Morning Star Packing Company, et al v. SK Foods, et al

Filing 158

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 10/23/13. (Meuleman, A)

1

UNITED STATES DIS
STRICT CO
OURT

2

EAST
TERN DIST
TRICT OF CALIFORN
NIA, SACR
RAMENTO DIVISION
N

3
4
5

M
CKING
THE MORNING STAR PAC
COMP
PANY, et al
l.,
Plaintiff,

6

STIPULAT
TED PROTECTIVE O
ORDER

v.

7
8

CASE NO. 2:09-cv-002
208-KJM-EF
FB

SK FO
OODS, L.P., et al.,
,
Defendants.
D

9
10
11

1.

PU
URPOSES AND LIMIT
A
TATIONS.

12

Disclosure and discovery activity in this action may involv productio of trade se
e
i
n
ve
on
ecrets or

13

other confidential research, de
evelopment, or commerc informat
cial
tion, within the meaning of Fed. R.
g

14

Civ. P. 26(c), or other private or competiti
P
o
ively sensiti informati for whic special pro
ive
ion
ch
otection

15

from public disclo
p
osure and fro use for an purpose o
om
ny
other than pr
rosecuting th litigation would be
his
n

16

warran
nted. Accor
rdingly, the parties hereb stipulate t and petitio the Court to enter the following
p
by
to
on
t
e

17

Stipul
lated Protect Order. The parties acknowledge that this Or
tive
T
a
e
rder does no confer blan
ot
nket

18

protec
ctions on all disclosures or responses to discover and that th protection it affords e
s
ry
he
n
extends only
y

19

to the limited info
ormation or items that are entitled un
i
e
nder the appl
licable legal principles to
o

2
20

confid
dential treatm
ment. The parties further acknowled as set fo in Sectio 10, below that this
dge,
orth
on
w,

2
21

Stipul
lated Protect Order cr
tive
reates no ent
titlement to f confiden
file
ntial informa
ation under s
seal.

2
22

Gener Local Ru 141 sets forth the proc
ral
ule
f
cedures that must be followed and re
t
eflects the st
tandards that

2
23

will be applied wh a party seeks permis
hen
s
ssion from th Court to f material under seal, a is
he
file
and

2
24

hereby incorporated by referen
y
nce.

2
25

2.

DE
EFINITION
NS.

2
26

2.1

fficers, direc
Par any part to this acti including all of its of
rty:
ty
ion
g
ctors, and em
mployees.

2
27

/////

2
28

/////

1

2.2

Tomatoes Acti
ions: refers collectively t (1) Morni Star Pac
c
to
ing
cking Compa et al. v.
any,

2

SK Fo
oods, L.P., et al, No. 09-cv-00208-K
t
KJM-EFB (E .D. Cal.), (2) L’Ottavo R
Ristorante, e al. v.
et

3

Ingom Packing Company, et al., No. 09
mar
e
9-cv-01945-K
KJM-EFB (E Cal.), a (3) Unite States v.
E.D.
and
ed

4

Salyer No. 10-crr,
-00061-LKK
K-DAD (E.D Cal.).
D.

5

2.3

Dis
sclosure or Discovery Material: all i
D
M
items or info
ormation, reg
gardless of th medium
he

6

or man
nner generat stored, or maintaine (including among oth things, do
ted,
o
ed
g,
her
ocuments, te
estimony,

7

transc
cripts, or tang
gible things) that are pro
)
oduced or ge
enerated in d
disclosures or responses t discovery
r
to
y

8

in this matter.
s

9

2.4

Co
onfidential In
nformation or Items: info
o
ormation (re
egardless of h generat stored or
how
ted,
r

10

mainta
ained) or tan
ngible things that qualify for protecti under sta
s
y
ion
andards deve
eloped unde
er

11

Fed.R
R.Civ.P. 26(c
c).

12

2.5

Hig
ghly Confide
ential Inform
mation or Ite
ems: extreme sensitive Confidentia
ely
al

13

Inform
mation or Ite whose disclosure to another Part or non-pa would cr
ems
d
ty
arty
reate a subst
tantial risk of

14

injury that could not be avoide by less re
y
n
ed
estrictive me
eans.

15

2.6

16

Produ
ucing Party.

17

2.7

18

2.8

2.9

Pro
otected Mate
erial: any Disclosure or D
Discovery M
Material that is designate as
ed

“Conf
fidential” or as “Highly Confidential
C
l.”

2
23
2
24

esignating Pa
arty: a Party or non-party that design
y
nates information or item that it
ms
De

produ
uces in disclo
osures or in responses to discovery a “Confiden
r
as
ntial” or “Hig
ghly Confide
ential.”

