Heltsley et al v. Lowe's HIW, Inc.

Filing 10

AGREED ORDER OF PROTECTION signed by Judge John A. Mendez on 3/20/13. (Meuleman, A)

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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]

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Attorneys for Defendants,
LOWE’S HIW, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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JUDY HELTSLEY and
JOHN HELTSLEY,

(Amador County Superior Court Case No.:
12-CV-8065)

Plaintiff,

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CASE NO.: CIV. S-12-2947 JAM EFB

vs.

AGREED ORDER OF PROTECTION

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LOWE’S HIW, INC., and DOES 1
TO 20,
Defendants.

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It appearing to the Court that the Plaintiffs and Defendant are in agreement

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that Lowe’s HIW, Inc. (hereinafter “the Defendant”) possesses proprietary policies

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and procedures, as well as personnel files of present and former employees, that

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include confidential information that may be subject to discovery in the proceedings

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in this matter but which should not be made available to the public generally, this

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Court hereby orders that:

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1.

All documents produced or information disclosed and any other

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documents or records designated as “confidential” by the Defendant shall be

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revealed only to a settlement officer or judge, Plaintiff, counsel of record in this case,

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paralegals and secretarial employees under counsel’s direct supervision, such

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persons as are employed by counsel to act as experts, consultants or investigators in
-1AGREED ORDER OF PROTECTION

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Heltsley v. Lowe’s HIW, Inc.
Case No.: CIV. S-12-2947 JAM EFB

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this action, private court reporters engaged by the parties in their official capacities,

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former and current employees of defendant, the Court and Court personnel, persons

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appearing as deponents or witnesses on behalf of the party who has produced or

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disclosed the confidential information or on whose behalf such confidential

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information has been produced or disclosed. The information considered as

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“confidential” and disclosed only in accord with the terms of this paragraph shall

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include, without limitation, all of the Defendant’s policies and procedures, as well as

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personnel records, including disciplinary records, identity and personal information

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of present and former employees.

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

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2.

Counsel for Plaintiff shall use all documents and information produced

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or disclosed by the Defendant solely for the purposes of preparation for and trial of

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this action. Under no circumstances shall information or materials covered by this

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Protective Order be disclosed to anyone other than Plaintiff’s counsel of record in

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this action, paralegals, secretarial employees under counsel’s direct supervision, and

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such persons employed to act as experts, consultants or investigators in this action,

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private court reports engaged by the parties in their official capacities, former and

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current employees of defendant, the Court and Court personnel, persons appearing as

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deponents or witnesses on behalf of the party who has produced or disclosed the

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confidential information or on whose behalf such confidential information has been

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produced or disclosed. At the conclusion of the proceedings in this action, all

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documents and information subject to this Order, including any copies or extracts or

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summaries thereof, or documents containing information taken therefrom, shall be

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returned to counsel for the Defendant, at defense counsel’s written request.

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3.

Prior to disclosure of any documents designated as “confidential” to

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paralegals or secretarial employees of counsel or Plaintiff, counsel for Plaintiff shall

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require such employees to read this Protective Order and agree to be bound by its

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terms.

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Heltsley v. Lowe’s HIW, Inc.
Case No.: CIV. S-12-2947 JAM EFB

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4.

If counsel for Plaintiff determines that for purposes of this action,

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documents or information produced by the Defendant and designated as

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“confidential” must be revealed to a person employed to act as an expert, consultant

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or investigator in this action, then counsel may reveal the designated documents or

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information to such person, after first complying with the following:

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(a)

Counsel for the Plaintiff shall have the expert, consultant or investigator

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read this Order and shall explain the contents thereof to such expert,

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consultant or investigator.

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(b)

Counsel for the Plaintiff shall require such expert, consultant or

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

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investigator to sign a copy of this protective order that states: “I have

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read and understood the terms of this protective order. I further agree to

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be bound by its terms.” Nothing in this paragraph shall be deemed to

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enlarge the right of Defendant to conduct discovery of any of Plaintiff’s

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expert, consultant or investigator, except solely with respect to the

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ability of such expert, consultant or investigator to protect confidential

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information and documents from re-disclosure.

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5.

In accordance with Local Rule 141, any papers filed with the Court that

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contain information that has been designated as "Confidential" or "Attorneys' Eyes

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Only," shall be accompanied by an application to file the papers or the portion

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thereof containing the designated information under seal; and the application shall be

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directed to the judge to whom the papers are directed. For motions, the parties shall

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file a redacted version of the motion and supporting papers.

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6.

At the conclusion of the proceedings in this action, all documents and

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information subject to this Order, including any copies or extracts or summaries

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thereof, or documents containing information taken therefrom, shall be returned to

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counsel for the Defendant, at defense counsel’s written request.

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Heltsley v. Lowe’s HIW, Inc.
Case No.: CIV. S-12-2947 JAM EFB

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7.

This Order is subject to revocation and modification by Order of the

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Court upon written stipulation of the parties, or upon motion and reasonable notice,

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including opportunity for hearing and presentation of evidence. Nothing in this order

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shall be deemed to preclude the parties from seeking permission of the Court to

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disclose information deemed confidential on the ground that such information is not

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in fact confidential.

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Entered this 20th day of March, 2013.

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/s/ John A. Mendez_______
U. S. District Court Judge

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

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APPROVED FOR ENTRY:

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___/s/__________________________________________
Attorney for Plaintiffs, Judy Heltsley and John Heltsley

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_____/s/________________________________________
Attorney for Defendant Lowe’s HIW, Inc.

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Heltsley v. Lowe’s HIW, Inc.
Case No.: CIV. S-12-2947 JAM EFB