Joann Linan v. Foster Poultry Farms

Filing 11

STIPULATION FOR PROTECTIVE ORDER AND PROTECTIVE ORDER signed by Magistrate Judge Sandra M. Snyder on 3/12/2015. (Rooney, M)

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MAYALL HURLEY P.C.
Robert J. Wasserman (SBN 258538)
[e-mail]
Salwa K. Haddad (SBN 294625)
[e-mail]
2453 Grand Canal Blvd.
Stockton, California 95207
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JOANN LINAN

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SEYFARTH SHAW LLP
Mark P. Grajski (SBN 178050)
[e-mail]
Lindsay Fitch (SBN 238227)
[e-mail]
Daniel C. Kim (SBN 272680)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
FOSTER POULTRY FARMS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA—FRESNO DIVISION

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JOANN LINAN, an individual,

Case No. 1:14-CV-01625-AWI-SMS

Plaintiff,

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STIPULATION FOR PROTECTIVE
ORDER AND PROTECTIVE ORDER

v.

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Complaint Filed: July 28, 2014
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FOSTER POULTRY FARMS, a California
corporation, and DOES 1 through 100, inclusive,

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Defendants.
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Subject to the approval of this Court, plaintiff Joann Linan (“Plaintiff”) and defendant Foster

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Poultry Farms (“Defendant”) (collectively, the “parties”) hereby stipulate to the following protective

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order:

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STIPULATED PROTECTIVE ORDER AND PROTECTIVE ORDER
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1.

productions, the parties hereby designate documents as “confidential” under the terms of this Stipulation
for Protective Order (“Order”). The documents protected pursuant to this Order have not been made
public and the disclosure of these documents would have the effect of causing harm to Defendant.

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2.

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proprietary information relating to the sale of Defendant’s products.

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3.

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and billing-related matters. Defendant terminated Plaintiff’s employment. As such, discovery in this
action may delve into the accounts Plaintiff handled, which includes information relating to Defendant’s
customers, customer accounts, pricing, discounts, and other confidential and/or proprietary information
that gives Defendant a competitive advantage in the marketplace. Disclosure of such documents to the
public would therefore harm Defendant. A Court order establishing the process for use, handling, and
disclosure “confidential” documents and filing those documents under seal with the Court is therefore
necessary under Local Rule 141.1(c).
4.

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By designating documents as “confidential” under the terms of this Order, the party

making the designation is certifying to the Court that there is a good faith basis both in law and in fact
for the designation within the meaning of Federal Rule of Civil Procedure 26(g).

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This is an employment discrimination case where Plaintiff was employed by Defendant

as an “Accounts Receivable Clerk D.” In this capacity Plaintiff dealt with numerous customer accounts

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Trade secret, confidential, and/or proprietary information relating to Defendant’s
customers, customer accounts, pricing, discounts, and other confidential and

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Per Local Rule 141.1(c), the documents eligible for protection under this Order include:
A.

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In connection with discovery proceedings in this action, specifically document

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Documents produced by a party shall be designated by the party as “confidential” by

bates stamping copies of the document with the word “CONFIDENTIAL” or by an alternative method
acceptable to all parties. In the event that documents produced during the discovery process that are not
designated initially as confidential are later designated as confidential, they shall thereafter be treated as
confidential in accordance with this Order.
///
///

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STIPULATED PROTECTIVE ORDER AND PROTECTIVE ORDER
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6.

Documents designated as “confidential” under this Order, the information contained

therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from
material designated as confidential shall be used only for the purpose of this action, and for no other
purpose.
7.

Confidential Material produced pursuant to this Order may be disclosed or made

available only to the parties or counsel for a party (including the paralegal, clerical, and secretarial staff
employed by such counsel, and private court reporters or notaries public engaged by the parties in their
official capacities). Confidential Material may be provided to any independent office services vendors or
experts retained for consultation and/or trial. In the event that Confidential Material is given to an
expert, counsel for that retained the expert shall provide a copy of this Order with the Confidential
Material.
8.

If any party objects to the designation of Confidential Material, that party shall so state its

objection in a letter to counsel for the party making the designation. The parties shall thereafter meet and
confer within seven days of the designating party’s receipt of this letter. If the parties cannot resolve a
challenge without court intervention, the designating party shall file and serve a motion to retain
confidentiality within twenty-one days of the parties agreeing that the meet and confer process will not
resolve their dispute. Until the Court rules on the motion, Confidential Material shall continue to be
treated as so designated and any papers filed with the Court may not include such Confidential Material,
but may refer to them by proper identification, such as Bates Stamp number or date and author.
9.

