Schilling v. Transcor America LLC et al

Filing 40

protective order. Signed by Judge Illston on 2/10/09. (ts, COURT STAFF) (Filed on 2/11/2009)

Case 3:08-cv-00941-SI

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Justus C. Spillner, # 067638 Matthew E. Fletcher, #198028 Nicho las C. Miller, #249003 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants TRANSCOR AMERICA, LLC, SGT. JOHN SMITH, OFFICER BLANDEN

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KEVIN M. SCHILLING, JOHN PINEDO, WILLIAM TELLEZ, on behalf of himself and all those similarly situated,, Plaint iff, v. TRANSCOR AMERICA, LLC, SGT. JOHN SMITH, OFFICER BLANDEN, and DOES 1 through 100,, Defendants.

Case No. 3:08-cv-00941 SI STIPULATION AND [PROPOSED] STIPULATED PROTECTIVE ORDER TO MAINTAIN CONFIDENTIALITY OF ALL BUSINESS RECORDS PRODUCED BY DEFENDANT TRANSCOR AMERICA, LLC.

This Stipulation and proposed Stipulated Protective Order is hereby submitted by all parties to the above-captioned litigation through their respective counsel. Formal discovery has commenced in this matter, including requests which have been propounded to Defendants TRANSCOR AMERICA, LLC ("TRANSCOR") for the production of a wide variety of documents and other tangible things. The intent of this Stipulation and proposed Stipulated Protective Order is to maintain the confidentiality of all such documents and business records which may be produced by TRANSCOR at any point during this litigation. The parties make this Stipulation and submit their proposed Stipulated Protective Order on the basis of the following facts and agreed upon conditions:
STIPULATION AND [PROPOSED] STIPULATED PROTECTIVE ORDER

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A.

The business records, including all hiring and training materials or other forms of

documentation owned and maintained by TRANSCOR, contain trade secrets, proprietary information and/or confidential business matter which Defendants herein desire to keep confidential. B. Plaint iffs and Defendants herein hereby stipulate to, and seek the issuance of, a

protective order sanctioned by this Court to preserve and protect such trade secrets, proprietary information and/or all confidential business matters from improper or unnecessary disclosure to any non-parties. Defendant believes that if said information were made public, it could cause financial harm to TRANSCOR and place TRANSCOR at an economic disadvantage in the marketplace. Accordingly, there parties hereto, including all Plaintiffs and Defendants herein, by and through their respective attorneys of record, hereby STIPULATE AND AGREE to the following: 1. Scope of Stipulation and Protective Order:

This Stipulation and proposed Stipulated Protective Order covers all documents, materials and business information received by Plaintiffs and/or their legal counsel from TRANSCOR and/or its legal counsel that have been designated "confidential" by either Defendant TRANSCOR or their attorneys. Such information will be deemed "confidential information." Confident ial information shall mean and include any and all copies, summaries and analyses of documents or proceedings described above as well as all information derived or obtained from said documents or proceedings; provided, however, that the term confidential information shall not include documents or information which heretofore has been or which hereafter is made available to the public generally by the party producing any such documents or information. Nothing in this Stipulation or in the definition of confidential information waives any rights of a party from asserting and not producing any confidential information or other documents for which there exists and a party asserts a claim of privilege. 2. Recipients of Confidential Information:

Confident ial information may only be disclosed to the following persons: (a) The Court; 2
STIPULATION AND [PROPOSED] STIPULATED PROTECTIVE ORDER

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(b) (c)

The attorneys of record for the Plaintiffs and Defendants herein; The employed legal staff of the attorneys of record for the Plaintiffs and

