Medley v. McNeilus Truck and Manufacturing, Inc.

Filing 23

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/1/16. (Kaminski, H)

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Elizabeth V. McNulty (Bar No. 192455)
[e-mail]
Christine Diaz Reynolds (Bar No. 265566)
[e-mail]
TAYLOR | ANDERSON LLP
19100 Von Karman Avenue, Suite 820
Irvine, California 92612
Tel. No.: [phone]
Fax No.: [phone]
Attorneys for Defendant
McNEILUS TRUCK AND MANUFACTURING, INC.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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KENNETH MEDLEY,
Plaintiff,

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v.
McNEILUS TRUCK AND
MANUFACTURING, INC., and
DOES ONE through ONE HUNDRED,

Case No. 2:15-cv-02453-TLN-CKD
STIPULATED PROTECTIVE
ORDER
Judge:
Crt. Rm.:

Hon. th
Troy L. Nunley
2, 15 Floor

Defendants.

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Subject to the approval of this Court, the parties hereby stipulate to the
following protective order:
1)

In connection with discovery proceedings in this action, the parties

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may designate any document, thing, material, testimony or other information

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derived therefrom, as “Confidential” under the terms of this Stipulated Protective

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Order (hereinafter “Order”). Confidential information is information which has

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not been made public and which concerns or relates to the processes, operations,
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STIPULATED PROTECTIVE ORDER

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type or work, or apparatus, or to the production, sales, shipments, purchases,

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transfers, identification of customers, inventories, amount or source of any income,

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profits, losses, or expenditures of any persons, firm, partnership, corporation, or

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other organization, the disclosure of which information may have the effect of

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causing harm to the competitive position of the person, firm, partnership,

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corporation, or to the organization from which the information was obtained.

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2)

By designating a document, thing, material, testimony or other

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information derived therefrom as “confidential,” under the terms of this order, the

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party making the designation is certifying to the Court that there is a good faith

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basis both in law and in fact for the designation within the meaning of Federal

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Rule of Civil Procedure 26(g).

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3)

Confidential documents shall be so designated by stamping copies of

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the document produced to a party with the legend “CONFIDENTIAL.” Stamping

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the legend “CONFIDENTIAL” on the cover of any multipage document shall

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designate all pages of the document as confidential, unless otherwise indicated by

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the producing party. The “CONFIDENTIAL” legend shall not obstruct any text or

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image in the documents so designated.

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4)

Testimony taken at a deposition, conference, hearing or trial may be

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designated as confidential by making a statement to that effect on the record at the

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deposition or other proceeding.

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reporter taking and transcribing such proceeding to separately bind such portions

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of the transcript containing information designated as confidential, and to label

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such portions appropriately.

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5)

Arrangements shall be made with the court

Material designated as confidential under this Order, the information

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contained therein, and any summaries, copies, abstracts, or other documents

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derived in whole or in part from material designated as confidential (hereinafter

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“Confidential Material”) shall be used only for the purpose of the prosecution,

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defense, or settlement of this action, and for no other purpose.
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STIPULATED PROTECTIVE ORDER

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6)

Confidential Material produced pursuant to this Order may be

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disclosed or made available only to the Court, to counsel for a party (including the

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paralegal, clerical, and secretarial staff employed by such counsel), and to the

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“qualified persons” designated below:

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a) a party, or an officer, director, or employee of a party deemed necessary by

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counsel to aid in the prosecution, defense, or settlement of this action;

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b) experts or consultants (together with their clerical staff) retained by

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such counsel to assist in the prosecution, defense, or settlement of

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this action;

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c) court reporter(s) employed in this action;

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d) a witness at any deposition or other proceeding in this action;

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e) any other person as to whom the parties in writing agree.

