Equal Employment Opportunity Commission v. Placer ARC

Filing 66

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 12/15/2014 re: non-disclosure agreement to govern production of expert witness's testing materials and protocols. (Donati, J)

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WILLIAM R. TAMAYO, SBN 084965 (CA)
MARCIA L. MITCHELL, SBN 18122 (WA)
DEBRA A. SMITH, SBN 147863 (CA)
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Francisco District Office
450 Golden Gate Ave, 5th Fl. West
San Francisco, CA 94102
Telephone No. [phone]
Fax No. [phone]
[e-mail]
Attorneys for Plaintiff EEOC
ROBERT L. REDIGER, ESQ. (CA Bar No. 109392)
LAURA C. MCHUGH, ESQ. (CA Bar No. 180930)
CANDICE K. REDIGER, ESQ. (CA Bar No. 287146)
REDIGER, McHUGH & OWENSBY, LLP
555 Capitol Mall, Suite 1240
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
PLACER ARC

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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Case No.: 2:13-cv-0577-KJM-EFB

U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,

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Plaintiff,

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JOINT STIPULATION FOR
PROTECTIVE ORDER AND NONDISCLOSURE AGREEMENT TO
GOVERN PRODUCTION OF EXPERT
WITNESS’S TESTING MATERIALS
AND PROTOCOLS PURSUANT TO FED.
R. CIV. P. 26(c) AND LOCAL RULE 143

vs.
PLACER ARC d/b/a PLACER ADVOCACY
RESOURCES & CHOICES,
Defendant.

The Honorable Kimberly J. Mueller

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Magistrate Judge Edmund F. Brennan

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Whereas Defendant Placer ARC noticed Plaintiff’s expert witness, Dr. Shana Williams, for

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deposition on December 15, 2014, and attached a request for production of documents pursuant to

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Federal Rule of Civil Procedure 34,

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Whereas Defendant has requested that Plaintiff EEOC produce from Dr. Williams all

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documents that comprise the one or more Comprehensive Test of Nonverbal Intelligence (CTONI-

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2), Wechsler Individual Achievement Test(s) (WIAT-II), and Validity Indicator Profile(s) (VIP) and

JOINT STIPULATION FOR PROTECTIVE ORDER AND
NON-DISCLOSURE AGREEMENT

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Case No. 2:13-cv-00577-KJM-EFB

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all documents that comprise or reflect the ratings or scores (together “testing materials and

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protocols”) given to Homeyra Kazerounian in regard to these tests,

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Whereas Defendant seeks to obtain Dr. Williams’ psychological test materials and protocols

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used within the industry to evaluate the opinions she will attest to during a trial on the merits of this

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action and Dr. Williams has relied upon these test materials and protocols in reaching her opinions,

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Whereas Dr. Williams is a psychologist who has ethical obligations pursuant to the American

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Psychological Association (APA) Ethics Code, Standard 9, to protect the integrity and security of

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psychological test materials and protocols used within the industry, consistent with the law and her

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contractual obligations, and

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Whereas Dr. Williams has objected to producing psychological testing materials and

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protocols used within the industry, citing her ethical and contractual obligations under the APA to

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protect the integrity of these documents, and has informed Plaintiff EEOC that she will not produce

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these documents absent a court order or protective order,

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IT IS HEREBY STIPULATED by and between the undersigned counsel that, pursuant to

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Rule 26(c) of the Federal Rules of Civil Procedure and Local Rule 143 of the Eastern District of

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California, this Court approve the following Protective Order and Non-Disclosure Agreement which

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shall govern the production of Dr. Williams’ testing materials and protocols to Defendant:

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1.

Defendant and counsel agree that they will treat Dr. Williams’ testing materials and

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protocols as confidential materials “for attorneys’ eyes only,” and Defendant’s counsel

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agrees that it will not disclose, distribute, disseminate or communicate the content of Dr.

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Williams’ testing materials or protocols in any manner to anyone other than Defendant’s

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counsel and its paralegals, assistants or other such personnel working under its

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supervision, or to a licensed psychologist retained to assist Defendant in the preparation

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and trial of this litigation who, in good faith, it determines needs to view such proprietary

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confidential materials for purposes of this litigation.

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2. Defendant and counsel agree that they will utilize the test materials exclusively for

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purposes of this litigation.
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JOINT STIPULATION FOR PROTECTIVE ORDER AND
NON-DISCLOSURE AGREEMENT

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Case No. 2:13-cv-00577-KJM-EFB

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3. The information subject to this order shall be marked “Confidential” and is protected

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from disclosure to the public regardless of whether it is conveyed by or contained in a

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document produced, stated in answer to an interrogatory or request for admission,

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disclosed in an oral deposition by a party or a non-party in the course of discovery in this

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proceeding, or disclosed pursuant to a voluntary agreement among counsel.

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4. All persons reviewing or receiving copies of confidential documents are enjoined from

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disclosing the contents thereof to any other person other than for the prosecution or

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defense of this action, except in conformity of this Protective Order, and hereby agree to

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subject themselves to the jurisdiction of the Court for the purpose of any proceeding

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relating to the performance under, compliance with, or violation of this Protective order.

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5. Defendant and counsel agree that within 30 days after receipt of written notice of the

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final disposition of this lawsuit, whether by judgment and exhaustion of all appeals, or by

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settlement, they will return all of Dr. Williams’ confidential testing materials and

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protocols to her without retaining any copies of same.

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6. In the event that either party wishes to file with the court materials marked “Confidential”

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subject to this Protective Order, as an exhibit to a pleading or otherwise, the party shall

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first seek an order to file under seal pursuant to Local Rule 141. Any motion for a

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sealing order shall be directed to Judge Mueller. The Request to Seal Documents shall

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refer to this Stipulation and Protective Order.

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EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

REDIGER, McHUGH & OWENSBY, LLP

/s/ Debra A. Smith_________________
DEBRA A. SMITH
Attorney for Plaintiff

_/s/ _Robert L. Rediger_________________
ROBERT L. REDIGER
Attorney for Defendant Placer ARC

DATED: December 15, 2014.

DATED: December 15, 2014.

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As modified above, IT IS SO ORDERED.
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DATED: December 15, 2014.

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JOINT STIPULATION FOR PROTECTIVE ORDER AND
NON-DISCLOSURE AGREEMENT

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Case No. 2:13-cv-00577-KJM-EFB