Carrasco v. C.H. Robinson Worldwide, Inc.

Filing 36

JOINT STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Stanley A. Boone on 3/11/2014. (Hernandez, M)

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SEYFARTH SHAW LLP
Robert Milligan (SBN 217348)
[e-mail]
D. Joshua Salinas (SBN 282065)
[e-mail]
2029 Century Park East, Suite 3500
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
C.H. ROBINSON WORLDWIDE, INC.

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WANGER JONES HELSLEY PC
Jay A. Christofferson, (SBN 203878)
[e-mail]
265 E. River Park Circle, Suite 310
Fresno, California 93720
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
DESIRE SOARES CARRASCO

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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DESIRE SOARES CARRASCO,
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Plaintiff,
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v.
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C.H. ROBINSON WORLDWIDE, INC.; and
DOES 1 through 10, inclusive,

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Defendants.
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Case No. 1:13-cv-01438-LJO-SAB

JOINT STIPULATED PROTECTIVE
ORDER

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IT IS HEREBY STIPULATED by and between Plaintiff DESIRE SOARES

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CARRASCO (“Plaintiff”) and Defendant C.H. ROBINSON WORLDWIDE, INC.

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(“Defendant”), through their respective attorneys of record, that a Protective Order (“Order” or

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“Stipulated Protective Order”) may be entered by the Court in this action as follows:

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1.

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PURPOSES AND LIMITATIONS
Plaintiff and Defendant acknowledge that disclosure and discovery activity in this

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litigation will involve production of confidential, proprietary, trade secret, medical,

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psychological, personal or private information for which special protection from public

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dissemination or disclosure (and from use for any purpose other than prosecuting and defending

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this matter) would be warranted. The parties acknowledge that this Order does not confer blanket

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protections on all disclosures or responses to discovery and that the protection it affords extends

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only to the limited information or items deemed “Protected Material” as that term is defined

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below.

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2.

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DEFINITIONS
2.1

Party. Plaintiff and Defendant, including her/its officers, directors, employees,

Experts (as defined below) and outside counsel (as defined below).

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2.2

Disclosure or Discovery Material. All items or information, regardless of the

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medium or manner generated, stored, or maintained (including, among other things, testimony,

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transcripts, or tangible things) that are produced or generated in disclosures, responses to

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discovery or other requests for documentation 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 constitute private records, trade secrets or

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other confidential material, research, development, commercial, business, medical,

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psychological, personnel or other private information that otherwise qualify for protection under

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Federal Rule of Civil Procedure (“Rule”) 26(c).

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2.4

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information

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or Items. Extremely sensitive information that the Disclosing Party considers in good faith to

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contain or comprise information covered by paragraph 2.3 above, but that is so highly sensitive

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or confidential that disclosure to a Party would pose a substantial risk of impairing the personal,

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business or commercial interests of the Designating Party or others subject to Rule 26(c) or

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under other applicable laws.

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2.5

Producing Party. A Party that produces Disclosure or Discovery Material in

this case.

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2.6

Receiving Party. A Party that receives Disclosure or Discovery Material from a

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Producing Party.

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2.7

Designating Party. A Party that designates information or items that it produces

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in disclosures or in responses to discovery or otherwise as “CONFIDENTIAL” Information or

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Items or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” Information or Items.

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2.8

Protected Material. Any Disclosure or Discovery Material that is designated as

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“CONFIDENTIAL” Information or Items or “HIGHLY CONFIDENTIAL- ATTORNEYS’

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EYES ONLY” Information or Items.

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2.9

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

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retained to represent or advise a Party in this action, including their employees and independent

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companies or agencies that Outside Counsel directly retains on behalf of a Party to perform

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litigation support services, including for example steno- or videographic services.

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2.10

Expert. A person with specialized knowledge or experience in a matter pertinent

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to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as

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a consultant in this action (regardless whether the consultant serves as a witness). This definition

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includes a professional jury or trial consultant retained in connection with this litigation. An

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expert for purposes of this Stipulated Protective Order shall not include anyone who is a past or

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current employee of a Party or a competitor of a Party.

