Cuevas, et al v. Dias & Fragoso, Inc.

Filing 12

STIPULATION Protective ORDER re: Confidential Information, signed by Magistrate Judge Barbara A. McAuliffe on 6/20/2017. (Herman, H)

1
2
3
4
5
6
7
8

10
11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

SAGASER, WATKINS & WIELAND PC

9

Howard A. Sagaser, State Bar No. 72492
William M. Woolman, State Bar No. 145124
Ian B. Wieland, State Bar No. 285721
SAGASER, WATKINS & WIELAND, PC
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants, Dias & Fragoso, Inc., D&F Agricultural
Enterprises, Inc., Gabriel M. Dias and John L. Fragoso
John E. Hill, State Bar No. 45338
[e-mail]
Enrique Martínez, State Bar No. 206884
[e-mail]
LAW OFFICES OF JOHN E. HILL
333 Hegenberger Road, Ste. 500
Oakland, CA 94621
Telephone: [phone]
Facsimile: [phone]

12
13

Attorneys for Plaintiffs & Putative Classes

14
UNITED STATES DISTRICT COURT FOR THE

15

EASTERN DISTRICT OF CALIFORNIA

16
17
18

ROSALIE CUEVAS, ADOLFO GOMEZMORENO, REYNALDO TOLANO, and
AGUSTIN AMBRIZ, on behalf of themselves
and all others similarly situated,

19

Plaintiff(s),

20

1:17-cv-00357-LJO-BAM

CLASS ACTION
STIPULATED PROTECTIVE ORDER
RE: CONFIDENTIAL INFORMATION

v.

21

Case No.:

DIAS & FRAGOSO, INC., a California
Corporation; D & F AGRICULTURAL
ENTERPRISES, INC., a California
Corporation; GABRIEL M. DIAS; and JOHN
L. FRAGOSO

22
23
24

Defendant(s).

25
26
27
28
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

Disclosure and discovery activity in this action are likely to involve production of confidential,

3

proprietary, or private information for which special protection from public disclosure and from

4

use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the

5

parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order.

6

The parties acknowledge that this Order does not confer blanket protections on all disclosures or

7

responses to discovery and that the protection it affords from public disclosure and use extends

8

only to the limited information or items that are entitled to confidential treatment under the

9

applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below,

10

that this Stipulated Protective Order does not entitle them to file confidential information under

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

1.

2

SAGASER, WATKINS & WIELAND PC

1

seal; Local Rule 141 sets forth the procedures that must be followed and the standards that will be

12

applied when a party seeks permission from the court to file material under seal.

13

2.

14
15

PURPOSES AND LIMITATIONS

DEFINITIONS
2.1

Challenging Party:

a Party or Non-Party that challenges the designation of

information or items under this Order.

16

2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is

17

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule

18

of Civil Procedure 26(c).

19
20

2.3

well as their support staff).

21
22

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as

2.4

Designating Party: a Party or Non-Party that designates information or items that it

produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

23

2.5

Disclosure or Discovery Material:

all items or information, regardless of the

24

medium or manner in which it is generated, stored, or maintained (including, among other things,

25

testimony, transcripts, and tangible things), that are produced or generated in disclosures or

26

responses to discovery in this matter.

27

///

28

///
1
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

1

2.6

Expert: a person with specialized knowledge or experience in a matter pertinent to

2

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

3

consultant in this action.

4
5

2.7

Counsel does not include Outside Counsel of Record or any other outside counsel.

6
7

House Counsel: attorneys who are employees of a party to this action. House

2.8

Non-Party: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this action.

8

2.9

Outside Counsel of Record: attorneys who are not employees of a party to this

action but are retained to represent or advise a party to this action and have appeared in this action

10

on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

SAGASER, WATKINS & WIELAND PC

9

12

2.10

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

13
14

Party: any party to this action, including all of its officers, directors, employees,

2.11

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.

15

2.12

Professional Vendors: persons or entities that provide litigation support services

16

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

17

organizing, storing, or retrieving data in any form or medium) and their employees and

18

subcontractors.

