Lockwood v. Conagra Foods Inc

Filing 38

CONSENT CONFIDENTIALITY ORDER. Signed by Judge Charles R. Breyer on 4/23/09. (be, COURT STAFF) (Filed on 4/23/2009)

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QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Christopher Tayback (SBN 145532) Email: christayback@ quinnemanuel.com Michael L. Fazio (SBN 228601) Email: [e-mail] 865 South Figueroa St., 10th Floor Los Angeles, California 900I7 Telephone: [phone] Fax: [phone] Attorneys for Defendant ConAgra Foods, Inc. THE GILBERT LAW FIRM Christopher K. Gilbert (pro hoc vice) 2223 Cheshire Lane Houston, Texas 77018 832.541.3747 Telephone: [phone] Fax: cgilbert @gilbert-law.com Email: Attorneys for Plaintiff Margot Lackwaad IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MARGOT LOCKWOOD, individually and on behalf of all others similarly situated, Plaintiff, vs. INC., DOE CONAGRA FOODS, CORPORATION, and DOES 1 through 50, inclusive, Defendants. [PROPOSED ] CONSENT CONFIDENTIALITY ORDER Dept.: Judge: Courtroom 8, 19`f' Floor I-Ion. Charles R. Breyex CASE NO. CV 08-4151 {CRB) CLASS ACTION

[PROPOSED] CONSENT CONFIDENTIALITY ORDER

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Appearing that discovery in the above-captioned action is likely to involve the disclosure

2 ^ of confidential information, it is ORDERED as follows: 3 I. Any party to this litigation and any third-party shall have the right to designate as

4 ^ "Genf dential" and subject to this Order any information, document, or thing, or portion of any 5 ^ document ar thing: (a) that contains trade secrets, competitively sensitive technical, marketing, b ^ financial, sales or other confidential business information, or (b) that contains private or 7 confidential personal information, or (c) that contains information received in confidence from third parties, or (d) which the producing party otherwise believes in good faith to be entitled to 9 10 protection under Rule 26(c)(1}(G) of the Federal Rules of Civil Procedure and Local Civil Rule 79-5. Any party to this litigation or any third party covered by this Order, who produces or

11 ^ discloses any Confidential Material, including without limitation any information, document, 12 13 14 15 thing, interrogatory answer, admission, pleading, or testimony, shall mark the same with the

foregoing or similar legend : "CONFIDENTIAL" or "CONFIDENTIAL - SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER " (hereinafter " Confidential Material").
2. Any party to this litigation and any third-party shall have the right to designate as

1b ^ "Attorneys' Eyes Only" and subject to this Order any information, document, or thing, or portion 17 18 19 20 21 22 23 24 25 of any document or thing that contains extremely sensitive business or personal information, the disclosure of which is extremely likely to cause significant harm to an individual ar to the business or competitive position of the designating party. Any party to this litigation or any third party who is covered by this Order , who produces or discloses any Attorneys ' Eyes Only material , including without limitation any information , document , thing, interrogatory answer, admission , pleading, or testimony , shall mark the same with the foregoing or similar legend : "ATTORNEYS' EYES ONLY" or "ATTORNEYS' EYES ONLY -SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER" { hereinafter "Attorneys' Eyes Only Material"). 3. All Confidential Material shall be used by the receiving party solely for purposes of

26 ^ the prosecution or defense of this action, shall not be used by the receiving party far any business, 27 28 commercial, competitive, personal or other purpose, and shall not be disclosed by the receiving party to anyone other than those set forth in Paragraph 4, unless and until the restrictions herein
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PROPOSED] CONSENT CONFIDENTIALITY ORDER

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are removed either by written agreement of counsel for the parties, or by Order of the Court. It is, however, understood that counsel for a party may give advice and opinions to his or her client solely relating to the above-captioned action based on his or her evaluation of Confidential Material, provided that such advice and opinions shall not reveal the content of such Confidential Material except by prior written agreement of counsel for the parties, or by Order of the Court. 4. Confidential Material and the contents of Confidential Material may be disclosed

