The National Grange of the Order of Patrons of Husbandry v. California State Grange

Filing 38

STIPULATION and 37 PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 4/15/2015. This Order covers information furnished by a party to any other party, as well as documents furnished by non-parties who receive subpoenas in connection with this action, if and when the information and documents are designated by a party to action or non-party as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" in accordance with terms of this Order. (Marciel, M)

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1 Anthony J. Ellrod (State Bar No. 136574) 2 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP th 3 4 801 S. Figueroa St, 15 Floor Los Angeles, California 90017-3012 Telephone: (213) 624-6900 Facsimile: (213) 624-6999 5 6 Attorneys for Defendant CALIFORNIA STATE GRANGE, a California corporation 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 THE NATIONAL GRANGE OF THE ORDER OF PATRONS OF HUSBANDRY, a District of Columbia nonprofit corporation, 13 Plaintiff, 14 15 vs. CALIFORNIA STATE GRANGE, a California corporation, 16 Defendant. 17 18 19 1. ) No. 2:14-cv-00676-WBS-DAD ) ) ) STIPULATION AND PROTECTIVE ) ORDER ) ) ) ) ) ) ) ) Purpose and information Governed. A. Purpose. In order to preserve the legitimate proprietary and privacy interests of 20 sources of information disclosed in this action (the “Action”), this Order establishes a procedure for 21 designating confidential information, protecting such information, and challenging such 22 designations. “Information” includes the contents of documents, testimony, answers to discovery, 23 and data derived from sources other than documents. 24 B. Information Governed. This Order covers information furnished by a party to any 25 other party, as well as documents furnished by non-parties who receive subpoenas in connection 26 with this action, if and when the information and documents are designated by a party to this 27 Actionor non-party as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” 28 in accordance with the terms of this Order. Something may be designated confidential only when STIPULATED ORDER PROTECTING CONFIDENTIALITY Page 1 of 8 1 the source reasonably believes it is proprietary or otherwise implicates an interest in its security. 2 This Order also applies to copies, excerpts, abstracts, analyses, summaries, descriptions, or other 3 forms of recorded information or data containing, reflecting, or disclosing all or parts of designated 4 documents. This Order does not apply to information that is public. 5 2. 6 7 Designation and Disclosure of Information. A. Designation. To designate information as confidential, a designating party must mark it or identify it on the record. Designations may be withdrawn. 8 B. Marking. The designating party must mark the pages of documents or each 9 significant component of other objects. The deponent will mark deposition transcripts and the 10 claimant will mark hearing transcripts. A mark similar to the following should be used to clearly 11 designate the information: 12 CONFIDENTIAL 13 CONFIDENTIALATTORNEYS’ EYES ONLY 14 15 C. Timing. Documents and other objects must be designated before disclosure. 16 Transcripts must be designated within fifteen (15) days of receipt; all transcripts are confidential for 17 fifteen (15) days after receipt. 18 D. 19 appropriate confidentiality designation shall not be deemed a waiver or impairment of the 20 Inadvertent Disclosure. The inadvertent disclosure of information without the confidential nature of any such information and any related material. One who knowingly 21 receives an inadvertent disclosure must return the information to the source immediately and 22 make no use of it. 23 Access. Information designated “CONFIDENTIAL” shall be disclosed only to the 24 3. 25 following: 26 A. Parties, 27 B. The Court, 28 C. Court reporters (including audio and video), STIPULATED ORDER PROTECTING CONFIDENTIALITY Page 2 of 8 1 D. Special masters, 2 E. Mediators, 3 F. Parties’ counsel and their direct staff, 4 G. The officers, directors, and direct staff of A-G, above, 5 H. The parties’ insurers or indemnitors and their counsel, and 6 I. Designated experts and outside attorneys assisting in the preparation of this case, 7 J. Any witnesses at a deposition, hearing, trial, or other court proceeding in this 8 Action, to the extent reasonably necessary to elicit testimony or prepare the 9 witnesses to testify; and 10 11 K. Others specifically identified in writing by the designating party. 4. 12 Attorney’s Eyes Only. A. Information may be further restricted than stated above by the producing source 13 designating the information “CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” This designation 14 shall be used as sparingly as possible. 15 B. This designation is limited to particularly sensitive confidential information that 16 cannot be disclosed without serious threat of direct or indirect competitive injury by use in a 17 manner other than reasonably necessary to litigation of the Action. The designation of any 18 document or information as “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” shall only be made 19 by an attorney reviewing the material, and shall constitute a certification by the attorney that he or 20 she in good faith believes the material deserves this heightened level of protection under 21 Fed.R.Civ.P. 26(c) (1)(G). 22 23 C. Information designated as “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” shall be disclosed only to the following persons: 24 i. Parties’ outside counsel and their direct staff, 25 ii. Court reporters (including audio and video), 26 iii. The Court, and 27 iv. Designated experts and outside attorneys assisting in the preparation of this 28 case. STIPULATED ORDER PROTECTING CONFIDENTIALITY Page 3 of 8 Use. Information designated “CONFIDENTIAL or “CONFIDENTIAL-ATTORNEYS’ 1 5. 2 EYES ONLY” must only be used in connection with this Action. 3 6. 4 receiving Party or its counsel of record, must sign an acknowledgement of this Order in a form 5 similar to Appendix A. 6 7. 