Moran et al v. Altec Industries

Filing 13

STIPULATED PROTECTIVE ORDER 12 , signed by Magistrate Judge Christopher D. Baker on 6/6/2024. (Hall, S)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RALPH B. WEGIS, SBN 67966 LAW OFFICES OF RALPH B. WEGIS 1930 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 TELEPHONE: (661) 635-2100 FAX: (661) 635-2107 Email: wegisservice@ralphwegis.com STEVEN W. MARTIN, SBN 265407 MARTIN ESQUIRE & ASSOCIATES, APC 3530 Camino Del Rio North, Suite 202 San Diego, California 92108 TELEPHONE: (619) 642-2412 FAX: (619) 908-1131 Email: steven@martinesquire.com Attorneys for Plaintiffs, OMAR MORAN, SANDY MORAN RILEY SAFER HOLMES & CANCILA LLP Jeffrey R. Williams (CSB# 084156) jwilliams@rshc-law.com David W. Kempen (CSB# 345980) dkempen@rshc-law.com 456 Montgomery Street, 16th Floor San Francisco, CA 94104 Telephone: (415) 275-8550 Facsimile: (415) 275 UNITED STATES DISTRICT COURT 18 19 20 21 22 23 24 25 EASTERN DISTRICT OF CALIFORNIA OMAR MORAN, an individual; and SANDY MORAN, an individual, Case No. 1:23-CV-01236-KES-CDB Assigned To: District Judge Kirk E. Sherriff Plaintiffs, vs. ALTEC INDUSTRIES, an Alabama Corporation, dba Altec Service Center, and DOES 1 through 25, inclusive, STIPULATED PROTECTIVE ORDER Defendants. 28 -1STIPULATED PROTECTIVE ORDER 1 STIPULATION 2 To expedite discovery, facilitate the prompt resolution of disputes over 3 confidentiality, and adequately protect material entitled to be kept confidential, Plaintiffs 4 Omar Moran and Sandy Moran, and Defendant Altec Industries, Inc., by and through 5 their respective counsels of record, stipulate to the following protective order 6 pursuant to Federal Rules of Civil Procedure, Rule 26(c), and respectfully request that 7 the Court enter the parties’ stipulated protective order as the Order of the Court. 8 Part One: Use of Designated Materials in Discovery 9 1. Information, material and/or discovery responses may be designated 10 pursuant to this Protective Order by the person or entity producing, lodging it or 11 otherwise furnishing it or by any party to this action (the “Designating Party”) if: (a) 12 provided or served, formally or informally, in response to any formal or informal 13 discovery request, deposition notice or order in this action; and/or (b) filed or lodged 14 with the Court. All such information, material and/or discovery responses and all 15 information or material derived therefrom is “Designated Material” under this Protective 16 Order, whether labeled as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - 17 ATTORNEYS’ EYES ONLY” as set forth below. Unless and until otherwise ordered 18 by the Court or agreed to in writing by the parties, Designated Material shall be used 19 only in the trial and preparation for trial of this action and shall not be used or disclosed 20 by the receiving party except as expressly provided under the terms of this Protective 21 Order. 22 2. Any party or non-party may designate as “Confidential Information” (by 23 stamping the relevant page “CONFIDENTIAL” or as otherwise set forth herein) any 24 document or response to discovery for the purposes of (i) avoiding invasions of 25 individual privacy and (ii) protecting non-public proprietary information and 26 confidential business, technical, financial and/or personal information relating to the 27 Designating Party’s business, technical, financial, or personal affairs, subject to United 28 States Court of Appeals for the Ninth Circuit, Circuit Rule 27-13 or under other -2STIPULATED PROTECTIVE ORDER 1 applicable rules of court. Any party or non-party may designate as “Highly Confidential 2 Information” (by stamping the relevant page “HIGHLY CONFIDENTIAL - 3 ATTORNEYS’ EYES ONLY” or as otherwise set forth herein) any document or 4 response to discovery which that party or non-party considers in good faith to contain 5 information involving trade secrets, or confidential business or financial information, 6 subject to United States Court of Appeals for the Ninth Circuit, Circuit Rule 27-13 or 7 under other applicable rules of court. Where a document or response consists of more 8 than one page, the first page and each page on which Designated Material appears shall 9 be so designated. 