Herron v. Best Buy Co. Inc. et al

Filing 67

PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/27/2014 ORDERING 65 the Court GRANTS the Stipulated Protective Order and hereby ADOPTS the Stipulated Protective Order as the order of this Court. (Reader, L)

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STONEBARGER LAW

A Professional Corporation

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Gene J. Stonebarger, State Bar No. 209461
[e-mail]
Richard D. Lambert, State Bar No. 251148
[e-mail]
Elaine W. Yan, State Bar No. 277961
[e-mail]
STONEBARGER LAW
A Professional Corporation
75 Iron Point Circle, Ste. 145
Folsom, CA 95630
Telephone: [phone]
Facsimile: [phone]
Niall P. McCarthy, State Bar No. 160175
[e-mail]
Anne Marie Murphy, State Bar No. 202540
[e-mail]
Jonathan C. Hsieh, State Bar No. 281700
[e-mail]
COTCHETT, PITRE & MCCARTHY, LLP
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and the Class

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHAD HERRON, individually, on behalf of
himself and all others similarly situated,

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)
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Plaintiffs,
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vs.
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BEST BUY STORES, LP, a Virginia limited )
partnership; BESTBUY.COM, LLC, a Virginia )
limited liability company; TOSHIBA
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AMERICA INFORMATION SYSTEMS, INC., )
a California corporation; and DOES 3-100,
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inclusive
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Defendants.
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)

CASE NO.: 12-CV-02103-GEB-CKD
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER GOVERNING
THE HANDLING OF CONFIDENTIAL
MATERIAL

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60741111.1

STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING THE

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HANDLING OF CONFIDENTIAL MATERIAL

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WHEREAS, plaintiff Chad Herron and defendants Best Buy Stores, LP and Toshiba

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America Information Systems, Inc. (collectively the ―Parties‖), contemplate that the discovery of

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documents and other information in the above-referenced actions (the ―Litigation‖) may involve

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the production of confidential, proprietary, or private information that the producing party may

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reasonably believe in good faith to be protected from public disclosure under applicable law;

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A Professional Corporation

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WHEREAS, the Parties seek to protect against the risk of injury from the public
dissemination of such confidential information; and
WHEREAS, the Parties desire to enter into this confidentiality stipulation to facilitate the
discovery process by protecting against the unauthorized disclosure of confidential materials;

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NOW, THEREFORE, the Parties hereby stipulate and agree, through their undersigned

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counsel, to the following terms and conditions that they contemplate will govern the production of

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information that the producing party reasonably and in good faith deems to be confidential, and

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further stipulate, agree, and request that the Court enter a protective order consistent with the terms

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of this confidentiality stipulation (―Protective Order‖):

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1.

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Definitions.
a.

―Discovery Material‖: documents, electronic data, and any other forms of

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information (regardless of how it is generated, stored or maintained) produced or voluntarily

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exchanged in the Litigation by any Parties or non-Parties, including: any ―writings‖ (as that term is

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defined in Rule 1001 of the Federal Rules of Evidence); all discovery contemplated by Rules 26

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through 36 of the Federal Rules of Civil Procedure, including responses to all written discovery

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requests and demands, deposition testimony and exhibits, however recorded; and any other

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written, recorded, or graphic matters.

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b.

―CONFIDENTIAL‖ Information or Items: Discovery Material that the

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designating party reasonably believes in good faith constitutes, discloses, or relates to processes,

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operations, research, technical, or developmental information, production, marketing, sales,

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60741111.1

STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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financial, or other proprietary data or information of commercial value, or personnel, customer, or

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otherwise personal private data that is protected from public disclosure by a person’s right to

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privacy.

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c.