2
21
2
22

Pro
oducing Part a Party or non-party t
ty:
r
that produce Disclosure or Discove Material
es
e
ery

in this action.
s

19
2
20

Receiving Part a Party th receives D
ty:
hat
Disclosure o Discovery Material fro a
or
y
om

2.10

Ou
utside Couns attorneys along with their parale
sel:
s,
h
egals, and ot
ther support personnel,

who are not emplo
a
oyees of a Pa but who are retained to represen or advise a Party in th action.
arty
o
d
nt
his

2
25

2.11

In House Lega Personnel: attorneys an other pers
al
nd
sonnel empl
loyed by a Party to

2
26

perfor legal func
rm
ctions who are responsib for overs
a
ble
seeing this lit
tigation for t Party.
the

2
27

/////

2
28

/////

2

1

2.12

Co
ounsel (witho qualifier) Outside C
out
):
Counsel and I House Le Personnel (as well
In
egal

2

as their support staffs, including but not li
imited to atto
orneys, para
alegals, secre
etaries, law c
clerks, and

3

invest
tigators).

4

2.13

Expert and/or Consultant: a person wit specialize knowledge or experien in a
C
th
ed
e
nce

5

matter pertinent to the litigatio along wi his or her employees and support personnel, w has
r
o
on,
ith
r
t
who

6

been retained by a Party or its Counsel to serve solely as an exper witness or as a consult in the
r
s
y
rt
tant

7

Tomatoes Actions and not for any other purpose, and who is not c
s
r
p
currently an employee of or

8

consu
ultant to a Par
rty, its Coun or a com
nsel
mpetitor of a Party, nor h been an employee of or
has
f

9

consu
ultant to a Par its Coun or a com
rty,
nsel
mpetitor of a Party within four years of the date o entry of
n
of

10

this Order, and wh at the tim of retentio is not an
O
ho,
me
on,
nticipated to become an e
employee of or
f

11

consu
ultant to a Par its Coun or a com
rty,
nsel
mpetitor of a Party excep to serve as an expert w
pt
s
witness or

12

consu
ultant in the Tomatoes Ac
T
ctions. This definition in
s
ncludes a pr
rofessional ju or trial c
ury
consultant

13

retaine in connec
ed
ction with th litigation.
his
.

14

2.14

Pro
ofessional Vendors: pers
V
sons or entiti that prov litigation support ser
ies
vide
n
rvices (e.g.,

15

photoc
copying; vid
deotaping; tr
ranslating; pr
reparing exh
hibits or dem
monstrations; organizing, storing,
;
,

16

retriev
ving data in any form or medium; etc and their employees and subcont
c.)
r
tractors.

17

3.

18

The protec
ctions confer
rred by this Stipulated Pr
S
rotective Or
rder cover no only Prote
ot
ected

SC
COPE.

19

Mater (as defined above), but also any information copied or ex
rial
b
i
xtracted ther
refrom, as w as all
well

2
20

copies excerpts, summaries, or compilatio thereof, plus testimo
s,
s
o
ons
ony, convers
sations, or pr
resentations

2
21

by Par
rties or Coun in settin that migh reveal Pro
nsel
ngs
ht
otected Mate
erial.

2
22

4.

2
23

The confid
dentiality obligations imp
posed by thi Order shal remain in effect until t
is
ll
the

2
24

DU
URATION.

Designating Party agrees othe
y
erwise in wri
iting or this C
Court orders otherwise.
s

2
25

5.

DE
ESIGNATIN PROTE
NG
ECTED MA
ATERIAL.

2
26

5.1

Ma
anner and Ti
iming of Des
signations. E
Except as ot
therwise provided in this Order (see,
s

2
27

r
se
d
at
for
n
e.g., section 5.1(b), below), or as otherwis stipulated or ordered, material tha qualifies fo protection

2
28

m
rly
nated before the material is disclosed or produce
l
d
ed.
under this Order must be clear so design

3

1

Notwithstanding the preceding sentence, should a Producing Party discover that it produced material

2

that was not designated as Protected Material or that it produced material that was designated as

3

Protected Material but had designated that Protected Material in the incorrect category of Protected

4

Material, the Producing Party may notify all Parties, in writing, of the error and identifying (by bates

5

number or other individually identifiable information) the affected documents and their new

6

designation or re-designation. Thereafter, the material so designated or re-designated will be treated

7

as Protected Material. Promptly after providing such notice, the Producing Party shall provide re-

8

labeled copies of the material to each Receiving Party reflecting the change in designation. The

9

Receiving Party will replace the incorrectly designated material with the newly designated materials

10

and will destroy the incorrectly designated materials.

11

Designation in conformity with this Order requires:

12

(a)

for information in documentary form (apart from transcripts of depositions or

13

other pretrial or trial proceedings), that the Producing Party affix the legend

14

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” on each page that contains protected

15

material.

