Albee v. Continental Tire North America, et al.

Filing 62

PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 1/29/2010 re 60 ORDERING that the foregoing stipulated protective order is approved as modified. Ford Motor Company's 45 Motion for a Protective Order is deemed withdrawn and the February 3, 2010 hearing on that motion is vacated.(Duong, D)

1 2 3 4 5 6 7 8 9 10 11 12
LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 [phone]

Robert J. Gibson (#144974) Email: [e-mail] Alina Amarkarian (#245470) Email: [e-mail] SNELL & WILMER L.L.P. 600 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626-7689 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant FORD MOTOR COMPANY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DONALD HAYES ALBEE, Plaintiff, v. CONTINENTAL TIRE NORTH AMERICA, INC., An Ohio Corporation, and FORD MOTOR COMPANY, INC. a Delaware Corporation, Defendants. CASE NO. 2:09-CV-01145-LKK-EFB Honorable Lawrence K. Karlton Courtroom No. 4 STIPULATED PROTECTIVE ORDER; ORDER DATE OF FILING: January 12, 2009 TRIAL DATE: January 11, 2011

Snell & Wilmer L.L.P.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

In order to preserve and maintain the confidentiality of certain confidential, commercially sensitive and proprietary documents to be produced by FORD MOTOR COMPANY ("Ford") in this action, it is ordered that: 1. Documents to be produced by Ford or Plaintiff in this litigation which contain confidential information shall hereafter be referred to as "Protected Documents." Any document or any information designated as "Subject to Protective Order," or other similar language in accordance with the provisions of this Order, shown or disclosed as provided in this Order. ///
11111401

PLAINTIFF AND FORD MOTOR COMPANY'S STIPULATED PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12
LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 [phone]

2.

As used in this Order, the term "documents" means all written

material, videotapes and all other tangible items, produced in whatever format (e.g., hard copy, electronic, digital, etc.) and on whatever media (e.g., hard copy, videotape, computer diskette, CD-ROM, DVD, hard drive or otherwise). 3. The burden of proving that a Protected Document contains commercially sensitive, proprietary, and/or confidential information is on the party producing the document. Prior to designating any material as "Protected," the producing party must make a bona fide determination that the material is, in fact, a trade secret, confidential technical information or other commercially sensitive information, the dissemination of which would damage the party's competitive position. If a party disagrees with the "Protected" designation of any document, the party will so notify the producing party in writing. If the parties are unable to agree, within 30 days of receiving such notice, the producing party will then apply to this Court to set a hearing for the purpose of establishing that said document is protected. Any document so marked as "Protected" will continue to be treated as such pending determination by the Court as to its confidential status. 4. The designation of Protected Documents may be made by marking or placing the notice "Subject to Protective Order" or substantially similar notice, on the document, or, where a copy of the original document is to be produced, on that copy in a location that does not cover or mark over any textual material if possible. 5. Protected Documents and any copies thereof received pursuant to paragraph 6 below shall be maintained confidential by the receiving party, his/her attorney, other representatives, and expert witnesses, and shall be used only for preparation for the trial of this matter, subject to the qualifications set forth herein. 6. Protected Documents shall be disclosed only to "Qualified Persons." a. b.
11111401

Snell & Wilmer L.L.P.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Qualified Persons are limited to: Counsel of Record for the parties, and the parties; Employees of Counsel of Record involved in the preparation
2
PLAINTIFF AND FORD MOTOR COMPANY'S STIPULATED PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12
LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 [phone]

and trial of this action; c. Experts and non-attorney consultants retained by the parties for the preparation or trial of this case, provided that no disclosure shall be made to any expert or consultant who is employed by a competitor of Ford; d. e. The Court, the Court's staff, witnesses, and the jury in this case; and Attorneys representing Plaintiffs, and the experts and nonattorney consultants retained by such attorneys, in other cases either pending or being investigated against Ford involving a UN105 or UN150 Ford Explorer, or a P207 Ford Explorer Sport Trac involving the same allegations asserted in this case, provided that no disclosure shall be made to any expert or consultant who is employed by a competitor of Ford. 7. Plaintiffs' Counsel must make reasonable efforts to insure the individuals described in paragraphs 6(b), 6(c) and 6(e) above are "Qualified Persons" and must provide to Ford advance notice of the names of such "Qualified Persons" with whom the Protected Documents will be shared. 8. Before receiving access to any Protected Document or the information contained therein, each person described in paragraphs 6(b), 6(c) and 6(e) above shall execute a "Written Assurance" in the form contained in Exhibit A, attached hereto. Counsel for Plaintiff/Plaintiffs shall retain each such executed "Written Assurance" and shall keep a list identifying (a) all persons all persons described in paragraphs 6(b), 6(c) and 6(e) above to whom Protected Documents have been disclosed, and (b) all Protected Documents disclosed to such persons. Each such executed written assurance and list shall be submitted to counsel for Ford within thirty (30) days of the disclosure of Protected Documents under this Order and at the termination of this litigation.
11111401

Snell & Wilmer L.L.P.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3

PLAINTIFF AND FORD MOTOR COMPANY'S STIPULATED PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12
LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 [phone]

9.