―HIGHLY CONFIDENTIAL – ATTORNEYS EYES’ ONLY‖

faith constitutes, contains, and/or reflects highly sensitive financial information, business plans,

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business strategy, commercial information, including, for example negotiations, contracts, vendor,

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supply, and other contracts and license agreements, personnel information (including, for

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example, compensation, evaluations, and other employment information) maintained as

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confidential for employee privacy reasons, trade secrets, non-public information including, but not

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Information or Items: Discovery Material that the designating party reasonably believes in good

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A Professional Corporation

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limited to, marketing or sales information, ongoing research and development projects, or other

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information which is likely to cause harm to its competitive position if it becomes known to a party

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other than the disclosing party.

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d.

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―Protected Material‖: any Discovery Material that is designed as

―CONFIDENTIAL‖ or ―HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY‖.

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e.

―Expert‖: a person with specialized knowledge or experience in a matter

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pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert

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witness or as a consultant in this action, (2) is not a past or current employee of a Party or of a

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Party’s competitor, and (3) at the time of retention, is not anticipated to become an employee of a

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Party or of a Party’s competitor.

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2.

Scope. The protections conferred by this Protective Order cover not only Protected

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Material (as defined above), but also (1) any information copied or extracted from Protected

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Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any

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testimony, conversations, or presentations by parties or their counsel that might reveal Protected

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Material. The parties shall meet and confer at the pre-trial conference or other appropriate time to

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discuss procedures for the use of Protected Material at trial.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

3.

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Designations. It shall be the duty of the party producing the Protected Material to

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give notice of the Protected Material designated to be covered by this Protective Order in the

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manner set forth in paragraph 5 below. A party with an interest, other than the producing party, in

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the confidentiality of the material to be produced or already produced because either (a) the

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material contains the party’s trade secrets or other confidential research, development,

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commercial, or personal information, or (b) the material contains information provided to that

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party by a non-party under an agreement with the non-party that the party would maintain the

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confidentiality of the information, may also give notice that the material is Protected Material

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covered by this Protective Order and should be designated in the manner set forth in paragraph 5

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below.

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A Professional Corporation

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4.

Duties. The duty of the party or Parties receiving the Protected Material, and of all

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other persons bound by this Protective Order to maintain the confidentiality of Protected Material

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so designated, shall commence with such notice. Protected Material shall be designated, subject to

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the provisions of this Order, with one of the following designations:

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a.

―Confidential;‖ or

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b.

―Highly Confidential—Attorneys’ Eyes Only.‖

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No person subject to this Protective Order may disclose, in public or private, any Protected Material

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designated by a party or third party other than itself as ―Confidential‖ or ―Highly

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Confidential—Attorneys’ Eyes Only,‖ except as provided for in this Protective Order or as further

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ordered by the Court.
5.

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Designation Procedure. The designation of Discovery Material as ―Confidential‖

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or ―Highly Confidential—Attorneys’ Eyes Only‖ for purposes of this Protective Order shall be

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made in the following manner by the party or non-party seeking protection:

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a.

For documents, exhibits, briefs, memoranda, interrogatory responses,

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responses to requests for production or admissions, or other material (apart from depositions or

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other

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Confidential—Attorneys’ Eyes Only‖ as appropriate, to any such Discovery Material containing

pre-trial

testimony):

by

affixing

the

legend

―Confidential‖

or

―Highly

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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any confidential information at the time such documents are produced or such information is

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disclosed, or as soon thereafter as the party or non-party seeking protection becomes aware of the

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confidential nature of the information or material disclosed and sought to be protected under this

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Protective Order; and

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b.

For depositions or other pre-trial testimony: a party or non-party may

―Confidential‖ or ―Highly Confidential—Attorneys’ Eyes Only‖ by so indicating in said responses

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or on the record at the deposition, and by requesting the preparation of a separate transcript of such

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material. In addition, a party or non-party may designate in writing, within thirty (30) calendar

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

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designate information disclosed during a deposition or in response to written discovery as

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A Professional Corporation

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

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―Confidential‖ or ―Highly Confidential—Attorneys’ Eyes Only.‖

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c.

