Mills v. Accenture LLP et al

Filing 17

STIPULATION AND PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 4/9/18. (Mena-Sanchez, L)

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WILSON TURNER KOSMO LLP
MARISSA L. LYFTOGT (259559)
KRYSTAL N. WEAVER (286930)
550 West C Street, Suite 1050
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendants
ACCENTURE LLP, ACCENTURE LLC and
ZENTA MORTGAGE SERVICES, LLC
JML LAW APLC
JOSEPH M. LOVRETOVICH (73403)
MYTHILY SIVARAJAH (252494)
21052 Oxnard Street
Woodland Hills, California 91367
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiff
RICHARD MILLS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD MILLS, an individual,

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Case No. 2:18-CV-00184-MCE-KJN

Plaintiff,

STIPULATION FOR PROTECTIVE
ORDER

v.
Complaint Filed: December 5, 2017
ACCENTURE LLP, an Illinois limited liability
partnership; ACCENTURE LLC, an Illinois
District Judge: Hon. Morrison C. England, Jr.
limited liability company; ZENTA MORTGAGE
SERVICES, LLC, a Delaware limited liability
Magistrate
company; and DOES 1-50 inclusive,
Judge:
Hon. Kendall J. Newman
Defendants.

Trial Date:

Not Set

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Case No. 2:18-CV-00184-MCE-KJN
STIPULATION FOR PROTECTIVE ORDER

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IT IS HEREBY STIPULATED, by and between Plaintiff RICHARD MILLS

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(“PLAINTIFF”) and DEFENDANTS ACCENTURE LLP, ACCENTURE LLC and ZENTA

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MORTGAGE SERVICES, LLC (collectively, “DEFENDANTS”), by and through their respective

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counsel of record, as follows:

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WHEREAS, the Parties expect that discovery in this action will encompass confidential and

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proprietary documents and trade secrets of one or more of the Parties, including, without limitation,

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employee personnel files, human resources investigation documents, employee performance

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evaluations, employee termination documents, training manuals, policies and procedures, business

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strategies, internal communications and/or processes or systems, PLAINTIFF’S medical and/or

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psychiatric records, communications between PLAINTIFF and his medical providers, and

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potentially other non-public information of PLAINTIFF or other individuals.

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THEREFORE, the Parties request, through this Stipulated Protective Order, that the Court

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enter a Protective Order as follows:

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I.

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SCOPE OF, AND PARTICULARIZED NEED FOR, A PROTECTIVE ORDER
A.

Pursuant to Civil Local Rule 141.1(c)(1), the types of information eligible for

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protection include any information, document, thing, or portion of any document or thing (including

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deposition testimony and exhibits thereto) which the producing party otherwise believes in good

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faith: (a) contains trade secrets, competitively sensitive technical, marketing, financial, sales,

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security features of the party’s products or property or other confidential business information which

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the party takes appropriate efforts to keep confidential; (b) contains private or confidential personal

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information (including customer information), including, but not limited to, home addresses,

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electronic mail addresses, Social Security numbers, financial account numbers, driver's license

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numbers, dates of birth, employment information; (c) contains information received in confidence

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from third parties; or (d) which the producing party otherwise believes in good faith to be entitled to

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protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure (collectively,

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“Confidential Information”).

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B.

Pursuant to Civil Local Rule 141.1(c)(2), there is a need to protect each category of

documents, things, or portions of any document or thing referred to in Section I.A, because a party’s

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STIPULATION FOR PROTECTIVE ORDER

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trade secrets, confidential, competitive, or proprietary information could be abused if its use were

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not limited to this lawsuit. For example, third party competitors could exploit the following types of

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confidential information to their advantage were it made public: (1) a party’s financial information;

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(2) research, development, and technical information and specifications; and (3) customer

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information. In some cases, disclosure of this type of confidential information could breach

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confidentiality agreements or violate private consumer protection laws.

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C.

Pursuant to Civil Local Rule 141.1(c)(3), the Parties seek a Protective Order , as

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opposed to entering into a private agreement, because the proposed Protective Order provides a

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mechanism for the resolution of disputes and handling of designated evidence that involves the

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Court and this litigation.

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D.

This Order shall not deprive any party of its right to object to discovery by any other

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party or on any otherwise permitted ground. This Order is being entered without prejudice to the

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right of any party to move the Court for modification or for relief from any of its terms.

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II.

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DESIGNATION
A.

