Alonso v. Blackstone Financial Group, LLC et al

Filing 47

STIPULATED PROTECTIVE ORDER (Doc. 45 ), Signed by Magistrate Judge Stanley A Boone on 5/29/2013. (Arellano, S.)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT

7

FOR THE
8
EASTERN DISTRICT OF CALIFORNIA
9
10
11
12
13
14
15

ROSARIO ALONSO,

) CASE NO: 1:11-CV-01693-LJO-DLB
)
)
Plaintiff
) STIPULATED PROTECTIVE ORDER
)
vs.
) (ECF No. 45)
)
)
BLACKSTONE FINANCIAL GROUP,
LLC; STEVEN DARWIN, JASON ELSEN )
)
and DOES 1-20
)
)
)
Defendants.
)

16
17

The parties to this action stipulate to the following protective order:

18

1.

In connection with discovery proceedings in this action, the parties may

19

designate any document, thing, material, testimony or other information derived

20

therefrom, as “Confidential” under the terms of this Stipulated Protective Order

21

(hereinafter “Order”). Confidential information is information which has not been made

22

public and which concerns or relates to the processes, operations, type of work, or

23

apparatus, or to the production, sales, shipments, purchases, transfers, identification of
1

24
STIPULATED PROTECTIVE ORDER

25
26

1

customers, inventories, amount of source of any income, profits, losses, or expenditures

2

of any persons, firm, partnership, corporation, or other organization, the disclosure of

3

which information may have the effect of causing harm to the competitive position of the

4

person, firm partnership, corporation, or to the organization from which the information

5

was obtained.

6

By designating a document, thing, material, testimony or other information

7

derived therefrom as “confidential” under the terms of this order, the party making the

8

designation is certifying to the court that there is a good faith basis both in law and in

9

fact for the designation within the meaning of Federal Rule of Civil Procedure Section

10
11

26(g).
2.

Confidential documents shall be so designated by stamping copies of the

12

document produced to a party with the legend “CONFIDENTIAL” on the cover of any

13

multipage document shall designate all pages of the document as confidential, unless

14

otherwise indicated by the producing party.

15

3.

Testimony taken at the deposition, conference, hearing or trial may be

16

designated confidential by making a statement to that effect on the record at the

17

deposition or other proceeding. Arrangements shall be made with the court reporter

18

taking and transcribing such proceedings to separately bind such portions of the

19

transcript containing information designated as confidential, and to label such portions

20

appropriately.

21

4.

Material designated as confidential under this Order, the information

22

contained therein, and any summaries, copies, abstracts, or other documents derived in

23

whole or in part from material designated as confidential (hereinafter “Confidential
2

24
STIPULATED PROTECTIVE ORDER

25
26

1

Material”) shall be used only for the purpose of the prosecution, defense, or settlement

2

of this action, and for no other purpose.

3

5.

Confidential Material produced pursuant to this Order may be disclosed or

4

made available only to the Court, to counsel for a party (including the paralegal, clerical,

5

and secretarial staff employed by such counsel), and to the “qualified persons”

6

designated below:

7

(a)

a party, or an officer, director, or employee of a party deemed

8

necessary by counsel to aid in the prosecution, defense, or

9

settlement of this action;

10

(b)

experts or consultants (together with their clerical staff) retained by

11

such counsel to assist in the prosecution, defense, or settlement of

12

this action;

13

(c)

court reporter(s) employed in this action;

14

(d)

a witness at any deposition or other proceeding in this action; and

15

(e)

any other person as to whom the parties in writing agree.

16

Prior to receiving any Confidential Material, each “qualified person” shall be

17

provided with a copy of this Order and shall execute a nondisclosure agreement in the

18

form of Attachment A, a copy of which shall be provided forthwith to counsel for each

19

other party and for the parties.

20

6.

Depositions shall be taken only in the presence of qualified persons.

21

7.

The parties may designate certain discovery material or testimony of a

22

highly qualified and/or proprietary nature as “CONFIDENTIAL—ATTORNEY’S EYES

23

ONLY” (hereinafter “Attorney’s Eyes Only Material”), in the manner described in
3

24
STIPULATED PROTECTIVE ORDER

25
26

1

paragraphs 2 and 3 above. Attorney’s Eyes Only Material, and the information

2

contained therein, shall be disclosed only to the Court, to counsel for the parties

3

(including the paralegal, clerical, and secretarial staff employed by such counsel), and

4

to the “qualified persons” listed in subparagraphs 4(b) trough (e) above, but shall not be

5

disclosed to a party, or to an officer, director or employee of a party, unless otherwise

6

agreed or ordered. If disclosure of Attorney’s Eyes Only Material is made pursuant to

7

this paragraph, all other provisions in this order with respect to confidentiality shall also

8

apply.

9

8.

Nothing herein shall impose any restrictions on the use or disclosure by a

10

party of material obtained by such party independent of discovery in this action, whether

11

or not such material is also obtained through discovery in this action, or from disclosing

12

its own Confidential Material as it deems appropriate.

13

9.

If Confidential Material, including any portion of a deposition transcript

14

designated as Attorney’s Eyes Only Material, is included in any papers to be filed in

15

Court, such papers shall be labeled “Confidential—Subject to Court Order” and filed

16

under seal until further order of this Court.

17

10.

In the event that any Confidential Material is used in any court proceeding

18

in this action, it shall not lose its confidential status through such use, and the party

19

using such shall take all reasonable steps to maintain it confidentiality during such use.

20

11.

This Order shall be without prejudice to the right of the parties (1) to bring

21

before the Court at any time the question of whether any particular document or

22

information is confidential or whether its use should be restricted or (11) to present a

23

motion to the Court under FRCP 26(c) for a separate protective order as to any
4

24
STIPULATED PROTECTIVE ORDER

25
26

1

particular document or information, including restrictions differing from those as

2

specified herein. This Order shall not be deemed to prejudice the parties in any way in

3

any future application for modification of this Order.

4

12.

This Order is entered solely for the purpose of facilitating the exchange of

5

documents and information between the parties to this action without involving the Court

6

unnecessarily in the process. Nothing in this Order nor the production of any information

7

or document under the terms of this Order nor any proceedings pursuant to this Order

8

shall be deemed to have the effect of any admission or waiver by either party or of

9

altering the confidentiality or non-confidentiality of any such document or information or

10
11

altering any existing obligation of any party or the absence thereof.
13.

This order shall survive the final termination of this action, to the extent

12

that the information contained in Confidential Material is not or does not become known

13

to the public, and the Court shall retain jurisdiction to resolve any dispute concerning the

14

use of information disclosed hereunder. Upon termination of this case, counsel for the

15

parties shall assemble and return to each other all documents, material and deposition

16

transcripts designated as confidential and all copies of the same, or shall certify the

17

destruction thereof.

18
19
20

SO STIPULATED:

21
Dated: May 15, 2013
22

/s/ William M. Krieg
By:____________________________
William M. Krieg, Attorney for
Plaintiff ROSARIO ALONSO

23
5

24
STIPULATED PROTECTIVE ORDER

25
26

1
2

Dated: May 13, 2013

3

/s/ Michael I. Goode
By:____________________________
Michael I. Goode, Attorney for
Defendant BLACKSTONE FINANCIAL
GROUP, LLC

4
5
6

IT IS SO ORDERED.

7
8

Dated:

May 29, 2013

_

UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
6

24
STIPULATED PROTECTIVE ORDER

25
26

_