Whitley v. Siemens Industry, Inc.

Filing 13

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 3/19/14. (Manzer, C)

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GREGORY G. ISKANDER, Bar No. 200215
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
Telephone:
925.932.2468
Facsimile:
925.946.9809
[e-mail]
Attorneys for Defendant
SIEMENS INDUSTRY, INC.

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PEREZ LAW OFFICES
ANTHONY M. PEREZ, JR., Bar No. 113041
455 Capitol Mall, Suite 225
Sacramento, California 95814
Telephone:
916.441.0500
Facsimile:
916.441.0555
[e-mail]

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Attorneys for Plaintiff
JARRID J. WHITLEY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JARRID J. WHITLEY, on behalf of
himself, and others similarly situated,

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Plaintiff,
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v.
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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

SIEMENS INDUSTRY, INC., also doing
business as and referred to as SIEMENS
USA, SIEMENS CORPORATION, and
SIEMENS, AND DOES 1- 100, inclusive,
Defendant.

No. 2:14-cv-00099-MCE-DAD
STIPULATED PROTECTIVE ORDER
FOR MEDIATION AND ORDER

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STIPULATION RE: PROTECTIVE ORDER

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Pursuant to Rule 26 of the Federal Rules of Civil Procedure, and subject to the approval of

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this Court, Plaintiff and Defendant hereby stipulate and agree to the following Agreed Protective

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Order ("Order") to govern documents and information produced pursuant to this Order:

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Purpose and Intent of Production of Documents

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In an effort to facilitate mediation of this matter, Plaintiff and Defendant (the "Parties") agree

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that the production of certain categories of documents and information described in this Order is

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necessary to allow an accurate assessment of the Parties' respective settlement and mediation

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positions. The Parties agree the documents and information produced pursuant to this Order are not

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intended to substitute for documents or information requested through discovery and are being

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provided solely for the purpose of mediation. Moreover, by providing such documents and

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information, the Parties do not waive any objection(s) they have made or may make to the

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production of these documents or information through formal discovery methods, including those

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provided by the Federal Rules of Civil Procedure.

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2.

Scope of Protective Order

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The documents and information produced at or in preparation for mediation in this action

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reflect, or may reflect, confidential trade secrets or confidential financial, commercial, proprietary,

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personnel or personal information of the parties and non-parties. This Order shall be applicable to

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and limit the use and disclosure of confidential information and documents disclosed by the Parties

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at or for mediation.

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For purposes of this Order, "confidential information" means the originals and copies of

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business or financial records, documents containing trade secrets or proprietary information,

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personnel records, medical records and any other writing as defined by Federal Rule of Civil

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Procedure 34(a)(a)(A) reflecting confidential, commercial, medical or personal information that

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counsel for any of the stipulating parties has in good faith designated as confidential, and also

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included in the definition of "confidential information" is the information on said records or

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documents and other information that counsel for any of the stipulating parties has in good faith

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designated as confidential. No information shall be claimed to be confidential unless counsel making
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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

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the claim has a reasonable, good faith belief that the information meets the criteria specified above.

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Once so designated, confidential documents, records and information shall be subject to the

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protection of this Order unless such protection is expressly waived in writing by all of the stipulating

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parties or to the extent the Court rules that information, a document, or a record shall not be subject

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to this Order. Receipt of the same or similar information from a separate or different source or

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document does not remove the information, document(s) and/or record(s) designated as confidential

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from the protection of this Order.

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3.

Time and Manner of Designation

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Counsel may designate documents, writings or information as confidential at the time of the

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production of the information, documents or other writings. Documents shall be designated

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confidential by placing the word "confidential" in red (if readily available) on the document or by

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identifying the document or information as confidential in writing to all counsel.

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4.