Any other party may object to any designation made pursuant to the terms

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of this paragraph 5 in writing or on the record. Upon such objection, the Parties shall follow the

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procedures described in paragraph 9 below. After any designation made pursuant to this paragraph

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5, the Protected Material shall be treated as such until the matter is resolved according to the

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procedures described in paragraph 9 below. Counsel for all Parties shall be responsible for

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marking all previously unmarked copies of the Protected Material in their custody, control, or

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possession with that designation.

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6.

Submissions to the Court. Without written permission from the designating

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party or a court order secured after appropriate notice to all interested persons, a Party may not file

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in the public record in this action any paper that contains, summarizes, or reflects any Protected

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Material. A Party that seeks to file under seal any Protected Material must comply with Eastern

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District of California Local Rule 141. Protected Material may only be filed under seal pursuant to

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a court order authorizing the sealing of the specific Protected Material at issue.

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7.

Access to Confidential Material. All Protected Material and information derived

from Protected Material shall be used by the Parties solely in connection with the Litigation and

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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shall not be used or disclosed by the Parties for any other purpose, including but not limited to any

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other litigation, or any other business, competitive, or governmental purposes or function. Such

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Protected Material shall not be disclosed to anyone except as provided herein. Discovery Material

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marked as ―Confidential,‖ including copies or extracts therefrom and compilations and summaries

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thereof, may be disclosed, summarized, described, characterized, or otherwise communicated or

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made available, in whole or in part, only to the following persons:

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a.

The Parties, including their respective directors and officers;

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b.

The in-house and outside counsel of record for the Parties and regular and

and other support staff) of such counsel to whom it is necessary that the information or material be

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temporary employees or employee equivalents (e.g., vendors, paralegals, office clerks, secretaries,

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A Professional Corporation

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shown for the purposes of the Litigation;

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c.

Experts (as defined in paragraph 1(e)) for the purpose of assisting any party

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in the preparation of the case or for the purpose of providing testimony, whether by deposition, any

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pre-trial proceeding, settlement proceedings, or arbitration. Before receiving Protected Material,

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any such Expert shall agree and be subject to the terms of this Protective Order and this Court’s

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jurisdiction for enforceability purposes, and shall execute the acknowledgment attached hereto as

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Exhibit A;

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d.

The Court and its personnel (including court reporters, transcribers, notary

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publics, stenographers, or videographers) to whom disclosure is reasonably necessary for this

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Litigation;

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e.

Copy services or graphics or design services retained by counsel for a party

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for purposes of preparing demonstrative or other exhibits for deposition, pre-trial proceedings,

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arbitration or settlement proceedings, provided such persons are notified of the terms of this

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Protective Order and have executed the acknowledgment attached hereto as Exhibit A.

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f.

Any authors or recipients of the Protected Material;

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g.

During their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the acknowledgment attached hereto as Exhibit A,

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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unless otherwise agreed by the designating party or ordered by the court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal Protected Material must be separately

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bound by the court reporter and may not be disclosed to anyone except as permitted under this

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Protective Order. At the request of any party, any portion of a deposition transcript involving

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Protected Material shall be designated in accordance with paragraph 5 above.

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h.

Non-technical jury or trial consulting services retained by counsel for a

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party, provided such persons are notified of the terms and provided with a copy of this Protective

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Order and have executed the acknowledgment attached hereto as Exhibit A.

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i.

Any other person only upon order of the Court or upon prior written consent

of the party or non-party producing the Protected Material.

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A Professional Corporation

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Executed copies of Exhibit A shall be retained by counsel to the party disclosing the

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Protected Material and shall be made available for inspection by opposing counsel during the

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pendency or after the termination of the Litigation only upon order of the Court for good cause

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shown.

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8.

Access To Confidential - Attorneys’ Eyes Only Material. Discovery Material

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designated ―Highly Confidential—Attorneys’ Eyes Only‖ shall be available only to the categories

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of persons identified in paragraphs 7(b)–(f), (h), and (i), above. Disclosure of Discovery Material

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designated ―Highly Confidential—Attorneys’ Eyes Only‖ to an Expert shall be governed by the

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following additional procedures:

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a.

