Roush et al v. MSI Inventory Service Corporation et al

Filing 18

ORDER signed by District Judge John A. Mendez on 5/22/2018 ORDERING Stipulated Protective Order is APPROVED. (Reader, L)

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Joseph W. Rose, State Bar No. 232261
[e-mail]
Mehran Tahoori, State Bar No. 283313
[e-mail]
ROSE LAW, APC
11335 Gold Express Drive, Suite 135
Gold River, California 95670
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorneys for Plaintiffs
KIM ROUSH, SHEILA EMMERLING, and
CINDY HENDERSON, individually and on
behalf of all other similarly situated

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ROSE LAW, APC
11335 GOLD EXPRESS DRIVE, SUITE 135
GOLD RIVER, CALIFORNIA 95670

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Howard A. Sagaser, State Bar No. 72492
Ian B. Wieland, State Bar No. 285721
David G. Litman, State Bar No. 285768
SAGASER, WATKINS & WIELAND, PC
5260 North Palm Avenue, Suite 400
Fresno, CA 93704
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
MSI INVENTORY SERVICE CORPORATION,
I-FRAN, INC. JAMES O’ MCCLAIN, AND
SANDRA B. MCCLAIN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIM ROUSH, SHEILA EMMERLING, and
21 CINDY HENDERSON, individually and on
behalf of all other similarly situated,
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Plaintiffs,

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Case No. 2:17−CV−01010−JAM−KJN
STIPULATED PROTECTIVE ORDER OF
CONFIDENTIALITY
ACTION FILED: May 13, 2017
JUDGE: Hon. John A. Mendez

v.

MSI INVENTORY SERVICE CORPORATION,
I-FRAN, INC., JAMES O. MCCLAIN, SANDRA
26 B. MCCLAIN, and DOES 1 through 20, inclusive,
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Defendants.

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2:17−CV−
01010−JA
M−KJN

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STIPULATED PROTECTIVE ORDER OF CONFIDENTIALITY
015395.00002 - 192901.1

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Subject to the further Order of this Court, and any modification which may be hereafter made

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in this Order upon request and cause shown by any of the parties hereto; and all parties having

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stipulated and agreed to the provisions of this Order and to the entry of this Order, it is hereby ordered

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that:

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1.

Any party or non-party may designate, where a reasonable basis for confidentiality

exists, (a) any document produced or to be produced by her/him/it, (b) any testimony or portion

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thereof and (c) any answer to an interrogatory in connection with this litigation as “Confidential” by a

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marking on the document, transcript or interrogatory answer itself. Additionally, a party may designate

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in writing, within thirty (30) days after receipt of said document, testimony, interrogatory answer, or of

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ROSE LAW, APC
11335 GOLD EXPRESS DRIVE, SUITE 135
GOLD RIVER, CALIFORNIA 95670

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the deposition 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. The foregoing document(s), testimony or portion

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thereof, and interrogatory answer, and/or any information contained therein, so designated are

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hereinafter collectively referred to as the “Confidential Information.”

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2.

The designation of Confidential Information shall be made by placing or affixing

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thereon (in such manner as will not interfere with the legibility thereof) the following notice:

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“CONFIDENTIAL”. Any document or page containing such notice, and the information contained on

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such document or page, shall be Confidential Information unless the party or non-party producing such

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document or page shall clearly indicate thereon that only a portion of the document or page is to be

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treated as confidential.

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3.

Any Confidential Information shall be received in confidence and kept secret by the

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undersigned attorneys, and except as hereinafter provided, any such Confidential Information shall not

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be disclosed to any person other than the undersigned attorneys, their office associates, paralegals, and

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legal support staff employees of such attorneys who may be assigned to this action, and then disclosed

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to and used by them only for the prosecution or defense of this action.

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4.

If a party contends that any material is not entitled to confidential treatment, such party

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may at any time give written notice to the party or non-party who designated the material. The party or

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non-party who designated the material shall have twenty-five (25) calendar days from the receipt of

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such written notice to apply to the Court for an order designating the material as confidential. The

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01010−JA
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STIPULATED PROTECTIVE ORDER OF CONFIDENTIALITY
015395.00002 - 192901.1

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party or non-party seeking the order has the burden of establishing that the document is entitled to

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protection.

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5.

Notwithstanding any challenge to the designation of material as Confidential

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Information, all documents shall be treated as such and shall be subject to the provisions hereof unless

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and until one of the following occurs:
(a)

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withdraws such designation in writing; or
(b)

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ROSE LAW, APC
11335 GOLD EXPRESS DRIVE, SUITE 135
GOLD RIVER, CALIFORNIA 95670

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

fails to apply to the Court for an order designating the material confidential within the time
period specified above after receipt of a written challenge to such designation; or
(c)

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the party or non-party claims that the material is Confidential Information

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the Court rules the material is not confidential.