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2.11

Professional Vendors. Persons or entities that provide litigation support services

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(e.g., photocopying; videotaping, translating; preparing exhibits or demonstrations; organizing,

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storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.

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3.

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SCOPE
The protections conferred by this Stipulated Protective Order cover not only Protected

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

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all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or

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presentations by parties or counsel in this action or in other settings that might reveal Protected

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Material. Nothing in this Order shall be construed as requiring disclosure of documents,

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information or any other materials that are subject to applicable privileges or immunities or that

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are, or may be claimed to be, otherwise beyond the scope of permissible discovery.

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4.

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DURATION
The parties to this Stipulated Protective Order intend that the protections conferred by the

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designation of material as “Protected Material” shall apply to any documents produced in this

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litigation so designated, regardless of whether or not this Order has been entered by the Court.

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Further, the parties agree to “meet and confer” in good faith after the conclusion of the subject

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litigation (if not before) to ensure that “Protected Material” does not become part of the “public

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record.”

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5.

DESIGNATING PROTECTED MATERIAL

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5.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party that designates information or items for protection under this Order must take

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care to limit any such designation to specific material that qualifies under the appropriate

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standards. A Designating Party must take care to designate for protection only those parts of

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material, documents, items, or oral or written communications that qualify so that other portions

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of the material, documents, items, or communications for which protection is not warranted are

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not swept unjustifiably within the ambit of this Order.

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If it comes to a Party’s attention that information or items that it designated for protection
do not qualify for protection at all, or do not qualify for the level of protection initially asserted,

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that Party must promptly notify all other parties that it is withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations.

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Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a),

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below), or as otherwise stipulated or ordered, material that qualifies for protection under this

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Order must be clearly so designated before the material is disclosed or produced. This, however,

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does not preclude a Designating Party from designating Protected Material previously produced

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in this action prior to the Parties’ entry of this Stipulated Protective Order.

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Designation in conformity with this Order requires:
(a)

For information in documentary form (apart from transcripts of

depositions or other pretrial or trial proceedings):
The Producing Party shall affix the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL - ATTORNEYS’ EYES ONLY” at the top or bottom of each page that

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contains protected material. Protected Material previously produced in this action prior to the

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entry of this Stipulated Protective Order will be covered under this Protective Order as follows:

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the Designating Party shall provide the Receiving Party with correspondence indicating which

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documents previously produced that will be treated as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” Such correspondence shall bring such

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material previously produced in this action prior to the entry of this Stipulated Protective Order

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under its protection as Protected Material.

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(b)

For testimony given in deposition or in other pre-trial or trial

(litigation) proceedings:
The Designating Party may designate information disclosed on the record at the

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deposition, including testimony and exhibits, as “CONFIDENTIAL INFORMATION” or

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“HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS’ EYES ONLY” and request the

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preparation of a separate transcript of such material. Such separate transcript shall include both

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deposition testimony and exhibits so designated. In addition, a Designating Party may designate

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in writing, within twenty (20) days after receipt of any deposition transcript in the action, the

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specific pages of the transcript and exhibits to be treated as “CONFIDENTIAL

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INFORMATION” or “HIGHLY CONFIDENTIAL INFORMATION – ATTORNEYS’ EYES

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ONLY.” The Designating Party shall then be responsible to notify the Court Reporter and the

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Court Reporter shall provide a separate transcript which shall include both deposition testimony

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and exhibits so designated.

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Transcript pages containing Protected Material must be separately bound by the court

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reporter, who must affix to the top of each such page the legend “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” as instructed by the Party

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offering or sponsoring the witness or presenting the testimony.

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(c)

Information Contained in Responses to Written Discovery:

A Designating Party may designate information disclosed in response to written

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discovery requests (including subpoenas) as “CONFIDENTIAL INFORMATION” or “HIGHLY

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CONFIDENTIAL INFORMATION - ATTORNEYS’ EYES ONLY” by so indicating in said

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responses, on each page of any documents produced with such responses, and/or as otherwise

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provided in Paragraph 5.2 above, identifying those responses being so designated. In addition, a

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Designating Party may designate in writing, within twenty (20) days after receipt of another

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Party or non-party’s responses to written discovery requests, the specific responses, documents,

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and/or other information to be treated as “CONFIDENTIAL INFORMATION” or “HIGHLY

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CONFIDENTIAL INFORMATION – ATTORNEYS’ EYES ONLY.”

