DeCoteau v. Chrysler Group, LLC

Filing 69

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 6/27/2017. (Michel, G.)

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1 Robert E. Davies (SBN 106810) 2 Mary A. Stewart (SBN 106758) 3 DONAHUE DAVIES LLP 4 P.O. Box 277010 5 Sacramento, CA 95827 Telephone: (916) 817-2900 6 Facsimile: (916) 817-2644 7 Kathy A. Wisniewski (admitted pro hac vice) 8 9 Stephen A. D’Aunoy (admitted pro hac vice) 10 THOMPSON COBURN LLP 11 One US Bank Plaza 12 St. Louis, Missouri 63101 Telephone: (314) 552-6000 13 Facsimile: (314) 552-7000 14 Attorneys for Defendant FCA US LLC (f/k/a Chrysler Group LLC) 15 16 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 18 19 DEBORAH DeCOTEAU, et al., 20 Plaintiff, 21 22 v. 23 CHRYSLER GROUP LLC (n/k/a FCA US, 24 LLC), et al., 25 Case No. 2:15-cv-00020-MCE-EFB STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS Defendant. 26 27 28 STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS 1 IT IS HEREBY AGREED AND ORDERED: 2 1. In connection with discovery furnished by any of the parties (or any of 3 their present and former directors, officers, employees, and agents) in the above4 captioned action (the “Action”), any party may designate any document as 5 “Confidential” under this Stipulated Protective Order Regarding Confidentiality and 6 Return of Documents (the “Order”) if that party and its counsel in good faith believe 7 that the designated restriction is appropriate because the document contains or 8 reflects trade secrets or other confidential research and development, financial, or 9 commercial information, or personal information regarding individuals. Documents 10 designated as “Confidential” shall be limited to documents which have not been 11 made public and in which the disclosing party in good faith believes will, if 12 disclosed, have the effect of causing harm to its business or competitive position or 13 the personal privacy of the individual disclosing it. 14 2. Any documents to be designated as “Confidential” may be so 15 designated by labeling the documents with the term “Confidential” prior to their 16 production. Similarly, documents produced on DVD, CD, or other media may be 17 designated as “Confidential” by labeling the media as “Confidential” or placing the 18 electronic file in a folder labeled “Confidential.” Labeling “Confidential” on the 19 cover of any multi-page document shall so designate all pages of such document, 20 unless otherwise indicated by the designating party. Within four weeks of receiving 21 a deposition transcript, any party may designate any or all portions of it as 22 “Confidential” by written notice served on the opposing party identifying the pages 23 or lines that are to be afforded “Confidential” treatment. During the four-week 24 period following receipt of the deposition transcript, it shall be treated as 25 “Confidential,” unless otherwise agreed to by the parties. Alternatively, a party may 26 designate all or any part of a deposition as “Confidential” by stating on the record 27 28 1 STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS 1 during the deposition that all or part of the deposition should be so treated. The 2 term “document” as used throughout this Order includes any deposition transcript. 3 3. The production by any party of any “Confidential” documents during 4 this Action without a “Confidential” designation shall be without prejudice to any 5 claim that such material should be treated as “Confidential” and such party shall not 6 be held to have waived any rights by such production or disclosure. In the event 7 that such production occurs, counsel for the producing party may designate the 8 documents as “Confidential.” 9 4. In the event that any party objects to the designation of any documents 10 as “Confidential,” that party may serve written notice on all parties specifying which 11 documents are improperly designated. During the seven (7) day period following 12 service of such a notice, the parties shall confer in an effort to resolve the objections. 13 If the dispute is not resolved, the parties will follow the procedures set forth in Local 14 Rule 251 governing discovery disputes to resolve whether the documents should be 15 treated as “Confidential.” The specified documents shall continue to be treated as 16 “Confidential” pending resolution of the dispute by the Court. The party seeking to 17 designate the document(s) as “Confidential” shall have the burden to establish that 18 the document(s) qualify as “Confidential.” 19 5. Documents designated as “Confidential” (and any “Confidential” 20 information contained therein or any “Confidential” information that is utilized or 21 placed in another document) may be disclosed or made available by the receiving 22 party only to the following: 23 (a) The Court (including the Court’s administrative and clerical staff). If 24 any papers to be filed with the Court contain “Confidential” 25 information, the proposed filing shall be accompanied by an application 26 in compliance with Local Rule 141 to file the papers or portion thereof 27 28 2 STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS 1 containing the protected information under seal, and the application 2 shall be directed to the judge to whom the papers are directed. 3 (b) Attorneys of record and in-house attorneys in the Action, as well as the 4 lawyers, paralegals, clerical and secretarial staff employed by and 5 working for such attorneys on this case. 6 (c) The parties as well as those officers, directors, in-house attorneys, or 7 employees of the parties who are actively involved in the Action or 8 who are otherwise necessary to aid counsel in the Action. 9 (d) Court reporters transcribing depositions in the Action. 10 (e) Any deposition, trial, or hearing witness in the Action, so long as they 11 12 execute the form attached hereto as Exhibit A. (f) Any expert witness or consultant, which shall be defined to mean a 13 person who has been retained by one of the parties in good faith to 14 serve as an expert witness or consultant (whether or not retained to 15 testify at trial) in connection with this Action, including any person 16 working directly under the supervision of any such expert witness or 17 consultant, provided that prior to the disclosure of documents 18 designated as “Confidential” to any expert witness or consultant, the 19 party making the disclosure shall deliver a copy of this Order to such 20 person, shall explain its terms to such person, and shall secure the 21 signature of such person on the form attached hereto as Exhibit A. 22 23 (g) Any other persons to whom the parties all agree in writing and who executes the form attached hereto as Exhibit A. 24 Nothing contained herein is intended to prevent either party from using 25 “Confidential” documents or information at a hearing or trial in this matter; 26 however, the parties shall take steps at the appropriate time to protect the 27 28 3 STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS 1 confidential nature of the information and the use and treatment of such information 2 will be addressed by separate Order. 