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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RALPH B. WEGIS, SBN 67966
LAW OFFICES OF RALPH B. WEGIS
1930 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
TELEPHONE: [phone]
FAX: [phone]
Email: [e-mail]
STEVEN W. MARTIN, SBN 265407
MARTIN ESQUIRE & ASSOCIATES, APC
3530 Camino Del Rio North, Suite 202
San Diego, California 92108
TELEPHONE: [phone]
FAX: [phone]
Email: [e-mail]
Attorneys for Plaintiffs,
OMAR MORAN, SANDY MORAN
RILEY SAFER HOLMES & CANCILA LLP
Jeffrey R. Williams (CSB# 084156)
[e-mail]
David W. Kempen (CSB# 345980)
[e-mail]
456 Montgomery Street, 16th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: (415) 275
UNITED STATES DISTRICT COURT

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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.

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-1STIPULATED PROTECTIVE ORDER

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STIPULATION

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To expedite discovery, facilitate the prompt resolution of disputes over

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confidentiality, and adequately protect material entitled to be kept confidential, Plaintiffs

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Omar Moran and Sandy Moran, and Defendant Altec Industries, Inc., by and through

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their respective counsels of record, stipulate to the following protective order

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pursuant to Federal Rules of Civil Procedure, Rule 26(c), and respectfully request that

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the Court enter the parties’ stipulated protective order as the Order of the Court.

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Part One: Use of Designated Materials in Discovery

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1.

Information, material and/or discovery responses may be designated

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pursuant to this Protective Order by the person or entity producing, lodging it or

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otherwise furnishing it or by any party to this action (the “Designating Party”) if: (a)

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provided or served, formally or informally, in response to any formal or informal

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discovery request, deposition notice or order in this action; and/or (b) filed or lodged

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with the Court. All such information, material and/or discovery responses and all

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information or material derived therefrom is “Designated Material” under this Protective

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Order, whether labeled as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -

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ATTORNEYS’ EYES ONLY” as set forth below. Unless and until otherwise ordered

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by the Court or agreed to in writing by the parties, Designated Material shall be used

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only in the trial and preparation for trial of this action and shall not be used or disclosed

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by the receiving party except as expressly provided under the terms of this Protective

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Order.

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2.

Any party or non-party may designate as “Confidential Information” (by

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stamping the relevant page “CONFIDENTIAL” or as otherwise set forth herein) any

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document or response to discovery for the purposes of (i) avoiding invasions of

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individual privacy and (ii) protecting non-public proprietary information and

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confidential business, technical, financial and/or personal information relating to the

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Designating Party’s business, technical, financial, or personal affairs, subject to United

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States Court of Appeals for the Ninth Circuit, Circuit Rule 27-13 or under other
-2STIPULATED PROTECTIVE ORDER

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applicable rules of court. Any party or non-party may designate as “Highly Confidential

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Information” (by stamping the relevant page “HIGHLY CONFIDENTIAL -

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ATTORNEYS’ EYES ONLY” or as otherwise set forth herein) any document or

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response to discovery which that party or non-party considers in good faith to contain

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information involving trade secrets, or confidential business or financial information,

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subject to United States Court of Appeals for the Ninth Circuit, Circuit Rule 27-13 or

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under other applicable rules of court. Where a document or response consists of more

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than one page, the first page and each page on which Designated Material appears shall

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be so designated.

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3.

A party or non-party may designate information disclosed during a

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deposition or in response to written discovery as “CONFIDENTIAL” or “HIGHLY

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

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on the record at the deposition and requesting the preparation of a separate transcript of

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such material. In addition, a party or non-party may designate in writing, within 20 days

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after receipt of said responses or of the deposition transcript for which the designation is

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proposed, that specific pages of the transcript and/or specific responses be treated as

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

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Any other party may object to such proposal, in writing or on the record. Upon such

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objection, the parties shall follow the procedures described in paragraph 10 below. After

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any designation made according to the procedure set forth in this paragraph, the

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designated documents or information shall be treated according to the designation until

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the matter is resolved according to the procedures described in paragraph 10 below, and

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counsel for all parties shall be responsible for marking all previously unmarked copies

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of the designated material in their possession or control with the specified designation.

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4.