As the Protected Documents may only be distributed to "Qualified

Persons," Plaintiff's Counsel, Defendants' Counsel, and all persons described in paragraph 6 above, may not post Protected Documents on any website or internet accessible document repository. 10. To the extent that Protected Documents or information obtained therefrom are used in the taking of depositions and/or used as exhibits at trial, or to the extent that deposition testimony is otherwise marked "confidential", such documents, information and/or testimony shall remain subject to the provisions of this Order, along with the transcript pages of the deposition testimony and/or trial testimony dealing with the Protected Documents, information and/or testimony. The use of Protected Documents or information at trial, and the protection of any trial testimony, shall be subject to any applicable Local Rules, the Final Pretrial Conference Order, and further rulings or orders of this Court. 11. All documents that are filed with the Court that contain any portion of any Protected Document or information taken from any Protected Document shall be filed with the Court under seal pursuant only to court order and in accordance with the procedures set forth in Eastern District of California Local Rules 140 and 141. 12. Any court reporter or transcriber who reports or transcribes any pretrial testimony in this action shall agree that all "confidential" information designated as such under this Order shall remain "confidential" and shall not be disclosed by them, except pursuant to the terms of this Order, and that any notes or transcriptions of such testimony (and any accompanying exhibits) will be retained by the reporter or delivered to counsel of record. 13. Inadvertent or unintentional production of documents or information containing information which should have been designated as "confidential" shall not be deemed a waiver in whole or in part of the party's claims of confidentiality. 14.
11111401

Snell & Wilmer L.L.P.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

This Protective Order may not be waived, modified, abandoned or
4
PLAINTIFF AND FORD MOTOR COMPANY'S STIPULATED PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12
LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 [phone]

terminated, in whole or part, except by an instrument in writing signed by the parties. If any provision of this Protective Order shall be held invalid for any reason whatsoever, the remaining provisions shall not be affected thereby. 15. After termination of this litigation, the provisions of this Order shall continue to be binding. This Court retains and shall have jurisdiction over the parties and recipients of the Protected Documents for enforcement of the provisions of this Order following termination of this litigation. 16. This Protective Order shall be binding upon the parties hereto, upon their attorneys, and upon the parties' and their attorneys' successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control. 17. All persons described in paragraph 6 above shall not under any circumstance sell, offer for sale, advertise, or publicize either the Protected Documents and the Confidential information contained therein or the fact that such persons have obtained Ford's Protected Documents and Confidential information. /// /// /// /// /// /// /// /// /// /// /// ///
11111401

Snell & Wilmer L.L.P.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

5

PLAINTIFF AND FORD MOTOR COMPANY'S STIPULATED PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12
LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 [phone]

18.

To the extent Ford is requested to produce documents it feels should

not be subject to the sharing provisions of this protective order, Ford does not waive its right to subsequently request that the parties enter into a non-sharing protective order prior to the production of any such documents nor do Plaintiffs waive their rights to petition the Court for a sharing protective order.

Dated: January __, 2010

SNELL & WILMER L.L.P.
signature on original

By:

Snell & Wilmer L.L.P.

Robert J. Gibson, Esq. Alina Amarkarian, Esq. Attorneys for Defendant FORD MOTOR COMPANY Dated: January __, 2010 PEREZ, WILLIAMS & MEDINA
signature on original

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
11111401

By:

Robert Gray Williams, Esq. Attorney for Plaintiff DONALD HAYES ALBEE Dated: January 14, 2010 W. RANDOLPH BARNHART, PC
signature on original

By:

W. Randolph Barnhart, Esq. Attorneys for Plaintiff DONALD HAYES ALBEE

6

PLAINTIFF AND FORD MOTOR COMPANY'S STIPULATED PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12
LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 [phone]

EXHIBIT A

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DONALD HAYES ALBEE, Plaintiff, v. CONTINENTAL TIRE NORTH AMERICA, INC., An Ohio Corporation, and FORD MOTOR COMPANY, INC. a Delaware Corporation, Defendants. CASE NO. 2:09-CV-01145-LKK-EFB Honorable Lawrence K. Karlton Courtroom No. 4 WRITTEN ASSURANCE ON STIPULATED SHARING PROTECTIVE ORDER FOR DOCUMENTS PRODUCED BY FORD MOTOR COMPANY DATE OF FILING: January 12, 2009 TRIAL DATE: January 11, 2011

Snell & Wilmer L.L.P.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

AFFIDAVIT OF

being duly sworn and

personally appearing before the undersigned attesting officer, duly authorized by law to administer oaths, deposes and says that the within statements are true and correct: 1. I have read the Stipulated Protective Order attached hereto and I understand its terms and meanings. 2. I agree that my signature below submits me to the jurisdiction of the United
11111401

7

PLAINTIFF AND FORD MOTOR COMPANY'S STIPULATED PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12
LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 [phone]

States District Court, Eastern District of California in which the action of Donald Hayes Albee v. Continental Tire North America, Inc., et al., Case No. 2:09-CV01145-LKK-EFB, is pending, and binds me to the provisions of the Stipulated Protective Order, including to all promises undertaken in the Order, as if originally agreed by me. Further Affiant sayeth not. This day of , 2010.

______________________________________ AFFIANT SUBSCRIBED AND SWORN to before me this _____ day of ___________, 2010. __________________________________ NOTARY PUBLIC My Commission Expires:

Snell & Wilmer L.L.P.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

11111401

8

PLAINTIFF AND FORD MOTOR COMPANY'S STIPULATED PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12
LAW OFFICES 600 Anton Boulevard, Suite 1400 Costa Mesa, California 92626-7689 [phone]

ORDER The foregoing stipulated protective order is approved as modified. Ford Motor Company's Motion for a Protective Order, Dckt. No. 45, is deemed withdrawn and the February 3, 2010 hearing on that motion is vacated. SO ORDERED.

Dated: January 29, 2010 Hon. Edmund F. Brennan United States Magistrate Judge

Snell & Wilmer L.L.P.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
11111401

1