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(d)

For information produced in some form other than documentary, and

for any other tangible items:
The Producing Party shall affix in a prominent place on the exterior of the container or

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containers in which the information or item is stored the legend “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” If only portions of the

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information or item warrant protection, the Producing Party, to the extent practicable, shall

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identify the protected portions, specifying whether they qualify as “CONFIDENTIAL” or as

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“HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY.”

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5.3

Inadvertent Failure to Designate.

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An inadvertent failure to designate qualified information or items as “CONFIDENTIAL”

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or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” does not, standing alone,

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waive the Designating Party’s right to secure protection under this Order for such material. If

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material is appropriately designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -

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ATTORNEYS’ EYES ONLY” after the material was initially produced, the Receiving Party, on

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timely notification of the designation, must make reasonable efforts to assure that the material is

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treated in accordance with the provisions of this Order.

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5.4

Challenges to Designations.

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A Party may challenge the propriety of any designation of any Discovery Disclosure or

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Discovery Material made pursuant to this Order. The challenge shall be made within forty-five

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(45) days of the challenging party’s receipt of the material to be challenged. A challenge may be

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made by serving by facsimile and/or e-mail on all other Parties (and third parties, if applicable) a

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“Notice of Objection” that identifies with particularity the Protected Material as to which the

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designation is challenged and states the basis for each challenge.

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(a)

After any challenge is asserted to a designation made according to the

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procedures set forth in Paragraph 5.2 above and its various sub-paragraphs, the Protected

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Material shall continue to have its designation until the challenge is fully resolved according to

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the procedures set forth in this paragraph 5.4(b).

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(b)

Within twenty (20) calendar days after service of a Notice of Objection in

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full compliance with paragraph 5.4 above, the Designating Party shall fax and/or e-mail a

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response to the Notice of Objection setting forth the legal and factual grounds on which the

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Designating Party bases its position that the materials have been properly designated. If no such

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response is provided the objection will be deemed sustained and the document, information or

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material at issue shall be re-designated in accordance with the objection.

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If, after response by the Designating Party the Challenging Party remains unconvinced of

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the propriety of the designation, the challenging party may file a motion objecting to the

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designation and seeking the Court’s leave to redesignate the identified information within twenty

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(20) calendar days after receipt of the response to the Notice of Objection. In the event of a

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motion objecting to the designation of Protected Material, any Protected Material affected by

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such motion shall be lodged with the Court under seal in conjunction with the motion. The

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Designating Party shall bear the burden of establishing that it properly designated the Protected

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Material within the meaning of this Protective Order or that the information is otherwise

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deserving of an alternative designation.

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If such a motion is timely filed, the original designation shall remain effective until the

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later of: (i) twenty (20) court days after service of notice of entry of an order re-designating the

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materials, or (ii) an appellate court’s ruling on any timely filed writ petition. The Parties shall

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meet and confer in good faith prior to the filing of any motion under this paragraph.

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6.

ACCESS TO AND USE OF PROTECTED MATERIAL

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6.1

Basic Principles.

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A Receiving Party may use Protected Material only for purposes of prosecuting and

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defending this action. Such Protected Material may be disclosed only to the Court and its

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employees or other staff (e.g., externs) and to the categories of persons described in this

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Stipulated Protective Order. When the litigation has been concluded, a Receiving Party shall

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comply with the provisions of Paragraphs 4, 8, 9 and 13.

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6.2

“CONFIDENTIAL” Information May Be Disclosed Only to the Following

Persons:

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(a)

The Parties, and if, applicable, to their employees, officers, directors

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and/or board members to whom disclosure is reasonably necessary, who have signed the

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“Acknowledgment and Agreement to Be Bound” by this Stipulated Protective Order in the form

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attached as Exhibit A (the “Certification”);

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(b)

Outside Counsel as defined above;

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(c)

Experts, as defined above, who have signed the Certification;

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(d)

Deponents during the course of their depositions, who have signed the

(e)

Any person who authored, co-authored or received “CONFIDENTIAL”

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Certification;

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Information, provided such persons may not retain any “CONFIDENTIAL” Information shown

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to them and only after execution of the Certification; and

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(f)

after execution of the Certification.