All Designated Material produced or exchanged in the course of this case

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(not including information that is publicly available) shall be used by the party or parties

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to whom the information is produced solely for the purpose of this case.

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-3STIPULATED PROTECTIVE ORDER

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5.

Except with the prior written consent of the other parties, or upon prior

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order of this Court obtained upon notice to opposing counsel, Confidential Information

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shall not be disclosed to any person other than:

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(a) counsel for the respective parties to this litigation, including in-house
counsel and co-counsel retained for this litigation;

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(b) employees of such counsel;

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(c) individual parties or officers or employees of a party, to the extent deemed

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necessary by counsel for the prosecution or defense of this litigation;

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(d) consultants or expert witnesses retained for the prosecution or defense of

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this litigation, provided that each such person shall execute a copy of the

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Certification annexed to this Protective Order (which shall be retained by counsel to

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the party so disclosing the Confidential Information and made available for

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inspection by opposing counsel during the pendency or after the termination of the

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action only upon good cause shown and upon order of the Court) before being shown

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or given any Confidential Information, and provided that if the party chooses a

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consultant or expert employed by that party, that party shall notify the opposing

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party, or designating non-party, before disclosing any Confidential Information to

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that individual and shall give the opposing party or designating non-party an

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opportunity to move for a protective order preventing or limiting such disclosure;

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(e) any authors or recipients appearing on the face of the Confidential
Information;

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(f) the Court, Court personnel, and court reporters; and

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(g) witnesses (other than persons described in paragraph 5(e)). A witness shall

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sign the Certification before being shown Confidential Information. Confidential

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Information may be disclosed to a witness who will not sign the Certification only

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in a deposition at which the party who designated the Confidential Information is

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represented or has been given notice that Confidential Information produced by the

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party may be used. At the request of any party, the portion of the deposition
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transcript

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“CONFIDENTIAL” pursuant to paragraph 2 above. Witnesses shown Confidential

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Information shall not be allowed to retain copies.

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6.

involving

the

Confidential

Information

shall

be

designated

Except with the prior written consent of the other parties, or upon prior

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order of this Court obtained upon notice to opposing counsel, Highly Confidential—

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Attorneys Eyes Only Information shall not be disclosed to any person other than:

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(a)

outside litigation counsel for the respective parties to this litigation,

including co-counsel retained for this litigation;

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(b) consultants or expert witnesses retained for the prosecution or defense of

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this litigation, provided that each such person shall execute a copy of the

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Certification annexed to this Protective Order (which shall be retained by counsel to

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the party so disclosing the Highly Confidential Information and made available for

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inspection by opposing counsel during the pendency or after the termination of the

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action only upon good cause shown and upon order of the Court) before being shown

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or given any Highly Confidential Information, and provided that if the party chooses

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a consultant or expert employed by that party or one of its competitors (as listed on

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Appendix A), that party shall notify the opposing party, or designating non-party,

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before disclosing any Highly Confidential Information to that individual and shall

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give the opposing party or designating non-party an opportunity to move for a

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protective order preventing or limiting such disclosure;

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(c) any authors or recipients appearing on the face of the Highly Confidential
Information;

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(d) the Court, Court personnel, and court reporters; and

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(e) witnesses (other than persons described in paragraph 6(c)). A witness shall

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sign the Certification before being shown a document designated as Highly

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Confidential. At the request of any party, the portion of the deposition transcript

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involving the Highly Confidential Information shall be designated “HIGHLY

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CONFIDENTIAL - ATTORNEYS’ EYES ONLY” pursuant to paragraph 2 above.
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Witnesses shown Highly Confidential Information shall not be allowed to retain

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copies.

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7.

Any persons receiving Designated Material shall not reveal or discuss such

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information to or with any person who is not entitled to receive such information, except

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as set forth herein.

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8.

In connection with discovery proceedings as to which a party submits

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Designated Material, all documents and chamber copies containing Designated Material

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which are submitted to the Court shall be filed with the Court in sealed envelopes or

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other appropriate sealed containers. On the outside of the envelopes, a copy of the first

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page of the document shall be attached. If Designated Material is included in the first

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page attached to the outside of the envelopes, it may be deleted from the outside copy.

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The words “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’

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EYES ONLY” shall be stamped on the envelope and a statement substantially in the

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following form shall also be printed on the envelope:

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This envelope is sealed pursuant to Order of the Court, contains Designated

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Material and is not to be opened or the contents revealed, except by Order

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of the Court or agreement by the parties.

