Anderson v. Safe Streets USA LLC

Filing 34

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 9/11/2020. (Becknal, R)

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WORKMAN LAW FIRM, PC
Robin G. Workman (SBN 145810)
Rachel E. Davey (SBN 316096)
177 Post Street, Suite 800
San Francisco, CA 94108
Tel.: [phone]
Fax: [phone]
E-mail:[e-mail]
[e-mail]
Attorneys for Plaintiff
MARK ANDERSON

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HOLLAND & KNIGHT LLP
Thomas E. Hill (SBN 100861)
Christina T. Tellado (SBN 298597)
Deisy Castro (SBN 311816)
400 South Hope Street, 8th Floor
Los Angeles, CA 90071
Telephone: [phone]
Fax: [phone]
E-mail:[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
SAFE STREETS USA LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK ANDERSON,
Plaintiff,

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vs.

Case No.: 2:18-cv-00323-KJM-EFB
STIPULATED AND [PROPOSED]
PROTECTIVE ORDER PURSUANT TO
E.D. CAL. CIV. L.R. 141.1

SAFE STREETS USA LLC and DOES 1
through 100, inclusive,

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Defendants.
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Pursuant to Judge Kimberly J. Mueller’s Minute Order dated August 21, 2020 (Dkt. No. 31),

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this Stipulated and Proposed Protective Order for discovery purposes only is respectfully submitted

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by the parties to Magistrate Judge Edmund F. Brennan for his review and approval.
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

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1.

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of

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confidential, proprietary, or private information for which special protection from public disclosure

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and from use for any purpose other than prosecuting this litigation may be warranted. Such

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information may include, but is not necessarily limited to, information that reveals trade secrets or

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sensitive training, operational, technical and/or financial data or processes of a party, the disclosure

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of which could cause competitive harm; research, proprietary, technical, commercial or financial

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information that the party has maintained as confidential; medical information concerning any

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individual; personal identifying information; income tax returns and related tax documents; and

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information or documents concerning customers of any party. Accordingly, the parties hereby

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stipulate to and petition the court to enter the following Stipulated Protective Order. The parties

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acknowledge that this Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends only to the

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limited information or items that are entitled to confidential treatment under the applicable legal

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principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated

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Protective Order does not entitle them to file confidential information under seal; Civil Local Rule

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141 sets forth the procedures that must be followed and the standards that will be applied when a

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party seeks permission from the court to file material under seal.

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2.

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DEFINITIONS
2.1

Challenging Party: a Party or Non-Party that challenges the designation of

information or items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is

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generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of

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Civil Procedure 26(c).

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2.3

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well

as their support staff).
2.4

Designating Party: a Party or Non-Party that designates information or items that it

produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

2.5

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Disclosure or Discovery Material: all items or information, regardless of the medium

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or manner in which it is generated, stored, or maintained (including, among other things, testimony,

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transcripts, and tangible things), that are produced or generated in disclosures or responses to

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discovery in this matter.
2.6

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Expert: a person with specialized knowledge or experience in a matter pertinent to

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the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

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consultant in this action.
2.7

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Counsel does not include Outside Counsel of Record or any other outside counsel.
2.8

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House Counsel: attorneys who are employees of a party to this action. House

Non-Party: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this action.
2.9

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Outside Counsel of Record: attorneys who are not employees of a party to this action

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but are retained to represent or advise a party to this action and have appeared in this action on

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behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
2.10

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consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.11

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Party: any party to this action, including all of its officers, directors, employees,

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.
2.12

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Professional Vendors: persons or entities that provide litigation support services

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(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,

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storing, or retrieving data in any form or medium) and their employees and subcontractors.
2.13

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Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL.”
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Receiving Party: a Party that receives Disclosure or Discovery Material from a

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Producing Party.

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3.

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SCOPE
The protections conferred by this Stipulation and Order cover not only Protected Material

(as defined above), but also (1) any information copied or extracted from Protected Material; (2) all
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

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copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

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conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

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However, the protections conferred by this Stipulation and Order do not cover the following

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information: (a) any information that is in the public domain at the time of disclosure to a Receiving

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Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of

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publication not involving a violation of this Order, including becoming part of the public record

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through trial or otherwise; and (b) any information known to the Receiving Party prior to the

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disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the

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information lawfully and under no obligation of confidentiality to the Designating Party. Any use

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of Protected Material at trial shall be governed by a separate agreement or order.

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4.

DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by this

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Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

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otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and

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defenses in this action, with or without prejudice; and (2) final judgment herein after the completion

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and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the

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time limits for filing any motions or applications for extension of time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

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Exercise of Restraint and Care in Designating Material for Protection. Each Party or

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Non-Party that designates information or items 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. The

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Designating Party must designate for protection only those parts of material, documents, items, or

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oral or written communications that qualify – so that other portions of the material, documents,

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items, or communications for which protection is not warranted are not swept unjustifiably within

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the ambit of this Order. If it comes to a Designating Party’s attention that information or items that

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it designated for protection do not qualify for protection, that Designating Party must promptly

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notify all other Parties that it is withdrawing the mistaken designation.

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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

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5.2

Manner and Timing of Designations. Except as otherwise provided in this Order

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(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

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Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

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designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents, but

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excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party

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affix the legend “CONFIDENTIAL” on the document and on all copies in a manner that will not

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interfere with the legibility of the document. As used in this Order, “copies” includes electronic

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images, duplicates, extracts, summaries or descriptions that contain the Confidential Information.

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Applying the marking “CONFIDENTIAL” to a document does not mean that the document

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has any status or protection by statute or otherwise except to the extent and for the purposes of this

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Order. Any copies that are made of any documents marked “CONFIDENTIAL” shall also be so

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marked, except that indices, electronic databases or lists of documents that do not contain

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substantial portions or images of the text of marked documents and do not otherwise disclose the

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substance of the Disclosure or Discovery Material that qualifies for protection under this Order are

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not required to be marked.
(b) for testimony given in deposition or in other pretrial or trial proceedings, that the

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Designating Party identify on the record, before the close of the deposition, hearing, or other

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proceeding, all protected testimony.
(c) for information produced in some form other than documentary and for any other

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tangible items, that the Producing Party affix in a prominent place on the exterior of the container or

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containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a

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portion or portions of the information or item warrant protection, the Producing Party, to the extent

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practicable, shall identify the protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

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designate qualified information or items does not, standing alone, waive the Designating Party’s

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right to secure protection under this Order for such material. Upon timely correction of a
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

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designation, the Receiving Party must make reasonable efforts to assure that the material is treated

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in accordance with the provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

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confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

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designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

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burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to

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

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original designation is disclosed.

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6.2

Meet and Confer. The Party challenging the designation of confidentiality must do

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so in good faith and must begin the process by conferring directly in writing with counsel for the

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Designating Party. 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 designation, and, if no change in designation is

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offered, to explain the basis for the designation. The Designating Party must respond to the

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challenge within 14 days of the date of service of notice.

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6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

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intervention, the Designating Party may file and serve a motion to retain confidentiality within 21

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days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and

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confer process will not resolve their dispute, whichever is earlier. In addition, the Challenging

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Party may file a motion challenging a confidentiality designation at any time if there is good cause

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

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thereof. Any motion brought pursuant to this provision must be accompanied by a competent

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

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by the preceding paragraph.

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

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Party. Until the court rules on the challenge, all parties shall continue to afford the material in

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question the level of protection to which it is entitled under the Producing Party’s designation.
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a Non-Party in connection with this case only for prosecuting,

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defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to

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the categories of persons and under the conditions described in this Order. When the litigation has

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been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

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DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a

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location and in a secure manner that ensures that access is limited to the persons authorized under

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this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

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by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

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information or item designated “CONFIDENTIAL” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of

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said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for

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this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is

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attached hereto as Exhibit A;

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(b) the officers, directors, and employees (including House Counsel) of the Receiving Party

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to whom disclosure is reasonably necessary for this litigation and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

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reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement

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to Be Bound” (Exhibit A);

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(d) the court and its personnel;

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(e) court reporters and their staff, professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have

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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(f) during their depositions, witnesses in the action to whom disclosure is reasonably
necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

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unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal Protected Material must be separately

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bound by the court reporter and may not be disclosed to anyone except as permitted under this

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Stipulated Protective Order.
(g) the author or recipient of a document containing the information or a custodian or other

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person who otherwise possessed or knew the information.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

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LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation that would

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compel disclosure of any material or document designated in this action as “CONFIDENTIAL,”

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that Party must:
(a) notify the designating Party, in writing, immediately and in no event more than 3

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court days after receiving the subpoena or order. Such notification must include a copy of the

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subpoena or court order.
(b) immediately inform, in writing, the Party who caused the subpoena or order to issue

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in the other litigation that some or all of the material covered by the subpoena or order is the subject

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of this Order. In addition, the Party must deliver a copy of this Order promptly to the party in the

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other action that caused the subpoena to issue.
The purpose of imposing these duties is to alert the interested persons to the existence of this

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Order and to afford the Designating Party in this case an opportunity to try to protect information

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designated in this action as “CONFIDENTIAL” in the court from which the subpoena or order

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issued. The Designating Party shall bear the burden and expense of seeking protection in that court

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of its confidential material – and nothing in these provisions should be construed as authorizing or

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encouraging a Receiving Party in this action to disobey a lawful directive from another court. The

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obligations set forth in this paragraph remain in effect while the Party has in its possession, custody

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or control information designed as “CONFIDENTIAL” in this case.

