Viola Coppola, et al v. Gregory Smith, et al

Filing 253

AMENDED Stipulated PROTECTIVE ORDER Regarding Confidential Information (Local Rule 141), signed by Magistrate Judge Barbara A. McAuliffe on 1/26/2015. (Herman, H)

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1 Greg R. McClintock (State Bar No. 43987) gmcclintock@glaserweil.com 2 Noah P. Perch-Ahern (State Bar No. 262164) nperchahern@glaserweil.com 3 GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO, LLP 10250 Constellation Boulevard, 19th Floor 4 Los Angeles, California 90067 Phone: 310-556-7842 / Fax: 310-556-2920 5 David F. Wood (State Bar No. 68063) 6 dwood@wshblaw.com Patrick S. Schoenburg (State Bar No. 162842) 7 pschoenburg@wshblaw.com WOOD, SMITH, HENNING & BERMAN LLP 8 7112 North Fresno Street, Suite 160 Fresno, California 93720-2949 9 Phone: 559-437-2860 ♦ Fax 559-438-1350 11 Attorneys at Law 7112 NORTH FRESNO STREET, SUITE 160 FRESNO, CALIFORNIA 93720-2949 TELEPHONE 559-437-2860 ♦ FAX 559-438-1350 WOOD, SMITH, HENNING & BERMAN LLP 10 Attorneys for Defendant CALIFORNIA WATER SERVICE COMPANY 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 14 15 VIOLA COPPOLA, GARY COPPOLA, and THE TRUST OF ANTHONY M. COPPOLA, 16 Plaintiffs, 17 v. 18 GREGORY SMITH, an individual, 19 RICHARD LASTER, an individual; and THE JANE HIGGINS NASH TRUST; JANE 20 NASH AS EXECUTOR OF THE ESTATE OF DECATUR HIGGINS A/K/A THE 21 ESTATE OF MABEL ELAINE HIGGINS, HARLEY MILLER, an individual, CHERYL 22 MILLER, an individual, MARTIN AND MARTIN PROPERTIES, BENART MAIN 23 STREET PROPERTIES, CAL WATER SERVICE COMPANY, THE CITY OF 24 VISALIA and DOES 1-20, inclusive, 25 26 27 Case No. 1:11-CV-01257-AWI-BAM AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141) The Hon. Anthony W. Ishii, Ctrm. 2 Trial Date: None Set Defendants. AND RELATED CROSS-ACTIONS 28 LEGAL:10216-0001/4002713.1 -1- AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141) 1 In order to protect confidential information obtained by the parties in connection with this 2 case, the parties, by and through their respective undersigned counsel and subject to the approval 3 of the Court, hereby agree as follows: 4 1. Any party or non-party may designate as "Confidential Information" (by stamping 5 the relevant page or as otherwise set forth herein) any document or response to discovery which 6 that party or non-party considers in good faith to contain information involving trade secrets, or 7 confidential business or financial information, including personal financial information about any 8 party to this lawsuit or employee of any party to this lawsuit; information regarding any 9 individual's banking relationship with any banking institution, including information regarding the 11 not otherwise available to the public, subject to protection under F.R.C.P. Rule 5.2 and/or Rule 26 Attorneys at Law 7112 NORTH FRESNO STREET, SUITE 160 FRESNO, CALIFORNIA 93720-2949 TELEPHONE 559-437-2860 ♦ FAX 559-438-1350 WOOD, SMITH, HENNING & BERMAN LLP 10 individual's financial transactions or financial accounts, and any information regarding any party 12 or under other provisions of Federal and/or California law. Any party, federal, state or local 13 regulatory agencies also may designate as "Confidential Information" (by stamping the relevant 14 page or as otherwise set forth herein) any document or response to discovery which Plaintiff or 15 that agency considers in good faith comprise: (a) protected critical infrastructure information as 16 described and defined in Presidential Decision Directive 63, Critical Infrastructure Protection 17 (May 22, 1998) and the Critical Infrastructure Information Act of 2002, 6 U.S.C. §§ 131-134; (b) 18 vulnerability assessments as described and defined in section 1433 of the Safe Drinking Water 19 Act, 42 U.S.C. § 300 et seq. (as amended by section 401 of the Public Health Security and 20 Bioterrorism Preparedness and Response Act (Pub.L. 107-188), June 12, 2002); or (c) sensitive 21 information as described and defined in section 2.6 of the American Water Works Association's 22 Security Guidance for Water Utilities Overview developed pursuant to the United States 23 Environmental Protection Agency's Water Infrastructure Security Enhancements program and 24 available online at http://www.awwa.oreawwaiscience/wise/report/AWWA_Securities/page2.htm. 25 Where a document or response consists of more than one page, the first page and each page on 26 which confidential information appears shall be so designated. 