Ronquillo et al v. Koreana Plaza Market Sacramento, Inc.

Filing 10

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 12/15/16. (Becknal, R)

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EUGENE RYU, Bar No. 209104
MEL M.C. COLE, Bar No. 293265
BYUNG-KWAN PARK, BAR No. 306719
LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
Telephone:
415.433.1940
Facsimile:
415.399.8490
Attorneys for Defendant
KOREANA PLAZA MARKET SACRAMENTO,
INC.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JESUS F. RONQUILLO and
CECILIA M. HERNANDEZ,

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Plaintiffs,

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

v.

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Case No. 2:16-cv-02325-MCE-EFB

KOREANA PLAZA MARKET
SACRAMENTO, INC. and DOES 1
through 20 inclusive,

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Defendants.

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

[PROPOSED] STIPULATED PROTECTIVE
ORDER

1.

(No. 2:16-cv-02325-MCE-EFB)

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THE COURT HEREBY ENTERS THE FOLLOWING STIPULATED PROTECTIVE ORDER IN

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THE ABOVE-REFERENCED MATTER:

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Disclosure and discovery activity in this action are likely to involve

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production of confidential, proprietary, or private information for which special protection from

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public disclosure and from use for any purpose other than prosecuting this litigation may be

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warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following

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Stipulated Protective Order pursuant to Federal Rule of Civil Procedure 26 and Local Rule 141.1.

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TWO KINDS OF CONFIDENTIAL TREATMENT

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A.

Any party may, through counsel, designate documents or information as

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“CONFIDENTIAL” OR “CONFIDENTIAL – ATTORNEYS ONLY” to protect the confidentiality

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of matters that may constitute trade secrets, or proprietary information, or may be protected by

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personal privacy rights or other protected rights. The items parties may designate for this treatment

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include, but are not necessarily limited, to the following: documents (regardless of how they are

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generated, stored, or maintained); discovery requests and responses; transcripts of depositions;

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hearings and any other pre-trial motions; and any information contained in any of the foregoing

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(hereafter “Item” or “Items”).

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B.

The types of Items that the parties seek to prevent disclosure of include

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personal information of non-parties and confidential internal Defendant Koreana Plaza Market

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Sacramento, Inc. (“Koreana Market”) communications and/or documents, such as notes on Koreana

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Market’s future business plans. The protection of personal information of non-parties is necessary to

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safeguard their privacy interests, because the public disclosure of non-party personal information

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could lead to unwarranted embarrassment or harm to the non-party. The protection of internal

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Koreana Market communications and/or documents is necessary to safeguard Koreana Market’s

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financial and competitive interests, because the public disclosure of such communications and/or

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documents could lead their use by Koreana Market’s competitors to Koreana Market’s detriment.

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C.

Protection of Items should be addressed by this Court’s order as opposed to

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private agreement, because the imprimatur of a court order will enhance the effectiveness of the

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protections set out below. Also, this Court’s continuing jurisdiction to enforce this agreement will

LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

[PROPOSED] STIPULATED PROTECTIVE
ORDER

2.

(No. 2:16-cv-02325-MCE-EFB)

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enable the parties to remedy any breach of or disputes regarding this Stipulated Protective Order, as

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opposed to more cumbersome and uncertain procedures for enforcing a private agreement.

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D.

Items designated “CONFIDENTIAL” shall be used solely for purposes of this

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litigation, and shall be disclosed only to: the parties, their attorneys, their attorneys’ regular office

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staff, their expert witness (whether prospective or actual), any witness testifying at deposition or at

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trial in this action, the Court or the jury (provided the documents are filed under seal as provided for

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herein), an arbitrator or mediator, a discovery referee, any court reporter taking a deposition at which

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the information is used or disclosed, and any other person with the prior written consent of the party

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producing the document. For any party that is a corporation, the only persons to whom such items

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shall be disclosed are the corporation’s officers, directors, and in-house counsel, if any.
E.

Items designated “CONFIDENTIAL – ATTORNEYS ONLY” shall be used

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solely for purposes of this litigation, and shall be disclosed only to the parties’ outside counsel of

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record who are not employees of a party to this action, those attorneys’ regular office staff, their

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expert witness (whether prospective or actual), the Court or jury (provided they are filed under seal

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as called for herein), an arbitrator or mediator, any court reporter taking a deposition at which the

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information is being disclosed, any person who was an author or addressee of the document, who is

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shown on the document as having received a copy of it, or who is testifying on behalf of the person

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or entity that produced the document in this litigation, and any other person with the prior written

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consent of the party producing the document.

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F.

All persons (other than the parties herein, their attorneys, their attorneys’ staff,

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the Court and its personnel, the jury, or court reporters) who view any of the documents designated

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as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS ONLY,” must sign Exhibit A prior

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to any inspection of the documents. Exhibit A must then be forwarded to opposing counsel within

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five (5) court days. If a non-disclosed expert or consultant is viewing the confidential Item, then his

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or her name can be redacted from the copy served on opposing counsel.