19
20

2.13

Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL.”

21

2.14

Receiving Party: a Party that receives Disclosure or Discovery Material from a

22

Producing Party.

23

3.

24

The protections conferred by this Stipulation and Order cover not only Protected Material (as

25

defined above), but also (1) any information copied or extracted from Protected Material; (2) all

26

copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

27

conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

28

However, the protections conferred by this Stipulation and Order do not cover the following

SCOPE

2
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a

3

result of publication not involving a violation of this Order, including becoming part of the public

4

record through trial or otherwise; and (b) any information known to the Receiving Party prior to

5

the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained

6

the information lawfully and under no obligation of confidentiality to the Designating Party. Any

7

use of Protected Material at trial shall be governed by a separate agreement or order.

8

4.

9

Even after final disposition of this litigation, the confidentiality obligations imposed by this Order

10

shall remain in effect until a Designating Party agrees otherwise in writing or a court order

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

information: (a) any information that is in the public domain at the time of disclosure to a

2

SAGASER, WATKINS & WIELAND PC

1

otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims

12

and defenses in this action, with or without prejudice; and (2) final judgment herein after the

13

completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

14

including the time limits for filing any motions or applications for extension of time pursuant to

15

applicable law.

16

5.

17

DURATION

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party

18

or Non-Party that designates information or items for protection under this Order must take care to

19

limit any such designation to specific material that qualifies under the appropriate standards. The

20

Designating Party must designate for protection only those parts of material, documents, items, or

21

oral or written communications that qualify – so that other portions of the material, documents,

22

items, or communications for which protection is not warranted are not swept unjustifiably within

23

the ambit of this Order.

24

Mass, indiscriminate, or routinized designations are prohibited. Designations that are

25

shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

26

unnecessarily encumber or retard the case development process or to impose unnecessary

27

expenses and burdens on other parties) expose the Designating Party to sanctions.

28

///
3
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

1

If it comes to a Designating Party’s attention that information or items that it designated

2

for protection do not qualify for protection that Designating Party must promptly notify all other

3

Parties that it is withdrawing the mistaken designation.

4

5.2

Manner and Timing of Designations. Except as otherwise provided in this Order

5

(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

6

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

7

designated before the material is disclosed or produced.

8

(a)

for information in documentary form (e.g., paper or electronic documents,

10

but excluding transcripts of depositions or other pretrial or trial

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

SAGASER, WATKINS & WIELAND PC

9

Designation in conformity with this Order requires:

proceedings), that the Producing Party affix the legend “CONFIDENTIAL”

12

to each page that contains protected material. If only a portion or portions of

13

the material on a page qualifies for protection, the Producing Party also

14

must clearly identify the protected portion(s) (e.g., by making appropriate

15

markings in the margins).

16

A Party or Non-Party that makes original documents or materials available

17

for inspection need not designate them for protection until after the

18

inspecting Party has indicated which material it would like copied and

19

produced. During the inspection and before the designation, all of the

20

material

21

“CONFIDENTIAL.” After the inspecting Party has identified the

22

documents it wants copied and produced, the Producing Party must

23

determine which documents, or portions thereof, qualify for protection

24

under this Order. Then, before producing the specified documents, the

25

Producing Party must affix the “CONFIDENTIAL” legend to each page

26

that contains Protected Material. If only a portion or portions of the material

27

on a page qualifies for protection, the Producing Party also must clearly

28

identify the protected portion(s) (e.g., by making appropriate markings in

made

available

for

inspection

shall

be

deemed

4
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

1

the margins).

2

(b)

for testimony given in deposition or in other pretrial or trial proceedings,

3

that the Designating Party identify on the record, before the close of the

4

deposition, hearing, or other proceeding, all protected testimony.

5

(c)

for information produced in some form other than documentary and for any
other tangible items, that the Producing Party affix in a prominent place on

7

the exterior of the container or containers in which the information or item

8

is stored the legend “CONFIDENTIAL.” If only a portion or portions of the

9

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

10

practicable, shall identify the protected portion(s).