Unless otherwise ordered by the court or agreed to in writing by the

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designating party, a party that seeks to disclose to an Expert (as defined in this Order) any

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information or item that has been designated ―Highly Confidential—Attorneys’ Eyes Only‖ first

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must make a written request to the designating party that (1) identifies the general categories of

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―Highly Confidential—Attorneys’ Eyes Only‖ information that the receiving party seeks

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permission to disclose to the Expert, (2) sets forth the full name of the Expert and the city and state

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of his or her primary residence, (3) attaches a copy of the Expert’s current resume, (4) identifies

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the Expert’s current employer(s), (5) identifies each person or entity from whom the Expert has

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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received compensation or funding for work in his or her areas of expertise or to whom the expert

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has provided professional services, including in connection with a litigation, at any time during the

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preceding five years, and (6) identifies (by name and number of the case, filing date, and location

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of court) any litigation in connection with which the Expert has offered expert testimony,

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including through a declaration, report, or testimony at a deposition or trial, during the preceding

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five years.

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b.

A party that makes a request and provides the information specified in the

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preceding respective paragraph may disclose the subject Protected Material to the identified

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Expert unless, within 14 days of delivering the request, the party receives a written objection from

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the designating party. Any such objection must set forth in detail the grounds on which it is based.

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c.

A party that receives a timely written objection must meet and confer with

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the designating party (through direct voice to voice dialogue) to try to resolve the matter by

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agreement within seven days of the written objection. If no agreement is reached, the party seeking

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to make the disclosure to the Expert may file a motion seeking permission from the court to do so.

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Any such motion must describe the circumstances with specificity, set forth in detail the reasons

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why the disclosure to the Expert is reasonably necessary, assess the risk of harm that the disclosure

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would entail, and suggest any additional means that could be used to reduce that risk. In addition,

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any such motion must be accompanied by a competent declaration describing the parties’ efforts to

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resolve the matter by agreement (i.e., the extent and the content of the meet and confer discussions)

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and setting forth the reasons advanced by the designating party for its refusal to approve the

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disclosure. In any such proceeding, the party opposing disclosure to the Expert shall bear the

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burden of proving that the risk of harm that the disclosure would entail (under the safeguards

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proposed) outweighs the receiving party’s need to disclose the Protected Material to its Expert.

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9.

Challenging a Designation. If a party receiving Discovery Material that has been

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designated as Protected Material seeks removal of protection for particular items so designated on

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the ground that such protection is not warranted under controlling law, the following procedure

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shall be used:

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60741111.1

STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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a.

The receiving party seeking such removal shall give counsel of record for

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the designating party, notice thereof, in writing by facsimile or email followed by a hard copy sent

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next business day courier, specifying the documents, things, or information for which such

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removal is sought and the reasons for the request (―Removal Request‖). The designating party

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shall have fourteen (14) calendar days after receiving that notification within which to object to the

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removal of protection afforded by this Protective Order (―Objection‖). Any such Objection shall

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be made in writing (by facsimile or email followed by a hard copy sent next business day courier).

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Failure to object within the requisite time limit is deemed a waiver of any claim to protection for

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that specific document, thing, or information under this Protective Order.

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b.

If the Parties (or Parties and third Parties in the event the producing party is

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a third party), cannot informally reach agreement concerning the matter, the receiving party

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seeking to challenge the designation for particular items may move for an appropriate ruling upon

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filing a formal motion from this Court within forty-five (45) calendar days of sending notice under

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paragraph 9 (a). If no motion is made by the party seeking removal of protection, the material shall

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continue to be treated in accordance with the original designation. If a motion is made by the

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receiving party, the material will continue to be treated as protected until the Court rules. The

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designating party shall have the burden of establishing that designation under applicable law.

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Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

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unnecessary expenses and burdens on other parties) may expose the challenging party to sanctions.

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If no motion is made, the Protected Material shall retain its confidential status.

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c.

For purposes of this Litigation or any other action, the failure to challenge a

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designation does not concede the Protected Material does in fact contain or reflect trade secrets or

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proprietary or confidential information. Parties shall not be obligated to challenge the propriety of

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the designation of Protected Material at the time made, and failure to do so shall not preclude a

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subsequent challenge.