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AGREEMENTS FOR BROADER DISCLOSURE

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G.

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

The parties may agree to broader disclosure of items designated

“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS ONLY,” but only through a writing
[PROPOSED] STIPULATED PROTECTIVE
ORDER

3.

(No. 2:16-cv-02325-MCE-EFB)

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signed by all attorneys who made or joined in the designation. Those agreements may require as a

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condition that any additional persons to whom confidential information is disclosed must first sign a

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document confirming that they have read, understand, and will abide by the terms of this stipulation.

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HOW TO DESIGNATE ITEMS FOR CONFIDENTIAL TREATMENT

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H.

If a party producing a paper document intends to designate it or any part of it

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for confidential treatment under this Stipulated Protective Order, that party shall mark all protected

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pages of the document to indicate that it is either “CONFIDENTIAL” or “CONFIDENTIAL –

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ATTORNEYS ONLY.” For Items produced in some form other than documentary and for any other

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tangible Items, the producing party shall mark “CONFIDENTIAL” or “CONFIDENTIAL –

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ATTORNEYS ONLY” in a prominent place on the exterior of the container or containers in which

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the information is stored.

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I.

If a party other than the producing party intends to designate an Item for

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confidential treatment under this Stipulated Protective Order, that party non-producing party shall

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inform the other parties of the designation promptly and in writing. Each party receiving the Item

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shall then add the appropriate legends set forth in the previous paragraph.

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J.

To designate a deposition or any party of it for confidential treatment, a party

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shall make the designation on the record during the deposition or by a letter promptly sent to

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opposing counsel after the deposition.

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delivered promptly to opposing counsel, or on the record at any proceeding.

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K.

Any other designations shall be made in writing and

If timely corrected, an inadvertent failure to designate qualified information or

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items does not, standing alone, waive a party’s right to secure protection under this Stipulated

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Protective Order for such material. Upon timely correction of a designation, the parties must make

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reasonable efforts to ensure that the material is treated in accordance with the provisions of this

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Stipulated Protective Order.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS

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L.

Any party or non-party may challenge a designation of confidentiality at any

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time. Unless a prompt challenge to a designating party’s confidentiality designation is necessary to

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avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption

LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

[PROPOSED] STIPULATED PROTECTIVE
ORDER

4.

(No. 2:16-cv-02325-MCE-EFB)

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or delay of the litigation, a party does not waive its right to challenge a confidentiality designation by

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electing not to mount a challenge promptly after the original designation is disclosed.

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M.

The party challenging another’s confidentiality designation shall initiate the

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

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describing the basis for each challenge. The parties shall attempt to resolve each challenge in good

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faith and must begin the process by conferring in writing within 14 calendar days of the date of

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service of notice. In conferring, the challenging party must explain the basis for its belief that the

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confidentiality designation was not proper and must give the designating party an opportunity to

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review the designated material, to reconsider the circumstances, and, if no change in designation is

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offered, to explain 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 process first or

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establishes that the designating party is unwilling to participate in the meet and confer process in a

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timely manner.

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N.

If the parties cannot resolve their dispute as to the confidential nature of the

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Item(s) at issue, the designating party may move this Court for a protective order preserving the

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confidentiality designation of the Item. Any such motion shall be supported by a declaration from

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counsel describing the meet and confer process. If the designating party fails to move for a

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protective order within 20 calendar days after good faith negotiations to resolve the dispute have

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failed, the confidential designation as to such material shall be deemed to have been withdrawn.

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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OTHER LITIGATION

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O.

If a party is served with a subpoena or a court order issued in other litigation

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that compels disclosure of any information or items designated in this action as “CONFIDENTIAL”

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or “CONFIDENTIAL – ATTORNEYS ONLY,” that party must:

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(a) promptly notify in writing the designating party. Such notification shall

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include a copy of the subpoena or court order;

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(b) promptly notify in writing the party who caused the subpoena or order to

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issue in the other litigation that some or all of the material covered by the

LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

[PROPOSED] STIPULATED PROTECTIVE
ORDER

5.

(No. 2:16-cv-02325-MCE-EFB)

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subpoena or order is subject to this Stipulated Protective Order. Such notification

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shall include a copy of this Stipulated Protective Order; and

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(c) cooperate with respect to all reasonable procedures sought to be pursued by

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the designating party whose Items may be affected.

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P.

If the designating party timely seeks a protective order, the party served with

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the subpoena or court order shall not produce any information designated in this action as

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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS ONLY” before a determination by the

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court from which the subpoena or order issued, unless the served party has obtained the designating

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party’s permission. The designating party shall bear the burden and expense of seeking protection in

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that court of its confidential material, and nothing in these provisions should be construed as

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authorizing or encouraging a party in this action to disobey a lawful directive from another court.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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Q.

