Hicks v. Lowe's HIW, Inc.

Filing 12

PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 11/22/2013. (Zignago, K.)

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CHARLES D. MAY, ESQ.; STATE BAR NO.: 129663
GENE B. SHARAGA, ESQ.; STATE BAR NO.: 131661
THARPE & HOWELL, LLP
15250 Ventura Blvd,, Ninth Floor
Sherman Oaks, California 91403
[phone]; [phone] fax
E-Mail: [e-mail]
E-Mail: [e-mail]
Attorneys for Defendants, LOWE’S HIW, INC.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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CARDTE HICKS,

CASE NO.: 2:12-CV-01883-KJM-KJN

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Plaintiff,
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v.
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LOWE’S HOME IMPROVEMENT
WAREHOUSE OF PORTERVILLE
15 and DOES 1 to 100, inclusive,

(Yolo County Superior Court Case No.:
PO12-585)
[PROPOSED] MODIFIED ORDER OF
PROTECTION

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Defendants.

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Upon consideration of the Parties’ Stipulation for Protective Order and finding
good cause thereon, the Court rules as follows:
1. Defendant’s proprietary policies and procedures, personnel files of present

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and former employees, incident reports, and other documents produced or

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information disclosed designated as “CONFIDENTIAL” by the Defendant,

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including, without limitation, information relating to the processes,

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operations, type of work, or apparatus, or the production, sales, shipments,

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transfers, identification of customers, inventories, amount or source of

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income, profits, losses, expenditures, or any research, development, or any

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other commercial information supplied by the Defendant in response to

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Plaintiff’s discovery requests, are hereby protected by this Order.

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-1HICKS v. LOWE’S HIW, INC.
Case No.: 2:12-CV-01883-KJM-KJN

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2. The disclosure of any of the foregoing categories of information and/or

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documentation protected by this Order, including confidential business and

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financial information identified above, will have the effect of causing harm

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to the competitive and financial position of the person, firm, partnership,

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corporation, or to the organization from which the information was

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obtained. Unprotected disclosure of any of the above identified

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confidential information may further expose Defendant to unwarranted

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annoyance, embarrassment, and/or oppression.

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3. A formal order of protection of the foregoing categories of information is

THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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necessary to ensure the protection of Defendant’s sensitive, proprietary,

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and confidential information and to allow Defendant to seek proper remedy

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from the Court should this Order be violated.

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4. The terms of the Stipulation for Protective Order and this Order of

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Protection shall govern the handling and disclosure of confidential

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documents, things, and information produced in this action.

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With the alterations described in the paragraphs below, the parties’ Stipulation

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for Protective Order is approved, with the understanding that it governs relations

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between the parties and the discovery phase of litigation, and does not predetermine

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any issues related to the sealing or redaction or retention of documents filed with or

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otherwise presented to the court. See Local Rules 140, 141.

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5. The undersigned clarifies that the parties’ Stipulation for Protective Order

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does not bind the court to file confidential documents under seal or with

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redactions. For instance, should the parties wish to file certain confidential

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documents under seal as part of a motion or otherwise, the parties must

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comply with Local Rule 141.

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6. The undersigned also clarifies that the court will not retain jurisdiction to
enforce the Stipulation for Protective Order after the termination of this

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-2HICKS v. LOWE’S HIW, INC.
Case No.: 2:12-CV-01883-KJM-KJN

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case, although the Stipulation for Protective Order may be enforced as a

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contract between the parties after the termination of this case.

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IT IS SO ORDERED.
Dated: November 22, 2013

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THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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-3HICKS v. LOWE’S HIW, INC.
Case No.: 2:12-CV-01883-KJM-KJN