Stallsmith v. Linder Psychiatric Group, Inc. et al

Filing 24

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/2/2015. (Michel, G.)

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LAW CORPORATION

400 Capitol Mall, 11th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
LINDER PSYCHIATRIC GROUP, INC.
Erick C. Turner, State Bar No. 236186
[e-mail]
Turner Law Group
1104 Corporate Way
Sacramento, CA 95831
Telephone: [phone]

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Brian S. Crone, State Bar No. 191731
[e-mail]
The Law Office of Brian Crone
1104 Corporate Way
Sacramento, CA 95831
Telephone: [phone]

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Attorney for Plaintiff JOELLE STALLSMITH

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LAW CORPORATION

weintraub tobin chediak coleman grodin

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Alden J. Parker, State Bar No. 196808
[e-mail]
Melissa M. Whitehead, State Bar No. 262123
[e-mail]
weintraub tobin chediak coleman grodin

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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JOELLE STALLSMITH, on behalf of herself
and all others similarly situated,
Plaintiff,

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v.
LINDER PSYCHIATRIC GROUP, INC., a
California Corporation; DAVID LINDER,
M.D., an individual; RENAE LINDER, an
individual; and DOES 1 to 100, inclusive,

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Defendants.

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Case No. 2:15-cv-00667-MCE-CKD
STIPULATED PROTECTIVE ORDER AND
CERTIFICATE REGARDING
CONFIDENTIALITY

Action Filed: November 18, 2014
First Amended Complaint: February 17,
2015
Action Removed: March 24, 2015

CAPTION CONTINUED ON PAGE 2

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STIPULATED PROTECTIVE ORDER AND
CERTIFICATE REGARDING CONFIDENTIALITY

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LINDER PSYCHIATRIC GROUP, a California )
Corporation
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Counter-Claimant,
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v.
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JOELLE STALLSMITH, an individual; and )
ROES 1 to 100, inclusive,
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Counter-Defendants.
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In order to protect the confidentiality of confidential information obtained by the

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parties in connection with this case, the parties hereby agree to the following, upon the
Court’s entry of the order discussed herein:
Part One: Use of Confidential Materials in Discovery

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1.

Any party or non-party may designate as “Confidential Information” (by

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stamping the relevant page or as otherwise set forth herein) any document or response

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LAW CORPORATION

weintraub tobin chediak coleman grodin

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to discovery which that party or non-party considers in good faith to contain information

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involving trade secrets, confidential business or private or personal financial information,

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or information protected by third party privacy rights, subject to Federal Rule of Civil

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Procedure 5.2, or under other provisions of California and/or federal law.

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document or response consists of more than one page, the first page and each page on

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which confidential information appears shall be so designated. Any other party may

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object to such proposal, in writing or on the record. Upon such objection, the parties

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shall follow the procedures described in paragraph 8 below, and counsel for all parties

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shall be responsible for marking all previously unmarked copies of the designated

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material in their possession or control with the specified designation.

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2.

Where a

A party or non-party may designate information disclosed during a

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deposition or in response to written discovery as “confidential” by so indicating in said

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responses or on the record at the deposition and requesting the preparation of a

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separate transcript of such material. In addition, a party or non-party may designate in

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writing, within twenty (20) days after receipt of said responses or of the deposition
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STIPULATED PROTECTIVE ORDER AND
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transcript for which the designation is proposed, that specific pages of the transcript

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and/or specific responses be treated as “Confidential Information.” Any other party may

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object to such proposal, in writing or on the record. Upon such objection, the parties

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shall follow the procedures described in paragraph 8 below, and counsel for all parties

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shall be responsible for marking all previously unmarked copies of the designated

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material in their possession or control with the specified designation.

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3.

All Confidential Information produced or exchanged in the course of this

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case (not including information that is publicly available or that has been previously

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produced in this action) shall be used by the party or parties to whom the information is

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produced solely for the purpose of this case.
4.