16

(b)

for testimony given in deposition, that a Party, or a non-party that sponsors,

17

offers, gives, or elicits the testimony, designate any portion of the testimony as

18

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” either on the record before the

19

deposition is concluded, or in writing on or before the later of (i) fourteen days after the final

20

transcript is received or (ii) the date by which any review by the witness and corrections to the

21

transcript are to be completed under Fed. R. Civ. P. 30(e). Only those portions of the

22

testimony that are designated for protection in accordance with the preceding sentence shall

23

be covered by the provisions of this Stipulated Protective Order. The entire testimony shall

24

be deemed to have been designated Highly Confidential until the time within which the

25

transcript may be designated has elapsed. If testimony is not designated within the prescribed

26

time period, then such testimony shall not be deemed Confidential or Highly Confidential

27

except as ordered by the Court.

28

/////

4

1

Tra
anscript page containing Protected M
es
g
Material mu be separa
ust
ately bound b the court
by

2

reporter, who must aff to each su page the legend “CO
w
fix
uch
e
ONFIDENTI
IAL” or “HI
IGHLY

3

CONFIDE
ENTIAL,” as instructed by the Party or nonparty sponsoring offering, giving or
s
b
y
y
g,

4

eliciting th witness’ testimony.
he

5

(c)

for info
ormation pro
oduced in ele
ectronic or v
video format, and for any other
,
y

6

tangible ite
ems, that the Producing Party affix i a promine place on the exterior of the
e
in
ent

7

container or containers in which th informatio or item is stored the l
o
s
he
on
s
legend

8

“CONFID
DENTIAL” or “HIGHLY CONFIDEN
o
Y
ENTIAL.”

9

5.2

Ina
advertent Fai
ilures to Des
signate. If c orrected, an inadvertent failure to de
esignate

10

qualif informat
fied
tion or items as “Confide
s
ential” or “H
Highly Confi
fidential” doe not, stand
es
ding alone,

11

waive the Designa
e
ating Party’s right to sec
s
cure protectio under this Order for s
on
such materia If
al.

12

materi is re-desi
ial
ignated as “C
Confidential” or “Highly Confidential” after the material wa initially
y
as

13

produ
uced, the Rec
ceiving Party upon notif
y,
fication of th designatio must mak reasonable efforts to
he
on
ke
e

14

assure that the ma
e
aterial is trea in accord
ated
dance with t provision of this Or
the
ns
rder.

15

5.3

Inc
creasing the Designation of Informat
n
tion or Items Produced b Other Par
s
by
rties or Non-

16

Parties. A Party may increase the designa
m
e
ation (i.e., ch
hange any D
Disclosure or Discovery M
Material

17

produ
uced without a designatio to a desig
on
gnation of “C
CONFIDENT
TIAL” or “H
HIGHLY

18

CONF
FIDENTIAL or designa any Disclosure or Di
L”
ate
iscovery Mat
aterial produc as
ced

19

“CON
NFIDENTIA to a desig
AL”
gnation of “H
HIGHLY CO
ONFIDENT
TIAL”) of an Discovery Material
ny
y

2
20

produ
uced by any other Party or non-Party provided th said Disco
o
o
hat
overy Mater contains the upward
rial

2
21

Designating Party own Conf
y’s
fidential or Highly Conf
H
fidential Info
ormation. A such incr
Any
rease in the

2
22

design
nation of a document sha be made within 90 da of the da of its prod
d
all
w
ays
ate
duction, unle good
ess

2
23

cause is shown for a later incr
r
rease in the designation.
d

2
24

Increasing a designatio shall be accomplished by providi written n
g
on
a
d
ing
notice to all P
Parties

2
25

identif
fying (by ba number or other indi
ates
o
ividually ide
entifiable inf
formation) th Disclosur or
he
re

2
26

Discovery Materia whose des
al
signation is to be increas
t
sed. Prompt after prov
tly
viding such n
notice, the

2
27

upwar Designatin Party sha provide re
rd
ng
all
e-labeled cop of the m
pies
material to ea Receivin Party
ach
ng

2
28

reflect
ting the chan in design
nge
nation. The Receiving P
Party will rep
place the inc
correctly des
signated

5

1

materi with the newly design
ial
n
nated materi and will destroy the incorrectly designated m
ials
l
materials.

2

Any Party may ob
P
bject to the in
ncreased des
signation of Disclosure o Discovery Materials p
or
y
pursuant to

3

the procedures set forth in par
t
ragraph 6 reg
garding chal
llenging desi
ignations. T upward D
The
Designating

4

Party shall bear th burden of establishing the basis fo the increa
he
f
g
or
ased designat
tion.

5

6.

CH
HALLENGI
ING CONF
FIDENTIAL
LITY DESIG
GNATIONS
S.

6

6.1

Tim
ming of Cha
allenges. A Party does n ot waive its right to chal
P
llenge a confidentiality

7

design
nation by ele
ecting not to mount a cha
allenge prom
mptly after th original d
he
designation is disclosed.