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

SAGASER, WATKINS & WIELAND PC

6

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

12

designate qualified information or items does not, standing alone, waive the Designating Party’s

13

right to secure protection under this Order for such material. Upon timely correction of a

14

designation, the Receiving Party must make reasonable efforts to assure that the material is treated

15

in accordance with the provisions of this Order.

16

6.

17

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

18

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

19

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

20

burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to

21

challenge a confidentiality designation by electing not to mount a challenge promptly after the

22

original designation is disclosed.

23

6.2

Meet and Confer.

The Challenging Party shall initiate the dispute resolution

24

process by providing written notice of each designation it is challenging and describing the basis

25

for each challenge. To avoid ambiguity as to whether a challenge has been made, the written

26

notice must recite that the challenge to confidentiality is being made in accordance with this

27

specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in

28

good faith and must begin the process by conferring directly (in voice to voice dialogue; other
5
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

1

forms of communication are not sufficient) within 14 days of the date of service of notice. In

2

conferring, the Challenging Party must explain the basis for its belief that the confidentiality

3

designation was not proper and must give the Designating Party an opportunity to review the

4

designated material, to reconsider the circumstances, and, if no change in designation is offered, to

5

explain the basis for the chosen designation. A Challenging Party may proceed to the next stage of

6

the challenge process only if it has engaged in this meet and confer process first or establishes that

7

the Designating Party is unwilling to participate in the meet and confer process in a timely

8

manner.
6.3

Judicial Intervention.

If the Parties cannot resolve a challenge without court

10

intervention, the Designating Party shall file and serve a motion to retain confidentiality under

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

SAGASER, WATKINS & WIELAND PC

9

Local Rule 251 within 21 days of the initial notice of challenge or within 14 days of the parties

12

agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each

13

such motion must be accompanied by a competent declaration affirming that the movant has

14

complied with the meet and confer requirements imposed in the preceding paragraph. Failure by

15

the Designating Party to make such a motion including the required declaration within 21 days

16

shall automatically waive the confidentiality designation for each challenged designation. In

17

addition, the Challenging Party may file a motion challenging a confidentiality designation at any

18

time if there is good cause for doing so, including a challenge to the designation of a deposition

19

transcript or any portions thereof. Any motion brought pursuant to this provision must be

20

accompanied by a competent declaration affirming that the movant has complied with the meet

21

and confer requirements imposed by the preceding paragraph.

22

The burden of persuasion in any such challenge proceeding shall be on the Designating

23

Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

24

unnecessary expenses and burdens on other parties) may expose the Challenging Party to

25

sanctions. Unless the Designating Party has waived the confidentiality designation by failing to

26

file a motion to retain confidentiality as described above, all parties shall continue to afford the

27

material in question the level of protection to which it is entitled under the Producing Party’s

28

designation until the court rules on the challenge.
6
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

1
2

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

3

produced by another Party or by a Non-Party in connection with this case only for prosecuting,

4

defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to

5

the categories of persons and under the conditions described in this Order. When the litigation has

6

been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

7

DISPOSITION).

8

10

a secure manner that ensures that access is limited to the persons authorized under this Order.
7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

SAGASER, WATKINS & WIELAND PC

9

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

by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

12

information or item designated “CONFIDENTIAL” only to:

13

(a)

the Receiving Party’s Outside Counsel of Record in this action, as well as

14

employees of said Outside Counsel of Record to whom it is reasonably

15

necessary to disclose the information for this litigation and who have signed

16

the “Acknowledgment and Agreement to Be Bound” that is attached hereto

17

as Exhibit A;

18

(b)

the officers, directors, and employees (including House Counsel) of the

19

Receiving Party to whom disclosure is reasonably necessary for this

20

litigation and who have signed the “Acknowledgment and Agreement to Be

21

Bound” (Exhibit A);

22

(c)