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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS

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LITIGATION

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(a) The terms of this Order are applicable to information produced by a Non-Party in this

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action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in

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connection with this litigation is protected by the remedies and relief provided by this Order.

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Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional

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protections.
(b) In the event that a Party is required, by a valid discovery request, to produce a Non-

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Party’s confidential information in its possession, and the Party is subject to an agreement with the

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Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party that some or

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all of the information requested is subject to a confidentiality agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order

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in this litigation, the relevant discovery request(s), and a reasonably specific description of the

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information requested; and
(3) make the information requested available for inspection by the Non-Party.

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(c) If the Non-Party fails to object or seek a protective order from this court within 14 days

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of receiving the notice and accompanying information, the Receiving Party may produce the Non-

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Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks

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a protective order, the Receiving Party shall not produce any information in its possession or

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control that is subject to the confidentiality agreement with the Non-Party before a determination by

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the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of

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seeking protection in this court of its Protected Material.

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10.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

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Material to any person or in any circumstance not authorized under this Stipulated Protective Order,

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the Receiving Party must immediately (a) notify in writing the Designating Party of the

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unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

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

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

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

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

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MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain inadvertently

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produced material is subject to a claim of privilege or other protection, the obligations of the

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Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision

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is not intended to modify whatever procedure may be established in an e-discovery order that

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provides for production without prior privilege review. Pursuant to Federal Rule of Evidence

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502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a

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communication or information covered by the attorney-client privilege or work product protection,

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the parties may incorporate their agreement in the stipulated protective order submitted to the court.

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12.

MISCELLANEOUS
12.1

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Right to Further Relief. Nothing in this Order abridges the right of any person to

seek its modification by the court in the future.
12.2

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Right to Assert Other Objections. By stipulating to the entry of this Protective Order

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no Party waives any right it otherwise would have to object to disclosing or producing any

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information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

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Party waives any right to object on any ground to use in evidence of any of the material covered by

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this Protective Order.
12.3

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Filing Protected Material. Without written permission from the Designating Party or

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a court order secured after appropriate notice to all interested persons, a Party may not file in the

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public record in this action any Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 141. Protected Material may only be filed

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under seal pursuant to a court order authorizing the sealing of the specific Protected Material at

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issue.

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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

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13.

FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph 4, each

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Receiving Party must return all Protected Material to the Producing Party or destroy such material.

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As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any of the Protected Material. Whether

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the Protected Material is returned or destroyed, the Receiving Party must submit a written

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certification to the Producing Party (and, if not the same person or entity, to the Designating Party)

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by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material

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that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,

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abstracts, compilations, summaries or any other format reproducing or capturing any of the

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Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy

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of all pleadings, 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 Protected Material. Any such archival

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copies that contain or constitute Protected Material remain subject to this Protective Order as set

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forth in Section 4 (DURATION).
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: September 3, 2020

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/s/ Robin Workman
WORKMAN LAW FIRM, PC
Robin Workman
Rachel Davey

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Attorneys for Plaintiff
MARK ANDERSON

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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

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Dated: September 3, 2020
/s/ Thomas E. Hill
HOLLAND & KNIGHT LLP
Thomas E. Hill
Christina T. Tellado
Deisy Castro

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Attorneys for Defendant
SAFE STREETS USA LLC

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Pursuant to the parties’ stipulation, as modified above, IT IS SO ORDERED.

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Dated: September 11, 2020.
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EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________ [print or type full name], of _________________

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[print or type full address], declare under penalty of perjury that I have read in its entirety and

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understand the Stipulated Protective Order that was issued by the United States District Court for

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the Eastern District of California on ____________ in the case of Anderson v. Safe Streets USA

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LLC, Case No. 2:18-cv-00323-KJM-EFB. I agree to comply with and to be bound by all the terms

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of this Stipulated Protective Order and I understand and acknowledge that failure to so comply

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could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I

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will not disclose in any manner any information or item that is subject to this Stipulated Protective

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Order to any person or entity except 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 Eastern

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District of California for the purpose of enforcing the terms of this Stipulated Protective Order,

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

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I hereby appoint ______________________________________ [print or type full name] of

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________________________________________ [print or type full address and telephone number]

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as my California agent for service of process in connection with this action or any proceedings

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related to enforcement of this Stipulated Protective Order.

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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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STIPULATED AND [PROPOSED] PROTECTIVE ORDER PURSUANT TO E.D. CAL. CIV. L.R. 141.1