Samuels v. Owens-Brockway Glass Container Inc.

Filing 25

STIPULATION AND PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 9/18/14. (Kaminski, H)

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1 2 3 4 5 SCHIFF HARDIN LLP Stephen M. Hankins (CSB # 154886) Sarah D. Youngblood (CSB # 244304) One Market, Spear Street Tower Thirty-Second Floor San Francisco, CA 94105 Telephone: (415) 901-8700 Facsimile: (415) 901-8701 6 7 Attorneys for Defendant OWENS-BROCKWAY GLASS CONTAINER INC. 8 11 SANDRA J. COHEN, CA SB# 85045 300 South First Street, Suite 320 San Jose CA 95113 408-975-0545 e-mail: 12 Attorney for Plaintiff ELIZABETH SAMUELS 9 10 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 ELIZABETH SAMUELS, No. 2:13-cv-00713-GEB-DAD Plaintiff, 18 19 v. 20 OWENS-BROCKWAY GLASS CONTAINER INC. and DOES 1 through V, 21 STIPULATION AND PROTECTIVE ORDER RE SITE INSPECTION Defendant. 22 23 This Stipulation and Protective Order (“Order”) shall pertain to the site inspection of 24 25 defendant Owens-Brockway Glass Container Inc.’s (“Owens”) bottle manufacturing plant located 26 at 14700 W. Schulte Rd., Tracy, California 95377 (the “Tracy plant”) which is scheduled to take 27 place on September 22, 2014 from 11:00 a.m. to 12:00 p.m. (the “Inspection”). 28 /// S CHIFF H ARDIN LLP ATTO RNEY S AT LAW SAN FRA NCI S CO -1- CASE NO. 2:13-cv-00713-GEB-DAD [PROPOSED] STIPULATED PROTECTIVE ORDER RE SITE INSPECTION 1 2 1. Scope a. Counsel for Plaintiff Elizabeth Samuels has requested an inspection of 3 certain non-public areas of Owens’s Tracy Plant. Specifically, Plaintiff’s counsel has requested 4 “a tour of the bottle making operation beginning at the lehr, going through the loop, the A, B, and 5 C tanks, the carton making machine, the bulk operation and anything else that Owens is claiming 6 is part of the Selector’s job.” The parties have agreed to the scope of a limited inspection, as set 7 forth herein. Owens has agreed to allow this limited inspection without the need for Plaintiff to 8 file a formal inspection demand; however, this inspection shall fulfill any obligation(s) Owens 9 may have to allow Plaintiff to inspect the Tracy plant. Plaintiff agrees through this stipulation 10 that she will not demand any further inspection of the Tracy plant in the course of this litigation. 11 However, to the extent Plaintiff’s counsel deems it necessary to have photographs of the work 12 Selectors perform for presentation at trial, Plaintiff’s counsel shall present a request for 13 photographs specifically describing what she is requesting be photographed and the parties shall 14 meet and confer on this issue. If the parties are unable to agree on whether and what photographs 15 should be taken, the parties will address the issue with the Court at the Final Pre-Trial 16 Conference. By agreeing not to demand another inspection as part of this litigation, Plaintiff’s 17 counsel is explicitly reserving her right to request and seek photographs of the work Selectors 18 perform, with necessary redactions for trade secret and privacy concerns. 19 b. The Tracy Plant contains many confidential and proprietary manufacturing, 20 bottling, and shipping processes and has an established “no photograph” policy. The vast 21 majority of the Tracy Plant, including areas that will be viewed as part of the Inspection, is not 22 open to the public. 23 c. Good cause exists to limit: (1) access to the Tracy Plant solely to areas 24 where Selectors perform their job duties in the Cold End (the “Inspection Area”); (2) access to the 25 Tracy Plant for the purpose of this Inspection to Plaintiff’s counsel, Sandra J. Cohen; (3) access to 26 the Tracy Plant for the purpose of this Inspection for a period not to exceed one hour; and, (4) the 27 use of any notes or other documentation related to the Inspection of the Tracy Plant taken by 28 Plaintiff’s counsel. S CHIFF H ARDIN LLP ATTO RNEY S AT LAW SAN FRA NCI S CO -2- CASE NO. 2:13-cv-00713-GEB-DAD [PROPOSED] STIPULATED PROTECTIVE ORDER RE SITE INSPECTION 1 2 d. Good cause exists to prevent any photography, videotaping, or measurements during the Inspection. 3 2. 4 Plaintiff’s counsel will be the only representative of Plaintiff to attend the Inspection. No Access to the Tracy Plant. 5 other persons, including Plaintiff, Plaintiff’s experts, or other former Owens employees, will be 6 permitted to attend the Inspection. Prior to entering the Tracy Plant, Plaintiff’s counsel agrees to 7 execute the Plant Entrance Release that has previously been provided to her by counsel for 8 Owens. Plaintiff’s counsel acknowledges that she will not be allowed to enter the Tracy Plant 9 unless and until she has provided a fully-executed Plant Entrance Release to counsel for Owens. 