Franco et al v. Ruiz Food Products, Inc.

Filing 24

STIPULATION and PROTECTIVE ORDER regarding disclosure of confidential documents signed by Magistrate Judge Sheila K. Oberto on 7/19/2011. (Timken, A)

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Mitchell F. Boomer (SBN: 121441)
JACKSON LEWIS LLP
199 Fremont Street, 10th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant Ruiz Food
Products, Inc.

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Lesley E. Weaver, Esquire
Shepherd, Finkelman, Miller & Shah, LLP
199 Fremont Street, 20th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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(Additional counsel on signature page)
Attorneys for Plaintiffs and the Proposed
Class

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRICIA FRANCO and LILIA
CASTRO, on behalf of themselves and
on behalf of all other similarly situated
individuals,

Case No.: 1:10-CV-02354-AWI-SKO
STIPULATION AND PROTECTIVE
ORDER REGARDING
DISCLOSURE OF CONFIDENTIAL
DOCUMENTS

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Plaintiffs,

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v.
RUIZ FOOD PRODUCTS, INC., and
DOES 1-50, inclusive,

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Defendants.

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Plaintiffs Patricia Franco and Lilia Castro, on behalf of themselves and all

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other similarly situated individuals, (hereinafter “Plaintiffs”) and Defendant Ruiz

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Food Products, Inc. (hereinafter “Ruiz Foods”), through their counsel of record,
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STIPULATED PROTECTIVE ORDER

Case No.: 1:10-CV-02354-AWI-SKO

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hereby stipulate and agree as follows:

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1.

PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve and/or

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already have involved production of confidential, proprietary, or private

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information for which special protection from public disclosure and from use for

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any purpose other than prosecuting this litigation would be warranted.

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information includes, but is not limited to, private personnel information such as

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disciplinary records, social security numbers and compensation and benefits, as

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well as Ruiz Foods’ confidential or trade secret information related to its product

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manufacturing operations. Accordingly, the parties hereby stipulate to and petition

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the Court to enter the following Stipulated Protective Order.

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acknowledge that this Order does not confer blanket protections on all disclosures

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or responses to discovery and that the protection it affords extends only to the

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limited information or items that are entitled under the applicable legal principles to

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treatment as confidential. The parties further acknowledge that this Stipulated

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Protective Order creates no entitlement to file confidential information under seal;

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applicable federal and local rules must be followed and reflect the standards that

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will be applied when a party seeks permission from the Court to file material under

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seal. It is the parties’ objective to avoid filing materials under seal to the greatest

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extent possible, and this protective order is designed to minimize the need for the

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use of such sealed filing procedures by protecting against inadvertent disclosure of

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confidential information during discovery and other activities preceding any court

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filings and/or hearings.

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2.

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Such

The parties

DEFINITIONS
2.1

Party: Any party to this action, including all of its, her, or their

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officers, directors, employees, consultants, retained experts, and outside counsel

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(and their support staff).

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2.2

Disclosure or Discovery Material:

All

items

or

information,

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regardless of the medium or manner generated, stored, or maintained (including,

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among other things, testimony, transcripts, or tangible things) that are produced or

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generated in disclosures or responses to discovery in this matter.

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2.3

“Confidential” Information or Items: Information (regardless of how

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generated, stored, or maintained) or tangible things that qualify for protection under

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federal or state law, including information the Producing Party may contend

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contains confidential business or technical information, proprietary information,

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trade secrets, or other information considered by the Producing Party in good faith

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to be confidential.

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2.4

Receiving Party:

A Party that receives Disclosure or Discovery

Material from a Producing Party.
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Producing Party: A Party or non-party that produces Disclosure or

Discovery Material in this action.
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Protected Material: “Protected Material” shall include any Disclosures

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or Discovery Material: (1) describing, referring or relating to all payroll records

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including but not limited to timekeeping records and punch details, records related

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to wages, earnings, wage rates, pay rates, benefits, and compensation received by

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Plaintiffs or any other current or former Ruiz Foods’ employees: (2) describing,

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referring or relating to costs, pricing, manufacturing processes, practices and

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techniques and all other aspects of Ruiz Foods’ manufacturing and business

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operations; (3) describing, referring or relating to discipline of any current or

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former Ruiz Foods’ employees; and, (4) unique information referring or relating to

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any current or former Ruiz Foods’ employees including but not limited to medical

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information and personal identification such as social security information.

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2.7

Outside Counsel: Attorneys who are not employees of a Party but who

are retained to represent or advise a Party in this action.

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2.8

House Counsel: Attorneys who are employees of a Party.

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2.9

Counsel (without qualifier): Outside Counsel and House Counsel (as
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well as their support staffs).