Experts (as defined in this Order) of the Receiving Party to whom

23

disclosure is reasonably necessary for this litigation and who have signed

24

the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

25

(d)

the court and its personnel;

26

(e)

those present during the trial of this matter, including all pre-trial and

27

motion hearings, and during presentation/argument of this evidence unless

28

the Court orders otherwise;
7
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

1

(f)

court reporters and their staff, professional jury or trial consultants, mock

2

jurors, and Professional Vendors to whom disclosure is reasonably

3

necessary for this litigation and who have signed the “Acknowledgment and

4

Agreement to Be Bound” (Exhibit A);

5

(g)

during their depositions, witnesses in the action to whom disclosure is

Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the

8

Designating Party or ordered by the court. Pages of transcribed deposition

9

testimony or exhibits to depositions that reveal Protected Material must be

10

separately bound by the court reporter and may not be disclosed to anyone

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

reasonably necessary and who have signed the “Acknowledgment and

7

SAGASER, WATKINS & WIELAND PC

6

except as permitted under this Stipulated Protective Order.

12

(h)

the author or recipient of a document containing the information or a

13

custodian or other person who otherwise possessed or knew the

14

information.

15

8.

16

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION

17

If a Party is served with a subpoena or a court order issued in other litigation that compels

18

disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party

19

must:

20
21

(a)

promptly notify in writing the Designating Party. Such notification shall include a

copy of the subpoena or court order;

22

(b)

promptly notify in writing the party who caused the subpoena or order to issue in

23

the other litigation that some or all of the material covered by the subpoena or order is subject to

24

this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;

25

and

26
27
28

(c)

cooperate with respect to all reasonable procedures sought to be pursued by the

Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the subpoena
8
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

1

or court order shall not produce any information designated in this action as “CONFIDENTIAL”

2

before a determination by the court from which the subpoena or order issued, unless the Party has

3

obtained the Designating Party’s permission. The Designating Party shall bear the burden and

4

expense of seeking protection in that court of its confidential material – and nothing in these

5

provisions should be construed as authorizing or encouraging a Receiving Party in this action to

6

disobey a lawful directive from another court.

7

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION

9

(a)

The terms of this Order are applicable to information produced by a Non-Party in

10

this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

SAGASER, WATKINS & WIELAND PC

8

connection with this litigation is protected by the remedies and relief provided by this Order.

12

Nothing in these provisions should be construed as prohibiting a Non-Party from seeking

13

additional protections.

14

(b)

In the event that a Party is required, by a valid discovery request, to produce a Non-

15

Party’s confidential information in its possession, and the Party is subject to an agreement with the

16

Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

17

(1)

promptly notify in writing the Requesting Party and the Non-Party that

18

some or all of the information requested is subject to a confidentiality

19

agreement with a Non-Party;

20

(2)

promptly provide the Non-Party with a copy of the Stipulated Protective

21

Order in this litigation, the relevant discovery request(s), and a reasonably

22

specific description of the information requested; and

23
24

(3)
(c)

make the information requested available for inspection by the Non-Party.

If the Non-Party fails to object or seek a protective order from this court within 14

25

days of receiving the notice and accompanying information, the Receiving Party may produce the

26

Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely

27

seeks a protective order, the Receiving Party shall not produce any information in its possession or

28

control that is subject to the confidentiality agreement with the Non-Party before a determination
9
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and

2

expense of seeking protection in this court of its Protected Material.

3

10.

4

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material

5

to any person or in any circumstance not authorized under this Stipulated Protective Order, the

6

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

7

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

8

inform the person or persons to whom unauthorized disclosures were made of all the terms of this

9

Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

10

Be Bound” that is attached hereto as Exhibit A.

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

SAGASER, WATKINS & WIELAND PC

1

11.

