Casey v. DNOW, L.P.

Filing 24

STIPULATED PROTECTIVE ORDER 23 , signed by Magistrate Judge Jennifer L. Thurston on 8/9/2016. (Hall, S)

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Christian J. Keeney, CA Bar No. 269533
[e-mail]
Natalie Alameddine, CA Bar No. 296423
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Park Tower, Suite 1500
695 Town Center Drive
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile: 714.754.1298

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Attorney for Defendant
DNOW, L.P.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LORI CASEY,
Plaintiff,

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Case No. 1:15-cv-01899-DAD-JLT

vs.
DNOW, L.P., AND DOES 1-25,
INCLUSIVE,

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER
(Doc. 23)

Defendants.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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In order to facilitate the exchange of information and documents which may be

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confidential, private, or otherwise subject to limitations on disclosure due to federal

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or state laws, privacy rights, or otherwise, Plaintiff Lori Casey (“Plaintiff”) and

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Defendant DNOW, L.P. (“Defendant”) (collectively, the “Parties”) stipulate as

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follows:

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1.

Definitions. The Parties stipulate to the following definitions:
“Proceeding” means the above-entitled proceeding, Case No.

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a.

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1:15-cv-01899-DAD-JLT.

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b.

“Court” means the District Judge Dale A. Drozd and Magistrate

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Judge Jennifer L. Thurston, or any other judge to which this Proceeding may be

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assigned, including Court staff participating in such proceedings.
c.

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“Confidential Materials” means any Documents, Testimony or

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Information as defined below designated as “Confidential” under the provisions of

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this Stipulation and Protective Order.

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d.

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“Designating Party” means the Party that designates Materials as

“Confidential.”
e.

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“Disclose,” “Disclosed,” or “Disclosure” means to reveal,

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divulge, give, or make available Materials, or any part thereof, or any information

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contained therein.
f.

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“Documents” is synonymous in meaning and scope with the

definition of “documents” under Federal Rule of Civil Procedure 34(a).

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g.

“Information” means the content of Documents or Testimony.

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h.

“Testimony” means all depositions, declarations, or other

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testimony taken or used in this Proceeding.
2.

No Waiver of Discovery Rights and Privileges. The entry of this

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Stipulation and Protective Order does not alter, waive, modify, or abridge any right,

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privilege, or protection otherwise available to any Party with respect to discovery,

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including any Party’s right to assert the attorney-client privilege, the attorney work
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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product doctrine, or other privileges, or any Party’s right to contest any such

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assertion.

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3.

Designating

Documents,

Testimony,

or

Information

as

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“Confidential.” Any Documents, Testimony, or Information to be designated as

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“Confidential” must be clearly so designated before the Document, Testimony, or

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Information is Disclosed or produced.

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a.

Documents. For Documents (apart from transcripts of depositions

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or other pretrial or trial proceedings), the Designating Party must affix the legend

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“Confidential” on each page of any Document containing such designated

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Confidential Material. The “Confidential” designation should not obscure or interfere

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with the legibility of the designated Information.

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b.

Testimony. For Testimony given in depositions the Designating

Party may either:

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i.

identify on the record, before the close of the deposition,

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all “Confidential” Testimony, by specifying all portions of the

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Testimony that qualify as “Confidential;” or

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ii.

designate the entirety of the Testimony at the deposition as

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“Confidential” (before the deposition is concluded) with the right to

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identify more specific portions of the Testimony as to which protection

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is sought within 30 days following receipt of the deposition transcript. In

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circumstances where portions of the deposition Testimony are

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designated for protection, the transcript pages containing “Confidential”

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Information may be separately bound by the court reporter, who must

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affix to the top of each page the legend “Confidential,” as instructed by

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the Designating Party.

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c.

Information. For Information produced in some form other than

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Documents, and for any other tangible items, including, without limitation, compact

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discs or DVDs, the Designating Party must affix in a prominent place on the exterior
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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of the container or containers in which the information or item is stored the legend

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“Confidential.” If only portions of the Information or item warrant protection, the

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Designating Party, to the extent practicable, must identify the “Confidential”

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portions.

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4.

Inadvertent Production of Confidential Material. The inadvertent

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production by any of the undersigned Parties or non-Parties to the Proceedings of any

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Confidential Material during discovery in this Proceeding without a “Confidential”

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designation, does not waive any claim that the item is “Confidential.”
a.

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Notice. If any Confidential Material is inadvertently produced

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without such designation, the Party that inadvertently produced the document must

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give written notice of the inadvertent production within 20 days of discovery of the

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inadvertent production, together with a further copy of the subject Document,

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Testimony, or Information designated as “Confidential” (the “Inadvertent Production

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Notice”).
b.

