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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SCHIFF HARDIN LLP
Stephen M. Hankins (CSB # 154886)
[e-mail]
Sarah D. Youngblood (CSB # 244304)
[e-mail]
One Market, Spear Street Tower
Thirty-Second Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
OWENS-BROCKWAY GLASS CONTAINER
INC.

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SANDRA J. COHEN, CA SB# 85045
300 South First Street, Suite 320
San Jose CA 95113
408-975-0545
e-mail: [e-mail]

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Attorney for Plaintiff ELIZABETH SAMUELS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELIZABETH SAMUELS,

No. 2:13-cv-00713-GEB-DAD

Plaintiff,

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v.

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OWENS-BROCKWAY GLASS
CONTAINER INC. and DOES 1 through
V,

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STIPULATION AND PROTECTIVE
ORDER RE SITE INSPECTION

Defendant.

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This Stipulation and Protective Order (“Order”) shall pertain to the site inspection of

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defendant Owens-Brockway Glass Container Inc.’s (“Owens”) bottle manufacturing plant located

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at 14700 W. Schulte Rd., Tracy, California 95377 (the “Tracy plant”) which is scheduled to take

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place on September 22, 2014 from 11:00 a.m. to 12:00 p.m. (the “Inspection”).

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S CHIFF H ARDIN LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

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CASE NO. 2:13-cv-00713-GEB-DAD

[PROPOSED] STIPULATED PROTECTIVE ORDER RE SITE INSPECTION

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1.

Scope
a.

Counsel for Plaintiff Elizabeth Samuels has requested an inspection of

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certain non-public areas of Owens’s Tracy Plant. Specifically, Plaintiff’s counsel has requested

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“a tour of the bottle making operation beginning at the lehr, going through the loop, the A, B, and

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C tanks, the carton making machine, the bulk operation and anything else that Owens is claiming

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is part of the Selector’s job.” The parties have agreed to the scope of a limited inspection, as set

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forth herein. Owens has agreed to allow this limited inspection without the need for Plaintiff to

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file a formal inspection demand; however, this inspection shall fulfill any obligation(s) Owens

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may have to allow Plaintiff to inspect the Tracy plant. Plaintiff agrees through this stipulation

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that she will not demand any further inspection of the Tracy plant in the course of this litigation.

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However, to the extent Plaintiff’s counsel deems it necessary to have photographs of the work

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Selectors perform for presentation at trial, Plaintiff’s counsel shall present a request for

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photographs specifically describing what she is requesting be photographed and the parties shall

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meet and confer on this issue. If the parties are unable to agree on whether and what photographs

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should be taken, the parties will address the issue with the Court at the Final Pre-Trial

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Conference. By agreeing not to demand another inspection as part of this litigation, Plaintiff’s

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counsel is explicitly reserving her right to request and seek photographs of the work Selectors

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perform, with necessary redactions for trade secret and privacy concerns.

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b.

The Tracy Plant contains many confidential and proprietary manufacturing,

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bottling, and shipping processes and has an established “no photograph” policy. The vast

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majority of the Tracy Plant, including areas that will be viewed as part of the Inspection, is not

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open to the public.

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c.

Good cause exists to limit: (1) access to the Tracy Plant solely to areas

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where Selectors perform their job duties in the Cold End (the “Inspection Area”); (2) access to the

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Tracy Plant for the purpose of this Inspection to Plaintiff’s counsel, Sandra J. Cohen; (3) access to

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the Tracy Plant for the purpose of this Inspection for a period not to exceed one hour; and, (4) the

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use of any notes or other documentation related to the Inspection of the Tracy Plant taken by

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Plaintiff’s counsel.

S CHIFF H ARDIN LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

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CASE NO. 2:13-cv-00713-GEB-DAD

[PROPOSED] STIPULATED PROTECTIVE ORDER RE SITE INSPECTION

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d.

Good cause exists to prevent any photography, videotaping, or

measurements during the Inspection.

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2.

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Plaintiff’s counsel will be the only representative of Plaintiff to attend the Inspection. No

Access to the Tracy Plant.