Subject to the provisions of the following ordered paragraphs hereof, disclosure of the

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Confidential Information may be made by such attorneys, if necessary to the prosecution or defense of

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this action, to a party, officers, or employees of a party or to agents, expert consultants or others

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retained by a party specifically to assist in the prosecution or the defense of this action or to witnesses

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during depositions or at trial. In the event that any such document or information is so disclosed, the

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attorneys for such parties shall provide each such person with a copy of this Order and shall obtain

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acknowledgment from him or her in writing that he or she has received a copy of this Order and is

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familiar with the provisions thereof. All such persons shall be bound thereby, shall not use the

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Confidential Information for any purpose other than in connection with the prosecution or defense of

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this action, and shall not reveal the Confidential Information to any person.

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7.

Prior to making any disclosure of any Confidential Information (other than disclosure at

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any deposition or in any affidavit, brief or other paper filed in this action) to anyone other than the

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party, non-party who produced the Confidential Information, officers or directors of the parties and

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their employees, written notice shall be given to the attorneys for all parties and to all non-parties who

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produced any Confidential Information, by the attorneys proposing to make such disclosure. Such

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notice shall be given at least ten (10) business days prior to such proposed disclosure of such

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Confidential Information, such period to be measured from and to include the date of mailing thereof,

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STIPULATED PROTECTIVE ORDER OF CONFIDENTIALITY
015395.00002 - 192901.1

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and include (i) the name of each person to whom it is proposed to make such disclosure and (ii) a

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description of each such person, principal business affiliation and responsibilities. Upon receipt from

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the other parties, non-parties, or from their attorneys of the written objection to any disclosure

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proposed to be made pursuant to the preceding subparagraph of this ordering paragraph, the party

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proposing to make the disclosure of Confidential Information shall postpone such disclosure for at

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least five (5) business days, such period to be measured from and to include the date of mailing such

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objection, and, if a motion for a protective order is filed within that time, make no disclosure prior to a

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final resolution of that motion by this Court.
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No party or non-party shall file or submit for filing as part of the Court record any

ROSE LAW, APC
11335 GOLD EXPRESS DRIVE, SUITE 135
GOLD RIVER, CALIFORNIA 95670

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documents under seal without court approval as provided under Federal Rules of Civil Procedure, Rule

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5.2.

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9.

After the final termination of this action, the provisions hereof relating to the secrecy

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and confidential nature of the Confidential Information shall continue to be binding on all parties

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herein and the aforesaid officers, and employees, agents or others, and witnesses.

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10.

At the conclusion of the trial and/or appeal or other final termination of this action, all

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Confidential Information produced pursuant to Order (and all copies of such documents) shall be

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returned to the producing party or destroyed, and all summaries thereof or other documents containing

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or reflecting such Confidential Information, testimony or interrogatory answers or related information

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shall be destroyed. Return or destruction of Confidential Information shall occur within thirty (30)

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days following the conclusion of the trial and/or appeal or other final termination of this action.

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11.

This Court shall retain jurisdiction as to any application for modification or

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enforcement of the provisions of this Order which jurisdiction shall continue, with respect to the

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provisions of this Order, after final disposition of this action.

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12.

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

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protection, or to affect the ability of a party or non-party to seek relief for an inadvertent disclosure of

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material protected by privilege or work product protection.

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13.

Any witness or other person, firm or entity from which discovery is sought may be

informed of and may obtain the protection of this Order by written advice to the parties’ respective

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STIPULATED PROTECTIVE ORDER OF CONFIDENTIALITY
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counsel or by oral advice at the time of any deposition or similar proceeding.

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IT IS SO STIPULATED
Dated: May 22, 2018

ROSE LAW, A PROF. CORP.

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By: /s/ Joseph W. Rose

Joseph W. Rose
Attorneys for Plaintiffs
KIM ROUSH, SHEILA EMMERLING, and
CINDY HENDERSON, individually and on
behalf of all other similarly situated

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ROSE LAW, APC
11335 GOLD EXPRESS DRIVE, SUITE 135
GOLD RIVER, CALIFORNIA 95670

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Dated: May 22, 2018

SAGASER, WATKINS & WIELAND, PC

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By: /s/ Ian B. Wieland

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Ian B. Wieland
Attorney for Defendants
MSI INVENTORY SERVICE CORPORATION,
I-FRAN, INC. JAMES O’ MCCLAIN, AND
SANDRA B. MCCLAIN

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IT IS SO ORDERED

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Dated: 5/22/2018_________________

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/s/ John A. Mendez_______
U.S. District Court Judge

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2:17−CV−
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STIPULATED PROTECTIVE ORDER OF CONFIDENTIALITY
015395.00002 - 192901.1