Musick et al v. Save Mart Supermarkets Inc

Filing 11

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 12/28/2012 ORDERING 9 Stipulation and Protective Order concerning confidential documents produced in discovery is GRANTED. (Waggoner, D)

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ROBERT L. ZALETEL, Bar No. 96262
[e-mail]
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
Telephone: [phone]
Facsimile: 415.399.8490
Attorney for Defendant
SAVE MART SUPERMARKETS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DUSTIN MUSICK and ROBERT
LONSBERRY, on behalf of themselves
and all others similarly situated;,

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Plaintiff,

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Case No. 2:12-CV-02786 KJM-CMK
STIPULATION AND PROTECTIVE
ORDER CONCERNING
CONFIDENTIAL DOCUMENTS
PRODUCED IN DISCOVERY

v.
SAVE MART SUPERMARKETS,
INC.,
Defendant.

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This agreement is entered into by and between the undersigned attorneys

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on behalf of their respective clients, DUSTIN MUSICK and ROBERT LONSBERRY

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and on behalf of all others similarly situated (“Plaintiffs”) and SAVE MART

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SUPERMARKETS (“Defendant”).

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Plaintiff and Defendant (hereinafter “Parties”) have or will request the

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production of certain documents for inspection and copying, and will take depositions

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in conjunction with discovery in this litigation, and

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These documents and depositions could include sensitive, confidential

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and/or proprietary information and records including, but not limited to, employee

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personnel records, employee earnings records, sales figures, training materials,

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP. & PROTECTIVE ORDER RE
CONF. DOCS PRODUCED IN DISC.

Case No. 2:12-CV-02786 KJM-CMK

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employee contact information, and employer manuals and procedures and policy

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manuals (hereinafter “Confidential Material”).

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Prejudice or harm could come to employees and former employees of

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Defendant if their personal and contact information is disclosed to third parties, and

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their rights of privacy under the California and federal constitutions could be

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jeopardized. Defendant could suffer harm to its business and competitive advantage if

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its sales figures, schedules, staffing plans, policies, proprietary training materials, and

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other confidential business information were disclosed to its competitors.

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protective order is necessary to protect the interests of Plaintiffs and Defendant against

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dissemination of confidential and proprietary information.

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Copies of Confidential Material, including portions of depositions and

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deposition transcripts and exhibits, will be marked “Confidential” on the document, or

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on the record at the deposition.

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Confidential documents and/or depositions, and deposition transcripts

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and exhibits, all copies thereof, and any summaries, charts or notes made therefrom,

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and any facts or information contained therein or derived therefrom, shall be disclosed

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only to the Court and/or to: (a) the parties; (b) counsel for the parties hereto and their

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agents, employees, paralegals, or other secretarial and clerical employees or agents;

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(c) experts or consultants retained by one or more of the parties to this action or their

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counsel, to assist in preparation of this action for trial; (d) deponents and their counsel;

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(e) stenographic reporters and videographers who are involved in depositions, the trial

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or any hearings or proceedings before the Court in this action; and (f) witnesses at the

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trial of this action.

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No person authorized hereunder to view copies of Confidential Material,

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or to make notes therefrom, may disclose any portion of the subject matter or contents

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of either to any person not authorized hereunder.

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witnesses shown Confidential Material must sign the attached acknowledgement

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agreeing to be bound by this Order.

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP. & PROTECTIVE ORDER RE
CONF. DOCS. PRODUCED IN DISC.

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Experts and consultants and

Case No. 2:12-CV-02786 KJM-CMK

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The Confidential Material, copies of any portion of the Confidential

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Material itself, and all notes arising from examination of said Confidential Material, as

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well as discussions of the contents therein, shall be used only in connection with the

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instant case, and shall not be used in connection with any other lawsuit or for any

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other purpose whatsoever, unless such Confidential Material is independently

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discovery in another proceeding. Within 180 days following the conclusion of this

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action, including appeals, if any, the parties and their counsel, upon written request of

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the other party, shall destroy or return all Confidential Materials and provide notice to

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the other parties’ attorneys of record.

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This Protective Order is without prejudice to reconsideration by the Court
as discovery continues.

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The Parties may request that Confidential Material be filed under seal.

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However, any such request shall be subject to approval by the Court, for “compelling

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reasons,” upon noticed motion, pursuant to Local Rule 141, under the standards set

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forth in Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006).

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Any Party may move the Court for relief from, or modification of, this

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order at any time, and each Party reserves the right to contend in any such motion that

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documents produced by another Party and information contained therein are not

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confidential. This stipulation does not constitute an admission as to the admissibility

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of any Confidential Material at trial.

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In the event any third parties serve a subpoena or document request in

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other litigation to a party holding Confidential Material in this case, the party subject

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to the subpoena or document request will promptly notify the other party that

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produced the Confidential Material to allow that party to file objections or otherwise

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attempt to prevent disclosure of the Confidential Material to the third party, and will

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not produce the Confidential Material to the third party until legally required to do so.

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The Parties agree to act in good faith in designating Confidential Material

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and agree not to use this Stipulation for any purpose other than as stated herein. The

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP. & PROTECTIVE ORDER RE
CONF. DOCS. PRODUCED IN DISC.

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Case No. 2:12-CV-02786 KJM-CMK

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parties agree to make a good faith determination that any information designated

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“confidential” truly warrants protection under Rule 26(c) of the Federal Rules of Civil

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Procedure. Designations of material as “Confidential” must be narrowly tailored to

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include only materials for which there is good cause.

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DATED: December 6, 2012

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/s/ R. L. Zaletel
ROBERT L. ZALETEL
LITTLER MENDELSON, P.C.

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Attorneys for Defendant
SAVE MART SUPERMARKETS

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DATED: December 6, 2012

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/s/ Robert W. Mills
ROBERT W. MILLS
THE MILLS LAW FIRM

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Attorneys for Plaintiffs
DUSTIN MUSICK and ROBERT
LONSBERRY

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP. & PROTECTIVE ORDER RE
CONF. DOCS. PRODUCED IN DISC.

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Case No. 2:12-CV-02786 KJM-CMK

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ORDER

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For good cause appearing, it is SO ORDERED.

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Date: 12/28/2012

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_____________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

Firmwide:116765898.1 061792.1016

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP. & PROTECTIVE ORDER RE
CONF. DOCS. PRODUCED IN DISC.

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Case No. 2:12-CV-02786 KJM-CMK