27 / / / 28 / / / LEGAL:10216-0001/4002713.1 -2- AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141) 1 1.1. "Confidential Information" protected by this Order shall not include 2 information which is either: (a) lawfully received by a party from a source other than through 3 discovery in this action from the party asserting the claim of confidentiality, or (b) public 4 knowledge or information, or information which becomes public after disclosure. The existence 5 of this Order and its terms do not modify any existing public disclosure obligation of a party or a 6 federal, state or local government agency under the federal Freedom of Information Act, the 7 California Public Records Act, and/or other federal, state or local law requiring disclosure. 8 2. A party or non-party may designate information disclosed during a deposition or 9 in response to written discovery as "Confidential" by so indicating in said responses or on the 11 the deposition that are confidential. In addition, a party or non-party may designate in writing, Attorneys at Law 7112 NORTH FRESNO STREET, SUITE 160 FRESNO, CALIFORNIA 93720-2949 TELEPHONE 559-437-2860 ♦ FAX 559-438-1350 WOOD, SMITH, HENNING & BERMAN LLP 10 record at the deposition and requesting the preparation of a separate transcript of the portions of 12 within fourteen (14) calendar days after receipt of said responses or of those portions of the 13 deposition transcript for which the designation is proposed (or if the transcript or responses are 14 received within 30 calendar days of the date set for the beginning of trial, within half of the 15 number of days remaining before the date set for the beginning of trial), that specific pages of the 16 transcript and/or specific responses be treated as "Confidential Information." Any other party may 17 object to such proposal, in writing or on the record. Upon such objection, the parties shall follow 18 the procedures described in Paragraph 8 below. After any designation made according to the 19 procedure set forth in this paragraph, the designated documents or information shall be treated 20 according to the designation until the matter is resolved according to the procedures described in 21 Paragraph 8 below, and counsel for all parties shall be responsible for marking all previously 22 unmarked copies of the designated material in their possession or control with the specified 23 designation. A party that makes original documents or materials available for inspection need not 24 designate them as Confidential Information until after the inspecting party has indicated which 25 materials it would like copied and produced. During the inspection and before the designation and 26 copying, all of the material made available for inspection shall be considered Confidential 27 Information. 28 / / / LEGAL:10216-0001/4002713.1 -3- AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141) 1 3. All Confidential Information produced or exchanged in the course of this case (not 2 including information that is publicly available) shall be used by the party or parties to whom the 3 information is produced solely for the purpose of this case. Confidential Information shall not be 4 used for any commercial competitive, personal, or other purpose. 5 4. Except with the prior written consent of the other parties, or upon prior order of this 6 Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to 7 any person other than: 8 (a) counsel for the respective parties to this litigation, including 9 in-house counsel and co-counsel retained for this litigation; (b) employees of such counsel, including copy services; 11 Attorneys at Law 7112 NORTH FRESNO STREET, SUITE 160 FRESNO, CALIFORNIA 93720-2949 TELEPHONE 559-437-2860 ♦ FAX 559-438-1350 WOOD, SMITH, HENNING & BERMAN LLP 10 (c) individual parties or officers or employees of a party, to the 12 extent deemed necessary by counsel for the prosecution or defense 13 of this litigation; 14 (d) 15 or defense of this litigation, provided that each such person shall 16 execute a copy of the Certification annexed