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other persons, including Plaintiff, Plaintiff’s experts, or other former Owens employees, will be

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permitted to attend the Inspection. Prior to entering the Tracy Plant, Plaintiff’s counsel agrees to

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execute the Plant Entrance Release that has previously been provided to her by counsel for

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Owens. Plaintiff’s counsel acknowledges that she will not be allowed to enter the Tracy Plant

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unless and until she has provided a fully-executed Plant Entrance Release to counsel for Owens.

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Plaintiff’s counsel’s access to the Tracy Plant will be limited to the Inspection Area.

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Plaintiff’s counsel will be escorted by an Owens representative from the guard house promptly at

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11:00 a.m. to the Inspection Area. Plaintiff’s counsel may be taken through other areas of the

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plant in order to get to the Inspection Area. At no time shall Plaintiff’s counsel take any

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photographs, video, measurements, or notes pertaining to areas outside of the Inspection Area.

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3.

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Once Plaintiff’s counsel has arrived at the Inspection Area, she may take notes related to

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the Inspection Area. Plaintiff’s counsel will not be provided access to enter into any other areas

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of the Tracy Plant, including the Hot End or any other area of the plant where Selectors do not

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perform their job duties. Plaintiff’s counsel shall not be allowed to take any photos, videos, or

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measurements at any point during the examination. Plaintiff’s counsel shall also not be allowed

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to communicate with any Owens employee during the Inspection, other than representatives

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designated to escort Plaintiff’s counsel to the Inspection area. Plaintiff’s counsel’s

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communications with the designated escorts shall be limited to questions regarding the procedure

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of the Inspection. At no point during the Inspection shall Plaintiff’s counsels ask any questions

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related to the operation of the Tracy Plant or the job of the Selectors. The Inspection shall be

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concluded promptly at 12:00 p.m., which means that Plaintiff’s counsel must be out of the

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Inspection Area by no later than 12:00 p.m.

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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
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CASE NO. 2:13-cv-00713-GEB-DAD

[PROPOSED] STIPULATED PROTECTIVE ORDER RE SITE INSPECTION

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fully operational. Plaintiff’s counsel is to be aware of her surroundings at all times and is not to

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interfere with the work of Owens’s employees or with the operation of the equipment in the area.

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Plaintiff’s counsel is to be attentive to and immediately comply with any and all of Owens’s

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employees and representatives instructions. If Plaintiff’s counsel does not comply with such

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instructions, the Inspection will be immediately terminated.

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Counsel for Owens shall attend the Inspection in its entirety. If any of the conditions of

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this Stipulation and Order appear to have been violated, counsel for Owens reserves the right to

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immediately terminate the Inspection.
4.

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Confidential Information and Documents.

“Confidential Documents” include any notes and other documentation of the Tracy Plant

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and the Inspection Area taken or recorded by Plaintiff’s counsel. Plaintiff’s counsel agrees to

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treat all information obtained during the Inspection as Confidential Information subject to the

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protections of the Stipulated Protective Order entered in this matter on February 26, 2014.

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5.

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Any Confidential Documents shall be marked as “Confidential – For Litigation Purposes

Use and Dissemination of Confidential Documents.

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Only.” Confidential Information shall only be used in conducting or defending this Litigation,

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and shall not be used for any business, competitive, personal, private, public, or organizational

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purposes. While the parties agree that this order shall apply to all parties, there should be nothing

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to prevent Owens from using information for the conduct of their business. The production,

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filing, and disclosure of Confidential Information shall be governed by the Stipulated Protective

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Order entered in this matter on February 26, 2014.

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S CHIFF H ARDIN LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

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CASE NO. 2:13-cv-00713-GEB-DAD

[PROPOSED] STIPULATED PROTECTIVE ORDER RE SITE INSPECTION

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IT IS SO STIPULATED:

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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

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SANDRA J. COHEN

Dated: September 17, 2014

SCHIFF HARDIN LLP

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By: /s/ Sarah D. Youngblood
Sarah D. Youngblood
Attorneys for Defendant
OWENS-BROCKWAY GLASS
CONTAINER INC.

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: September 18, 2014

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Ddad1\orders.civil
samuels0713.stip.prot.ord2.doc

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S CHIFF H ARDIN LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

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CASE NO. 2:13-cv-00713-GEB-DAD

[PROPOSED] STIPULATED PROTECTIVE ORDER RE SITE INSPECTION