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Receiving Party’s Obligations. After receiving the Inadvertent

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Production Notice, the Party that received the inadvertently produced Document,

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Testimony, or Information must promptly destroy it and all copies thereof, or return it

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together with all copies of same to the producing Party’s counsel at the producing

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Party’s expense. Should the receiving Party choose to destroy the inadvertently

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produced Document, Testimony, or Information, the receiving Party must notify the

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producing Party in writing of such destruction within 10 days of receipt of written

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notice of the inadvertent production. If this provision conflicts with any applicable

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law or rule regarding waiver of confidentiality through the inadvertent production of

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Documents, Testimony, or Information, such law will govern.

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5.

Objecting to “Confidential” Designation. If counsel for a Party

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receiving Documents, Testimony, or Information designated as “Confidential”

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objects to this designation, counsel for the receiving Party must advise counsel for the

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Designating Party in writing of the objection(s), including the specific reasons and
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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support for such objections (the “Designation Objections”). Counsel for the

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Designating Party will have 14 days from receiving the written Designation

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Objections to either (a) agree in writing to de-designate Documents, Testimony, or

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Information pursuant to the Designation Objections and/or (b) file a motion with the

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Court seeking to uphold any or all designations on Documents, Testimony, or

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Information addressed by the Designation Objections (the “Designation Motion”).

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Pending a resolution of the Designation Motion by the Court, any existing

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designations on the Documents, Testimony or Information at issue in such Motion

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will remain in place. The Designating Party will have the burden on any Designation

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Motion of establishing the applicability of its “Confidential” designation.
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Access to Confidential Materials. Only the following persons may

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view Confidential Materials:

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a.

The Parties;

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b.

The Parties’ counsel, including their partners, associates,

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paralegals, assistants, staff, employees, contractors, and outside copying services who

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are working on this Proceeding and to whom it is necessary that the Confidential

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Materials be Disclosed for purposes of this Proceeding;
c.

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counsel in connection with the Proceeding;
d.

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any person who authored, received, saw, or otherwise previously

knew the contents of the Confidential Material;
e.

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Expert witness or consultants consulted by the Parties or their

court reporters in this Proceeding (whether at depositions,

hearings, or any other proceeding);

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f.

mediator or approved settlement officer; and

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g.

the Court.

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Certification Required of Experts Before Viewing Confidential

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Materials. Before Confidential Materials are disclosed to any expert witnesses or

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consultants, the disclosing Party’s counsel must provide a copy of this Stipulation
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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and Protective Order to such person, explain its terms to such person, and require

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them to sign the form attached as Exhibit A.

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Use of Confidential Materials. Confidential Materials may only be

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used by the persons receiving them and only for the purposes of preparing for,

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conducting, participating in, or prosecuting or defending the Proceeding, and not for

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any other purpose.

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Relief from this Stipulation and Protective Order. Any Party to the

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Proceeding (or other person subject to the terms of this Stipulation and Protective

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Order) may ask the Court, after appropriate notice to the other Parties to the

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Proceeding, to modify or grant relief from, any provision of this Stipulation and

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Protective Order.

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10.

Third-Party Designation of Documents, Testimony, or Information

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as “Confidential.” Any Documents, Testimony, or Information that may be

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produced by a non-Party witness in discovery in the Proceeding pursuant to subpoena

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or otherwise may be designated by such non-Party as “Confidential” under the terms

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of this Stipulation and Protective Order. This designation will have the same force

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and effect, and create the same duties and obligations, as if made by one of the

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Parties. This designation will also function as a consent by the producing Party to the

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authority of the Court in the Proceeding to resolve any motion or other application

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made by any person or Party regarding the designation.

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Subpoena of Confidential Materials. If any person subject to this

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Stipulation and Protective Order who has custody of any Confidential Materials

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receives a subpoena or other process from any government or other person or entity

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demanding production of Confidential Materials, the recipient of the subpoena must

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promptly notify counsel for the Designating Party by email, attaching a copy of the

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subpoena. Upon receiving this notice, the Designating Party may, in its sole

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discretion and at its own cost, move to quash or limit the subpoena, otherwise oppose

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production of the Confidential Materials, and/or seek to obtain confidential treatment
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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of such Confidential Materials from the subpoenaing person or entity to the fullest

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extent available under law. The recipient of the subpoena may not produce any

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Confidential Materials in response to the subpoena before the date specified for

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production in the subpoena.

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12.

Notice of Disclosure of Confidential Materials. If any non-

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Designating Party becomes aware that any person, including the non-Designating

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Party, their employees, witnesses, consultants, or vendors, has disclosed Confidential

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Materials other than in the manner authorized by this Stipulation and Protective

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Order, the non-Designating Party must immediately notify the Designating Party and

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cooperate to the fullest extent possible in remedying such disclosure. The non-

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Designating Party providing notice and/or remedying the disclosure of Confidential

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Materials will not preclude the Designating Party from pursuing any remedies

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available under applicable law or procedural rules, including the imposition of

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sanctions against the non-Designating Party.

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13.