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also any information copied or extracted

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therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus

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testimony, conversations, or presentations by parties or counsel to or in court or in

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other settings that might reveal Protected Material.

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4.

DURATION

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Even after the termination of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until the Parties agree otherwise in

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writing or a court order otherwise directs. In addition, the Parties agree to be bound

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by this agreement pending approval of the court.

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5.

PROTECTED MATERIAL
5.1

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Any Producing Party that believes documents produced in discovery

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constitute Protected Material shall mark such documents “CONFIDENTIAL.” For

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information produced in some form other than documentary, and for any other

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tangible items, the Producing Party shall affix in a prominent place on the exterior

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of the container or containers in which the information or item is stored the legend

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“CONFIDENTIAL.”
5.2

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Deposition transcript pages containing Protected Material must be

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separately bound by the court reporter, who must affix to the top of each such page

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the legend “CONFIDENTIAL,” if so instructed by the Party or non-party offering

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or sponsoring the witness or presenting the testimony. In the event that such a

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designation is not made during a deposition, either party to the litigation may make

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such a deposition within thirty (30) days of receiving the deposition transcript.

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6.

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ACCESS TO AND USE OF PROTECTED MATERIAL
6.1

Basic Principles. A Receiving Party may use Protected Material that is

disclosed or produced by another Party or by a non-party in connection with this
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case only for prosecuting, defending, or attempting to settle this litigation.

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Protected Material may be disclosed only to the categories of persons and under the

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conditions described in this Order. When the litigation has been terminated, a

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Receiving Party must comply with the provisions of section 9, below (FINAL

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DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a

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location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.

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6.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the Court or permitted in writing by the agreement of all

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Parties, a Receiving Party may disclose Protected Material only to:

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(a)

the Receiving Party’s Counsel of record in this action, as well as

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employees of said Counsel to whom it is reasonably necessary to disclose the

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information for this litigation and who have signed the “Agreement to Be Bound by

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Protective Order” that is attached hereto as Exhibit A;

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(b)

the Court and its personnel;

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(c)

court reporters, their staffs, and professional vendors to whom

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disclosure is reasonably necessary for this litigation and who have signed the

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“Agreement to Be Bound by Protective Order” (Exhibit A);

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(d)

witnesses in the action to whom disclosure is reasonably

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necessary during their depositions and who have signed the “Agreement to Be

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Bound by Protective Order” (Exhibit A), if the Producing Party contemporaneously

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requests that the witness sign the Agreement. Pages of transcribed deposition

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testimony or exhibits to depositions that reveal Protected Material must be

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separately bound by the court reporter and may not be disclosed to anyone except

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as permitted under this Stipulated Protective Order. However, a request that such

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materials be so bound may be made either at the deposition, or within thirty (30)

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days of receipt of the deposition transcript;
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(e)

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the author of the document or the original source of the

information; and,
(f)

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witnesses, and individuals retained as consultants or expert

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witnesses, provided such individuals have first been shown and signed the

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“Agreement to Be Bound by Protective Order” (Exhibit A).

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7.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a Receiving Party learns, by inadvertence or otherwise, that it has disclosed

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Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, the Receiving Party must immediately (a) notify in

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writing the counsel for the other Party of the unauthorized disclosures, (b) use its

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best efforts to retrieve all copies of the Protected Material, (c) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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and (d) request such person or persons to execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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8.

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Material may be filed with the Court directly unless the Party which produced such

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Protected Material brings a motion requiring the filing of such documents to be

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made under Seal pursuant to Civil Local Rules 141 and 141.1.

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9.

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Producing Party, within sixty (60) days after the final termination of this action,

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each Receiving Party must return all Protected Material to the Producing Party. As

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used in this subdivision, “all Protected Material” includes all copies, abstracts,

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compilations, summaries or any other form of reproducing or capturing any of the

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Protected Material. The Receiving Party must submit a written certification to the

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Producing Party (and, if not the same person or entity, to the Designating Party) by

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the sixty (60) day deadline that affirms that all the Protected Material was returned

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and that affirms that the Receiving Party has not retained any copies, abstracts,

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compilations, summaries, or other forms of reproducing or capturing any of the

FILING PROTECTED MATERIAL. Where otherwise appropriate, Protected

FINAL DISPOSITION. Unless otherwise ordered or agreed in writing by the

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STIPULATED PROTECTIVE ORDER

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Protected Material. Notwithstanding this provision, the Parties are entitled to retain

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an archival copy of all pleadings, motion papers, transcripts, legal memoranda,

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correspondence, or attorney work product, even if such materials contain Protected

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Material. Any such archival copies that contain or constitute Protected Material

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remain subject to this Protective Order as set forth in Section 4 (DURATION),

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above.