If any party or counsel learns that, by inadvertence or otherwise, it has

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disclosed Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, that party must immediately (a) notify in writing the designating party

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of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

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Item(s), (c) inform the person or persons to whom unauthorized disclosures were made of all the

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terms of this Stipulated Protective Order, and (d) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

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FILING DOCUMENTS CONTAINING CONFIDENTIAL INFORMATION

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R.

Without written permission from the designating party or a court order

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secured after appropriate notice to all interested persons, a party may not file in the public record in

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this action any Items designated “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS

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ONLY.” A party that seeks to file under seal any Item with a confidentiality designation must

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comply with Local Rule 141. Confidential Items may only be filed under seal pursuant to a court

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order authorizing the sealing of the specific Items at issue. If a party’s request to file Items with a

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confidentiality designation under seal pursuant to Local Rule 141 is denied by this Court, then that

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party may file the information in the public record unless otherwise instructed by the court.

LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

[PROPOSED] STIPULATED PROTECTIVE
ORDER

6.

(No. 2:16-cv-02325-MCE-EFB)

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APPLICATION AND DURATION

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S.

This Stipulated Protective Order, and the limits it imposes on the disclosure

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and use of information, shall apply to any parties subsequently added to the litigation, and shall

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continue to apply even after the litigation is concluded unless the court orders otherwise or the

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parties all expressly agree in writing. This Stipulated Protective Order is imposed on the parties,

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their attorneys, their attorneys’ regular office staff, their expert witnesses (whether prospective or

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actual), and their consultants. Any unauthorized use or any documents or information contained in

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the document that has been designated as confidential shall may be punishable by contempt. The

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Items must be stored and maintained by counsel at a location and in a secure manner that ensures

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access is limited to the persons authorized under this Stipulated Protective Order.
T.

All documents that are subpoenaed and/or produced that are designated

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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS ONLY” and all Items that reflect

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information contained therein are to be returned or destroyed within 60 days once the disposition is

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final and all appeals in this matter have been exhausted. The party providing any Items to an expert

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witness (whether prospective or actual) and/or consultant is responsible for obtaining return of all

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documents designated “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS ONLY,” and

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expert witnesses (whether prospective or actual) and/or consultants are not permitted to retain any

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copies of any “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS ONLY” documents.

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Whether confidential Items are returned or destroyed, all parties must submit a written certification

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to the producing party (and, if not the same person or entity, to the designating party) by the 60-day

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deadline that (1) identifies (by category, where appropriate) all the Items that were returned or

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destroyed and (2) affirms that the receiving party has not retained any copies, abstracts,

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compilations, summaries, or any other format reproducing or capturing any of the Items.

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Notwithstanding this provision, counsel are entitled to retain an archival copy of all pleadings,

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discovery, motion papers, trial, deposition and hearing transcripts, legal memoranda,

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correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant

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and expert work product, even if such materials contain confidential Items. Any such archival

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copies that contain or constitute protected Items remain subject to this Stipulated Protective Order.

LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

[PROPOSED] STIPULATED PROTECTIVE
ORDER

7.

(No. 2:16-cv-02325-MCE-EFB)

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: December 12, 2016 ________

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EUGENE RYU
MEL M.C. COLE
BYUNG-KWAN PARK
Attorneys for Defendant
KOREANA PLAZA MARKET
SACRAMENTO, INC.

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/s/ __________________________________

DATED: December 12, 2016 ________

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/s/ Martin Velez (as authorized on 12/12/2016)
G. MARTIN VELEZ
Attorneys for Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: December 15, 2016.
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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

[PROPOSED] STIPULATED PROTECTIVE
ORDER

8.

(No. 2:16-cv-02325-MCE-EFB)

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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Re:

Jesus F. Ronquillo & Cecilia M. Hernandez v. Koreana Plaza Market Sacramento, Inc.
Case No. 2:16-cv-02325-MCE-EFB

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I, _____________________________ [print or type full name], declare under penalty

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of perjury that I have read in its entirety and understand the Stipulated Protective Order that was

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issued by the United States District Court for the Eastern District of California in the above-

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referenced case. I agree to comply with and to be bound by all the terms of this Stipulated Protective

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Order and I understand and acknowledge that failure to so comply could expose me to sanctions and

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punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any

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information or item that is subject to this Stipulated Protective Order to any person or entity except

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in strict compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court for the

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Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective

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Order, even if such enforcement proceedings occur after termination of this action.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________

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Firmwide:144296964.1 082333.1004

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

[PROPOSED] STIPULATED PROTECTIVE
ORDER

9.

(No. 2:16-cv-02325-MCE-EFB)