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.)

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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 _

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