8
9

6.2

Me and Conf
eet
fer. A Party that elects t initiate a c
to
challenge to a Designatin Party’s
ng

confid
dentiality des
signation mu do so in good faith an must beg the proce by notifyi the
ust
g
nd
gin
ess
ing

10

Designating Party in writing, by telephone or in perso of its chal
y
b
e
on
llenge and id
dentify the ch
hallenged

11

materi then con
ial,
nferring direc in voice to voice dia
ctly
alogue (other forms of co
r
ommunicatio are not
on

12

suffici
ient) with co
ounsel for th Designatin Party. Th Parties mu then mee and confer in good
he
ng
he
ust
et
r

13

faith. Each Party must explain the basis for its respec
n
f
ctive position about the p
n
propriety of t
the

14

challe
enged confid
dentiality des
signations. The parties s
T
shall have fo
ourteen (14) days from th initial
he

15

notific
cation of a ch
hallenge to complete thi meet and c
c
is
confer proce
ess.

16

6.3

Jud
dicial Interve
ention. In an judicial p
ny
proceeding c
challenging a confidentia
ality

17

design
nation, the bu
urden of per
rsuasion with respect to t propriety of the conf
h
the
y
fidentiality d
designation

18

shall remain upon the Designa
r
n
ating Party. If the partie are not abl to resolve a dispute ab
es
le
e
bout a

19

confid
dentiality des
signation wi
ithin the time provided in paragraph 6.2, above, the parties s
e
n
shall, within

2
20

fourte (14) days thereafter, prepare and present to th Court (or Special Ma
een
s
he
r
aster if one h been
has

2
21

appoin
nted) a joint filing that id
dentifies the challenged material and sets forth t respectiv positions
d
the
ve

2
22

of the parties abou the propriety of the ch
ut
hallenged confidentiality designation Until the ruling on
y
ns.
e

2
23

the dis
spute becom final, all Receiving Parties shall c
mes
P
continue to a
afford the m
material in qu
uestion the

2
24

level of protection to which it is entitled under the De
o
n
u
esignating Pa
arty’s design
nation. In th event that
he

2
25

the fin ruling is that the chal
nal
llenged mate
erial is not co
onfidential o that its designation sh
or
hould be

2
26

chang the Desig
ged
gnating Party shall repro
y
oduce copies of all mater
s
rials with the designations removed
eir
d

2
27

or cha
anged in acco
ordance with the ruling within thirty (30) days a the expens of the Des
h
w
y
at
se
signating

2
28

Party.

6

1

7.

AC
CCESS TO AND USE OF PROTE
O
ECTED MA
ATERIAL.

2

7.1

Ba Principle A Receiv
asic
es.
ving Party m use Prote
may
ected Materi that is dis
ial
sclosed or

3

produ
uced by a Pro
oducing Part only in connection wit this action for prosecu
ty
th
n
uting, defend
ding, or

4

attemp
pting to settl this action Such Prot
le
n.
tected Mater may be d
rial
disclosed onl to the cate
ly
egories of

5

person and under the conditio describe in this Ord
ns
r
ons
ed
der. When t litigation has been te
the
n
erminated, a

6

Receiv
ving Party must comply with the pro
m
ovisions of s
section 11, b
below (FINA DISPOSI
AL
ITION).

7

Protected Material mu be stored and maintai
M
ust
ined by a Re
eceiving Part at a location and in a
ty

8

secure manner tha ensures tha access is limited to th persons au
e
at
at
l
he
uthorized under this Ord
der. For

9

purposes of this Order, a secu website, or other inter
O
ure
o
rnet-based d
document depository wit adequate
th

10
11

ity,
d
n.
securi shall be deemed a secure location
7.2

Dis
sclosure of “CONFIDEN
“
NTIAL” Info
ormation or Items. Unle otherwise ordered by
ess
e
y

12

the Co or perm
ourt
mitted in writi by the Designating P
ing
D
Party, a Rece
eiving Party may disclos any
se

13

inform
mation or item designated “CONFID
m
DENTIAL” o
only to:

14

(a)

the Rec
ceiving Party Outside C
y’s
Counsel of r
record in this action, as w as
s
well

15

employees of said cou
s
unsel to whom it is reason
m
nably necess
sary to discl
lose the infor
rmation for

16

this litigati
ion;

17

(b)
)

the Part
ties, includin any curre or former officers, directors, and employees
ng
ent
r

18

of Parties to whom dis
t
sclosure is re
easonably ne
ecessary for this litigatio and who h
on
have signed

19

the “Agree
ement To Be Bound by Protective O
e
P
Order” (Exhib A);
bit

2
20

(c)

Experts and/or Con
s
nsultants with respect to each of who (1) disclo
h
om
osure is

2
21

reasonably necessary for this litiga
y
f
ation, and (2 an “Agreem To Be Bound by P
2)
ment
Protective

2
22

Order” (Ex
xhibit A) has been signe
s
ed;