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10.

Jurisdiction. All persons who have access to information or Discovery Material

designated ―Confidential‖ acknowledge they are bound by the items of the Protective Order and

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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submit to the jurisdiction of this Court for purposes of interpreting and/or enforcing the Protective

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Order. The Court shall retain jurisdiction to amend, modify, or enforce this Protective Order upon

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stipulation of the Parties to this Litigation, motion by any party, or on its own motion.
11.

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No Prejudice. Entering into, agreeing to, and/or producing or receiving Protected

Material, or otherwise complying with the terms of this Confidentiality Order, shall not:

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a.

Operate as an admission by a party that any particular Discovery Material

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designated as ―Confidential‖ or ―Highly Confidential—Attorneys’ Eyes Only‖ contains or reflects

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trade secrets, proprietary or commercially sensitive information, information that implicates any

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individual’s privacy interests, or any other type of confidential information;

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b.

Operate as an admission by a party that the restrictions and procedures set

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forth herein constitute or do not constitute adequate protection for any particular Discovery

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Material designated as ―Confidential‖ or ―Highly Confidential—Attorneys’ Eyes Only‖;

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c.

Prejudice in any way the right of a party to object to the authenticity or

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admissibility into evidence of any document, testimony, or other evidence subject to the Protective

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Order;

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d.

Court as to whether information or material is subject to the terms of the Protective Order;

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Prejudice in any way the rights of a party to seek a determination by the

e.

Prejudice in any way the rights of a party to petition the Court for a further

protective order relating to any purportedly confidential information;

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f.

Prevent the Parties from agreeing in writing or on the record during a

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deposition or hearing in the Litigation to alter or waive the provisions or protections provided for

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herein with respect to any particular information or material;

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g.

Limit a party’s ability to grant non-Parties access to its own documents

and/or information (provided such information is not derived from any Protected Material);

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h.

Limit any party from introducing Protected Material into evidence at any

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pre-trial proceeding, subject to paragraphs 1(b), (c), 6, 14, and 15, and the designating party’s (or

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designating third party’s) right to seek further protection from the Court;

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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i.

Be deemed to waive any applicable privilege or work product protection, or

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to affect the ability of a party to seek relief for an inadvertent disclosure of material protected by

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privilege or work product protection; and/or

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j.

Prevent a party or third party from objecting to discovery which it believes

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to be improper, including objections based upon the privileged, confidential, or proprietary nature

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of the Protected Material requested, or based on an argument the discovery sought is beyond the

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scope permitted under the Federal Rules of Civil Procedure.

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12.

Use of Party’s Own Confidential Information. The Protective Order shall have

any purpose. Nothing contained herein shall impose any restrictions on the use or disclosure by a

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no effect upon, and shall not apply to, a party’s use or disclosure of its own Protected Material for

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party of documents, information, or Protected Material obtained lawfully by such party

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independently of any proceedings in the Litigation, or which already was known to such party by

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lawful means prior to acquisition from, or disclosure by, the other party in this action; and is or

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becomes publicly known through no fault or act of such party.

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13.

Non-Parties’ Confidentiality Rights.

If Protected Material in the custody,

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control, or possession of a party involves the privacy or confidentiality interests of a non-party, or

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its disclosure would violate a protective order issued in another action, the party with possession or

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control of such information shall attempt to obtain the non-party’s consent to disclosure of the

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information under the terms of the Protective Order unless otherwise ordered by the Court. If the

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consent of the non-party cannot be obtained, the party will notify the other Parties of:

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a.

the existence of the information without producing such information; and

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b.

the identity of the non-party (provided, however, that disclosure of the

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identity of the non-party would not violate any confidentiality obligations).
The party seeking discovery may then make further application to the non-party or seek
other means to obtain such information.
14.