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Any other person by written agreement of the Designating Party and only

6.3

Information Designated as “HIGHLY CONFIDENTIAL - ATTORNEYS’

EYES ONLY” May Be Disclosed Only to the Following Persons:

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(a)

Outside Counsel as defined above;

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(b)

Experts, as defined above, who have signed the Certification;

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(c)

Any person who authored, co-authored or received “HIGHLY

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CONFIDENTIAL - ATTORNEYS’ EYES ONLY” Information, provided such persons may not

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retain any “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” Information shown to

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them and only after execution of the Certification; and

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(d)

Any other person by written agreement of the Designating Party and only

after execution of the Certification.
Duty to Maintain “Protected Material” Securely.

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6.4

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Protected Material must be stored and maintained by a Receiving Party in a secure

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manner that ensures that access is limited to the persons authorized under this Order.

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7.

DESIGNATING PARTY’S USE OF OWN DOCUMENTS
Nothing in this Order shall limit any Designating Party’s use of its own documents and

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information, including Protected Material, in this action or otherwise. Such disclosure shall not

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affect any designations made pursuant to the terms of this Order so long as the disclosure is

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made in a manner that is reasonably calculated to maintain the confidentiality of the information.

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8.

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OTHER LITIGATION

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

If a Receiving Party is served with a subpoena or an order issued in other litigation that

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would compel disclosure of any information or items designated in this action as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” the

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Receiving Party must so notify the Designating Party’s Outside Counsel in writing sent by fax

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and/or e-mail immediately and in no event more than seven business days after receiving the

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subpoena or order. Such notification must include a copy of the subpoena or court order, the

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identification of the Protected Material(s) which the Receiving Party believes to be implicated by

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the subpoena or order, and must indicate the basis or bases by which the Receiving Party

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believes that the identified documents are subject to disclosure.

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The Receiving Party must also immediately inform, in writing, the party causing the

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subpoena or order to issue that some or all responsive material is subject to this Protective Order.

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A copy of this Stipulated Protective Order shall be included therewith.

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The purpose of imposing these duties is to alert the interested parties to the existence of

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this Protective Order and to afford the Designating Party in this case an opportunity to protect its

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confidentiality interests in the court from which the subpoena or order issued.

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9.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

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Material to any person or in any circumstance not authorized under this Stipulated Protective

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Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the

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unauthorized disclosures, (b) use its best efforts to recover all copies of the Protected Material,

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(c) inform the person or persons to whom unauthorized disclosures were made of all the terms of

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this Order, and (d) request that such person or persons to return and/or destroy all copies of all

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materials so disclosed and certify that such return and/or destruction has taken place.

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10.

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PROTECTED MATERIAL

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

If information is produced in discovery that is subject to a claim of privilege or of

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protection as a trial-preparation material, the party making the claim may notify any party that

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receiving such information of such claim and the basis for it. After being notified, a party must

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promptly return or destroy the specified information and any copies it has and may not sequester,

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use or disclose the information until the claim is resolved.

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This provision is not intended to modify whatever procedure may be established in an e-

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discovery order that provides for production without prior privilege review. Pursuant to Federal

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Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of

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disclosure of a communication or information covered by the attorney-client privilege or work

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product protection, the parties may incorporate their agreement in the stipulated protective order

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submitted to the court.

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11.

MISCELLANEOUS

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11.1

Right to Further Relief.

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All Parties reserve the right to seek modification of this Order at any time for good cause,

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including obtaining appropriate orders for deponents who refuse to sign the attached

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Certification (i.e. Exhibit A). The Parties agree to meet and confer prior to seeking to modify

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this Order for any reason. The restrictions imposed by this Order may only be modified or

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terminated by written stipulation of all Parties or by order of Court. No Party shall be prejudiced

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in any way of its right to petition the Court for a further protective order relating to any

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purportedly confidential information. Nothing in this Order Shall prevent any Party from seeking

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additional Protective Orders or other appropriate relief with respect to the scope of discovery

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and/or any discovery requests, depositions, and/or portions thereof that such Party believes to be

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inappropriate, harassing, or otherwise impermissible under applicable law.

