Mercado, et al. v. Sandoval, Inc., et al

Filing 56

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 10/9/09 re 54 . (Duong, D)

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BLANCA A. BAÑUELOS, # 231585 ESMERALDA ZENDEJAS, # 258809 CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 20 N. Sutter Street, Suite 203 Stockton, CA 95202 Telephone: [phone] Facsimile: [phone] MICHAEL L. MEUTER, # 161554 CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 3 Williams Road Salinas, CA 93905 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MOISES MERCADO, et al. Plaintiffs, v. SANDOVAL INC., et al. Defendants. Subject to the approval of this Court, the parties hereby stipulate to the following protective order: 1. Purpose of Order - This Order is entered solely for the purpose of facilitating the CASE NO. 2:08-CV-02648-GEB-EFB STIPULATED PROTECTIVE ORDER

exchange of documents and information between the parties to this action without involving the Court unnecessarily in the process. This Order shall not be deemed to prejudice the parties in any way in any future application for modification of this Order. Nothing in this Order shall be interpreted to predetermine any issue or constitute a waiver of any position concerning whether any item is discoverable. 2. Definition of "Confidential Information" - In connection with discovery

proceedings in this action, the parties may designate any document, thing, material, testimony or other information derived therefrom, as "Confidential" under the terms of this Stipulated Protective Order (hereinafter "Order"). Confidential information is information which has not been made
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public and is defined as proprietary, trade secret or confidential customer, commercial, or financial information about the parties' business and finances, including social security information of third party employees, names of third party employees and pay information of third party employees. By designating a document, thing material, testimony or other information derived therefrom as "confidential," under the terms of this Order, the party making the designation is certifying to the court that there is a good faith basis both in law and in fact for the designation within the meaning of Fed. Rule of Civ. Proc. 26(g). 3. Designation of Confidential Information - Confidential documents shall be so

designated being stamped "CONFIDENTIAL." Stamping "CONFIDENTIAL" on the cover of any multi-page documents shall designate all pages of the document as confidential, unless otherwise indicated by the producing party. 4. Designation of Deposition Testimony - Testimony taken at a deposition, conference,

hearing or trial or other out of court proceeding may be designated confidential by making a statement to that effect on the record at the deposition or other proceeding. Arrangements shall be made with the court reporter taking and transcribing such proceeding to separately bind such portions of the transcript containing information designated as confidential, and to label such portions appropriately. 5. Use of Confidential Information - Material designated as confidential under this

Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential (hereinafter "Confidential Material") shall be used only for the purposes of prosecution, defense, or settlement of this action, and for no other purpose. Nothing herein shall impose any restrictions on the use or disclosure by a party of material obtained by such party independent of discovery in this action, whether or not such material is also obtained through discovery in this action, or from disclosing its own Confidential Material as it deems appropriate. 6. Persons to Whom Confidential Information May be Disclosed - Confidential

Material may be disclosed or made available on to the Court, to counsel for a party (including staff
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employed by such counsel) and to "qualified persons" designated below: a. A party, or an officer, director or employee of a party deemed necessary by counsel to aid in the prosecution, defense or settlement of this action; b. Experts, consultants and advisors (together with their staff) retained by such counsel to assist in the prosecution, defense or settlement of this action; c. d. e. Court reporter(s) employed in this action; A witness at any deposition or other proceeding in this action; and Any other person as to whom the parties in writing agree.

Prior to receiving Confidential Material, each "qualified person" shall be provided with a copy of this Order and shall execute a non-disclosure agreement in the form of Attachment A, a copy of which shall be provided forthwith to counsel for each other party and for the parties. 7. Filing Confidential Material With The Court - Any Confidential Material,

including any portion of If a deposition transcriptparty wishes to submit a document to the Court which has been designated as Confidential, if filed with the Court, will be clearly labeled "Confidential - Subject to Court Order" and filed under seal until further order of this Court. or which contains Confidential information, the submitting party shall move to file such document under seal in accordance with the pre-filing procedures set forth in Local Rules 39-140 and 39-141. No documents shall be sealed without an order of the Court. 8. Admissibility in Court Proceedings - In the event that any Confidential Material

is used in any court proceeding in this action, it shall not lose its confidential status through such use, and the party using such material shall take all reasonable steps to maintain its confidentiality during such use. Parties shall provide advance notice if any Confidential Material is to be admitted in any court proceeding. Nothing contained herein will be construed in any way to affect or to establish the admissibility at trial or other court proceeding of any information covered by this Order. Nothing in this Order shall be construed as a waiver by the parties of any claim, affirmative defense or argument relating to the scope of individual or workforce-wide relief. ////
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9.

Question Whether Information is Confidential - This Order shall be without

prejudice to the right of the parties: a. To bring before the Court at any time the question of whether any particular document or information is confidential or whether its use should be restricted; or b. To present a motion to the Court under Fed. Rule of Civ. Proc. 26(c) for a separate protective order as to any particular document or information, including restrictions differing from those as specified herein. The Parties agree to meet and confer over disputes about whether or not information is Confidential before making such a motion to the Court. 10. Return of Confidential Material or Information - At the conclusion of this action,

all documents and transcripts designated as Confidential, and all copies thereof, will be returned upon request to the person who made the designation. 11. Enforcement - The Court shall retain jurisdiction to resolve any dispute concerning

the use of Confidential Material and may enforce the terms of this Order in any manner authorized by law. Nothing in this Order shall abridge the right of any person to seek judicial review or to pursue other appropriate judicial action with respect to any ruling made concerning the issue of the status of "Confidential" information.

Dated: September 11, 2009

CALIFORNIA RURAL LEGAL ASSISTANCE, INC. /s/ Blanca A. Bañuelos Attorney for Plaintiffs

Dated: September 10, 2009

BARSAMIAN & MOODY /s/ Ronald H. Barsamian Patrick S. Moody Stacy Lucas Attorneys for Marchini Defendants
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Dated: September 10, 2009

SAQUI LAW GROUP /s/ Michael C. Saqui Andrew H. Lee Attorney for Sandoval Defendants

APPROVED AS MODIFIED AND SO ORDERED: Dated: October 9, 2009.

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