order.mp.DOC 3 1 11. Exceptions: 2 a. This Protective Order shall not apply to information legitimately obtained by a 3 party or its agents from a source other than the other party under this Protective 4 Order, even if such information is additionally contained in materials marked as 5 ―Confidential—Subject to Protective Order.‖ 6 b. This Protective Order also shall not apply to any information that is or becomes 7 demonstrably public knowledge other than by act or omission of a person subject to this protective order. 8 4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 9 10 11 12. Any Documents designated ―Confidential—Subject to Protective Order‖ that are filed with the court shall be filed in sealed envelopes or other appropriate sealed containers. The envelope shall bear a label containing the title of the action and its court number, and the title of the filed document to which it pertains. The label shall also bear the words: 12 CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER 13 This envelope contains Private Financial Information, and may not be opened or the contents revealed except by order of the court. 14 15 16 Any Documents designated ―Confidential—Subject to Protective Order‖ filed with the 17 court shall be maintained under seal by the Clerk of the Court and shall be made available only 18 to the court and to counsel for the parties, until further order of the court. Counsel for the 19 parties shall comply with all other applicable laws, decisions, and court rules regulating the 20 submission of sealed information to a court. 21 13. No party is obligated to challenge the designation of Documents designated 22 ―Confidential—Subject to Protective Order‖ at the time of the designation. Any failure to 23 challenge a designation does not preclude any subsequent challenge to the designation. 24 a. If a party objects to the designation of a Document designated ―Confidential— 25 Subject to Protective Order,‖ counsel must meet and confer with the other party in a 26 writing delivered by facsimile transmission in an attempt to informally resolve the 27 issue. If the challenge cannot be informally resolved within 15 days of the delivery 28 of the meet and confer, the party challenging the designation must move the court 10cv2185.Seed Services.Protective order.mp.DOC 4 1 for a ruling regarding the Document within 45 days of delivery of the meet and 2 confer, unless otherwise agreed by the parties in writing. 3 b. A party that challenges a designation of a Document designated ―Confidential— 4 Subject to Protective Order,‖ but does not move the court within 45 days of the 5 meet and confer, waives any objection or challenge with respect to the designation 6 of the Document. 7 c. Until this court enters an order changing the designation of the Document, it shall be treated as if it were subject to this Protective Order. 8 d. These provisions are not intended to nor shall they be construed to alter the 4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 9 requirements, burdens, or obligations of any of the respective parties under 10 applicable law with respect to designating, challenging, or defending the 11 designation of a Document designated ―Confidential—Subject to Protective Order.‖ 12 14. 13 14 15 Some Documents designated ―Confidential—Subject to Protective Order‖ may have to be presented at mediation, arbitration, or some other method of alternative dispute resolution, trial, appeal, or retrial of this matter. The parties do not intend for this Protective Order to prohibit or limit the presentation of such evidence. 16 15. At the conclusion of this litigation (i.e., upon its final dismissal or entry of 17 judgment, including the end of any appeals), all Documents designated ―Confidential—Subject 18 to Protective Order‖ will be returned to the party or person who originally produced the 19 Document. The attorneys of record for each party shall be entitled to retain their own copies of 20 all pleadings, motion papers, discovery responses, deposition transcripts, correspondence, legal 21 memoranda, and work product. This order shall continue to be binding on the parties and their 22 counsel after the conclusion of this litigation. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 10cv2185.Seed Services.Protective order.mp.DOC 5 1 IT IS SO STIPULATED. 2 3 Dated: 7-27-11 WINSOR GRAIN, INC., and WILLIAM L. COOK; 4 Through their attorneys, 5 GILMORE WOOD VINNARD & MAGNESS 6 By _____/s/ Scott L. Jones_____ ___________ 7 DAVID MALCOLM GILMORE SCOTT L. JONES 8 4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 9 10 Dated: ____________ SEED SERVICES, INC. 11 Through its attorneys, 12 KLEIN, DeNATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 13 14 By ________/s/ T. Scott Belden_____________ T. SCOTT BELDEN PAUL C. FRANCO KALEB L. JUDY Plaintiff & Cross-Defendant Seed Services, Inc. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10cv2185.Seed Services.Protective order.mp.DOC 6 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 3 4 SEED SERVICES, INC., a California corporation, Case No. 1:10-cv-02185-AWI-GSA 5 Plaintiff, 6 vs. 7 8 4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 9 WINSOR GRAIN, INC., a Minnesota corporation, WILLIAM L. COOK, an individual, and DOES 1 through 35, Inclusive. Defendants. 10 11 12 Exhibit “A” 13 14 15 16 17 18 I, Scott L. Jones, declare under penalty of perjury under the laws of the State of California and the United States of America that I have read in its entirety the Stipulation for Protective Order in the above-referenced lawsuit, and agree to adhere to and be bound by all of its terms. I understand that any violation of the terms of the protective order can result in an order that I am in contempt of the United States District Court for the Eastern District of California, with all of its attendant consequences. 19 20 Signed: /s/ Scott L. Jones Dated: 7-27-11 Print Name Scott L. Jones 21 22 23 24 Print Address 10 River Park Place East, Ste. 240, Fresno, CA 93729-8907 25 Work Phone (559) 448-9800 26 27 28 10cv2185.Seed Services.Protective order.mp.DOC 7 1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 4 5 6 SEED SERVICES, INC., a California corporation, Plaintiff, 7 vs. 8 4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 9 10 Case No. 1:10-cv-02185-AWI-GSA WINSOR GRAIN, INC., a Minnesota corporation, WILLIAM L. COOK, an individual, and DOES 1 through 35, Inclusive. 11 Defendants. 12 13 Exhibit “A” 14 I, T. Scott Belden, declare under penalty of perjury under the laws of the State of 15 16 17 18 19 20 California and the United States of America that I have read in its entirety the Stipulation for Protective Order in the above-referenced lawsuit, and agree to adhere to and be bound by all of its terms. I understand that any violation of the terms of the protective order can result in an order that I am in contempt of the United States District Court for the Eastern District of California, with all of its attendant consequences. 21 22 Signed: /s/ T. Scott Belden 23 Dated: 7-28-11 25 Print Name T. Scott Belden 26 Print Address 4550 California Avenue, 2nd Floor, Bakersfield, CA 93309 27 Work Phone (661) 395-1000 24 28 10cv2185.Seed Services.Protective order.mp.DOC 8 1 ORDER 2 3 4 The Court has reviewed the above stipulation and adopts it in its entirety. However, the parties are advised that any documents designated as confidential that are filed with the Court must comply with Local Rule 141. 5 6 7 8 4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 9 10 11 IT IS SO ORDERED. Dated: August 2, 2011 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 DEAC_Signature-END: 13 6i0kij8d 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10cv2185.Seed Services.Protective order.mp.DOC 9

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