to this Order as Exhibit 17 A (which shall be retained by counsel to the party so disclosing the 18 Confidential Information and made available for inspection by 19 opposing counsel during the pendency or after the termination 20 of the action only upon good cause shown and upon order of 21 the Court) before being shown or given any Confidential 22 Information, and provided that if the party chooses a consultant 23 or expert employed by an opposing party, the party shall notify 24 the opposing party, or designating non-party, before disclosing 25 any Confidential Information to that individual and shall give 26 the opposing party an opportunity to move for a protective 27 order preventing or limiting such disclosure; 28 (e) LEGAL:10216-0001/4002713.1 consultants or expert witnesses retained for the prosecution any authors or recipients of the Confidential Information; -4- AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141) discovery masters or referees appointed by the Court and associated 3 personnel; 4 (g) 5 A witness shall sign the Certification before being shown a 6 confidential document. Confidential Information may be disclosed 7 to a witness who will not sign the Certification only in a deposition 8 at which the party who designated the Confidential Information is 9 represented or has been given notice that Confidential Information 10 produced by the party may be used. At the request of any party, the 11 Attorneys at Law 7112 NORTH FRESNO STREET, SUITE 160 FRESNO, CALIFORNIA 93720-2949 TELEPHONE 559-437-2860 ♦ FAX 559-438-1350 (f) 2 WOOD, SMITH, HENNING & BERMAN LLP 1 portion of the deposition transcript involving the Confidential 12 Information shall be designated "Confidential" pursuant to 13 Paragraph 2 above. Witnesses shown Confidential Information shall 14 not be allowed to retain copies. 15 (h) 16 dismissal; and 17 (i) 18 upon such term as the Court may deem proper. 19 5. the Court, court personnel, and court reporters, including witnesses (other than persons described in Paragraph 4(e)). private mediators retained in furtherance of settlement or any person designated by the Court in the interest of justice, Any persons receiving Confidential Information shall not reveal or discuss such 20 information to or with any person who is not entitled to receive such information, except as set 21 forth herein. If a party or any of its representatives, including counsel, inadvertently discloses any 22 Confidential Information to persons who are not authorized to use or possess such material, the 23 party shall provide immediate written notice of the disclosure to the party whose material was 24 inadvertently disclosed. If a party has actual knowledge that Confidential Information is being 25 used or possessed by a person not authorized to use or possess that material, regardless of how the 26 material was disclosed or obtained by such person, the party shall provide immediate written 27 notice of the unauthorized use or possession to the party whose material is being used or 28 possessed. No party shall have an affirmative obligation to inform itself regarding such possible LEGAL:10216-0001/4002713.1 -5- AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141) 1 use or possession. 2 6. In connection with discovery proceedings as to which a party submits Confidential 3 Information, all documents and chamber copies containing Confidential Information which are 4 submitted to the Court shall be filed with an appropriate "Request to Seal Documents" pursuant to 5 Local Rule 141(b). 6 7. A party may designate as "Confidential Information" documents or discovery 7 materials produced by a non-party by providing written notice to all parties of the relevant 8 document numbers or other identification within thirty (30) days after receiving such documents 9 or discovery materials. Any party or non-party may voluntarily disclose to others without 11 party produces materials designated Confidential Information in compliance with this Order, that Attorneys at Law 7112 NORTH FRESNO STREET, SUITE 160 FRESNO, CALIFORNIA 93720-2949 TELEPHONE 559-437-2860 ♦ FAX 559-438-1350 WOOD, SMITH, HENNING & BERMAN LLP 10 restriction any information designated by that party or nonparty as Confidential Information. If a 12 production shall be deemed