7 “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” information to the Court, the party shall comply 8 with the procedures in Local Rules 140 and 141. As little as possible of the source document should 9 be filed. References in the filing must be sufficiently abstract to not disclose the confidential Acknowledgment. Individuals having access to confidential information other than the Filing Documents with the Court. If any party wishes to submit “CONFIDENTIAL” or 10 information. 11 8. 12 Depositions. A. During the deposition. Deposition testimony is automatically deemed 13 “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” when such designations 14 are asserted at any time during the deposition, 15 B. After transcription of the deposition. A party shall have until fifteen (15) days after 16 receipt of the deposition transcript to inform the other party or parties to the action of the portions of 17 the transcript designated “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES 18 ONLY.” 19 C. During the transcription period. During the transcription of the deposition and the 20 fifteen (15) day period following delivery of the transcript, the transcript and exhibits must be 21 treated as “CONFIDENTIAL,” unless the disclosing party consents to less confidential treatment of 22 the information. The parties agree to cooperate in good faith to shorten the time frames set forth in 23 this paragraph if necessary to abide by any discovery or briefing schedules. 24 9. 25 Hearings and Trial. A. If confidential information will be referenced or used in pretrial conferences and 26 hearings, the disclosing party must give notice to the other party that such information will be used 27 five (5) business days before the court appearance. 28 B. The designating party must mark hearing and trial transcripts within thirty (30) days STIPULATED ORDER PROTECTING CONFIDENTIALITY Page 4 of 8 1 of receipt. 2 10. 3 designated “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS’ EYES ONLY” by any other 4 party, the recipient of the subpoena must notify the parties in writing of the subpoena and that the 5 subpoena seeks confidential information. 6 protecting the confidentiality of subpoenaed information under this Order and may not use the 7 confidential nature of the information as a reason to not comply with the subpoena. 8 11. 9 Subpoenas. If any party receives a subpoena which calls for the production of information The recipient of the subpoena is responsible for Challenges. A. Notice. If a party reasonably believes the confidentiality designation is incorrect, it 10 must specify to the designating party in writing (a) the subject of the information and (b) its grounds 11 for challenging the designation. A party shall not be obligated to challenge the propriety of a 12 designation when such designation is made, and its failure to do so shall not operate as a waiver 13 of or in any way preclude its right to later request that the Court determine the propriety of the 14 designation. 15 B. Response. The designating party must respond to a designation challenge within 16 seven (7) business days in an attempt to resolve the dispute in good faith on an informal basis 17 without seeking relief from the Court. 18 C. Rulings. If the challenging party is still not satisfied, it may move the court to 19 remove the designation. The designating party shall bear the burden of justifying the designation. 20 However, until the Court rules, the original designation remains in full force and effect, and the 21 document continues to be protected by this Order. 22 12. 23 Conclusion of Litigation. A. Survival Upon Termination. This Order survives the termination of this case, and 24 the Court shall retain jurisdiction of all persons and entities bound hereto, for the purposes of its 25 enforcement. 26 B. Return Of Information. Within ninety (90) days of termination, the parties must 27 return original documents with confidential information and destroy any copies of such information. 28 13. Enforcement. If any source has reason to believe that confidential information has been STIPULATED ORDER PROTECTING CONFIDENTIALITY Page 5 of 8 1 disseminated or used in violation of this Order, that Designating Party may move for appropriate 2 relief from the Court. 3 14. 4 Miscellaneous A. Subject to the rules of evidence and the terms hereof, any Party may use any 5 confidential information, or any information derived therefrom, for any purpose at any trial, hearing, 6 or other proceeding had in this Action. 7 B. This Order shall in no way affect or impair the right of any Party or third-party to 8 raise or assert any defenses or objections including, without limitation, any defenses or objections to 9 the discovery or production of any documents or information, any defenses or objections to 10 questions interposed at depositions, hearings, or at trial, or any objections or defenses to the use, 11 relevance, or admissibility of any evidence at trial or at any other proceeding held herein. 12 13 SO STIPULATED. 14 15 Dated: 4/14/15 16 MANNING & KASS, ELLROD, RAMIREZ, TRESTER, LLP 17 By: /s/ Anthony J. Ellrod Anthony J. Ellrod Attorney for California State Grange, a California corporation 18 19 20 Dated: 4/14/15 ARENT FOX LLP 21 22 By: /s/ Michael L. Turrill 23 Michael L. Turrill Randall Brater 24 25 26 27 28 James L. Bikoff (pro hac vice) David K. Heasley(pro hac vice) SMITH, GAMBRELL, & RUSSELL LLP Attorneys for Plaintiff THE NATIONAL GRANGE OF THE ORDER OF PATRONS OF HUSBANDRY STIPULATED ORDER PROTECTING CONFIDENTIALITY Page 6 of 8 1 2 3 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. Dated: April 15, 2015 4 5 6 7 8 Ddad1\orders.civil grange0676.stip.prot.ord.doc 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED ORDER PROTECTING CONFIDENTIALITY Page 7 of 8 1 ACKNOWLEDGEMENT OF ORDER PROTECTING CONFIDENTIALITY 2 3 Name: 4 Address: 5 Telephone: 6 Role in Lawsuit: 7 □ Staff to Counsel □ Consulting Expert □ Testifying Expert 8 □ Court Reporter □ Other Witness □ Party Employee 9 Aligned with: 10 This party: 11 This non-party: 12 13 I have read and acknowledge that I am bound by the Order Protecting Confidentiality 14 entered in this action, The National Grange of the Order of Patrons of Husbandry v. California State 15 Grange, U.S. District Court for the Eastern District of California, Case No. 2:14-cv-00676-WBS- 16 DAD. 17 18 19 Signature Date 20 21 22 23 24 25 26 27 28 STIPULATED ORDER PROTECTING CONFIDENTIALITY Page 8 of 8

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