Filing of Confidential Materials. The Parties SHALL comply with

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Local Rule 141 if they wish to seek permission to file documents under seal. agree to

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comply with the applicable rules of procedure and/or judge’s rules or standing order

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regarding the filing of Confidential Materials. If no such rules exist or apply, the

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Parties agree to meet and confer regarding the appropriate procedure for filing

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confidential materials before filing such materials.

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14.

Use of Confidential Materials at Trial. The Parties agree to comply

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with the applicable rules of procedure and/or judge’s rules or standing order

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regarding the use of Confidential Materials at trial. If no such rules exist or apply, the

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Parties agree to meet and confer regarding the appropriate procedure for using

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Confidential Materials at trial before using such materials at trial.

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15.

Stipulation and Protective Order Remain Binding after Proceeding

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Ends. This Stipulation and Protective Order will continue to be binding after the

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conclusion of this Proceeding and all subsequent proceedings arising from this
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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Proceeding, except that a Party may seek the written permission of the Designating

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Party or may move the Court for relief from the provisions of this Stipulation and

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Protective Order. If permitted by applicable law, the Court will retain jurisdiction to

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enforce, modify, or reconsider this Stipulation and Protective Order, even after the

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Proceeding ends.

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Destruction or Return of Confidential Materials after Proceeding

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Ends. Upon written request made within 30 days after this Proceeding ends, the

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Parties will have 30 days to either (a) promptly return to counsel for each Designating

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Party all Confidential Materials and all copies thereof (except that counsel for each

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Party may maintain in its files, in continuing compliance with the terms of this

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Stipulation and Protective Order, all work product, and one copy of each pleading

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filed with the Court and one copy of each deposition together with the exhibits

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marked at the deposition), (b) agree with counsel for the Designating Party upon

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appropriate methods and certification of destruction or other disposition of such

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Confidential Materials, or (c) as to any Documents, Testimony or other Information

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not addressed by parts (a) and (b) of this paragraph, file a motion seeking a Court

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order regarding proper preservation of such Materials. If permitted by law, the Court

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will retain jurisdiction to review and rule upon the motion referred to in part (c) of

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this paragraph.

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17.

Confidential Materials Produced Before Filing of this Stipulation

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and Protective Order. Defendant’s counsel will promptly file this Stipulation and

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Protective Order once it is signed by all Parties. However, the Parties agree to be

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bound by the terms of this Stipulation and Protective Order with regard to any

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Confidential Materials produced before such filing.

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18.

Agreement to Be Bound Pending Court Approval of this Stipulation

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and Protective Order. The Parties and all signatories to the Certification attached as

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Exhibit A agree to be bound by this Stipulation and Protective Order pending its

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approval and entry by the Court. If the Court modifies this Stipulation and Protective
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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Order, or if the Court enters a different protective order, the Parties agree to be bound

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by this Stipulation and Protective Order until either event occurs.

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Entire Agreement. This Stipulation and Protective Order represents the

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entire agreement between the Parties with respect to the designation, handling, and

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use of Confidential Materials.

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20.

Counterparts. This Stipulation and Protective Order may be executed

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in counterparts.

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DATED: August 9, 2016

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OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

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By: /s/ Natalie R. Alameddine
Christian Keeney
Natalie Alameddine

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Attorney for Defendant
DNOW, L.P.

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DATED: August 9, 2016

CALLAHAN, THOMPSON, SHERMAN
& CAUDILL, LLP

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By: /s/ Suren N. Weerasuriya
(as authorized on 08/09/16
Kathleen M. Hartman
Suren N. Weerasuriya
Attorney for Plaintiff
LORI CASEY

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

ORDER

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Good cause appearing therefor, the Court approves this Stipulation and
Protective Order, as modified by the Court in paragraph 13.

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IT IS SO ORDERED.
Dated:

August 9, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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EXHIBIT A

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CERTIFICATION RE CONFIDENTIAL MATERIALS

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I certify and understand that:

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1.

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I have received and reviewed a copy of the Stipulation and Protective

Order entered in this Proceeding. I agree to be bound by its terms.
2.

I understand and agree that any Confidential Materials provided to me in

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this Proceeding are subject to the terms and conditions of the Stipulation and

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Protective Order.

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3.

I agree not to disclose any Confidential Materials provided to me in this

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Proceeding to any person or entity unless I am expressly authorized to do so under

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the terms and conditions of the Stipulation and Protective Order, and only in the

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manner provided by the Stipulation and Protective Order.

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4.

I understand and agree that Confidential Materials may only be used for

the purposes of this Proceeding and not for any other purpose.
5.

I understand and agree that throughout my participating in this

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Proceeding that I must store Confidential Materials in a secure manner. I further

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understand and agree that when my participation in this Proceeding ends, I must

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return all Confidential Materials to counsel who provided me with such Confidential

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Materials or confirm in writing that I have destroyed all Confidential Materials that I

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received.

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I declare under penalty of perjury, under the laws of the State of California,

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that the foregoing is true and correct. Executed this _____ day of, _________20__, at

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________________, _____________________.

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DATED:

BY:

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Signature

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Title and Company Name
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER