Huntsman v. Lowe's Hiw, Inc.

Filing 12

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 4/28/14. (Kaminski, H)

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CHARLES D. MAY, ESQ.; STATE BAR NO.: 129663
GENE B. SHARAGA, ESQ.; STATE BAR NO.: 131661
BRIAN J. KIM, ESQ.; STATE BAR NO.: 282538

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THARPE & HOWELL, LLP
15250 Ventura Blvd,, Ninth Floor
Sherman Oaks, California 91403
[phone]; [phone] fax
E-Mail: [e-mail]
E-Mail: [e-mail]
E-Mail: [e-mail]

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Attorneys for Defendants,

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LOWE’S HOME CENTERS, LLC

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UNITED STATES DISTRICT COURT

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

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EASTERN DISTRICT OF CALIFORNIA

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KIM HUNTSMAN,

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No: 2:13-cv-02507-TLN-DAD

Plaintiff,
vs.

STIPULATION AND PROTECTIVE
ORDER

LOWE’S HOME IMPROVEMENT,
and DOES 1 TO 50, INC.,
Defendants.

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

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LOWE’S HOME CENTERS, LLC (hereinafter “the Defendant”) possesses

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proprietary policies and procedures, as well as personnel files of present and former

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employees, that include confidential information that may be subject to discovery in

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

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generally, this 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, Plaintiff, counsel of record in this case,

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

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persons as are employed by counsel to act as experts in this action. The information
-1STIPULATION AND PROTECTIVE ORDER
Huntsman v. Lowe’s HIW, Inc.
Case No.: 2:13-CV-02507-TLN-DAD

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designated as “CONFIDENTIAL” and disclosed only in accord with the terms of
this paragraph may include, without limitation, documents and information
containing Defendant’s policies and procedures, as well as personnel records,
including disciplinary records, identity, information relating to the processes,
operations, type of work, or apparatus, or the production, sales, shipments, transfers,
identification of customers, inventories, amount or source of income, profits, losses,
expenditures, or any research, development, or any other commercial information

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supplied by the Defendant in response to Plaintiff’s Interrogatories or Requests for

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Production. Information and documentation considered “CONFIDENTIAL” are

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

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subject to protection under Civil Local Rule 141.1 of the U.S. District Court –
Eastern District of California, Rule 26 of the Federal Rules of Civil Procedure, and
under other provisions of Federal law.

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2.

Counsel for Plaintiff shall use all documents and information produced

or disclosed by the Defendant solely for the purposes of preparation for and trial of
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 in this action. At the conclusion of the
proceedings in this action, all documents and information subject to this Order,
including any copies or extracts or summaries thereof, or documents containing
information taken therefrom, shall be 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

paralegals or secretarial employees of counsel or Plaintiff, counsel for Plaintiff shall
require such employees to read this Protective Order and agree to be bound by its
terms.
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-2STIPULATION AND PROTECTIVE ORDER
Huntsman v. Lowe’s HIW, Inc.
Case No.: 2:13-CV-02507-TLN-DAD

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4.

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

documents or information produced by the Defendant and designated as
“confidential” must be revealed to a person employed to act as an expert in this
action, then counsel may reveal the designated documents or information to such
person, after first complying with the following:

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(a)

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Counsel for the Plaintiff shall have the expert read this Order and shall
explain the contents thereof to such expert.

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(b)

Counsel for the Plaintiff shall require such expert to sign a copy of this
protective order that states: “I have read and understood the terms of

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

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this protective order. I further agree to be bound by its terms.” Nothing

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in this paragraph shall be deemed to enlarge the right of Defendant to

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conduct discovery of any of Plaintiff’s experts, except solely with

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respect to the ability of such expert to protect confidential information

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and documents from re-disclosure.

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5.

contain information that has been designated as "Confidential" or "Attorneys' Eyes
Only," shall be accompanied by an application to file the papers or the portion
thereof containing the designated information under seal; and the application shall be
directed to the judge to whom the papers are directed. For motions, the parties shall
file a redacted version of the motion and supporting papers.

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7.

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

Court upon written stipulation of the parties, or upon motion and reasonable notice,
including opportunity for hearing and presentation of evidence.

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

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Nothing contained in this Order is intended or should be construed as

authorizing a party in this action to disobey a lawful subpoena issued in another
action.
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-3STIPULATION AND PROTECTIVE ORDER
Huntsman v. Lowe’s HIW, Inc.
Case No.: 2:13-CV-02507-TLN-DAD

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9.

The Court may modify the protective order in the interests of justice or

for public policy reasons.

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APPROVED FOR ENTRY:
/s/ Mark A. Thiel
______________________________________
Attorney for Plaintiff, Kim Huntsman
/s/ Charles D. May
___________________________________________
Attorney for Defendant Lowe’s Home Centers, LLC

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

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.

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Dated: April 28, 2014

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Ddad1\orders.civil
huntsman2507.stip.prot.ord.docx

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-4STIPULATION AND PROTECTIVE ORDER
Huntsman v. Lowe’s HIW, Inc.
Case No.: 2:13-CV-02507-TLN-DAD