Any party to this litigation or any third-party covered by this Order, who produces or

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discloses any Confidential Information, including without limitation any information, document,

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thing, interrogatory answer, admission, pleading, or testimony, shall mark the same with the

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foregoing or similar legend: “CONFIDENTIAL” or “CONFIDENTIAL – SUBJECT TO

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PROTECTIVE ORDER” (hereinafter “Confidential Material”). Such designation shall only be

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made if the individual making the designation believes in good faith that the material is his, her, or

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its Confidential Information which is not otherwise available to the public generally, or is

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Confidential Information which the person believes is or may be encompassed by a pre-existing

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confidentiality agreement with any other person.

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B.

A party’s or a non-party’s failure to designate a document as Confidential Material

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where the document was produced by another party and designated by the producing party as that

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party’s Confidential Information shall not be constructed to waive the non-designating party’s claim,

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with respect to present or future litigation between these or other parties, that the document contains

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the non-designating party’s Confidential Information. Further, a party may later designate

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documents as Confidential Material even if previously not designated as such, so long as the party in

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good faith determines that such documents would have been designated as such.

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C.

With respect to any depositions or pretrial testimony, or portions thereof, that involve

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disclosure of Confidential Material of a party to this action, such party shall have until thirty (30)

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days after receipt of the deposition transcript within which to inform all other parties that portions of

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the transcript are to be designated Confidential, which period may be extended by agreement of the

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parties. No such deposition transcript shall be disclosed to any individual other than the individuals

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described in Section III.B (1), (2), (3), (4) and (6) below, and the deponent during these thirty (30)

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days, and no individual attending such a deposition shall disclose the contents of the deposition to

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any individual other than those described in Section III.B (1), (2), (3), (4) and (6) below during said

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thirty (30) days. Upon being informed that certain portions of a deposition are to be designated as

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Confidential, all parties shall immediately cause each copy of the transcript in its custody or control

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to be appropriately marked and limit disclosure of that transcript in accordance with Sections II.D, E

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and H.

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D.

Any party to this litigation and any third-party that designates information,

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documents, items or oral or written communications for protection under this Order must take care to

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limit any such designation to specific material that qualifies under the appropriate standards. To the

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extent it is practical to do so, the designating party must designate for protection only those parts of

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material, documents, items, or oral or written communications that qualify—so that other portions of

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the material, documents, items, or communications for which protection is not warranted are not

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swept unjustifiably within the ambit of this Order.

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E.

If it comes to a designating party’s attention that information or items that it

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designated for protection do not qualify for protection at all or do not qualify for the level of

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protection initially asserted, that designating party must promptly notify all other parties that it is

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withdrawing the mistaken designation.

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F.

This Order shall not deprive the Parties of the right to object to the discovery of any

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information, document, or thing, or portion of any document or thing which the Parties otherwise

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believe in good faith contains extremely sensitive financial, business, or personal information, and

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should only be seen by counsel under an “ATTORNEYS’ EYES ONLY” designation. The Parties

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retain the right to seek a further protective order from the Court should such information be sought

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and the other Party retains the right to oppose the withholding from production of any such

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information and any request to seek a further protective order on this basis.

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G.

If counsel for a party receiving documents or information designated as Confidential

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Material hereunder objects to such designation of any or all of such items, the following procedure

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shall apply:

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1.

Counsel for the objecting party shall serve on the designating party or third-

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party a written objection to such designation, which shall identify the documents or information in

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question. Counsel for the designating party or third-party shall respond in writing to such objection

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within ten (10) days, and shall state with particularity the grounds for asserting that the document or

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information is Confidential. If no timely written response is made to the objection, the challenged

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designation will be deemed to be void. If the designating party or nonparty makes a timely response

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to such objection asserting the propriety of the designation, counsel shall then confer in good faith in

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an effort to resolve the dispute.

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2.

If a dispute as to a Confidential designation of a document or item of

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information cannot be resolved by agreement, the proponent of the designation being challenged

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shall present the dispute to the Magistrate Judge within seven (7) court days of the Parties reaching

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an impasse or fourteen (14) court days of the initial notice of challenge, whichever is earlier. The

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document or information that is the subject of the filing shall be treated as originally designated

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pending resolution of the dispute.

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H.

The recipient of any Confidential Material that is provided under this Order shall

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maintain the records in a secure and safe area and shall exercise the same standard of due and proper

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care with respect to the storage, custody, use and/or dissemination of such records as is exercised by

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the recipient with respect to its own Confidential Information.

