Piasecki vs. Lozano Smith, Inc., et al.

Filing 14

STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Sandra M. Snyder on 2/16/2012. (Fahrney, E)

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JACOB J. RIVAS, Bar No. 208504
LAW OFFICE OF JACOB J. RIVAS
7050 N. Fresno Street, Suite 208
Fresno, California
Telephone: [phone]
Facsimile: 559.263.9668
Email: [e-mail]
Attorneys for Plaintiff
CYNTHIA M. PIASECKI

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BREN K. THOMAS, Bar No. 156226
KHATEREH SAGE FAHIMI, Bar No. 252152
LITTLER MENDELSON, P.C.
5200 North Palm Avenue, Suite 302
Fresno, CA 93704.2225
Telephone:
559.244.7500
Facsimile:
559.244.7525
Email: [e-mail]; [e-mail]
Attorneys for Defendant
LOZANO SMITH, INC. AND CARLITA
ROMERO

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA M. PIASECKI,
Plaintiff,

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Case No. 1:11-CV-01219-SMS
STIPULATED PROTECTIVE ORDER

v.
LOZANO SMITH, INC., CARLITA
ROMERO, and DOES 1-10.,

Trial Date: April 8, 2013

Defendant.

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Documents and information subject to discovery in this action reflect, or may reflect,

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confidential financial, commercial, proprietary, medical, personnel or personal information of the

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parties and non-parties. The following Stipulation and Protective Order shall govern the production,

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disclosure, and use of such confidential information in this action.

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LITTLE R MEND ELSO N, P .C .
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

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STIPULATION RE PROTECTIVE ORDER

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IT IS HEREBY STIPULATED AND AGREED, by and between the parties,

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through their respective undersigned counsel, that a Protective Order shall be entered in this action

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as follows:

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1.

Definition of Confidential Information.

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For purposes of this Stipulation and Protective Order, "confidential information"

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means the originals or copies of business or financial records, documents containing trade secrets or

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proprietary information, personnel records, medical records and any other writing as defined by

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Federal Rule of Civil Procedure 34(a)(a)(A) reflecting confidential, commercial, medical or personal

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information that counsel for any of the stipulating parties has in good faith designated as

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confidential, and also included in the definition of "confidential information" is the information on

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said records or documents or other information that counsel for any of the stipulating parties has in

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good faith designated as confidential. No information shall be claimed to be confidential unless

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counsel making the claim has a reasonable, good faith belief that the information meets the criteria

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specified above.

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subject to the protection of this Protective Order unless such protection is expressly waived in

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writing by all of the stipulating parties or to the extent the Court rules that information, a document

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and/or a record shall not be subject to this Protective Order. Receipt of the same or similar

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information from a separate or different source or document does not remove the information,

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document(s) and/or record(s) designated as confidential from the protection of this Protective Order.

Once so designated, confidential documents, records or information shall be

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2.

Time and Manner of Designation.

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Counsel may designate documents, writings and/or information as confidential at the

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time of the production of the information, documents or other writings which counsel believes in

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good faith is confidential.

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Protective Order and Protective Order may be designated confidential by the producing party so long

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as counsel so designating has a reasonable, good faith belief that the information meets the criteria

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specified above.

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//

Documents produced prior to the execution of this Stipulation for

LITTLE R MEND ELSO N, P .C .
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

2.

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Documents shall be designated confidential by placing the word "confidential" in red

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(if readily available) on the document or, if the document was produced prior to the execution of this

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Stipulation for Protective Order and Protective Order, by identifying the document as confidential in

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writing to all counsel. Information given in deposition shall be designated confidential on the record

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during the deposition.

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confidential at any time during the deposition or within the time period allowed for making

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corrections to the deposition. If requested by counsel, such information will be transcribed by the

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Court Reporter in a separate "confidential booklet" clearly marked "Confidential" on the outside

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front cover.

Confidential information given during a deposition can be designated

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3.

Coverage.

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This Protective Order shall control production, disclosure, and use of confidential

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information throughout the course of this case. This Protective Order shall not constitute or be

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deemed to constitute any admission by any of the stipulating parties or a determination by the Court

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as to any contested issue in this case, including, without limitation, the existence or nonexistence of

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a privacy interest or privilege relating to said confidential information or its admissibility at trial.

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4.

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Documents and information obtained in discovery and designated confidential

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pursuant to this Stipulation shall not be disclosed to any person including any competitors or any

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other person except that documents and information designated confidential may be disclosed to the

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following persons and entities, provided that to do so is necessary and unavoidable for legitimate

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purposes related to this litigation and done in good faith:

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(a)

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Limits on Disclosure and Use.

counsel for the parties hereto, and their clerks, secretaries, paralegals and
investigators;

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(b)

relevant experts and consultants;

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(c)

persons who are being prepared by counsel to give testimony at a deposition

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or at trial, provided they are likely to be asked questions about the confidential

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documents, information and/or records;

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//

LITTLE R MEND ELSO N, P .C .
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

3.

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(d)

persons who are being examined by counsel at a deposition or at trial,

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provided further that opposing counsel is given an opportunity to move to

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prevent any such disclosure;

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(e)

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court personnel, including court reporters and clerks engaged in proceedings
necessary to the preparation for trial or the actual trial, of this matter.