2
23

(d)
)

the Cou and its pe
urt
ersonnel;

2
24

(e)

l
stenogr
raphers, their staffs, and professional vendors to whom discl
r
losure is

2
25

reasonably necessary for this litiga
y
f
ation and wh have sign the “Agre
ho
ned
eement To B Bound by
Be
y

2
26

Protective Order” (Exh
hibit A);

2
27
2
28

(f)

the auth addresse or recip ients of the d
hor,
ees,
document, o any other n
or
natural

person wh would hav likely revi
ho
ve
iewed such d
document du
uring his or h employm as a
her
ment

7

1

result of th substantiv nature of his or her em
he
ve
h
mployment p
position, or w is specifically
who

2

identified in the docum
ment, or who conduct i purported to be specif
ose
is
d
fically identi
ified in the

3

document;
;

4

(g)
)

witness in the act
ses
tion to whom disclosure is reasonabl necessary for this
m
ly
y

5

litigation and who hav signed the “Agreemen To Be Bou by Prote
a
ve
e
nt
und
ective Order
r”

6

(Exhibit A); provided that, Confid
A
dential Inform
mation may be disclosed to a witness during
d

7

their depos
sition, but on if they have executed the “Agree
nly
d
ement to Be Bound by P
Protective

8

Order” (Ex
xhibit A), wh shall be made an ex
hich
e
xhibit to the deposition t
transcript, or have
r

9

agreed on the record to keep the in
o
nformation c
confidential a not to us it for any purpose, or
and
se

10

d
rovided furth that, pag of transcr
her
ges
ribed deposition
have been ordered to do so; and pr

11

t
ns
al
ial
ion
marked
testimony or exhibits to deposition that revea Confidenti Informati must be m

12

ntial” and sep
parately bound by the co reporter and not incl
ourt
luded in the main
“Confiden

13

deposition transcript and exhibit binder, and m not be di
n
a
may
isclosed to a
anyone excep as
pt

14

permitted under this St
u
tipulated Pro
otective Ord
der;

15

(h)
)

particip
pants in a foc group or mock jury w have ag
cus
r
who
greed in writ
ting to keep

16

the inform
mation confid
dential and not to use it f any purpo other tha the focus group,
n
for
ose
an

17

mock jury, or similar exercise, pro
e
ovided that s uch particip
pants shall no be permitt to retain
ot
ted

18

any copies of any Prot
s
tected Mater or to reta any notes of any Prot
rial
ain
s
tected Mater
rial; and

19

(i)

any oth person to whom the D
her
o
Designating Party agrees in writing o on the
s
or

2
20

record, and any other person to wh
d
p
hom the Cou compels a
urt
access to the Confidentia
e
al

2
21

Informatio
on.

2
22

7.3

Dis
sclosure of “HIGHLY CONFIDENT
“
C
TIAL” Infor
rmation or Items. Unless otherwise
s

2
23

ordere by the Co or permi
ed
ourt
itted in writing by the De
esignating P
Party, a Rece
eiving Party may

2
24

disclo any infor
ose
rmation or ite designate “HIGHLY CONFIDE
em
ed
Y
ENTIAL” on to:
nly

2
25

(a)

the Rec
ceiving Party Outside C
y’s
Counsel of r
record in this action, as w as
s
well

2
26

s
unsel to whom it is reason
m
nably necess
sary to discl
lose the infor
rmation for
employees of said cou

2
27

this litigati
ion;

2
28

8

1

(b)
)

Experts and/or Con
s
nsultants with respect to each of who (1) disclo
h
om
osure is

2

reasonably necessary for this litiga
y
f
ation, and (2 an “Agreem To Be Bound by P
2)
ment
Protective

3

Order” (Ex
xhibit A) has been signe
s
ed;

4

(c)

the Cou and its pe
urt
ersonnel;

5

(d)
)

stenogr
raphers, their staffs, and professional vendors to whom discl
r
l
losure is

6

reasonably necessary for this litiga
y
f
ation and wh have sign the “Agre
ho
ned
eement to Be Bound by

7

Protective Order” (Exh
hibit A);

8

(e)

9

the auth addresse or recipi
hor,
ees
ients of the d
document, or any other n
r
natural

person wh would hav likely revi
ho
ve
iewed such d
document du
uring his or h employm as a
her
ment

10

result of th substantiv nature of his or her em
he
ve
h
mployment p
position, or w is specifically
who

11

identified in the docum
ment, or who conduct i purported to be specif
ose
is
d
fically identi
ified in the

12

document;
;

13

(f)

particip
pants in a foc group or mock jury w have ag
cus
r
who
greed in writ
ting to keep

14

the inform
mation confid
dential and not to use it f any purpo other tha the focus group,
n
for
ose
an

15

mock jury, or similar exercise, pro
e
ovided that s uch particip
pants shall no be permitt to retain
ot
ted

16

any copies of any Prot
s
tected Mater or to reta any notes of any Prot
rial
ain
s
tected Mater
rial; and

17

(g)
)

any oth person to whom the D
her
o
Designating Party agrees in writing o on the
s
or

18

record and any other person to wh
d
p
hom the Cour compels a
rt
access to the Highly Con
nfidential

19

Informatio
on.