10 3. A party or non-party may designate information disclosed during a 11 deposition or in response to written discovery as “CONFIDENTIAL” or “HIGHLY 12 CONFIDENTIAL - ATTORNEYS’ EYES ONLY” by so indicating in said responses or 13 on the record at the deposition and requesting the preparation of a separate transcript of 14 such material. In addition, a party or non-party may designate in writing, within 20 days 15 after receipt of said responses or of the deposition transcript for which the designation is 16 proposed, that specific pages of the transcript and/or specific responses be treated as 17 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” 18 Any other party may object to such proposal, in writing or on the record. Upon such 19 objection, the parties shall follow the procedures described in paragraph 10 below. After 20 any designation made according to the procedure set forth in this paragraph, the 21 designated documents or information shall be treated according to the designation until 22 the matter is resolved according to the procedures described in paragraph 10 below, and 23 counsel for all parties shall be responsible for marking all previously unmarked copies 24 of the designated material in their possession or control with the specified designation. 25 4. All Designated Material produced or exchanged in the course of this case 26 (not including information that is publicly available) shall be used by the party or parties 27 to whom the information is produced solely for the purpose of this case. 28 -3STIPULATED PROTECTIVE ORDER 1 5. Except with the prior written consent of the other parties, or upon prior 2 order of this Court obtained upon notice to opposing counsel, Confidential Information 3 shall not be disclosed to any person other than: 4 5 (a) counsel for the respective parties to this litigation, including in-house counsel and co-counsel retained for this litigation; 6 (b) employees of such counsel; 7 (c) individual parties or officers or employees of a party, to the extent deemed 8 necessary by counsel for the prosecution or defense of this litigation; 9 (d) consultants or expert witnesses retained for the prosecution or defense of 10 this litigation, provided that each such person shall execute a copy of the 11 Certification annexed to this Protective Order (which shall be retained by counsel to 12 the party so disclosing the Confidential Information and made available for 13 inspection by opposing counsel during the pendency or after the termination of the 14 action only upon good cause shown and upon order of the Court) before being shown 15 or given any Confidential Information, and provided that if the party chooses a 16 consultant or expert employed by that party, that party shall notify the opposing 17 party, or designating non-party, before disclosing any Confidential Information to 18 that individual and shall give the opposing party or designating non-party an 19 opportunity to move for a protective order preventing or limiting such disclosure; 20 21 (e) any authors or recipients appearing on the face of the Confidential Information; 22 (f) the Court, Court personnel, and court reporters; and 23 (g) witnesses (other than persons described in paragraph 5(e)). A witness shall 24 sign the Certification before being shown Confidential Information. Confidential 25 Information may be disclosed to a witness who will not sign the Certification only 26 in a deposition at which the party who designated the Confidential Information is 27 represented or has been given notice that Confidential Information produced by the 28 party may be used. At the request of any party, the portion of the deposition -4STIPULATED PROTECTIVE ORDER 1 transcript 2 “CONFIDENTIAL” pursuant to paragraph 2 above. Witnesses shown Confidential 3 Information shall not be allowed to retain copies. 4 6. involving the Confidential Information shall be designated Except with the prior written consent of the other parties, or upon prior 5 order of this Court obtained upon notice to opposing counsel, Highly Confidential— 6 Attorneys Eyes Only Information shall not be disclosed to any person other than: 7 8 (a) outside litigation counsel for the respective parties to this litigation, including co-counsel retained for this litigation; 9 (b) consultants or expert witnesses retained for the prosecution or defense of 10 this litigation, provided that each such person shall execute a copy of the 11 Certification annexed to this Protective Order (which shall be retained by counsel to 12 the party so disclosing the Highly Confidential Information and made available for 13 inspection by opposing counsel during the pendency or after the termination of the 14 action only upon good cause shown and upon order of the Court) before being shown 15 or given any Highly Confidential Information, and provided that if the party chooses 16 a consultant or expert employed by that party or one of its competitors (as listed on 17 Appendix A), that party shall notify the opposing party, or designating non-party, 18 before disclosing any Highly