3 6. Documents designated as “Confidential” and information contained 4 therein, shall not be disclosed to any person except in accordance with this Order 5 and shall be used by the persons receiving them only for the purposes of preparing 6 for, conducting, and/or participating in the conduct of this Action, and not for any 7 business, personal, or other purpose whatsoever. 8 7. Within thirty (30) days after the later of (i) final judgment or settlement 9 of the Action and (ii) after the time for any and all appeals has expired, the parties 10 and their counsel shall return to counsel for the producing party or third-party all 11 documents produced in this Action and all copies thereof. Alternatively, the parties 12 and their counsel may agree in writing on appropriate alternative methods for the 13 destruction of such documents. Within the same thirty (30) day period, counsel 14 shall supply to the producing party copies of each statement in the form attached 15 hereto as Exhibit A that were signed pursuant to paragraph 5 of this Order. Each 16 counsel of record for the receiving party may retain only one archival copy of: 17 deposition exhibits; exhibits used in proceedings before the Court; documents 18 included in submissions to the Court; and “Confidential” information to the extent it 19 is included in such papers or reflected in that counsel’s work product. 20 8. Any documents produced by a non-party witness in discovery in the 21 Action pursuant to subpoena or otherwise may be designated by such non-party as 22 “Confidential” under the terms of this Order, and such designation shall have the 23 same force and effect, and create the same duties, obligations, and remedies as if 24 made by one of the parties hereto. 25 9. If a party is served with a subpoena issued in other litigation that 26 compels disclosure of any information or items designated in this action as 27 28 4 STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS 1 “Confidential” that party must: (a) promptly notify in writing the designating party 2 and such notification shall include a copy of the subpoena; (b) promptly notify in 3 writing the party who caused the subpoena to issue in the other litigation that some 4 or all of the material covered by the subpoena is subject to this Stipulated Protective 5 Order and such notification shall include a copy of this Stipulated Protective Order; 6 and (c) cooperate with respect to all reasonable procedures sought to be pursued by 7 the designating party whose protected material may be affected. If the designating 8 party timely seeks a protective order, the party served with the subpoena shall not 9 produce any information designated “Confidential” before a determination by the 10 court from which the subpoena was issued, unless otherwise agreed to by the 11 designating party. Nothing in this Order shall be construed as authorizing a party to 12 disobey a lawful subpoena issued in another action. 13 10. The production of confidential documents by FCA US shall not 14 constitute a waiver of any privilege or other claim or right of withholding or 15 confidentiality that it may have. The terms of this protective order do not preclude 16 FCA US from providing confidential and/or protected information and documents to 17 the National Highway Traffic Safety Administration (NHTSA), either voluntarily or 18 in connection with FCA US’s obligations under the National Traffic and Motor 19 Vehicle Safety Act of 1966 (Safety Act), 49 U.S.C. § 30101, et. seq. 20 11. If information subject to a claim of attorney-client privilege, attorney 21 work product or any other ground on which production of such information should 22 not be made to a party is nevertheless inadvertently produced, such production shall 23 in no way prejudice or otherwise constitute a waiver of, or estoppel as to, any claim 24 of privilege, work product or other ground for withholding production to which the 25 producing party would otherwise be entitled. Any and all facially privileged or 26 work product materials inadvertently produced shall be returned or destroyed 27 28 5 STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS 1 promptly, when discovered. Any other inadvertently produced privileged materials 2 shall be promptly returned or destroyed upon the request of the producing party. 3 12. This Order may be amended or modified only by the Court. 4 5 Dated: June 26, 2017 DONAHUE DAVIES LLP 6 7 8 9 10 11 Dated: June 26, 2017 12 By: /s/ Robert E. Davies Mary A. Stewart Gregory A. Nelson Attorneys for Defendant FCA US LLC CAPSTONE LAW APC 13 By: /s/ Jordan L. Lurie Tarek H. Zohdy Cody R. Padgett Karen L. Wallace Attorneys for Plaintiffs Deborah DeCoteau and Liliana Navia 14 15 16 17 18 19 20 IT IS SO ORDERED. 21 22 Dated: June 27, 2017 23 24 Hon. Edmund F. Brennan United States Magistrate Judge 25 26 27 28 6 STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS 1 EXHIBIT A 2 3 4 1. I, _____________________, residing at 5 ______________________________ have read the foregoing Stipulated Protective 6 Order Regarding Confidentiality and Return of Documents (the “Order”) in the 7 action captioned Deborah DeCoteau, et al. v. FCA US LLC, 2:15-CU-00020-MCE8 EFB, pending in the United States District Court for the Eastern District of 9 California, Sacramento Division. I agree to be bound by its terms with respect to 10 any documents designated as “Confidential” that are furnished to me as set forth in 11 the Order. I further agree to return documents to the producing party or third party 12 according to the terms of paragraph 7 of that Order. 13 2. I hereby consent to the jurisdiction of the Court in which the Action is 14 pending with respect to any proceedings to enforce the terms of the Order against 15 me. 16 17 18 19 20 21 3. I hereby agree that any documents designated as “Confidential” that are furnished to me will be used by me only for the purposes of the Action, and for no other purpose, and will not be used by me in any business affairs of my employer or of my own, nor will the information contained therein be imparted by me to any other person. 22 23 __________________________________ 24 Signature 25 ______________________ Date 26 27 28 7 STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND RETURN OF DOCUMENTS

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