2
20

7.4

Retention of Ex
xhibit A. Ou
utside Coun for the P
nsel
Party that obt
tains the sign
ned

2
21

“Agre
eements To Be Bound by Protective Order” (Exh
B
y
hibit A), as r
required abo shall reta them for
ove,
ain
r

2
22

one ye following the final te
ear
g
ermination of this action including a appeals, and shall ma them
o
n
any
ake

2
23

availa to other Parties upon good cause shown.
able
n
e

2
24

7.5

Retention of Pr
rotected Mat
terial. Perso who hav been show Protected Material
ons
ve
wn

2
25

pursua to Sectio 7.2(b), (f), or (g), or Section 7.3(e or (f) shall not retain c
ant
on
S
e)
l
copies of suc Protected
ch

2
26

Mater
rial.

2
27

/////

2
28

/////

9

1

8.

2

PR
ROTECTED MATERIA SUBPO
D
AL
OENAED OR ORDERE
R
ED
PR
RODUCED IN OTHER LITIGATION.
R

3

If a Receiv
ving Party is served with a discovery request, su
s
h
y
ubpoena or an order issue in other
n
ed

4

litigat
tion that wou compel disclosure of any informa
uld
d
f
ation or item designated in this acti as
ms
ion

5

“CON
NFIDENTIA or “HIGH
AL”
HLY CONF
FIDENTIAL the Receiv
L,”
ving Party m so notif the
must
fy

6

Designating Party in writing (by fax or el
y,
lectronic ma if possibl along wi a copy of the
ail,
le),
ith
f

7

discov
very request, subpoena or order, as soon as reaso
,
o
s
onably pract
ticable.

8
9

The Receiv
ving Party also must imm
a
mediately in
nform the pa who caused the disco
arty
overy
reques subpoena or order to issue in the other litigati that som or all the m
st,
a
ion
me
material cov
vered by the

10

subpo
oena or order is the subje of this Protective Ord
r
ect
der. In addit
tion, the Rec
ceiving Party must
y

11

delive a copy of this Stipulate Protective Order prom
er
t
ed
mptly to the party in the other action that caused
n
d

12

the dis
scovery requ
uest, subpoen or order to issue.
na
t

13

The purpose of imposi these dut is to aler the interes parties t the existen of this
ing
ties
rt
sted
to
nce

14

Stipul
lated Protect Order an to afford the Designat
tive
nd
t
ting Party in this case an opportunity to try to
n
n
y

15

protec its confide
ct
entiality inter in the co from wh
rest
ourt
hich the disc
covery reque subpoena or order is
est,
a

16

issued The Desig
d.
gnating Party shall bear the burdens and the expe
y
t
enses of seeking protect
tion in that

17

court of its confid
dential or hig
ghly confiden
ntial materia Nothing i these prov
al.
in
visions shou be
uld

18

constr
rued as autho
orizing or en
ncouraging a Receiving P
Party in this action to disobey a lawf directive
ful

19

from another cour
a
rt.

2
20

9.

2
21

If a Receiv
ving Party le
earns that, by inadvertence or otherw
y
wise, it has d
disclosed Pro
otected

UN
NAUTHORI
IZED DISC
CLOSURE O PROTE
OF
ECTED MA
ATERIAL.

2
22

Mater to any pe
rial
erson or in an circumsta
ny
ance not auth
horized unde this Stipu
er
ulated Protec
ctive Order,

2
23

the Re
eceiving Par must imm
rty
mediately (a) notify in wr
)
riting the De
esignating Pa of the u
arty
unauthorized

2
24

disclo
osures, (b) us its best eff
se
fforts to retrie all copie of the Pro
eve
es
otected Material, (c) info the
orm

2
25

person or persons to whom un
n
nauthorized disclosures w
d
were made o all the term of this Or
of
ms
rder, and

2
26

(d) req
quest such person or per
rsons to exec the “Ack
cute
knowledgme and Agre
ent
eement To B Bound”
Be

2
27

that is attached he
s
ereto as Exhi A.
ibit

2
28

/////

10

1

10.

2

Without written permi
w
ission from the Designat
t
ting Party or a court orde secured af
r
er
fter

3

approp
priate notice to all intere
e
ested persons a Party ma not file in the public r
s,
ay
n
record in thi action any
is
y

4

Protec Materia A Party th seeks to file under se any Prote
cted
al.
hat
eal
ected Materi must com
ial
mply with

5

Gener Local Ru 141.
ral
ule

FIL
LING PRO
OTECTED MATERIAL
M
L.