Confidential Information to that individual and shall 19 give the opposing party or designating non-party an opportunity to move for a 20 protective order preventing or limiting such disclosure; 21 22 (c) any authors or recipients appearing on the face of the Highly Confidential Information; 23 (d) the Court, Court personnel, and court reporters; and 24 (e) witnesses (other than persons described in paragraph 6(c)). A witness shall 25 sign the Certification before being shown a document designated as Highly 26 Confidential. At the request of any party, the portion of the deposition transcript 27 involving the Highly Confidential Information shall be designated “HIGHLY 28 CONFIDENTIAL - ATTORNEYS’ EYES ONLY” pursuant to paragraph 2 above. -5STIPULATED PROTECTIVE ORDER 1 Witnesses shown Highly Confidential Information shall not be allowed to retain 2 copies. 3 7. Any persons receiving Designated Material shall not reveal or discuss such 4 information to or with any person who is not entitled to receive such information, except 5 as set forth herein. 6 8. In connection with discovery proceedings as to which a party submits 7 Designated Material, all documents and chamber copies containing Designated Material 8 which are submitted to the Court shall be filed with the Court in sealed envelopes or 9 other appropriate sealed containers. On the outside of the envelopes, a copy of the first 10 page of the document shall be attached. If Designated Material is included in the first 11 page attached to the outside of the envelopes, it may be deleted from the outside copy. 12 The words “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ 13 EYES ONLY” shall be stamped on the envelope and a statement substantially in the 14 following form shall also be printed on the envelope: 15 This envelope is sealed pursuant to Order of the Court, contains Designated 16 Material and is not to be opened or the contents revealed, except by Order 17 of the Court or agreement by the parties. 18 9. A party may designate as “CONFIDENTIAL” or “HIGHLY 19 CONFIDENTIAL—ATTORNEYS EYES ONLY” documents or discovery materials 20 produced by a non-party by providing written notice to all parties of the relevant 21 document numbers or other identification within thirty (30) days after receiving such 22 documents or discovery materials. Any party or non-party may voluntarily disclose to 23 others without restriction any information designated by that party or non-party as 24 Confidential Information or Highly Confidential Information, although a document may 25 lose its confidential status if it is made public. 26 10. If a party contends that any Designated Material is not entitled to treatment 27 as such or at the level of protection designated, that party may at any time give written 28 notice to the party or non-party who designated the material. The party or non-party -6STIPULATED PROTECTIVE ORDER 1 who designated the material shall have 10 court days from the receipt of such written 2 notice to apply to the Court for an order confirming designation of the material as 3 Confidential Information or as Highly Confidential Information. The party or non-party 4 seeking the order has the burden of establishing that the document is entitled to such 5 protection. 6 11. Notwithstanding any challenge to Designated Material as provided in the 7 preceding paragraph, all documents so designated shall be treated as such and shall be 8 subject to the provisions hereof unless and until one of the following occurs: 9 10 (a) the party or non-party who designated the Designated Material as such withdraws such designation in writing; or 11 (b) the party or non-party who designated the Designated Material as such fails 12 to apply to the Court for an order designating the material confidential within the 13 time period specified above after receipt of a written challenge to such designation; 14 or 15 16 17 (c) the Court rules the material is not Confidential Information or Highly Confidential Information. 12. All provisions of this Protective Order restricting the communication or use 18 of Designated Material shall continue to be binding after the conclusion of this action, 19 unless otherwise agreed or ordered. Upon conclusion of the litigation, a party in the 20 possession of Designated Material, other than that which is contained in pleadings, 21 correspondence, and deposition transcripts, shall either (a) return such materials no later 22 than 30 days after conclusion of this action to counsel for the party or non-party who 23 provided such information, or (b) destroy such materials within the time period upon 24 consent of the party who provided the materials and certify in writing within 30 days 25 that the documents have been destroyed. 