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9.

A

party

may

designate

as

“CONFIDENTIAL”

or

“HIGHLY

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CONFIDENTIAL—ATTORNEYS EYES ONLY” documents or discovery materials

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produced by a non-party by providing written notice to all parties of the relevant

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document numbers or other identification within thirty (30) days after receiving such

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documents or discovery materials. Any party or non-party may voluntarily disclose to

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others without restriction any information designated by that party or non-party as

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Confidential Information or Highly Confidential Information, although a document may

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lose its confidential status if it is made public.

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10.

If a party contends that any Designated Material is not entitled to treatment

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as such or at the level of protection designated, that party may at any time give written

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notice to the party or non-party who designated the material. The party or non-party
-6STIPULATED PROTECTIVE ORDER

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who designated the material shall have 10 court days from the receipt of such written

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notice to apply to the Court for an order confirming designation of the material as

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Confidential Information or as Highly Confidential Information. The party or non-party

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seeking the order has the burden of establishing that the document is entitled to such

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protection.

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11.

Notwithstanding any challenge to Designated Material as provided in the

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preceding paragraph, all documents so designated shall be treated as such and shall be

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subject to the provisions hereof unless and until one of the following occurs:

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(a) the party or non-party who designated the Designated Material as such
withdraws such designation in writing; or

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(b) the party or non-party who designated the Designated Material as such fails

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to apply to the Court for an order designating the material confidential within the

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time period specified above after receipt of a written challenge to such designation;

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or

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(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

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of Designated Material shall continue to be binding after the conclusion of this action,

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unless otherwise agreed or ordered. Upon conclusion of the litigation, a party in the

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possession of Designated Material, other than that which is contained in pleadings,

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correspondence, and deposition transcripts, shall either (a) return such materials no later

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than 30 days after conclusion of this action to counsel for the party or non-party who

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provided such information, or (b) destroy such materials within the time period upon

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consent of the party who provided the materials and certify in writing within 30 days

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that the documents have been destroyed.

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13.

Nothing herein shall be deemed to waive any applicable privilege or work

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product protection, or to affect the ability of a party to seek relief for an inadvertent

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disclosure of material protected by privilege or work product protection. If any person
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inadvertently produces any Designated Materials without making it with the appropriate

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legend, the producing party may give written notice to the receiving party or parties,

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including appropriately stamped copies of the Designated Material, that the document,

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thing, or response is deemed Designated Material and should be treated as such in

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accordance with the provisions of this Protective Order. Thereafter, such material shall

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be treated in accordance with the provisions of this Protective Order. Any witness or

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other person, firm or entity from which discovery is sought may be informed of and may

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obtain the protection of this Protective Order by written advice to the parties’ respective

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counsel or by oral advice at the time of any deposition or similar proceeding.

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14.

Nothing in this Protective Order shall be construed to affect either the

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discoverability or admissibility at trial of any document or thing, nor shall any party’s or

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non-party’s assent to this Protective Order be deemed to waive that party’s or non-

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party’s right to object to the production of documents and things on appropriate grounds

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or to move to compel the production of documents and things wrongfully withheld from

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production.

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Confidential Information or Highly Confidential Information as proof that such

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Designated Material is actually confidential or constitutes (or contains) trade secret

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material.

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No party may refer to this Protective Order or the designation of

Part Two: Use of Confidential Materials in Court

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The following provisions govern the treatment of Designated Material used at trial

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or submitted as a basis for adjudication of matters other than discovery motions or

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proceedings. These provisions are subject to United States Court of Appeals for the

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Ninth Circuit, Circuit Rule 27-13 or under other applicable rules of court and must be

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construed in light of those Rules.

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15.

A party that files with the Court, or seeks to use at trial, materials designated

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as Designated Material, and who seeks to have the record containing such information

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sealed, shall submit to the Court a motion to seal.

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-8STIPULATED PROTECTIVE ORDER

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16.