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7)

Prior to receiving any Confidential Material, each “qualified person”

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shall be provided with a copy of this Order and shall execute a nondisclosure

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agreement in the form of Attachment A, a copy of which shall be provided

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forthwith to counsel for each other party. With respect to retained experts, they

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shall likewise execute Attachment A, but all copies of the Attachment A shall be

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retained by counsel for the party retaining the expert until the close of litigation, at

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which time they will be provided to each other party.

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8)

The parties may further designate certain discovery material or

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testimony

of

a

highly

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“CONFIDENTIAL—ATTORNEY’S EYES ONLY” (hereinafter “Attorney’s Eyes

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Only Material”), in the manner described in paragraphs 1 through 3 above.

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Attorney’s Eyes Only Material, and the information contained therein, shall be

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disclosed only to the Court, to counsel for the parties (including the paralegal,

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clerical, and secretarial staff employed by such counsel), and to the “qualified

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persons” listed in subparagraphs 6(a) through (e) above, but shall not be disclosed
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confidential

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and/or

proprietary

nature

as

STIPULATED PROTECTIVE ORDER

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to a party, or to an officer, director or employee of a party, unless otherwise agreed

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or ordered. If disclosure of Attorney’s Eyes Only Material is made pursuant to this

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paragraph, all other provisions in this order with respect to confidentiality shall

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also apply.

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9)

In the event that a challenge is Made to a CONFIDENTIAL

Designation, the following timing and procedures shall apply:
9.1

Timing of Challenges. Any Party or Non-Party may challenge

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a designation of confidentiality at any time. Unless a prompt challenge to a

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Designating Party’s confidentiality designation is necessary to avoid foreseeable,

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substantial unfairness, unnecessary economic burdens, or a significant disruption

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or delay of the litigation, a Party does not waive its right to challenge a

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confidentiality designation by electing not to mount a challenge promptly after the

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original designation is disclosed.

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9.2

Meet and Confer. The Challenging Party shall initiate the

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dispute resolution process by providing written notice of each designation it is

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challenging and describing the basis for each challenge. To avoid ambiguity as to

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whether a challenge has been made, the written notice must recite that the

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challenge to confidentiality is being made in accordance with this specific

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paragraph of the Protective Order. The parties shall attempt to resolve each

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challenge in good faith and must begin the process by conferring within 14 days of

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the date of service of notice. In conferring, the Challenging Party must explain the

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basis for its belief that the confidentiality designation was not proper and must give

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the Designating Party an opportunity to review the designated material, to

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reconsider the circumstances, and, if no change in designation is offered, to explain

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the basis for the chosen designation. A Challenging Party may proceed to the next

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stage of the challenge process only if it has engaged in this meet and confer

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process first or establishes that the Designating Party is unwilling to participate in

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the meet and confer process in a timely manner.
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STIPULATED PROTECTIVE ORDER

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9.3

Judicial Intervention. If the Parties cannot resolve a challenge without

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court intervention, the Designating Party shall file and serve a motion to retain

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confidentiality under Local Rules of the United States District Court, Eastern

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District of California, Rule 230 (and in compliance with Local Rule 141, if

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applicable) within 21 days of the initial notice of challenge or within 14 days of the

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parties agreeing that the meet and confer process will not resolve their dispute,

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whichever is earlier. Each such motion must be accompanied by a competent

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declaration affirming that the movant has complied with the meet and confer

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requirements imposed in the preceding paragraph. Failure by the Designating Party

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to make such a motion including the required declaration within 21 days (or 14

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days, if applicable) shall automatically waive the confidentiality designation for

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each challenged designation. In addition, the Challenging Party may file a motion

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challenging a confidentiality designation at any time if there is good cause for

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doing so, including a challenge to the designation of a deposition transcript or any

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portions thereof. Any motion brought pursuant to this provision must be

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accompanied by a competent declaration affirming that the movant has complied

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with the meet and confer requirements imposed by the preceding paragraph. The

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burden of persuasion in any such challenge proceeding shall be on the Designating

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Party. Frivolous challenges, and those made for an improper purpose (e.g., to

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harass or impose unnecessary expenses and burdens on other parties) may expose

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the Challenging Party to sanctions. Unless the Designating Party has waived the

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confidentiality designation by failing to file a motion to retain confidentiality as

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described above, all parties shall continue to afford the material in question the

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level of protection to which it is entitled under the Producing Party’s designation

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until the court rules on the challenge.