Except with the prior written consent of the other parties, or upon prior

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order of this Court obtained upon notice to opposing counsel, Confidential Information

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shall not be disclosed to any person other than:

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LAW CORPORATION

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a)

Counsel for the respective parties to this litigation, including, in-

house counsel and co-counsel retained for this litigation;

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b)

Employees of such counsel;

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c)

Individual parties or officers or employees of a party for the

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prosecution or defense of this litigation;
d)

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Consultants or expert witnesses retained for the prosecution or

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defense of this litigation, provided that each person shall execute a copy of the

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Certification annexed to this Order (which shall be retained by counsel to the party so

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disclosing the Confidential Information and made available for inspection by opposing

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counsel during the pendency or after the termination of the action only upon good cause

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shown and upon order of the Court) before being shown or given any Confidential

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Information, and provided that if the party chooses a consultant or expert employed by

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the defendant or one of its competitors (as listed on Appendix A), the party shall notify

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the opposing party, or designating non-party, before disclosing any Confidential

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STIPULATED PROTECTIVE ORDER AND
CERTIFICATE REGARDING CONFIDENTIALITY

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Information to that individual and shall give the opposing party an opportunity to move

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for a protective order preventing or limiting such disclosure;

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e)

Any authors or recipients of the Confidential Information;

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f)

The Court, court personnel, and court reporters; and

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g)

Witnesses (other than person described in paragraph 4 e). A witness

shall sign the Certification before being shown a confidential document. Confidential

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Information may be disclosed to a witness who will not sign the Certification only in a

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deposition in which the party who designated the Confidential Information is represented

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or has been given notice that Confidential Information produced by the party may be

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used. At the request of any party, the portion of the deposition transcript involving the

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Confidential Information shall be designated “Confidential” pursuant to paragraph 2

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above. Witnesses shown Confidential Information shall not be allowed to retain copies.

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5.

Any persons receiving Confidential Information shall not reveal or discuss

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LAW CORPORATION

weintraub tobin chediak coleman grodin

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such information to or with any person who is not entitled to receive such information,

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except as set forth herein.

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6.

In connection with discovery proceedings as to which a party submits

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Confidential Information, all documents and chamber copies containing Confidential

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Information which are submitted to the Court shall be filed with the Court in sealed

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envelopes or other appropriate sealed containers, concurrently with a Request to Seal, in

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compliance with Eastern District Local Rule 141.

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7.

A party may designate as “Confidential Information” documents or

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discovery materials produced by a non-party by providing written notice to all parties of

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the relevant document numbers or other identification within thirty (30) days after

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receiving such documents or discovery materials. Any party or non-party may voluntarily

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disclose to others without restriction any information designated by that party or non-

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party as Confidential Information, although a document may lose its confidential status if

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it is made public.

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STIPULATED PROTECTIVE ORDER AND
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If a party contends that any material is not entitled to confidential

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treatment, such party may at any time give written notice to the party or non-party who

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designated the material. The party or non-party who objects to the designation of the

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material as Confidential shall have twenty-five (25) days from the receipt of such written

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notice to apply to the Court for an order removing the designation of the material as

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confidential. The party or non-party seeking the order has the burden of establishing that

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the document is not entitled to protection.

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Notwithstanding any challenge to the designation of material as

Confidential Information, all documents shall be treated as such and shall be subject to
the provisions hereof unless and until one of the following occurs:

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a)

The party or non-party who claims that the material is Confidential

Information withdraws such designation in writing; or

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b)

The party or non-party who claims that the material is Confidential

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LAW CORPORATION

weintraub tobin chediak coleman grodin

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9.

Information fails to apply to the Court for an order designating the material confidential

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within the time period specified above after receipt of a written challenge to such

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designation; or

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c)

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10.

The Court rules the material is not Confidential Information.

All provisions of this Order restricting the communication or use of

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Confidential Information shall continue to be binding after the conclusion of the action,

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unless otherwise agreed or ordered.

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possession of Confidential Information, other than that which is contained in pleadings,

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correspondence, and deposition transcripts, shall either (a) return such documents no

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later than thirty (30) days after conclusion of this action to counsel for the party or non-

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party who provided such information, or (b) destroy such documents within the time

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period upon consent of the party who provided the information and certify in writing

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within thirty (30) days that the documents have been destroyed. Notwithstanding the

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foregoing, counsel for each party may retain, as part of his or her client files, one (1) copy

Upon conclusion of the litigation, a party in

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STIPULATED PROTECTIVE ORDER AND
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of said material consistent with the firm’s document retention policies, but shall maintain

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the confidential nature of the information.

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Nothing herein shall be deemed to waive any applicable privilege or work

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product protection, or to affect the ability of a party to seek relief for an inadvertent

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disclosure of material protected by privilege or work product protection. Any witness or

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other person, firm or entity from which discovery is sought may be informed of and may

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obtain the protection of this Order by written advice to the parties’ respective counsel or

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by oral advice at the time of any deposition or similar proceeding.
Part Two: Use of Confidential Materials in Court

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The following provisions govern the treatment of Confidential Information used at

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trial or submitted as a basis for adjudication of matters other than discovery motions or

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proceedings.