Inadvertent Disclosure of Confidential Information. The failure by a party or a

non-party to designate Discovery Material as Protected Material shall not, by itself, be deemed a

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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waiver in whole or in part of a claim of confidentiality as to such documents or materials. Upon

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written notice to the party or Parties receiving the Discovery Material of such failure to designate,

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or of incorrect designation, the receiving party or Parties shall cooperate to retrieve disseminated

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copies, and restore the confidentiality of the inadvertently disclosed information beyond those

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persons authorized to review such information under paragraphs 7 and 8, and shall thereafter take

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reasonable steps to ensure that the Protected Material is treated in accordance with the designation.

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No person or party shall incur any liability hereunder with respect to disclosure that occurred prior

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to the receipt of written notice of the mistaken designation.

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15.

Inadvertent Disclosure of Privileged Information. If, in connection with the

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Litigation, a producing party inadvertently discloses information subject to a claim of

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attorney-client privilege or attorney-work product protection (―Inadvertently Disclosed

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Information‖), the disclosure of the Inadvertently Disclosed Information will not constitute or be

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deemed a waiver or forfeiture of any claim of privilege or work product protection that the

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producing party would otherwise be entitled to assert with respect to the Inadvertently Disclosed

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Information and its subject matter. If a claim of inadvertent disclosure is made by a producing

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party with respect to Inadvertently Disclosed Information, the receiving party will, within five (5)

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business days, return or destroy all copies of the Inadvertently Disclosed Information and certify

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that all such Inadvertently Disclosed Information has been returned or destroyed.

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16.

Modification of Protective Order. It is the present intention of the Parties that the

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provisions of the Protective Order shall govern discovery and other pre-trial proceedings in the

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Litigation. Nothing herein shall prevent disclosure beyond the terms of this Protective Order if

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counsel for the party that designated as ―Confidential‖ or ―Highly Confidential—Attorneys’ Eyes

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Only‖ any Discovery Material under the terms of paragraphs 3 and 4 above consents in writing or

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on the record to such disclosure. Any consent so given shall not be deemed a waiver of any other

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designation. Each of the Parties hereto shall be entitled to seek modification of the Protective

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Order for good cause by application to the Court on notice to the other Parties hereto.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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17.

Survival and Final Disposition of Protected Material. Final termination of the

and disclosure imposed by the Protective Order. Upon final termination of the litigation by final

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judgment (whether by settlement, trial, or otherwise), including the time for filing and resolution

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of all appeals, or within such other period as the Parties may agree upon, and upon written request

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of the producing party, all Protected Material and copies thereof, including such material in the

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hands of Experts, shall be delivered to counsel of record for the producing party of such material.

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In the absence of any such written request, any Protected Material shall be destroyed within sixty

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(60) calendar days of final termination of the Litigation. In the event of destruction, the producing

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party shall promptly be advised in writing that such Protected Material has been destroyed. Any

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Litigation, including exhaustion of appellate remedies, shall not terminate the limitations on use

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Protected Material filed or lodged with and retained by the Court shall not be subject to the

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provisions of this paragraph 17. Notwithstanding the foregoing, counsel of record may retain

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copies of briefs and other papers filed with the Court, deposition transcripts, discovery responses

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(including documents produced and attorney work product that contains or constitutes Protected

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Material, so long as such briefs and other papers are maintained in accordance with the provisions

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of the Protective Order).

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Use of Protected Material in Court Proceedings. In the event that any Protected

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Material used in any court proceeding in the Litigation or any appeal therefrom, such material shall

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not lose its protected status through such use. Counsel for the Parties shall confer on such

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procedures may be necessary to protect the confidentiality of any documents, information, and

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transcripts used in the course of any court proceedings, and shall incorporate such procedures, as

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appropriate, in the pre-trial order.

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19.

Violation of this Protective Order. In the event any person or entity violates or

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threatens to violate the terms of this Protective Order, the aggrieved party may apply for injunctive

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relief against any such person or entity. If Protected Material is disclosed in violation of this

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Protective Order, any party subject to this order who caused, permitted, or was otherwise

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responsible for the disclosure shall immediately inform the designating party of all pertinent facts

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relating to the disclosure, and shall make reasonable efforts to prevent any further disclosure,

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including any disclosure by any person or entity that received any Protected Material in violation

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of the Protective Order.