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10)

Nothing herein shall impose any restrictions on the use or disclosure

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by a party of material obtained by such party independent of discovery in this

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action, whether or not such material is also obtained through discovery in this
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STIPULATED PROTECTIVE ORDER

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action, or from disclosing its own Confidential Material as it deems appropriate.
11)

If Confidential Material, including any portion of a deposition

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transcript designated as Confidential or Attorney’s Eyes Only, is to be included in

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any papers to be filed in Court, the Party filing such papers shall first obtain a

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Court Order to file the Confidential Material under seal pursuant to Local Rules of

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the United States District Court, Eastern District of California, Rule 141. Any

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party filing such papers with the Court shall label the papers “Confidential—

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Subject to Court Order”. In the event that any Confidential Material is used in any

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court proceeding in this action, it shall not lose its confidential status through such

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use, and the party using such shall take all reasonable steps to maintain its

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confidentiality during such use.

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12)

This Order shall be without prejudice to the right of the parties (i) to

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bring before the Court at any time the question of whether any particular document

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or information is confidential or whether its use should be restricted or (ii) to

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present a motion to the Court under FRCP 26(c) for a separate protective order as

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to any particular document or information, including restrictions differing from

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those as specified herein. This Order shall not be deemed to prejudice the parties

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in any way in any future application for modification of this Order.

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13)

This Order is entered solely for the purpose of facilitating the

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exchange of documents and information between the parties to this action without

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involving the Court unnecessarily in the process. Nothing in this Order nor the

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production of any information or document under the terms of this Order nor any

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proceedings pursuant to this Order shall be deemed to have the effect of an

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admission or waiver by either party or of altering the confidentiality or non-

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confidentiality of any such document or information or altering any existing

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obligation of any party or the absence thereof.

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14)

This Order shall survive the final termination of this action, to the

extent that the information contained in Confidential Material is not or does not
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STIPULATED PROTECTIVE ORDER

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become known to the public, and the Court shall retain jurisdiction to resolve any

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dispute concerning the use of information disclosed hereunder. Upon termination

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of this case, counsel for the parties shall assemble and return to each other all

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documents, material and deposition transcripts designated as confidential and all

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copies of same, or shall certify the destruction thereof.

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SO STIPULATED:

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Dated:

October 25, 2016

WALKUP, MELODIA, KELLY &
SCHOENBERGER

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/s/ Spencer Pahlke (as authorized on
October 25, 2016)
Spencer Pahlke
Attorney for Plaintiff
KENNETH MEDLEY

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Dated:

October 25, 2016

TAYLOR | ANDERSON, LLP

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/s/ Elizabeth V. McNulty
Elizabeth V. McNulty
Christine Reynolds
Attorneys for Defendant
McNEILUS TRUCK AND
MANUFACTURING, INC.

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STIPULATED PROTECTIVE ORDER

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Dated:

October 25, 2016

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LENAHAN, LEE, SLATER
& PEARSE, LLP

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/s/ Adam Ambrozy (as authorized on
October 25, 2016)
Adam Ambrozy
Attorney for Plaintiff in Intervention
USA WASTE MANAGEMENT, INC.

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{00058360 }O0138006/4817-1904-0049-1

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STIPULATED PROTECTIVE ORDER

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ORDER
GOOD CAUSE APPEARING, the Court hereby approves this Stipulated
Protective Order.
IT IS SO ORDERED.
Dated: November 1, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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{00058360 }O0138006/4817-1904-0049-1

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STIPULATED PROTECTIVE ORDER