A party that files with the Court, or seeks to use at trial, Designated Material

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marked as such by anyone other than itself, and who does not seek to have the record

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containing such information sealed, shall comply with either of the following

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requirements:

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(a) At least 5 business days prior to the filing or use of the Designated Material,

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the submitting party shall give notice to all other parties, and to any non-party that

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designated Designated Material as such pursuant to this Protective Order, of the

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submitting party’s intention to file or use the Designated Material, including specific

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identification of the Designated Material. Any affected party or non-party may then

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file a motion to seal; or

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(b) At the time of filing or desiring to use the Designated Material, the

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submitting party shall submit the materials pursuant to the lodging-under-seal

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provision of the court. Any affected party or non-party may then file a motion to

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seal, within 10 business days after such lodging. Documents lodged with the Court

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shall bear a legend stating that such materials shall be unsealed upon expiration of

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10 business days, absent the filing of a motion to seal or Court order. The party

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responsible for lodging or filing the Designated Material shall be responsible for

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retrieving it from the Court following the final termination of the action (including

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any appeals thereof).

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17.

In connection with a request to have materials sealed pursuant to

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Sections 15 or 16, the moving party’s declaration shall contain sufficient particularity

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with respect to the particular Designated Material and the basis for sealing to enable the

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Court to make the findings without being required to review each item of Designated

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Material.

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18.

If any party fails to file materials designated as Designated Material under

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seal, the designating party or any other party to this action may request that the Court

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place the materials designated as Designated Material under seal within 30 days of the

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filing of said materials. The Clerk of the Court is directed to comply with such a request.
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19.

Nothing in this Protective Order shall prevent or otherwise restrict counsel

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from rendering advice to their clients and, in the course of rendering such advice, relying

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upon the examination of materials designated as Designated Material. In rendering such

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advice and otherwise communicating with the client, however, counsel shall not make

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any disclosure of any Designated Material, except as permitted by this Protective Order.

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Part Three: Modification and Survival

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20.

The parties reserve the right to seek modification of this Protective Order

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at any time for good cause. The parties shall meet and confer prior to seeking to modify

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this Protective Order for any reason. To the extent that such modification would or might

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affect Designated Material so designated by any third party, the parties will meet and

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confer with such third party prior to seeking to modify this Protective Order for any

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

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terminated by written stipulation of the parties in this action, and to the extent such

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modification or termination would or might apply to any Designated Material so

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designated by any third party, written stipulation of such third party, or by order of this

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Court.

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21.

This stipulation is for the Court’s consideration and approval as an order. It

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shall not be construed to create a contract between the parties or between the parties and

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their respective counsel.

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The Court retains jurisdiction to make such amendments, modifications,

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and additions to this as it may from time to time deem appropriate.

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///
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SO STIPULATED

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Dated: February 13, 2024

LAW OFFICES OF RALPH B. WEGIS

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Ralph B. Wegis

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RALPH B. WEGIS
Attorneys for Plaintiffs,
OMAR MORAN,
SANDY MORAN,

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Dated: February 13 , 2024

MARTIN ESQUIRE & ASSOCIATES, APC

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STEVEN W. MARTIN
Attorneys for Plaintiffs,
OMAR MORAN,
SANDY MORAN

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Dated: February 13 , 2024

RILEY SAFER HOLMES & CANCILA, LLP

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JEFFREY R. WILLIAMS
DAVID W. KEMPEN
Attorneys for Defendant,
ALTEC INDUSTRIES, INC.

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IT IS SO ORDERED

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.

Dated: June 6, 2024

___________________

_

UNITED STATES MAGISTRATE JUDGE

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- 11 STIPULATED PROTECTIVE ORDER

CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS

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I,

[NAME],

[POSITION AND

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EMPLOYER], hereby acknowledge that I am about to receive Confidential Materials

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and/or Highly Confidential Materials supplied in connection with the Proceeding

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(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

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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

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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

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may be made regarding any such materials, shall not be Disclosed to anyone except as

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expressly permitted by the Stipulation and Protective Order. I will not copy or use,

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except solely for the purposes of this Proceeding, any Confidential Materials or Highly

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Confidential Materials obtained pursuant to this Stipulation and Protective Order, except

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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

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that all copies of such materials are to remain in my personal custody until termination

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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

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laws of the United States of America that the foregoing is true and correct. Executed

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this

th day of

, 2024.

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Dated:

By:

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Signature

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Title

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Address

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City, State, Zip

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Telephone Number

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STIPULATED PROTECTIVE ORDER