12

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL

13

When a Producing Party gives notice to Receiving Parties that certain inadvertently produced

14

material is subject to a claim of privilege or other protection, the obligations of the Receiving

15

Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not

16

intended to modify whatever procedure may be established in an e-discovery order that provides

17

for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

18

(e), insofar as the parties reach an agreement on the effect of disclosure of a communication or

19

information covered by the attorney-client privilege or work product protection, the parties may

20

incorporate their agreement in the stipulated protective order submitted to the court.

21

12.

22
23
24

MISCELLANEOUS
12.1

Right to Further Relief. Nothing in this Order abridges the right of any person to

seek its modification by the court in the future.
12.2

Right to Assert Other Objections. By stipulating to the entry of this Protective

25

Order no Party waives any right it otherwise would have to object to disclosing or producing any

26

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

27

Party waives any right to object on any ground to use in evidence of any of the material covered

28

by this Protective Order.
10
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

1

12.3

Filing Protected Material. Without written permission from the Designating Party

the public record in this action any Protected Material. A Party that seeks to file under seal any

4

Protected Material must comply with Local Rule 141. Protected Material may only be filed under

5

seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue.

6

Pursuant to Local Rule 141, a sealing order will issue only upon a request establishing that the

7

Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to

8

protection under the law. If a Receiving Party's request to file Protected Material under seal

9

pursuant to Local Rule 141(b) is denied by the court, then the Receiving Party may file the

10

information in the public record pursuant to Local Rule 141(a) unless otherwise instructed by the

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

or a court order secured after appropriate notice to all interested persons, a Party may not file in

3

SAGASER, WATKINS & WIELAND PC

2

court.

12

13.

13

Within 60 days after the final disposition of this action, as defined in paragraph 4, each Receiving

14

Party must return all Protected Material to the Producing Party or destroy such material. As used

15

in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

16

summaries, and any other format reproducing or capturing any of the Protected Material. Whether

17

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

18

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

19

by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected

20

Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained

21

any copies, abstracts, compilations, summaries or any other format reproducing or capturing any

22

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

23

copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

24

correspondence, deposition and trial exhibits, expert reports, attorney work product, and

25

consultant and expert work product, even if such materials contain Protected Material. Any such

26

archival copies that contain or constitute Protected Material remain subject to this Protective Order

27

as set forth in Section 4 (DURATION).

28

///

FINAL DISPOSITION

11
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

1

14.

2

The parties understand that only a Court Order can seal documents filed with the Court pursuant to

3

a Noticed Motion to Seal. The parties agree to utilize telephonic conferencing procedures to

4

attempt to agree to a Joint or Unopposed Motion to Seal Documents which a party desires to file

5

under seal. The parties agree to cooperate with each other in a good faith attempt to file the Joint

6

or Unopposed Motion to seal Confidential Information. To the extent that filing under seal is not

7

permitted by the Court, no party will file any Confidential Information with the Court without

8

providing at least 5 days advance notice to the other parties.

FILING PROTECTED MATERIAL

10

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

SAGASER, WATKINS & WIELAND PC

9

12
13

Date: June 8, 2017

14

LAW OFFICES OF JOHN E. HILL
By:

15
16

Date: June 8, 2017

/s/ Enrique Martinez
Enrique Martínez
Attorneys for Plaintiffs

SAGASER, WATKINS & WIELAND, P.C.

17
By:

18
19

/s/ William M. Woolman
William M. Woolman
Attorneys for Defendants

20
21
22
23
24

///
///
///
///

25
26
27

///
///

28
12
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1

1

ORDER

2

The parties’ stipulated protective order filed on June 16, 2017 (Doc. 11) complies with the

3

requirements of Local Rules 141 and 141.1. Accordingly, IT IS HEREBY ORDERED that the

4

parties’ Stipulated Protective Order is APPROVED in its entirety.

5
6
IT IS SO ORDERED.
7
8

Dated:

June 21, 2017

A. McAuliffe

10
11
ATTORNEYS AT LAW
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Telephone: [phone]

_

UNITED STATES MAGISTRATE JUDGE

9

SAGASER, WATKINS & WIELAND PC

/s/ Barbara

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
13
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION
015004.00003 - 167758.1