26 13. Nothing herein shall be deemed to waive any applicable privilege or work 27 product protection, or to affect the ability of a party to seek relief for an inadvertent 28 disclosure of material protected by privilege or work product protection. If any person -7STIPULATED PROTECTIVE ORDER 1 inadvertently produces any Designated Materials without making it with the appropriate 2 legend, the producing party may give written notice to the receiving party or parties, 3 including appropriately stamped copies of the Designated Material, that the document, 4 thing, or response is deemed Designated Material and should be treated as such in 5 accordance with the provisions of this Protective Order. Thereafter, such material shall 6 be treated in accordance with the provisions of this Protective Order. Any witness or 7 other person, firm or entity from which discovery is sought may be informed of and may 8 obtain the protection of this Protective Order by written advice to the parties’ respective 9 counsel or by oral advice at the time of any deposition or similar proceeding. 10 14. Nothing in this Protective Order shall be construed to affect either the 11 discoverability or admissibility at trial of any document or thing, nor shall any party’s or 12 non-party’s assent to this Protective Order be deemed to waive that party’s or non- 13 party’s right to object to the production of documents and things on appropriate grounds 14 or to move to compel the production of documents and things wrongfully withheld from 15 production. 16 Confidential Information or Highly Confidential Information as proof that such 17 Designated Material is actually confidential or constitutes (or contains) trade secret 18 material. 19 No party may refer to this Protective Order or the designation of Part Two: Use of Confidential Materials in Court 20 The following provisions govern the treatment of Designated Material used at trial 21 or submitted as a basis for adjudication of matters other than discovery motions or 22 proceedings. These provisions are subject to United States Court of Appeals for the 23 Ninth Circuit, Circuit Rule 27-13 or under other applicable rules of court and must be 24 construed in light of those Rules. 25 15. A party that files with the Court, or seeks to use at trial, materials designated 26 as Designated Material, and who seeks to have the record containing such information 27 sealed, shall submit to the Court a motion to seal. 28 -8STIPULATED PROTECTIVE ORDER 1 16. A party that files with the Court, or seeks to use at trial, Designated Material 2 marked as such by anyone other than itself, and who does not seek to have the record 3 containing such information sealed, shall comply with either of the following 4 requirements: 5 (a) At least 5 business days prior to the filing or use of the Designated Material, 6 the submitting party shall give notice to all other parties, and to any non-party that 7 designated Designated Material as such pursuant to this Protective Order, of the 8 submitting party’s intention to file or use the Designated Material, including specific 9 identification of the Designated Material. Any affected party or non-party may then 10 file a motion to seal; or 11 (b) At the time of filing or desiring to use the Designated Material, the 12 submitting party shall submit the materials pursuant to the lodging-under-seal 13 provision of the court. Any affected party or non-party may then file a motion to 14 seal, within 10 business days after such lodging. Documents lodged with the Court 15 shall bear a legend stating that such materials shall be unsealed upon expiration of 16 10 business days, absent the filing of a motion to seal or Court order. The party 17 responsible for lodging or filing the Designated Material shall be responsible for 18 retrieving it from the Court following the final termination of the action (including 19 any appeals thereof). 20 17. In connection with a request to have materials sealed pursuant to 21 Sections 15 or 16, the moving party’s declaration shall contain sufficient particularity 22 with respect to the particular Designated Material and the basis for sealing to enable the 23 Court to make the findings without being required to review each item of Designated 24 Material. 