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20.

Other Actions. If any party is (a) subpoenaed in another action, (b) served with a

party to this action seeking information or material which was produced or designated as

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―Confidential‖ or ―Highly Confidential—Attorneys’ Eyes Only‖ by someone other than that party,

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the party shall give prompt actual written notice, by hand or facsimile transmission, within ten (10)

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calendar days of receipt of such subpoena, demand, or legal process, to those who produced and/or

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designated the Discovery Material as ―Confidential‖ or ―Highly Confidential—Attorneys’ Eyes

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demand in another action to which it is a party, or (c) served with any legal process by one not a

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A Professional Corporation

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Only‖ prior to compliance with the subpoena so as to allow the producing and/or designating

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Parties to seek protection by the Court(s). Nothing herein shall be construed as requiring the party

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or anyone else covered by this Confidentiality Order to challenge or appeal any order requiring

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production of information or material covered by this Confidentiality Order, or to subject itself to

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any penalties for noncompliance with any legal process or order, or to seek any relief from this

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Court.

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60741111.1

STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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IT IS SO STIPULATED.

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Dated: February 25, 2014

STONEBARGER LAW, APC

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COTCHETT, PITRE & MCCARTHY, LLP

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By: /s/ Richard D. Lambert
Richard D. Lambert
[e-mail]
Anne Marie Murphy
[e-mail]

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Attorneys for the Plaintiff and the Class

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Dated: February 25, 2014

ROBINS, KAPLAN, MILLER & CIRESI L.L.P.

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By: /s/ Michael A. Geibelson
Michael A. Geibelson
[e-mail]

STONEBARGER LAW

A Professional Corporation

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Attorneys for Best Buy Stores, L.P. and
BestBuy.Com, LLC

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Dated: February 25, 2014

MORRISON&FOERSTER LLP

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By: /s/ Penelope E. Preovolos
Penelope E. Preovolos
[e-mail]

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Attorneys for Toshiba America Information
Systems, Inc.

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60741111.1

STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL

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EXHIBIT A

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CONFIDENTIALITY ACKNOWLEDGEMENT

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I, ____________________, state the following:

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1.

I have received a copy of the Protective Order entered in the cases captioned:

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Herron v. Best Buy Co. Inc. et al., Case No. 2:12-cv-02103-GEB-CKD, in the United States

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District Court for the Eastern District of California (the ―Litigation‖).

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2.

I have read and understand the Protective Order and agree to be bound by all of its

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I hereby submit to the jurisdiction of this Court, and to the application of California

terms.

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STONEBARGER LAW

law for the purpose of enforcement of the terms of the Protective Order and of my agreement

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A Professional Corporation

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herein.

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4.

I shall not use or disclose to others, except in accordance with the terms of the

Protective Order, any Protected Materials.

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5.

Upon termination of the Litigation, I will promptly destroy or return all original and

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any copies of Protected Material that came into my possession to the person to supplied me with

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such material. I also will destroy any notes and/or documents that contain references to Protected

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Material, unless it is practicable to permanently delete any and all such references.

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6.

If I fail to comply with the terms of the Protective Order or my agreement herein, I

understand that I may be subject to contempt of court and/or civil damages.

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Dated:
Signature

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Printed name
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ORDER

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Having considered the Parties’ Stipulated Protective Order as outlined above, and for good

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cause shown, the Court GRANTS the Stipulated Protective Order and hereby ADOPTS the

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Stipulated Protective Order as the order of this Court.

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IT IS SO ORDERED.

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DATED: FEBRUARY 27, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STONEBARGER LAW

A Professional Corporation

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FILER'S ATTESTATION

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Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures,

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Richard D. Lambert hereby attests that concurrence in the filing of this document has been

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obtained.

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STONEBARGER LAW

A Professional Corporation

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