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(f)

as described in paragraph 5, below.

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When one party has expressly designated information as confidential in conformity

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with paragraphs 1 and 2 above, then the other parties and their respective counsel shall safeguard

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such designated confidential information against disclosure. All counsel shall advise persons

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receiving designated confidential information in this action of this Protective Order and secure their

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representation in writing to maintain such information in a confidential manner, as set forth on

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Exhibit A.

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5.

Use of Confidential Information at Trial.

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Counsel for the stipulating parties agree that before trial, they will negotiate in good

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faith with respect to the confidential status of documents, records or information previously

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designated as confidential and the use of said documents, records or information at trial. In the event

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the parties are unable to agree to the confidential status and use of such information, documents,

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records or information previously designated as confidential, the parties shall not disclose or

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otherwise use said information at trial until a stipulating party or parties has had an opportunity to

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bring a motion before the Court for relief from the provisions of this Protective Order.

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Information, documents or records designated confidential will be heard or seen, as

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the case may be, at the trial only by the judge, jury, necessary court personnel, parties, necessary

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witness(es), and attorneys. The judge will instruct the jury as to the confidential nature of the

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information, documents and/or records and the fact said evidence is to remain confidential.

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6.

Lodging or Filings with the Court.

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Where counsel for a party seeks to use confidential information in any filing or

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proceeding in this action, including in pleadings, motions, depositions or other papers filed with or

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otherwise submitted to the Court, counsel shall first submit a motion to file such information or

LITTLE R MEND ELSO N, P .C .
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

4.

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introduce it in a court proceeding “under seal,” and shall request that such information be kept out of

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the public record in this action. Any motion requesting leave to file documents under seal shall

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comply with the requirements of Eastern District of California, Local Rule 141. Counsel for a party

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submitting a motion under seal shall not file confidential information or introduce it in a court

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proceeding unless and until the Court grants the motion to seal. Submission of any confidential

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information to the Court under seal shall not otherwise relieve the parties or their counsel of their

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obligations as described in this Protective Order.

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7.

Notice of Coverage by Order.

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(a)

The portions of any pleading, motion, affidavit, transcript of any deposition or

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other paper filed with the Court which constitutes, identifies, quotes or refers to designated

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confidential information shall be filed with the Court only in sealed envelopes bearing the following

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statement:

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CONFIDENTIAL: THIS ENVELOPE CONTAINS

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DOCUMENTS AND INFORMATION FILED SUBJECT TO A

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PROTECTIVE ORDER.

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(b)

Deposition transcripts and other discovery matter which have been designated

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confidential information will be marked by the court reporter or by the parties or their counsel on the

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cover of the transcripts or in other prominent locations to reflect this Protective Order.

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8.

Modification of Order.

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(a)

This Protective Order is made without prejudice to the parties’ rights to

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designate as confidential any additional documents or information that may be requested in the

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future. However, any such document or information will be so designated as confidential.

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(b)

Material disclosing designated confidential information may be removed from

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the restrictions of this Protective Order only upon the written agreement of the stipulating parties or

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by Court Order.

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LITTLE R MEND ELSO N, P .C .
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

5.

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(c)

In the event that either or any of the stipulating parties disagrees with any

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other stipulating party’s designation of information or documents as confidential, the stipulating

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party contesting confidentiality may, upon motion with notice to the other stipulating party, seek a

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Court Order removing the contested information from the terms of this Protective Order. Prior to

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any such motion, the parties shall meet and confer in good faith in an effort to reach agreement.

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(d)

Upon noticed motion by any stipulating party, the Court shall have authority

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to modify the terms of this Protective Order for good cause shown. Prior to any such motion, the

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parties shall meet and confer in good faith in an effort to reach agreement.

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9.

Return of Designated Confidential Information.

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When the action has terminated by settlement, judgment or dismissal and all appeals,

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if any, have been exhausted, all designated confidential information shall be returned to the party

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producing the documents, including all copies thereof, the parties may at that time agree that, as an

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alternative, a party possessing confidential information will destroy that information in a secure

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manner within thirty (30) days of written request from the party that produced the confidential

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information.

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10.

Limits on Scope of Protective Order.

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Nothing in this Protective Order shall be construed to relieve any party from the

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obligation to respond timely to any future discovery request, nor shall this Protective Order be

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construed as a waiver of the right to assert any objection to a discovery request. Neither shall this

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Protective Order be construed so as to prejudice the right of any party hereto to file and use a

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designated document in this court in connection with motions or trial proceedings, settlement

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conference, trial, or any other hearing or proceeding in this matter, so long as the provisions of this

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Protective Order are complied with.

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LITTLE R MEND ELSO N, P .C .
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

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Dated: February __13_, 2012
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By: /s/ Jacob J. Rivas
JACOB J. RIVAS
LAW OFFICE OF JACOB J. RIVAS
Attorneys for Plaintiff
CYNTHIA M. PIASECKI

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Dated: February __15_, 2012

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By: /s/ Khatereh Sage Fahimi
KHATEREH SAGE FAHIMI
LITTLER MENDELSON, P.C.
Attorneys for Defendant
LOZANO SMITH, INC. AND CARLITA
ROMERO

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IT IS SO ORDERED.

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Dated:

February 16, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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LITTLE R MEND ELSO N, P .C .
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

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