25 18. If any party fails to file materials designated as Designated Material under 26 seal, the designating party or any other party to this action may request that the Court 27 place the materials designated as Designated Material under seal within 30 days of the 28 filing of said materials. The Clerk of the Court is directed to comply with such a request. -9STIPULATED PROTECTIVE ORDER 1 19. Nothing in this Protective Order shall prevent or otherwise restrict counsel 2 from rendering advice to their clients and, in the course of rendering such advice, relying 3 upon the examination of materials designated as Designated Material. In rendering such 4 advice and otherwise communicating with the client, however, counsel shall not make 5 any disclosure of any Designated Material, except as permitted by this Protective Order. 6 Part Three: Modification and Survival 7 20. The parties reserve the right to seek modification of this Protective Order 8 at any time for good cause. The parties shall meet and confer prior to seeking to modify 9 this Protective Order for any reason. To the extent that such modification would or might 10 affect Designated Material so designated by any third party, the parties will meet and 11 confer with such third party prior to seeking to modify this Protective Order for any 12 reason. The restrictions imposed by this Protective Order may only be modified or 13 terminated by written stipulation of the parties in this action, and to the extent such 14 modification or termination would or might apply to any Designated Material so 15 designated by any third party, written stipulation of such third party, or by order of this 16 Court. 17 21. This stipulation is for the Court’s consideration and approval as an order. It 18 shall not be construed to create a contract between the parties or between the parties and 19 their respective counsel. 20 22. The Court retains jurisdiction to make such amendments, modifications, 21 and additions to this as it may from time to time deem appropriate. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// - 10 STIPULATED PROTECTIVE ORDER 1 SO STIPULATED 2 3 Dated: February 13, 2024 LAW OFFICES OF RALPH B. WEGIS 4 Ralph B. Wegis 5 RALPH B. WEGIS Attorneys for Plaintiffs, OMAR MORAN, SANDY MORAN, 6 7 8 9 10 Dated: February 13 , 2024 MARTIN ESQUIRE & ASSOCIATES, APC 11 12 STEVEN W. MARTIN Attorneys for Plaintiffs, OMAR MORAN, SANDY MORAN 13 14 15 16 17 Dated: February 13 , 2024 RILEY SAFER HOLMES & CANCILA, LLP 18 19 JEFFREY R. WILLIAMS DAVID W. KEMPEN Attorneys for Defendant, ALTEC INDUSTRIES, INC. 20 21 22 23 IT IS SO ORDERED 24 25 26 27 . Dated: June 6, 2024 ___________________ _ UNITED STATES MAGISTRATE JUDGE 28 - 11 STIPULATED PROTECTIVE ORDER CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS 1 2 3 I, [NAME], [POSITION AND 4 EMPLOYER], hereby acknowledge that I am about to receive Confidential Materials 5 and/or Highly Confidential Materials supplied in connection with the Proceeding 6 7 8 (Moran v. Altec Industries, Inc., United States District Court, Eastern District of California, Case No 1:23-CV-01236-KES-CDB). I certify that I understand that the 9 10 11 12 Confidential Materials and/or Highly Confidential Materials are provided to me subject to the terms and restrictions of the Stipulation and Protective Order filed in this Proceeding. I have been given a copy of the Stipulation and Protective Order. I have 13 14 15 16 17 read it, and I agree to be bound by its terms. I understand that the Confidential Materials and Highly Confidential Materials, as defined in the Stipulation and Protective Order, including any notes or other records that 18 may be made regarding any such materials, shall not be Disclosed to anyone except as 19 expressly permitted by the Stipulation and Protective Order. I will not copy or use, 20 21 except solely for the purposes of this Proceeding, any Confidential Materials or Highly 22 Confidential Materials obtained pursuant to this Stipulation and Protective Order, except 23 24 25 26 as provided therein or otherwise ordered by the Court in the Proceeding. I further understand that I am to retain all copies of all Confidential Materials and Highly Confidential Materials provided to me in the Proceeding in a secure manner, and 27 28 that all copies of such materials are to remain in my personal custody until termination - 13 STIPULATED PROTECTIVE ORDER 1 2 3 of my participation in this Proceeding, whereupon the copies of such materials will be returned to counsel who provided me with such materials. I declare under penalty of perjury under the laws of the State of California and the 4 5 laws of the United States of America that the foregoing is true and correct. Executed 6 7 this th day of , 2024. 8 9 10 Dated: By: 11 Signature 12 13 Title 14 15 Address 16 17 18 City, State, Zip 19 20 Telephone Number 21 22 23 24 25 26 27 28 - 14 - STIPULATED PROTECTIVE ORDER

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