to have been made consistent with any confidentiality or privacy 13 requirements mandated by local, state or federal laws. 14 8. If a party contends that any material is not entitled to confidential treatment, such 15 party may at any time give written notice of its objection to all parties. The objecting and the 16 designating parties shall promptly confer in an attempt to resolve their differences. If the 17 designating and objecting parties are unable to resolve their differences, the party or non-party 18 who designated the material shall have twenty (20) calendar days from the receipt of the written 19 objection to file with the court a motion for protective order designating the material as 20 confidential. The party or non-party seeking the order has the burden of establishing that the 21 document is entitled to protection. In the case of designations received within forty (40) calendar 22 days of the date set for the beginning of trial, the objecting party shall have half of the remaining 23 time before trial in which to raise an objection to the designation. If an objection is received 24 within twenty (20) calendar days of the date set for the beginning of trial, the designating party 25 must file its motion for protective order on an ex parte basis with a request for an order 26 shortening time on the hearing in order to attempt to have the matter heard before the beginning 27 of trial. If the matter has not been heard before trial, the issue may be heard by the trial judge in 28 pretrial proceedings. LEGAL:10216-0001/4002713.1 -6- AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141) 1 9. Notwithstanding any challenge to the designation of material as Confidential 2 Information, all documents shall be treated as such and shall be subject to the provisions hereof 3 unless and until one of the following occurs: 4 (a) the party or non-party who claims that the material is 5 Confidential Information withdraws such designation in writing; or 6 (b) 7 Confidential Information fails to apply to the Court for an order 8 designating the material confidential within the time period 9 specified above after receipt of a written challenge to such the party or non-party who claims that the material is designation; or 11 Attorneys at Law 7112 NORTH FRESNO STREET, SUITE 160 FRESNO, CALIFORNIA 93720-2949 TELEPHONE 559-437-2860 ♦ FAX 559-438-1350 WOOD, SMITH, HENNING & BERMAN LLP 10 (c) 12 10. the Court rules the material is not Confidential Information. All provisions of this Order restricting the communication or use of Confidential 13 Information shall continue to be binding after the conclusion of this action; unless otherwise 14 agreed or ordered. Upon conclusion of the litigation, a party in the possession of Confidential 15 Information, other than that which is contained in pleadings, correspondence, and deposition 16 transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion of 17 this action to counsel for the party or non-party who provided such information, or (b) destroy 18 such documents within the time period upon consent of the party who provided the information 19 and certify in writing within thirty (30) days that the documents have been destroyed. 20 11. Nothing herein shall be deemed to waive any applicable privilege or work product 21 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 22 protected by privilege or work product protection. Any witness or other person, firm or entity 23 from which discovery is sought may be informed of and may obtain the protection of this Order by 24 written advice to the parties' respective counsel or by oral advice at the time of any deposition or 25 similar proceeding. 26 12. This Stipulation and Order may be executed by facsimile signature and in 27 counterparts and each executed counterpart may be combined to create one original document. 28 / / / LEGAL:10216-0001/4002713.1 -7- AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141) 1 13. The parties shall seek appropriate orders for the handling of "Confidential 2 Information" at trial pursuant to Local Rule 141.1(b)(2). 3 IT IS SO STIPULATED. 