6

11.

FIN
NAL DISPO
OSITION.

7

11.1

Un
nless otherwi ordered or agreed in writing by th Producin Party, with thirty
ise
o
he
ng
hin

8

days after the fina termination of this acti includin any appea each Rec
a
al
n
ion,
ng
als,
ceiving Party must either
y
r

9

destro all Protect Material (except the material des
oy
ted
scribed in se
ection 11.2. b
below) or ret
turn it to the
e

10

Produ
ucing Party. As used in this subdivis
t
sion, “Protec
cted Material includes a copies, ab
l”
all
bstracts,

11

compi
ilations, sum
mmaries or an other form of reprodu
ny
m
ucing or capturing any o the Protect Material.
of
ted

12

Wheth the Prote
her
ected Material is returned or destroye the Rece
d
ed,
eiving Party must submit a written
t

13

certifi
ication to the Producing Party (and, if not the sam person or entity, to th Designati Party) by
e
i
me
he
ing
y

14

the thi
irty-day (30) deadline th (i) identi
)
hat:
ifies (by cate
egory, where appropriate all the Pro
e
e)
otected

15

Mater that was returned and all the Prot
rial
d
tected Mater that was destroyed; a (ii) affir that,
rial
and
rms

16

except for the mat
terial describ in sectio 11.2. belo the Receiving Party h not retai
bed
on
ow,
has
ined any

17

copies abstracts, compilations, summaries or other fo
s,
c
orms of repro
oducing or c
capturing any of the
y

18

Protec Materia
cted
al.

19

11.2

No
othing in this Order requi
s
ires, and this Order shall not be cons
s
strued to req
quire, any

2
20

Couns to produc return or destroy thei own attorn work pro
sel
ce,
ir
ney
oduct, or the work produ of their
e
uct

2
21

co-cou
unsel. Follo
owing the fin termination of this ac
nal
ction Counse shall be en
el
ntitled to reta an
ain

2
22

archiv copy of all pleadings, motion pap
val
a
pers, transcri
ipts, legal m
memoranda, c
corresponden or
nce

2
23

attorney work pro
oduct, even if such mater
f
rials contain Protected M
Material. An such archi copies
ny
ival

2
24

that co
ontain or con
nstitute Protected Materi remain su
ial
ubject to this Protective Order as set forth in
s
t

2
25

Sectio 4 (DURA
on
ATION), abov
ve.

2
26

12.

2
27

If a Party at any time notifies any other Party t
a
n
that it inadve
ertently prod
duced docum
ments,

2
28

INADVERTE
ENTLY PRO
ODUCED D
DOCUMEN
NTS.

testim
mony, inform
mation, and/or things that are protecte from disc
t
ed
closure under the attorney
r
y-client

11

1

privile work pr
ege,
roduct doctri and/or any other app
ine,
a
plicable priv
vilege or imm
munity from disclosure,

2

or the Receiving Party discovers such inad
P
dvertent production, the inadvertent production shall not be

3

deeme a waiver of the applic
ed
o
cable privileg or protect
ge
tion. The Re
eceiving Par shall imm
rty
mediately

4

return all copies of such docum
n
o
ments, testim
mony, inform
mation and/o things to t inadverte
or
the
ently

5

produ
ucing Party and shall not use such ite for any p
a
ems
purpose unti further ord of the Co
il
der
ourt. In all

6

events such return must occur within thre (3) busine days of re
s,
n
r
ee
ess
eceipt of not or discovery of the
tice

7

inadve
ertent production. The return of any discovery i
r
y
item to the in
nadvertently producing P
y
Party shall

8

not in any way pre
eclude the Receiving Par from mo
R
rty
oving the Cou for a ruli that the d
urt
ing
document or
r

9

thing was never pr
w
rivileged.

10

13.

11

Nothing in this Protect Order will bar or oth
n
tive
w
herwise restr an attorn from ren
trict
ney
ndering

AT
TTORNEY RENDERIN ADVIC
NG
CE

12

advice to his or he client with respect to this matter o from relyin upon or g
e
er
h
t
or
ng
generally ref
ferring to

13

“CON
NFIDENTIA or “HIGH
AL”
HLY CONF
FIDENTIAL Disclosure or Discove Material in rendering
L”
e
ery
g

14

such advice; provi
a
ided howeve that in ren
er,
ndering such advice or in otherwise communica
h
n
ating with his
s

15

or her client, the attorney shal not reveal or disclose t specific c
r
a
ll
the
content there if such d
eof
disclosure is

16

not oth
herwise perm
mitted under this Protect Order.
r
tive

17

14.

18

The terms of this Prote
ective Order shall govern in all circu
r
n
umstances ex
xcept for pre
esentations

19

of evidence and ar
rgument in court (e.g., during hearin status co
c
d
ngs,
onferences, a trial). T parties
and
The

2
20

shall meet and con in advan of such proceedings and seek the guidance o the Court as to
m
nfer
nce
p
of

2
21

approp
priate proced
dures to gov
vern such pro
oceedings.

