Salvador v. A Family Affair, Inc. et al

Filing 10

PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 1/13/15. (Kaminski, H)

1 Jeremy T. Naftel, State Bar No. 185215
[e-mail]
2 Joel Van Parys, State Bar No. 227387
[e-mail]
3 CAROTHERS DISANTE & FREUDENBERGER LLP
900 University Avenue
4 Suite 200
Sacramento, California 95825
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Defendants
7 A FAMILY AFFAIR, INC., a California Corporation; A
FAMILY AFFAIR BRIDGES, INC., a California
8 Corporation; CAROLYN FAYE MITCHEL dba A FAMILY
AFFAIR CARE; CAROLYN FAYE MITCHELL, dba A
9 FAMILY AFFAIR CARE III; CAROLYN FAYE
MITCHEL dba A FAMILY AFFAIR CARE II; CAROLYN
10 FAYE MITCHELL, an individual; CAROLYN FAYE
MITCHELL, also known as CAROLYN F. MITCHELL, an
11 individual; CAROLYN FAYE MITCHELL, also known as
CAROLYN R. MITCHELL, an individual; CAROLYN
12 FAYE MITCHELL, also known as CAROLYN
MITCHELL, an individual; KASSIA MITCHELL
13 LUCERO, an individual; KASSIA MITCHELL LUCERO,
also known as KASSIA MITCHELL, an individual;
14 KASSIA MITCHELL LUCERO, also known as KASSIA
LUCERO, an individual; KASSIA MITCHELL LUCERO,
15 also known as K.M. LUCERO, an individual; MARVIN R.
MITCHELL, JR., an individual; MARVIN R. MITCHELL,
16 SR., an individual; PATRICK CAIN, an individual;
ALBERT JOHNSON, an individual
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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vs.
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A FAMILY AFFAIR, INC., a California
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Corporation; A FAMILY AFFAIR BRIDGES,
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INC., a California Corporation; CAROLYN
)
FAYE MITCHEL dba A FAMILY AFFAIR
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CARE; CAROLYN FAYE MITCHELL, dba A
FAMILY AFFAIR CARE III; CAROLYN FAYE )
MITCHEL dba A FAMILY AFFAIR CARE II;
)
CAROLYN FAYE MITCHELL, an individual;
)
CAROLYN FAYE MITCHELL, also known as
)
CAROLYN F. MITCHELL, an individual;
)
CAROLYN FAYE MITCHELL, also known as
)
RONNIE SALVADOR ,
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Case No. 2:14-CV-01082-KJM-EFB
[Removed from Sacramento County Superior
Court Case No. 34-2013-00155976-CU-OEGDS]
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER REGARDING
CONFIDENTIAL INFORMATION

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER REGARDING
CONFIDENTIAL INFORMATION

CAROTHERS DiSANTE &
FREUDENBERGER LLP

879050.1

1 CAROLYN R. MITCHELL, an individual;
CAROLYN FAYE MITCHELL, also known as
2 CAROLYN MITCHELL, an individual; KASSIA
MITCHELL LUCERO, an individual; KASSIA
3 MITCHELL LUCERO, also known as KASSIA
MITCHELL, an individual; KASSIA
4 MITCHELL LUCERO, also known as KASSIA
LUCERO, an individual; KASSIA MITCHELL
5 LUCERO, also known as K.M. LUCERO, an
individual; MARVIN R. MITCHELL, JR., an
6 individual; MARVIN R. MITCHELL, SR., an
individual; ESTATE OF MARVIN R.
7 MITCHELL, SR., DECEASED; PATRICK
CAIN, an individual; ALBERT JOHNSON, an
8 individual; and DOES 1 to 50, Inclusive,
Defendants.