Limits on Disclosure and Use

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Documents and information designated confidential pursuant to this Order shall not be

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disclosed to any person except that documents and information designated confidential may be

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disclosed to the following persons and entities, provided that to do so is necessary for legitimate

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purposes related to this mediation and done in good faith:

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(a)

The individual parties, including employees and officers of the corporate party;

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(b)

Counsel for the parties hereto, and their clerks, secretaries, paralegals and

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investigators;
(c)

Defendant's in-house counsel, including its clerks, secretaries, paralegals, clerical and

support personnel working with or under the supervision of in-house counsel;

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(d)

Testifying or consulting expert witnesses retained for the mediation;

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(e)

Contract or temporary personnel engaged by and working under the supervision of

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the Parties' counsel to the extent reasonably necessary to render professional services in this action;

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(f)

Such additional persons as agreed to by the parties in writing;

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(g)

The mediator.

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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

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When one party has designated information as confidential, then the other parties and their

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respective counsel shall safeguard such designated confidential information against disclosure. All

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counsel shall advise persons receiving designated confidential information in this action of this

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Order and secure their representation in writing to maintain such information in a confidential

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manner, as set forth in Exhibit A.

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5.

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The Parties agree that the documents being produced under this Order will not be copied,

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otherwise recorded, or disclosed for any purpose other than for the scheduled mediation on May 6,

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2014. The Parties agree that these documents are only being turned over for the limited purpose of

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review in connection with this mediation. The Parties will meet and confer in good faith after

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mediation as to their use in discovery. If a Party provides confidential documents or information to a

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testifying or consulting witness retained for the mediation, it shall be that party's obligation to

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recover and return those documents and that information to the producing party as provided in this

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section.

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6.

Use and Prohibited Uses of Provided Documents and Information

Access to Information

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Documents and information provided pursuant to this Order shall be treated in accordance

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with the provisions of this Order by all persons to whom such information may be disclosed. In

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addition, except for counsel representing the Parties, each person who is authorized by this Order to

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inspect or have access to the documents or information provided pursuant to this Order shall sign the

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form annexed to this Order as Exhibit "A." The signed forms shall be maintained by counsel of

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record responsible for the disclosure and shall be available for inspection by all other counsel of

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record after mediation has concluded.

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7.

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This Order is intended to facilitate efficient mediation between the Parties and is not intended

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Reservation of Rights

to alter resolution of any substantive issue or to affect the Parties' substantive or procedural rights.

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8.

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This Order may be amended by written agreement of counsel for the Parties.

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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

Amendment

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The provision of documents and information pursuant to this Order does not waive any

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No Waiver of Privilege

privilege that may apply to the information contained in the documents.

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IT IS SO STIPULATED:

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DATED: March 18, 2014

/S/ Gregory G. Iskander____________
Gregory G. Iskander
Littler Mendelson, P.C.

DATED: March 18, 2014

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/S/ Anthony M. Perez________________
Anthony M. Perez
Perez Law Offices

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I, the filer of this document, attest that all other signatories listed, and on whose behalf the
filing is submitted, concur in the filing’s content and have authorized the filing.

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DATED: March 18, 2014

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/S/ Gregory G. Iskander____________
Gregory G. Iskander, Esq.
ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: March 19, 2014

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Ddad1\orders.civil\whitley0099.spo.docx

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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

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Exhibit A

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NON-DISCLOSURE AGREEMENT

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The undersigned hereby agrees that:

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(1)

I have had the opportunity to review and have reviewed the Stipulated

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Mediation Protective Order in this action, Jarrid Whitley v. Siemens Industry Inc. United States

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District Court, Eastern District, Sacramento Division, Case No. 2:14-CV-00099-MCE-DAD.

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(2)

I hereby agree to comply with and be bound by the terms and conditions of

said Protective Order and will not disclose any Confidential Information to any third person.

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(3)

When asked to do so, I agree to promptly return all Confidential Information

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to the party that provided it to me.

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DATED:
[Print Name]

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[Sign Name]

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Firmwide:125978818.1 070784.1012

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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

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