Nelson et al v. Lowe's Home Centers, LLC

Filing 9

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 11/23/2015. (Michel, G.)

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CHARLES D. MAY, ESQ.; STATE BAR NO.: 129663
GENE B. SHARAGA, ESQ.; STATE BAR NO.: 131661
BRIAN J. KIM, ESQ.: STATE BAR NO.: 282538
THARPE & HOWELL, LLP
15250 Ventura Blvd,, Ninth Floor
Sherman Oaks, California 91403
[phone]; [phone] fax
E-Mail: [e-mail]
E-Mail: [e-mail]

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Attorneys for Defendant,
LOWE’S HOME CENTERS, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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TONIA NELSON, KRISTOPHER
PALLESEN, BRYAN GARCIA and
NICKOLAS NELSON,

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Plaintiffs,

No. 2:15-cv-0092-KJM-KJN (TEMP)
STIPULATION AND PROTECTIVE
ORDER

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vs.
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LOWE’S HOME CENTERS, INC.,
and DOES 1 through 50, inclusive,
Defendants.

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Plaintiffs TONIA NELSON, KRISTOPHER PALLESEN, BRYAN GARCIA

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and NICKOLAS NELSON (hereinafter referred to collectively as “Plaintiffs”) and

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Defendant, LOWE HOME CENTERS, LLC (hereinafter referred to as “Defendant”

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or “Lowe’s”), jointly submit this Stipulated Protective Order pursuant to United

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States District Court, Eastern District of California Local Rules 141.1(b)(1) limiting

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the use and disposition of certain information and documents during litigation of this

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matter. The parties agree that discovery in this action may yield documents and

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information of a sensitive and confidential nature, including but not limited to,

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Defendant’s proprietary policies and procedures, personnel files of present and

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former employees, incident reports, and other confidential information that may be

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subject to discovery in the proceedings in this matter but which should not be made

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available to the public generally. As a result, the parties have agreed to this jointly

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submitted Stipulated Protective Order and request that it be adopted by order of this

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Court.

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Purpose and Limitation

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As mentioned above, disclosure and discovery activity in this action are likely
to involve production of confidential, proprietary, or private information for which

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special protection from public disclosure and from use for any purpose other than

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prosecuting this litigation may be warranted. Accordingly, the parties hereby

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stipulate to and petition the court to enter the following Stipulated Protective Order.

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THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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The disclosure of any of the foregoing categories of information and/or

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documentation protected by this Order, including confidential business and financial

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information identified above, will have the effect of causing harm to the competitive

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and financial position of the person, firm, partnership, corporation, or to the

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organization from which the information was obtained. Unprotected disclosure of

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any of the above identified confidential information may further expose Defendant to

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unwarranted annoyance, embarrassment, and/or oppression.

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The parties acknowledge that this Protective Order does not confer blanket

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protections on all disclosures or responses to discovery and that the protection it

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affords from public disclosure and use extends only to the limited information that is

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entitled to confidential treatment under the applicable legal principles.

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The parties having agreed to the following terms governing the treatment of
confidential information governing the pre-trial phase of this action as follows:
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All documents produced or information disclosed and any other

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documents or records designated as “CONFIDENTIAL” by the Defendant shall be

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revealed only to a settlement officer, Plaintiffs, counsel of record in this case,

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paralegals and secretarial employees under counsel’s direct supervision, and such

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persons as are employed by counsel to act as experts in this action. The information

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designated as “CONFIDENTIAL” and disclosed only in accord with the terms of

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this paragraph may include, without limitation, documents and information

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containing Defendant’s policies and procedures, as well as personnel records,

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including disciplinary records, identity, information relating to the processes,

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operations, type of work, or apparatus, or the production, sales, shipments, transfers,

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identification of customers, inventories, amount or source of income, profits, losses,

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expenditures, or any research, development, or any other commercial information

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supplied by the Defendant in response to Plaintiffs’ Interrogatories or Requests for

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Production. Information and documentation considered “CONFIDENTIAL” are

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subject to protection under Civil Local Rule 141.1 of the U.S. District Court –

THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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Eastern District of California, Rule 26 of the Federal Rules of Civil Procedure, and

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under other provisions of Federal law.

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2.

Counsel for Plaintiffs shall use all documents and information produced

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or disclosed by the Defendant solely for the purposes of preparation for and trial of

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this action. Under no circumstances shall information or materials covered by this

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Protective Order be disclosed to anyone other than Plaintiffs’ counsel of record in

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this action, paralegals, secretarial employees under counsel’s direct supervision, and

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such persons employed to act as experts in this action. At the conclusion of the

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proceedings in this action, all documents and information subject to this Order,

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including any copies or extracts or summaries thereof, or documents containing

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information taken therefrom, shall be returned to counsel for the Defendant, at

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defense counsel’s written request.

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3.

Prior to disclosure of any documents designated as “confidential” to

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paralegals or secretarial employees of counsel or Plaintiffs, counsel for Plaintiffs

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shall require such employees to read this Protective Order and agree to be bound by

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its terms.

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If counsel for Plaintiffs determines that for purposes of this action,

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documents or information produced by the Defendant and designated as

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“confidential” must be revealed to a person employed to act as an expert in this

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action, then counsel may reveal the designated documents or information to such

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person, after first complying with the following:

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(a)

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Counsel for the Plaintiffs shall have the expert read this Order and shall
explain the contents thereof to such expert.

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(b)

Counsel for the Plaintiffs shall require such expert to sign a copy of this

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protective order that states: “I have read and understood the terms of

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this protective order. I further agree to be bound by its terms.” Nothing

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in this paragraph shall be deemed to enlarge the right of Defendant to

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conduct discovery of any of Plaintiffs’ experts, except solely with

THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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respect to the ability of such expert to protect confidential information

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and documents from re-disclosure.

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The Court’s Order is subject to revocation and modification by Order of

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the Court upon written stipulation of the parties, or upon motion and reasonable

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notice, including opportunity for hearing and presentation of evidence.

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Nothing contained in this Order is intended or should be construed as

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authorizing a party in this action to disobey a lawful subpoena issued in another

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action.

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Based on the foregoing, Plaintiffs TONIA NELSON, KRISTOPHER

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PALLESEN, BRYAN GARCIA and NICKOLAS NELSON and Defendant

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LOWE’S HOME CENTERS, LLC hereby request that this Court issue a protective

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-4STIPULATION AND PROTECTIVE ORDER

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order governing the treatment of confidential information in this matter.
IT IS SO STIPULATED.

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APPROVED FOR ENTRY:

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Dated: July 28, 2015

BOSTWICK & PETERSON

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/s/Erik L. Peterson
By:

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ERIK L. PETERSON
BLAKE BOSTWICK
Attorneys for Plaintiffs,
TONIA NELSON,
KRISTOPHER PALLESEN,
BRYAN GARCIA, and
NICKOLAS NELSON

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THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403-3221

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Dated: November 12, 2015

THARPE & HOWELL, LLP
/s/Brian J. Kim

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By:
CHARLES D. MAY
GENE B. SHARAGA
BRIAN J. KIM
Attorneys for Defendant,
LOWE’S HOME CENTERS, LLC

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: November 23, 2015

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/nelson0092.stip.prot.ord.docx

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