4 5 DATED: January 23, 2015 WOOD, SMITH, HENNING & BERMAN LLP 6 7 By: /s/ Patrick S. Schoenburg DAVID F. WOOD PATRICK S. SCHOENBURG Attorneys for Defendant CALIFORNIA WATER SERVICE COMPANY 8 9 11 DATED: January 23, 2015 Attorneys at Law 7112 NORTH FRESNO STREET, SUITE 160 FRESNO, CALIFORNIA 93720-2949 TELEPHONE 559-437-2860 ♦ FAX 559-438-1350 WOOD, SMITH, HENNING & BERMAN LLP 10 GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO, LLP 12 13 By: 16 /s/ Greg R. McClintock GREG R. MCCLINTOCK NOAH P. PERCH-AHERN Attorneys for Defendant CALIFORNIA WATER SERVICE COMPANY 17 DATED: January 23, 2015 GREBEN & ASSOCIATES 14 15 18 19 By: /s/ Jan A. Greben JAN A. GREBEN BRETT A. BOON Attorneys for Plaintiffs VIOLA M. COPPOLA IRREVOCABLE TRUST, GARY COPPOLA and THE TRUST OF ANTHONY M. COPPOLA 20 21 22 23 DATED: January 23, 2015 GUALCO LAW 24 25 By: /s/ Lori J. Gualco LORI J. GUALCO Attorneys for Defendant RICHARD LASTER 26 27 28 LEGAL:10216-0001/4002713.1 -8- AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141) 1 DATED: January 23, 2015 WILLIAMS, JORDAN & BRODERSEN LLP 2 3 By: /s/ Steven R. Williams STEVEN R. WILLIAMS Attorneys for Defendant and Cross-Complainant, NASH PROPERITES, LLC; Cross-Defendants DAVID H. NASH and RICHARD P. NASH as the successor cotrustees of the WILLIAM P. NASH and JANE H. NASH RECOVABLE TRUST 4 5 6 7 8 DATED: January 23, 2015 9 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP By: 13 /s/ Emily L. Murray EMILY L. MURRAY TIM C. HSU Attorneys for Defendant MARTIN AND MARTIN PROPERTIES, LLC 14 DATED: January 23, 2015 HERR, PEDERSEN & BERGLUND LLP 11 Attorneys at Law 7112 NORTH FRESNO STREET, SUITE 160 FRESNO, CALIFORNIA 93720-2949 TELEPHONE 559-437-2860 ♦ FAX 559-438-1350 WOOD, SMITH, HENNING & BERMAN LLP 10 12 15 16 By: /s/ Leonard C. Herr LEONARD C. HERR Attorneys for Defendant CITY OF VISALIA 17 18 19 ORDER 20 Upon a review of the agreement of the parties, the Court adopts the stipulated protective 21 22 order. 23 DATED: January 26, 2015 24 _/s/ Barbara A McAuliffe THE HON. BARBARA A. McAULIFFE UNITED STATES MAGISTRATE JUDGE 25 26 27 28 LEGAL:10216-0001/4002713.1 -9- AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141) 1 2 EXHIBIT A 3 4 5 6 7 8 9 11 Attorneys at Law 7112 NORTH FRESNO STREET, SUITE 160 FRESNO, CALIFORNIA 93720-2949 TELEPHONE 559-437-2860 ♦ FAX 559-438-1350 WOOD, SMITH, HENNING & BERMAN LLP 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEGAL:10216-0001/4002713.1 -1- AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141) 1 CERTIFICATION 2 I hereby certify my understanding that Confidential Information is being provided to me 3 pursuant to the terms and restrictions of the Amended Stipulation and Protective Order Regarding 4 Confidential Information filed on ____________________, 20___, in the United States District 5 Court, Eastern District of California, Fresno Division, in the matter of Coppola v. Smith, et al., 6 Case No. 1:11-CV-01257-AWI-BAM ("Order"). I have been given a copy of that Order and read 7 it. 8 I agree to be bound by the Order. I will not reveal the Confidential Information to anyone, 9 except as allowed by the Order. I will maintain all such Confidential Information, including 11 access to it. No later than thirty (30) days after the conclusion of this action, I will return the Attorneys at Law 7112 NORTH FRESNO STREET, SUITE 160 FRESNO, CALIFORNIA 93720-2949 TELEPHONE 559-437-2860 ♦ FAX 559-438-1350 WOOD, SMITH, HENNING & BERMAN LLP 10 copies, notes, or other transcriptions made therefrom, in a secure manner to prevent unauthorized 12 Confidential Information, including copies, notes, or other transcriptions made therefrom, to the 13 counsel who provided me with the Confidential Information. I hereby consent to the jurisdiction 14 of the United States District Court, Eastern District of California, Fresno Division for the purpose 15 of enforcing the Order. 16 I declare under penalty of perjury that the foregoing is true and correct and that this 17 certificate is executed this ____ day of _____________________, 20___, at 18 ___________________________________________. 19 20 By: 21 Address: ___________________________________ 22 ___________________________________ 23 Phone: _____________________________________ ___________________________________ 24 25 26 27 28 LEGAL:10216-0001/4002713.1 -1- AMENDED STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION (LOCAL RULE 141)

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