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11.2

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By stipulating to the entry of this Protective Order, no Party waives any right it otherwise

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Right to Assert Other Objections.

would have to object to disclosing or producing any information or item on any ground not

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addressed in 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 Protected Material.

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11.3

Filing Protected Material.

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Without written permission from the Designating Party or a court order secured after

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appropriate notice to all interested persons, a Party may not file in the public record in this action

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any Protected Material. A Party that seeks to file under seal any Protected Material must comply

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with Civil Local Rule 141. Protected Material may only be filed under seal pursuant to a court

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order authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil Local

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Rule 141, a sealing order will issue only upon a request establishing that the Protected Material

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at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under the

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law.

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COMPLIANCE WITH ORDER
A Party’s compliance with the obligations imposed on it by this Order, including any

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obligations concerning the treatment of information designated as “CONFIDENTIAL

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INFORMATION” or “HIGHLY CONFIDENTIAL INFORMATION – ATTORNEYS’ EYES

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ONLY,” shall not be deemed an admission by the complying Party or otherwise be evidence that

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the information so designated is confidential, proprietary, trade secret, or private information.

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Nor shall such compliance be deemed a waiver of the complying Party’s right to challenge the

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Designating Party’s designation of Protected Material as “CONFIDENTIAL INFORMATION”

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or “HIGHLY CONFIDENTIAL INFORMATION – ATTORNEYS’ EYES ONLY.”

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13.

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FINAL DISPOSITION
Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days

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after the final termination of this litigation, each Receiving Party must return all Protected

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Material to the Producing Party. As used in this subdivision, “all Protected Material” includes

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all copies, abstracts, compilations, summaries or any other form of reproducing or capturing any

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of the Protected Material. With permission in writing from the Producing Party, the Receiving

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Party may destroy some or all of the Protected Material instead of returning it. Whether the

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Protected Material is returned or destroyed, the Receiving Party must submit a written

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

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Party) by the sixty day deadline that identifies (by category, where appropriate) all the Protected

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Material that was returned or destroyed and that affirms that the Receiving Party has not retained

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any copies, abstracts, compilations, summaries or other forms of reproducing or capturing any of

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the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival

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copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney

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work product, even if such materials contain Protected Material. Any such archival copies that

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contain or constitute Protected Material remain subject to the terms of this Stipulated Protective

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Order.

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DATED: March 10, 2014

SEYFARTH SHAW LLP

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By
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/s/ Robert B. Milligan
Robert B. Milligan
D. Joshua Salinas
Attorneys for Defendant
C.H. ROBINSON WORLDWIDE, INC.

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DATED: March 10, 2014

WANGER JONES HELSLEY PC

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By
/s/ Jay A. Christofferson as authorized on
March 9, 2014
Jay A. Christofferson
Attorneys for Plaintiff DESIRE SOARES
CARRASCO

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ORDER

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IT IS SO ORDERED.
Dated:

March 11, 2014
UNITED STATES MAGISTRATE JUDGE

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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],

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have received a copy of the Stipulated Protective Order entered by the United States District

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Court for the Eastern District of California (the “Court”) on March __, 2014 in the matter Desire

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Soares Carrasco v. C.H. Robinson Worldwide, Inc., et al., Case No. 1:13-cv-01438-LJO-SAB. I

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have read the Stipulated Protective Order in its entirety, understand it, and I agree to comply with

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it fully and to be bound by all of it terms.

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I understand any violation of the Stipulated Protective Order may subject me to sanctions

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by the Court, in addition to any other remedies that a Party may have. I hereby submit to the

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jurisdiction of the Court for purposes of enforcing the Stipulated Protective Order, whether

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during the action or after its conclusion

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.

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Date: _____________________

Printed name:______________________________

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Signature:
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