Defendants herein, including secretaries, paralegals, law clerks, and similar persons working under the supervision of the attorneys of record; (d) Independent experts or consultants and employed staff of the independent

expert or consultant, including secretaries, associates, and other staff personally working under the supervision of an independent expert or consultant, not regularly employed or associated with any attorney as a member o f the attorney's legal staff, retained by any attorneys of record to render technical or expert "Independent Experts"); and (e) (f) The Plaintiffs and Defendants herein. Witnesses for whom disclo sure of such information is necessary for their advice or to give opinion testimony in this action (hereinafter

examination at deposition or at trial. 3. Except as provided herein, confidential information shall not be disclosed to any

individual or entity that is not a party to the instant litigation. 4. Except as provided for herein, or in connection with internal use by counsel or

accounting expert for the parties, no person granted access to confidential information shall make any copies, reproductions or facsimiles of such confidential information or any portion thereof. Specifically, no copies, reproductions or facsimiles (or notes, renderings, compilations, recordings, or lists) of any confidential document shall be provided to any party who did not produce the confidential documents. Such party shall only be allowed to view confidential documents. 5. Counsel for each party shall take reasonable precautions to prevent the

unauthorized or inadvertent disclosure of any confidential information. 6. All documents or other tangible material containing or comprising confidential

information shall, when not in use, be stored in a secured area of the offices of counsel representing the non-producing party. /// 3
STIPULATION AND [PROPOSED] STIPULATED PROTECTIVE ORDER

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7.

Use of Confidential Information:

Confidential information disclosed pursuant to this Stipulation and proposed Stipulated Protective Order shall not be used other than for the purposes of this lawsuit. 8. The parties further agree that any deposition testimony provided by TRANSCOR,

its agents and/or employees, and exhibits attached thereto, are afforded the same protection of confidential information as set forth above and herein. 9. Return of Confidential Information and Delivery of Undertakings:

Ninety (90) days after termination of this action or entry of Final Judgment (no appeal having been perfected) whichever shall first occur, counsel for each party shall transmit all confidential information including all copies, notes, renderings, compilations, recordings, lists, microfilms, photographs, videos, or other references thereof or thereto to counsel for the party producing the confidential information. No person shall keep a copy of any of the confidential information except for the following: [1] the party producing the confidential information; [2] a party's attorney shall have the right to keep any notes or other document that that attorney deems to be their work product and a single copy o f any confidential information lodged [and not returned by the Court] or filed with the Court. Any such confidential information kept by any person [except the person producing the documents] shall remain subject to the Stipulation and Stipulated Protective Order unless and until all such retained confidential information is returned to counsel for the party producing the confidential information. 10. acceptable. /// /// /// /// /// /// /// 4
STIPULATION AND [PROPOSED] STIPULATED PROTECTIVE ORDER

This Stipulation may be executed in subparts and facsimile signatures are

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Agreed to by the undersigned counsel for the respective parties. IT IS SO STIPULATED. Dated: February 4, 2009 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

By:

/s/ Nicholas C. Miller Justus C. Spillner Matthew E. Fletcher Nicho las C. Miller Attorneys for Defendants TRANSCOR AMERICA, LLC, SGT. JOHN SMITH CASPER, MEADOWS, SCHWARTZ & COOK

Dated: February 4, 2009

By:

/s/ Andrew C. Schwartz Andrew C. Schwartz Attorneys for Plaintiffs, KEVIN M. SCHILLING, JOHN PINEDO, WILLIAM TELLEZ LAW OFFICES OF MARK E. MERIN

Dated: February 4, 2009

By:

/s/ Andrew C. Schwartz for Mark Merin Attorneys for Plaintiffs, KEVIN M. SCHILLING, JOHN PINEDO, WILLIAM TELLEZ

Dated: February 4, 2009 By: /s/ Andrew C. Schwartz for Karen L. Snell Attorneys for Plaintiffs, KEVIN M. SCHILLING, JOHN PINEDO, WILLIAM TELLEZ

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STIPULATION AND [PROPOSED] STIPULATED PROTECTIVE ORDER

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[PROPOSED] ORDER GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING STIPULATED TO THE SAME, the above-stated STIPULATED PROTECTIVE ORDER is approved by the Court and shall be and now is the Order of the Court. All Parties in this action shall abide by the terms of this STIPULATED PROTECTIVE ORDER as to the disclosure of any all Confidential documents and information produced in connection with any discovery undertaken in this case.

IT IS SO ORDERED

Dated: ____________________

_________________________________ United States District Court Judge

15739/00026-1354295.v1

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STIPULATION AND [PROPOSED] STIPULATED PROTECTIVE ORDER