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ADDITIONAL COUNSEL

12 Michael J. Harrington, State Bar No. 144737
LAW OFFICES OF MICHAEL J. HARRINGTON
13 430 “D” Street
Davis, CA 95616
14 Telephone [phone]
Facsimile [phone]
15
Matthew P. Guichard, State Bar No. 107450
16 William L. Portello, State Bar No. 166845
Christopher K. Teng, State Bar No. 176431
17 GUICHARD, TENG & PORTELLO, A.P.C.
Sutter Square
18 1800 Sutter Street, Suite 730
Concord, CA 94520
19 Telephone [phone]
Facsimile [phone]
20
Attorneys for Plaintiff,
21 RONNIE SALVADOR
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STIPULATION AND [PROPOSED]
PROTECTIVE ORDER REGARDING
CONFIDENTIAL INFORMATION

CAROTHERS DiSANTE &
FREUDENBERGER LLP

879050.1

Plaintiff RONNIE SALVADOR and Defendants A FAMILY AFFAIR, INC., a California

1
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Corporation; A FAMILY AFFAIR BRIDGES, INC., a California Corporation; CAROLYN

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FAYE MITCHEL dba A FAMILY AFFAIR CARE; CAROLYN FAYE MITCHELL, dba A

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FAMILY AFFAIR CARE III; CAROLYN FAYE MITCHEL dba A FAMILY AFFAIR CARE

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II; CAROLYN FAYE MITCHELL, an individual; CAROLYN FAYE MITCHELL, also known

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as CAROLYN F. MITCHELL, an individual; CAROLYN FAYE MITCHELL, also known as

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CAROLYN R. MITCHELL, an individual; CAROLYN FAYE MITCHELL, also known as

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CAROLYN MITCHELL, an individual; KASSIA MITCHELL LUCERO, an individual;

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KASSIA MITCHELL LUCERO, also known as KASSIA MITCHELL, an individual; KASSIA

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MITCHELL LUCERO, also known as KASSIA LUCERO, an individual; KASSIA MITCHELL

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LUCERO, also known as K.M. LUCERO, an individual; MARVIN R. MITCHELL, JR., an

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individual; MARVIN R. MITCHELL, SR., an individual; ESTATE OF MARVIN R.

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MITCHELL, SR., DECEASED; PATRICK CAIN, an individual; ALBERT JOHNSON

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(hereinafter collectively referred to as "Parties") hereby agree as follows:

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1.

In this action, the Parties may be required to disclose confidential information. The

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Parties agree that good cause exists for such confidential information to be protected from

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unnecessary disclosure. In order to avoid unnecessary litigation regarding the disclosure of

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such confidential information and to facilitate the exchange of information in this litigation, the

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Parties agree to this Protective Order to accomplish these tasks.

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2.

For purposes of this Stipulation and Protective Order, the Parties agree that

the definition of "Confidential Information" shall include:

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a. Proprietary information, including, but not limited to, all financial data concerning

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the Parties, including tax information, to the extent such information has not

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already been made known to the general public;

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b. Other proprietary information of a commercial nature that the Producing

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Party believes, in good faith, constitutes a trade secret under applicable law;

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c. Personal information relating to individual persons, including personal finance

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information or other information that the Producing Party believes, in good faith,
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CAROTHERS DiSANTE &
FREUDENBERGER LLP

879050.1

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER REGARDING
CONFIDENTIAL INFORMATION

may implicate privacy laws if further disseminated.

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3.

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"Producing Party" means any party or third party that produces documents or

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information as part of the parties’ informal discovery process to advance settlement

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discussions or pursuant to discovery requests, in support of dispositive motions, or otherwise,

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in the course of this litigation.
4.

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Any Producing Party may designate as "CONFIDENTIAL" any material, documents

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or discovery responses, testimony or other information, which constitutes or contains Confidential

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Information, as follows: Documents containing Confidential Information, which are produced as

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part of the parties’ informal discovery process or in responses to document requests, subpoenas or

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otherwise, shall be marked by the Producing Party with the following legend: CONFIDENTIAL.