10 Plaintiff’s counsel’s access to the Tracy Plant will be limited to the Inspection Area. 11 Plaintiff’s counsel will be escorted by an Owens representative from the guard house promptly at 12 11:00 a.m. to the Inspection Area. Plaintiff’s counsel may be taken through other areas of the 13 plant in order to get to the Inspection Area. At no time shall Plaintiff’s counsel take any 14 photographs, video, measurements, or notes pertaining to areas outside of the Inspection Area. 15 3. 16 Once Plaintiff’s counsel has arrived at the Inspection Area, she may take notes related to 17 the Inspection Area. Plaintiff’s counsel will not be provided access to enter into any other areas 18 of the Tracy Plant, including the Hot End or any other area of the plant where Selectors do not 19 perform their job duties. Plaintiff’s counsel shall not be allowed to take any photos, videos, or 20 measurements at any point during the examination. Plaintiff’s counsel shall also not be allowed 21 to communicate with any Owens employee during the Inspection, other than representatives 22 designated to escort Plaintiff’s counsel to the Inspection area. Plaintiff’s counsel’s 23 communications with the designated escorts shall be limited to questions regarding the procedure 24 of the Inspection. At no point during the Inspection shall Plaintiff’s counsels ask any questions 25 related to the operation of the Tracy Plant or the job of the Selectors. The Inspection shall be 26 concluded promptly at 12:00 p.m., which means that Plaintiff’s counsel must be out of the 27 Inspection Area by no later than 12:00 p.m. 28 S CHIFF H ARDIN LLP ATTO RNEY S AT LAW SAN FRA NCI S CO Limitations on Inspection. As this facility runs 24-hours a day, the equipment in the Inspection Area will likely be -3- CASE NO. 2:13-cv-00713-GEB-DAD [PROPOSED] STIPULATED PROTECTIVE ORDER RE SITE INSPECTION 1 fully operational. Plaintiff’s counsel is to be aware of her surroundings at all times and is not to 2 interfere with the work of Owens’s employees or with the operation of the equipment in the area. 3 Plaintiff’s counsel is to be attentive to and immediately comply with any and all of Owens’s 4 employees and representatives instructions. If Plaintiff’s counsel does not comply with such 5 instructions, the Inspection will be immediately terminated. 6 Counsel for Owens shall attend the Inspection in its entirety. If any of the conditions of 7 this Stipulation and Order appear to have been violated, counsel for Owens reserves the right to 8 immediately terminate the Inspection. 4. 9 Confidential Information and Documents. “Confidential Documents” include any notes and other documentation of the Tracy Plant 10 11 and the Inspection Area taken or recorded by Plaintiff’s counsel. Plaintiff’s counsel agrees to 12 treat all information obtained during the Inspection as Confidential Information subject to the 13 protections of the Stipulated Protective Order entered in this matter on February 26, 2014. 14 5. 15 Any Confidential Documents shall be marked as “Confidential – For Litigation Purposes Use and Dissemination of Confidential Documents. 16 Only.” Confidential Information shall only be used in conducting or defending this Litigation, 17 and shall not be used for any business, competitive, personal, private, public, or organizational 18 purposes. While the parties agree that this order shall apply to all parties, there should be nothing 19 to prevent Owens from using information for the conduct of their business. The production, 20 filing, and disclosure of Confidential Information shall be governed by the Stipulated Protective 21 Order entered in this matter on February 26, 2014. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// S CHIFF H ARDIN LLP ATTO RNEY S AT LAW SAN FRA NCI S CO -4- CASE NO. 2:13-cv-00713-GEB-DAD [PROPOSED] STIPULATED PROTECTIVE ORDER RE SITE INSPECTION 1 IT IS SO STIPULATED: 2 3 Dated: September 17, 2014 By: /s/ Sandra J. Cohen (permission to use esignature given 9/16/14) Sandra J. Cohen Attorneys for Plaintiff ELIZABETH SAMUELS 4 5 6 7 SANDRA J. COHEN Dated: September 17, 2014 SCHIFF HARDIN LLP 8 By: /s/ Sarah D. Youngblood Sarah D. Youngblood Attorneys for Defendant OWENS-BROCKWAY GLASS CONTAINER INC. 9 10 11 12 13 14 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. Dated: September 18, 2014 15 16 17 18 Ddad1\orders.civil samuels0713.stip.prot.ord2.doc 19 20 21 22 23 24 25 26 27 28 S CHIFF H ARDIN LLP ATTO RNEY S AT LAW SAN FRA NCI S CO -5- CASE NO. 2:13-cv-00713-GEB-DAD [PROPOSED] STIPULATED PROTECTIVE ORDER RE SITE INSPECTION

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