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LAW CORPORATION

weintraub tobin chediak coleman grodin

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These provisions are subject to Federal Rules of Civil Procedure 26 and 5.2 and
Eastern District Local Rule 141 and must be construed in light of those Rules.
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A party that files with the Court, or seeks to use at trial, materials

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designated as Confidential Information, and who seeks to have the record containing

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such information sealed, shall submit to the Court a request to seal, pursuant to Federal

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Rule of Civil Procedure 5.2 and Eastern District Local Rule 141.

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13.

A party that files with the Court, or seeks to use at trial, materials

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designated as Confidential Information by anyone other than itself, and who does not

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seek to have the record containing such information sealed, shall comply the following

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requirement:
a)

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At least ten (10) business days prior to the filing or use of the

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Confidential Information, the submitting party shall give notice to all parties, and to any

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non-party that designated the materials as Confidential Information pursuant to this

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Order, of the submitting party’s intention to file or use the Confidential Information,

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including specific identification of the Confidential Information. Any affected party or

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STIPULATED PROTECTIVE ORDER AND
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non-party may then file a request to seal, pursuant to Federal Rule of Civil Procedure 5.2

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and Eastern District Local Rule 141; or

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In connection with a request to have materials sealed pursuant

to Section 12 or Section 13, the moving party shall submit a “Notice of Request to Seal

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Documents,” a “Request to Seal Documents,” a proposed order, and all documents

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covered by the request. The “Notice of Request to Seal Documents” shall describe

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generally the documents sought to be sealed, the basis for sealing, the manner in which

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the “Request to Seal Documents,” proposed order, and the documents themselves were

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submitted to the Court, and whether the Request, proposed order, and documents were

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served on all other parties, as well any other information or documents required by

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Eastern District Local Rule 141.

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15.

This Stipulated Protective Order and any written modification hereof may be

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enforced by the Court either on its own motion or by any party, after appropriate notice

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LAW CORPORATION

weintraub tobin chediak coleman grodin

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and motion, including without limitation, for sanctions pursuant to Federal Rules of Civil

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Procedure 11 and 37.

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IT IS SO STIPULATED BY THE PARTIES AND THROUGH COUNSEL OF RECORD.

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Dated: December 1, 2015

Brian S. Crone, Attorney At Law

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By:

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s/ Brian S. Crone
Brian S. Crone
Attorney for Plaintiff
JOELLE STALLSMITH

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Dated: December 1, 2015

weintraub tobin chediak coleman grodin
LAW CORPORATION

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By:

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s/ Alden J. Parker
Alden J. Parker
Attorneys for Defendant
LINDER PSYCHIATRIC GROUP, INC.
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STIPULATED PROTECTIVE ORDER AND
CERTIFICATE REGARDING CONFIDENTIALITY

ORDER

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Based upon the Stipulation of the parties and good cause appearing therefore, it is
so ordered.
Dated: December 2, 2015

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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LAW CORPORATION

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STIPULATED PROTECTIVE ORDER AND
CERTIFICATE REGARDING CONFIDENTIALITY

CERTIFICATION

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I hereby certify my understanding that Confidential Information is being provided

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to me pursuant to the terms and restrictions of the Stipulated Protective Order and Order

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dated ____________________, 2015, in Stallsmith v. Linder Psychiatric Group, Inc., et al, United

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States District Court, Eastern District of California, Case No. 2:15-cv-00667-MCE-CKD. I

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have been given a copy of the Order and read it.

anyone, except as allowed by the Order. I will maintain all such Confidential Information

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– including copies, notes, or other transcriptions made therefrom – in a secure manner to

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prevent unauthorized access to it. No later than thirty (30) days after the conclusion of

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this action, or sooner if requested, I will return the Confidential Information – including

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copies, notes or other transcriptions made therefrom – to the counsel who provided me

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with the Confidential Information. I hereby consent to the jurisdiction of the United

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LAW CORPORATION

I agree to be bound by the Order. I will not reveal the Confidential Information to

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weintraub tobin chediak coleman grodin

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States District Court, Eastern District of California, for the purpose of enforcing the

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Confidentiality Order.
I declare under penalty of perjury that the foregoing is true and correct and that

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this

certificate

is

executed

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this

____

day

of

___________,

201_,

at

____________________________________.

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By:

___________________________________

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Address: _________________________________

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_________________________________

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Phone: __________________________________

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STIPULATED PROTECTIVE ORDER AND
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