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Any other Confidential Information conveyed by the Producing Party during this

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litigation, if in written or other tangible form, shall be marked with the legend set forth in

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subparagraph (a) above, or, if in oral or other intangible form, identified as: Confidential

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Information.

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5.

This Order only permits designation as Confidential Information that information

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as to which the Producing Party entertains a good faith belief that the information satisfies the

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definition of Confidential Information contained in Paragraph 2.

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6.

Persons receiving Confidential Information shall use it solely for the purpose of

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this litigation. Confidential Information shall not be disclosed directly or indirectly to any other

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person other than as provided in this Order, except by written agreement of the Producing Party.

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7.

A person having custody of Confidential Information shall maintain it in a manner

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which ensures that access to Confidential Information is strictly limited to persons entitled to

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receive Confidential Information in accordance with the provisions of this Order.

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8.

Confidential Information may not be disclosed to any person other than:

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a. attorneys for the Parties;

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b. experts or consultants of a party, provided the requirements of Paragraph 7 of

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this Order are met;

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9.

Within thirty days after the conclusion of this litigation, including all appeals, all
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CAROTHERS DiSANTE &
FREUDENBERGER LLP

879050.1

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER REGARDING
CONFIDENTIAL INFORMATION

1 documents designated as CONFIDENTIAL, all copies of such documents, in the possession,
2 custody or control of the Parties and their experts, investigators, advisors, or consultants shall be
3 destroyed or returned to counsel for the Producing Party. Upon request, a party and its counsel
4 shall separately provide written certification to the Producing Party that the actions required by
5 this paragraph have been completed. Upon request, a Producing Party may require that all
6 CONFIDENTIAL documents, including any copies of CONFIDENTIAL documents, are returned
7 within 14 days to the Producing Party.
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10.

This Order shall be without prejudice to the right of any party (a) to oppose

9 production of any information on any grounds allowed under the Federal Rules of Civil
10 Procedure, and decisional authority, (b) to use its own Confidential Information in any manner
11 that Producing Party desires, or (c) to seek and obtain, on an appropriate showing, such
12 additional protection with respect to Confidential Information as that party may consider
13 appropriate.
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11.

Any violation of the terms of this Protective Order may result in the imposition of

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such relief as the Court deems appropriate. All provisions of this Stipulation shall be binding on

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the Parties at signing, whether the Court enters the Stipulation as an Order or not. All

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provisions of this Order restricting the communication or use of Confidential Information shall

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continue to be binding after the conclusion of this action, including all appeals, unless otherwise

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agreed or ordered. The Court shall retain jurisdiction to enforce this Protective Order beyond the

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conclusion of this litigation, including personal jurisdiction over all persons subject to this

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Order.

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IT IS SO STIPULATED:

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24 Dated: December 24, 2014

CAROTHERS DISANTE & FREUDENBERGER LLP

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/S/ Joel Van Parys

By:

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CAROTHERS DiSANTE &
FREUDENBERGER LLP

879050.1

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER REGARDING
CONFIDENTIAL INFORMATION

Joel Van Parys
Attorneys for Defendants
A FAMILY AFFAIR, INC., et al.

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Dated: December 24, 2014

LAW OFFICE OF MICHAEL J. HARRINGTON

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signature on original
By:

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Michael J. Harrington
Attorneys for Plaintiff Ronnie Salvador

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8 Dated: December 24, 2014

GUICHARD, TENG & PORTELLO, A.P.C.

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signature on original

By:

William L. Portello
Attorneys for Plaintiff Ronnie Salvador

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ORDER
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Having reviewed the foregoing Stipulation and Protective Order submitted by the parties
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and good causing appearing therefore, it is ordered that the Protective Order shall be entered as the
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order of this Court.
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IT IS SO ORDERED.

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17 Dated: January 13, 2015.
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CAROTHERS DiSANTE &
FREUDENBERGER LLP

879050.1

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER REGARDING
CONFIDENTIAL INFORMATION