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10.

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MISCELLANEOUS
10.1 Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the Court in the future.

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10.2 Right to Assert Other Objections. By stipulating to the entry of this

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Protective Order, no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in

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this Stipulated Protective Order. Similarly, no Party waives any right to object on

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any ground to use in evidence of any of the material covered by this Protective

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Order.

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Dated: July 15, 2011

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Respectfully submitted,

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JACKSON LEWIS LLP

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/s/ Mitchell F. Boomer
Mitchell F. Boomer (State Bar No. 121441)
199 Fremont Street, 10th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Cynthia Sandoval (State Bar No.191390)
JACKSON LEWIS LLP
5000 Birch Street, Suite 5000
Newport Beach, California 92660
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant Ruiz Food Products, Inc.

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IT IS SO STIPULATED:

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SHEPHERD,
FINKELMAN,
MILLER & SHAH, LLP
E-filing attorney authorized to
submit conformed signature on
behalf of:
/s/ Lesley E. Weaver
Lesley E. Weaver, Esquire
199 Fremont Street, 20th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Eric L. Young, Esquire
Egan Young, Attorney-at-Law
526 Township Line Road, Suite 100
Blue Bell, PA 19422
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
James E. Miller, Esquire
Karen M. Leser-Grenon, Esquire
Shepherd, Finkelman, Miller & Shah,
LLP
65 Main Street
Chester, CT 06412
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

Philip A. Downey, Esquire
The Downey Law Firm, LLC
P.O. Box 1021
Unionville, PA 19375
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Attorneys for Plaintiffs and the Proposed Class

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 

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I,

________________________,

[print

or

type

full

name],

of

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____________________ [print or type full address], declare under penalty of

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perjury that I have read in its entirety and understand the Stipulated Protective

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Order that was issued by the United States District Court for the Eastern District of

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California on _____________ [date] in the case of Patricia Franco and Lilia

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Castro, on behalf of themselves and on behalf of all similarly situated individuals v.

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Ruiz Food Products, Inc. Case No. 1:10-CV-02354-AWI-SKO. I agree to comply

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with and to be bound by all the terms of this Stipulated Protective Order and I

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understand and acknowledge that failure to so comply could expose me to sanctions

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and punishment in the nature of contempt. I promise that I will not disclose in any

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manner any information or item that is subject to this Stipulated Protective Order to

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any person or entity, except in compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court

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for the Eastern District of California for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action.

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Date: _________________

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City and State where sworn and signed: _____________________________

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Printed name: _____________________________

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Signature: _____________________________
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STIPULATED PROTECTIVE ORDER

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ORDER OF THE COURT
Having reviewed the Parties’ “Stipulation and Protective Order Regarding
Disclosure of Confidential Documents,” the Court finds as follows:

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1. Plaintiffs and Defendant propose that the following information likely to

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be exchanged in discovery in this matter should be treated as confidential

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“Protected Material:” (1) documents or discovery material describing,

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referring or relating to all payroll records including but not limited to

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timekeeping records and punch details, records related to wages, earnings,

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wage rates, pay rates, benefits, and compensation received by Plaintiffs or

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any other current or former Ruiz Foods’ employees: (2) documents or

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discovery material describing, referring or relating to costs, pricing,

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manufacturing processes, practices and techniques and all other aspects of

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Ruiz Foods’ manufacturing and business operations; (3) documents or

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discovery material describing, referring or relating to discipline of any

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current or former Ruiz Foods’ employees; and (4) documents or discovery

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material containing unique information referring or relating to any current

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or former Ruiz Foods’ employees including but not limited to medical

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information and personal identification such as social security in shall

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constitute as follows:

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2. Good cause warrants ordering that each of the proposed categories of

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Protected Material be treated as confidential in order to protect, on the one

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hand, the privacy rights of Ruiz Foods’ current and former employees

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with respect to their compensation, finances, disciplinary records and

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other personal information and, on the other hand, Ruiz Foods’ legitimate

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interest in protecting confidential and/or trade secret information

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pertaining to its manufacturing operations and products.

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3. The Parties anticipate utilizing expert witnesses and/or consultants;

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therefore, it is appropriate for the court to issue an order to enforce the
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STIPULATED PROTECTIVE ORDER

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Parties’ agreed upon treatment of the Protected Material during the

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pendency of this action.

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Based upon the foregoing Stipulation and good cause appearing, the Court

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grants the Parties’ STIPULATION AND PROTECTIVE ORDER REGARDING

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DISCLOSURE OF CONFIDENTIAL DOCUMENTS.

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IT IS SO ORDERED.
Dated:

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July 19, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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STIPULATED PROTECTIVE ORDER

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