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I.

No information that is in the public domain or which is already known by the

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receiving party through proper means or which is or becomes available to a party from a source

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other than the party asserting confidentiality, rightfully in possession of such information on a

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nonconfidential basis, shall be deemed or considered to be Confidential Information under this

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Order.

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III.

LIMITATIONS ON DISCLOSURE OF CONFIDENTIAL INFORMATION
SUBJECT TO THIS ORDER

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A.

All Confidential Information shall be used by the receiving party solely for purposes

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of the prosecution or defense of this action, shall not be used by the receiving party for any business,
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commercial, competitive, personal or other purpose, and shall not be disclosed by the receiving party
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to anyone other than those set forth in Section III.B, unless and until the restrictions herein are
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removed either by written agreement of counsel for the Parties, or by Order of the Court.
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B.

Unless otherwise ordered by the Court or permitted in writing by the designating

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party, a receiving party may disclose any information or item designated as Confidential Material
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only to:
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1.
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Counsel for the Parties, including outside counsel (herein defined as any

attorney at the Parties’ outside law firms) and relevant in-house counsel for the Parties, as well as

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employees of all such Counsel to whom it is reasonably necessary to disclose the information for this
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litigation;
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2.

Experts or consultants of the receiving party to whom disclosure is reasonably

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necessary for this litigation, provided they have signed a non-disclosure agreement in the form
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attached hereto as Exhibit A;
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3.

Secretarial, paralegal, clerical, duplicating and data processing personnel of

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The Court and its personnel;

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Any witness may be shown or examined on any information, document or

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the foregoing;
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thing designated as Confidential Material, provided they have signed a non-disclosure agreement in
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the form attached hereto as Exhibit A;
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6.

The author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information;
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7.

Vendors retained by or for the Parties to assist in preparing for pretrial

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discovery, trial and/or hearings including, but not limited to, court reporters, litigation support
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personnel, ESI vendors and consultants, jury consultants, mock jurors, individuals to prepare

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demonstrative and audiovisual aids for use in the courtroom or in depositions or mock jury sessions,

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as well as their staff, stenographic, and clerical employees whose duties and responsibilities require

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access to such materials;

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8.

Mediators and their personnel; and

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9.

The Parties. In the case of parties that are corporations or other business

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entities, “party” shall mean executives who are required to participate in decisions with reference to

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this lawsuit.

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C.

Confidential Material shall be used only by individuals permitted access to it under

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Section III.B. Such Confidential Material, copies thereof, and the information contained therein,

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shall not be disclosed in any manner to any other individual, until and unless (a) counsel for the

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party asserting confidentiality waives the claim of confidentiality, or (b) the Court orders such

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disclosure.

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D.

Upon final conclusion of this litigation, including the expiration of any appeals

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thereof, each party or other individual subject to the terms hereof shall be under an obligation to

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certify that they have either returned to opposing counsel or destroyed all originals and unmarked

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copies of documents and things containing Confidential Material and to destroy, should such source

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so request, all copies of Confidential Material that contain and/or constitute attorney work product as

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well as excerpts, summaries and digests revealing Confidential Material; provided, however, that

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counsel may retain complete copies of all transcripts and pleadings including any exhibits attached

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thereto for archival purposes, subject to the provisions of this Protective Order.

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IV.

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FILING DOCUMENTS MARKED CONFIDENTIAL UNDER SEAL
A.

In the event any documents designated as Confidential Material are to be used in any

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court proceeding in connection with this litigation, the party seeking to submit the Confidential

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Material will provide written notice to the party that designated the Confidential Material at least

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two court days prior to filing said documents. If the designating party objects to the documents

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becoming part of the public record, the party seeking to use such documents must seek an order from

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this Court permitting the party to file materials under seal pursuant to Civil Local Rule 141.

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B.

If the Confidential Material is used in a court proceeding in connection with this

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litigation it shall not lose its Confidential status through such use, and the parties shall take all steps

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reasonably required to protect its confidentiality during such use.

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V.

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SUBPOENA BY OTHER COURTS OR AGENCIES
A.

If another court or administrative agency subpoenas or orders production of

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documents designated as Confidential Material which a party has obtained under the terms of this

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Order, before complying with the subpoenas or orders, such party shall promptly notify the party of

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other person who designated the documents of the pendency of the subpoena or order.

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VI.

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MODIFICATION/FURTHER AGREEMENTS
A.

This Order may be modified by agreement of the parties, subject to Court approval.