HE
EARINGS AND TRIAL
A
L

2
22

15.

MI
ISCELLAN
NEOUS.

2
23

15.1

Rig to Furthe Relief. Nothing in thi Order abri
ght
er
is
idges the rig of any pe
ght
erson to seek
k

2
24
2
25

its mo
odification by the Court in the future
y
i
e.
15.2

Rig to Assert Other Obje
ght
t
ections. By s
stipulating to the entry o this Protec
o
of
ctive Order

2
26

no Par waives an right it ot
rty
ny
therwise wou have to o
uld
object to dis
sclosing or p
producing an
ny

2
27

inform
mation or item on any ground not add
m
dressed in th Stipulated Protective Order. Sim
his
milarly, no

2
28

12

1

Party waives any right to obje on any gr
r
ect
round to use in evidence of any of th material c
e
he
covered by

2

this Pr
rotective Ord
der.

3

IT IS SO STIPUL
LATED.

4

ED:
r
DATE October 9, 2013

5
6
7
8
9
10

Kachmar
By:
/s/ James K
Dale C. Campbell
.
James K
Kachmar
WEINT
TRAUB TOB CHEDI
BIN
IAK COLEM
MAN
GRODI LAW CO
IN
ORPORATIO
ON
400 Cap
pitol Mall, 1
11th Floor
Sacram
mento, CA 95
5814
Telepho
one: (916) 5
558-6000
Facsimi
ile: (916) 44
46-1611
dcampb
bell@weintra
aub.com
jkachm
mar@weintrau
ub.com
Attorney for Plaintiffs The Mo
eys
orning Star P
Packing
Compan Liberty P
ny,
Packing Com
mpany, LLC, California
,
Fruit & Tomato Kit
tchens, LLC, and The M
C,
Morning Star
Compan
ny

11
12
13

17

By: / Stephen Z
/s/
Zovickian
Stephen Zovickian
n
BINGH
HAM MCCU
UTCHEN, LL
LP
Three E
Embarcadero Center
o
San Fra
ancisco, CA 94111-4067
7
Telepho
one: (415) 3
393-2000
Facsimi
ile: (415) 39
93-2286
Stephen
n.zovickian@
@bingham.com

18

Attorney for Defen
eys
ndant Ingomar Packing Company

14

DATE October 9, 2013
ED:
r

15
16

19
2
20
2
21
2
22
2
23
2
24
2
25

DATE October 18, 2013
ED:
r

By:
/
/s/George A Nicoud III
A.
I
George A. Nicoud I
III
GIBSO DUNN & CRUTCHE LLP
ON
ER,
555 Mi ssion Street, Suite 3000
,
San Fra
ancisco, CA 94105-2933
3
Telepho
one: ( 415) 3
393-8200
Facsimi
ile: (415) 39
93-8306
tnicoud
d@gibsondun
nn.com
Attorney for Defen
eys
ndant Los Ga Tomato Products
atos
o

2
26
2
27
2
28

13

1

DATED: October 18, 2013

2
3
4
5

By:
/s/Miles Ehrlich
Miles Ehrlich
RAMSEY & EHRLICH LLP
803 Hearst Avenue
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant Greg Pruett

6
7
8

DATED: October 18, 2013

9
10
11
12

By:
/s/William Farmer
William Farmer
COLLETTE ERICKSON FARMER &
O’NEILL LLP
235 Pine Street, Suite 1300
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant Stuart Woolf

13
14

18

By:
/s/James P. Mayo
James P. Mayo
SEGAL & KIRBY LLP
770 L. Street, Suite 1440
Sacramento, CA 95814-3396
Telephone: [phone]
Facsimile: [phone]
[e-mail]

19

Attorneys for Defendant Scott Salyer

15

DATED: October 18, 2013

16
17

20
21

IT IS SO ORDERED.

22

DATED: October 23, 2013.

23
24
25
26
27
28

14

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _______________________________ [print full name], of
_________________________________________________ [print or type full address], declare
under penalty of perjury under the laws of the United States of America that I have read in its entirety
and understand the Stipulated Protective Order that was issued by the United States District Court for
the Eastern District of California, Sacramento Division, in the case of The Morning Star Packing
Company, et al. v. SK Foods, et al., Case No. 2:09-cv-00208-KJM-EFB.
I agree to comply with and to be bound by all the terms of this Stipulated Protective Order,
and I understand and acknowledge that failure to so comply could expose me to sanctions and
punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any
information or item that is subject to this Stipulated Protective Order to any person or entity except in
strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the Eastern
District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even
if such enforcement proceedings occur after termination of this action.
Date: ___________________
City and State (or Country) where sworn and signed: _____________________
Printed name: ____________________________
Signature: _______________________________