If a party would like to use Confidential Material in Court filings, at least seven (7) days’

notice shall be given to all parties. All parties shall comply with the requirements of E.D. Local Rule
141, in the event that a party would like Confidential Material to be sealed. In lieu of seeking a motion
to seal, the parties may agree to redact the Confidential Material.
10.

Nothing in this Order shall in any way limit or prevent Confidential Material from being

used in any deposition or other proceeding in this action. In the event that any Confidential Material is
used in any deposition or other proceeding in this action, it shall not lose its confidential status through
such use.

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11.

If a party to this Order in possession of Confidential Material receives a subpoena from a

non-party seeking the production or other disclosure of Confidential Material, that party shall
immediately give written notice to counsel of record for the party who provided the Confidential
Material being sought, which such notice shall include a copy of the subpoena. Where possible, at least
seven (7) days’ notice before production or other disclosure should be given. In no event shall
production or disclosure be made before telephone notice is given and, whenever possible, sufficiently
in advance of production or disclosure to afford the party to whom such notice has been given, at least
three (3) business days, to take appropriate action, including seeking judicial relief.
12.

This Order is entered for the purpose of facilitating the exchange of documents between

the parties to this action without involving the Court unnecessarily in the process. Nothing in this Order,
or the production of any document under the terms of this Order, shall be deemed to have the effect of
an admission or waiver by either party, or of altering the confidentiality or non-confidentiality of any
such document.
13.

By this Order, the parties do not waive any rights to object to any discovery request, seek

any further protective order, or seek relief from the Court from any provision of this Order by
application on notice on any grounds. Nothing in this Order shall in and of itself require disclosure of
information that is protected by the attorney-client privilege, work-product doctrine, or any other
privilege, doctrine, or immunity, nor does anything in this Order, result in any party giving up its right to
argue that otherwise privileged documents must be produced due to waiver or for any other reason.
14.

This Order shall not control the use of any evidence during the trial or any hearing of this

case. However, nothing herein shall preclude either party from seeking the assistance of the Court in
maintaining the confidential nature of any evidence that is presented at hearing or trial.
15.

The inadvertent production or disclosure of any material in discovery or otherwise

(including material that is or should have been designated as Confidential Material) shall not effect a
waiver of any privilege at law or in equity or any rights or obligations arising from or related to this
Order, provided the party making such production or disclosure acts promptly to notify the relevant
parties or persons of the inadvertent production or disclosure and to remedy the inadvertent production

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STIPULATED PROTECTIVE ORDER AND PROTECTIVE ORDER
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or disclosure upon the discovery thereof.
16.

If Confidential Material produced in accordance with this Order is disclosed to any

person other than in the manner authorized by this Order, the party responsible for the disclosure shall
immediately bring all pertinent facts relating to such disclosure to the attention of all counsel of record
and, without prejudice to other rights and remedies available to the producing party, make every effort to
obtain the return of the disclosed Confidential Material and prevent further disclosure of it by the person
who was the recipient of such information.
17.

The parties may modify the provisions of this Order at any time by stipulation approved

by order of the Court.
18.

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

Confidential Material is not or does not become known to the public, and the Court shall retain
jurisdiction to resolve any dispute concerning the use of the information disclosed hereunder. Counsel
for the parties shall destroy all Confidential Material in their possession, custody, or control within
Forty-five (45) days of final termination of this action, which shall be deemed to occur only when final
judgment has been entered and all appeals have been exhausted.
IT IS SO STIPULATED.

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DATED: March 11, 2015

SEYFARTH SHAW LLP

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/s/ Daniel C. Kim
By

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Mark P. Grajski
Lindsay Fitch
Daniel C. Kim
Attorneys for Defendant
FOSTER POULTRY FARMS

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DATED: March 11, 2015

MAYALL HURLEY P.C.

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/s/ Robert J. Wasserman
By_________________________________
Robert J. Wasserman
Salwa K. Haddad
Attorneys for Plaintiff
JOANN LINAN

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STIPULATED PROTECTIVE ORDER AND PROTECTIVE ORDER
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PROTECTIVE ORDER
The undersigned has considered and approves the stipulated protective order filed and signed by
all parties on March 11, 2015.
IT IS SO ORDERED.
Dated: March 12, 2015

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/s/ SANDRA M. SNYDER
Honorable Sandra M. Snyder
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER AND PROTECTIVE ORDER
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