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)
1
Anthony J. Ellrod (State Bar No. 136574)
aje@manningllp.com
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?