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In addition, the Court may modify the Protective Order in the interests of justice and for public

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policy reasons.

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APPROVED AS TO FORM AND CONTENT

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WILSON TURNER KOSMO LLP
Dated:

April 9, 2018

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By:

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/s/ Krystal Weaver
MARISSA L. LYFTOGT
KRYSTAL N. WEAVER
Attorneys for Defendants
ACCENTURE LLP, ACCENTURE LLC and
ZENTA MORTGAGE SERVICES, LLC

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JML LAW APLC
Dated:

April 9, 2018

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By:

/s/ Mythily Sivarajah (authorized on 4/3/18)
JOSEPH M. LOVRETOVICH
MYTHILY SIVARAJAH
Attorneys for Plaintiff
RICHARD MILLS

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Case No. 2:18-CV-00184-MCE-KJN
STIPULATION FOR PROTECTIVE ORDER

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SIGNATURE ATTESTATION

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I hereby attest that I have obtained the concurrence of Mythily Sivarajah, counsel for

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Plaintiff, for the filing of this stipulation.

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/s/ __Krystal N. Weaver_____

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ORDER
The Court hereby adopts the Parties’ Stipulated Protective with the following amendments
and clarifications:

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1. The parties shall comply with the provisions and procedures of Local Rules 140 and 141 with

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respect to sealing or redaction requests. To the extent that the parties’ stipulation conflicts

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with the Local Rules, the Local Rules shall govern.

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2. Prior to filing any motion related to this stipulated protective order or other discovery

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motion, the parties shall first exhaust informal meet-and-confer efforts and otherwise comply

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with Local Rule 251.

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3. Nothing in this order limits the testimony of parties or non-parties, or the use of certain

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documents, at any court hearing or trial—such determinations will only be made by the court

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at the hearing or trial, or upon an appropriate motion.

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4. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of the
terms of this stipulated protective order after the action is terminated.

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Dated: April 9, 2018

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EXHIBIT A

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Case No. 2:18-CV-00184-MCE-KJN
AGREEMENT TO COMPLY WITH PROTECTIVE ORDER

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WILSON TURNER KOSMO LLP
MARISSA L. LYFTOGT (259559)
KRYSTAL N. WEAVER (286930)
550 West C Street, Suite 1050
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendants
ACCENTURE LLP, ACCENTURE LLC and
ZENTA MORTGAGE SERVICES, LLC
JML LAW, APLC
JOSEPH M. LOVRETOVICH (73403)
MYTHILY SIVARAJAH (252494)
21052 Oxnard Street
Woodland Hills, California 91367
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiff
Richard Mills

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD MILLS, an individual,

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Case No. 2:18-CV-00184-MCE-KJN

Plaintiff,

AGREEMENT TO COMPLY WITH
PROTECTIVE ORDER

v.
Complaint Filed: December 5, 2017
ACCENTURE LLP, an Illinois limited liability
partnership; ACCENTURE LLC, an Illinois
District Judge: Hon. Morrison C. England, Jr.
limited liability company; ZENTA MORTGAGE
SERVICES, LLC, a Delaware limited liability
Magistrate
company; and DOES 1-50 inclusive,
Judge:
Hon. Kendall J. Newman
Defendants.

Trial Date:

Not Set

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Case No. 2:18-CV-00184-MCE-KJN
AGREEMENT TO COMPLY WITH PROTECTIVE ORDER

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I, _____________________________________, being duly sworn, state that:

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1.

My address is _____________________________________________________.

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2.

My present employer is ________________________________ and the address of

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my present employment is ____________________________________________________.

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3.

My present occupation or job description is ________________________.

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4.

I have carefully read and understood the provisions of the Protective Order in this

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case signed by the Court, and I will comply with all provisions of that order.
5.

I will hold in confidence and not disclose to anyone not qualified under the Order any

Confidential Information or any words, summaries, abstracts, or indices of Confidential Information

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disclosed to me.

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6.

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I will limit use of Confidential Information disclosed to me solely for the purposes of

this action.
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No later than the final conclusion of the case, I will return all Confidential

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Information and summaries, abstracts, and indices thereof which come into my possession, and

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documents or things which I have prepared relating thereto, to counsel for the party for whom I was

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employed or retained.

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I declare under penalty of perjury that the foregoing is true and correct.
Dated: ______________ ____, 20___

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Name:

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AGREEMENT TO COMPLY WITH PROTECTIVE ORDER