only to the following individuals under the following conditions: a. Outside counsel {herein defined as any attorney at the parties' outside law firms) and relevant in-house counsel for the parties; b. Outside experts or consultants retained by outside counsel for purposes of this action, provided they have signed anon-disclosure agreement in the form attached hereto as Exhibit A; c. Secretarial, paralegal, clerical, duplicating and data processing personnel of the foregoing; d. e. The Court and court personnel; Any deponent may be shown or examined on any information, document or thing designated Confidential if it appears that the witness authored or received a copy of it, was involved in the subject matter described therein or is employed by the party who produced the information, document or thing, or if the producing party consents to such disclosure; f. Vendors retained by or far the parties to assist in preparing for pretrial discovery, trial and/or hearings including, but not limited to, court reporters, litigation support personnel, jury consultants, individuals to prepare demonstrative and audiovisual aids for use in the courtroom or in depositions or mock jury sessions, as well as their staff; stenographic, and clerical employees whose duties and responsibilities require access to such materials; and

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[PROPOSED] CONSENT CONFIDENTIALITY ORDER

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The parties. In the case of parties that are corporations or other business entities, "party" shall mean executives who are required to participate in decisions with reference to this lawsuit.

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

Paragraph 4. Confidential Material, copies thereof, and the information contained therein, shall not be disclosed in any manner to any other individual, until and unless {a) outside counsel for the party asserting confidentiality waives the claim of confidentiality, or (b) the Court orders such

8 I disclosure. 9 10 11 12 6. With respect to any depositions that involve a disclosure of Confidential Material

of a party to this action, such party shall have until thirty (30) days after receipt of the deposition transcript within which to inform all other parties that portions of the transcript are to be designated Confidential, which period may be extended by agreement of the parties. Na such

13j deposition transcript shall be disclosed to any individual other than the individuals described in 14 15 16 17 18 19 Paragraph 4{a}, (b}, (c}, (d} and (f} above and the deponent during these thirty (30) days, and no individual attending such a deposition shall disclose the contents of the deposition to any individual other than those described in Paragraph 4(a}, (b}, {c), (d) and (f) above during said thirty (30) days. Upon being informed that certain portions of a deposition are to be designated as Confidential, all parties shall immediately cause each copy of the transcript in its custody or control to be appropriately marked and Iimit disclosure of that transcript in accordance with

20 I Paragraphs 3 and 4. 21 22 23 24 25 26 27 7. Material produced and marked as Attorneys' Eyes Only may be disclosed only to

outside counsel for the receiving party and to such other persons as counsel for the producing party agrees in advance or as Ordered by the Court. 8. To the extent that any portions of a deposition are to be designated as Attorneys'

Eyes Only, all parties shall immediately cause each copy of the transcript in its custody or control to be appropriately marked and limit disclosure of that transcript in accordance with paragraph 7.

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f'ROl'OSED] CONSENT CONFIDENTIALITY ORDER

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9.

If counsel for a party receiving documents or information designated as

Confidential or Attorneys' Eyes Only hereunder objects to such designation of any or all of such items, the following procedure shall apply: a. Counsel for the objecting party shall serve an the designating party or third party a written objection to such designation, which shall identify the documents or information in question. Counsel for the designating party or third party shall respond in writing to such objection within ten {10} days, and shall state with particularity the grounds for asserting that the document or information is Confidential or Attorneys' Eyes Only. If no timely written response is made to the objection, the challenged designation will be deemed to be void. If the designating party or nonparty makes a Timely response to such objection asserting the propriety of the designation, counsel shall then confer in good faith in an effort to resolve the dispute. b. If a dispute as to a Confidential or Attorneys' Eyes Only designation of a document or item of information cannot be resolved by agreement, the proponent of the designation being challenged shall present the dispute in accordance with the procedures relating to resolution of discovery disputes as set forth in the h'ederal Rules of Civil Procedure, the Local Rules for the United States District Court for the Northern District of California, and the Standing Orders of Judge Charles Breyer. The document ar information

that is the subject of the filing shall be treated as originally designated pending resolution of the dispute. 10. Rule 79-5. 11. If the need arises during trial or at any hearing before the Court for any party to All requests to seal documents filed with the Court shall comply with Local Civil

disclose Confidential or Attorneys' Eyes On]y information, it may do so only after giving notice to the producing party and as directed by the Court.

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[PROPOSED] CONSENT CONI:IDENTIALITY ORDER

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To the extent consistent with applicable law, the inadvertent or unintentional

2 ^ disclosure of Confidential Material or of Attorneys' Eyes Only Material that should have been 3 designated as such, regardless of whether the information, document or thing was so designated at

4 f the time of disclosure, shall not be deemed a waiver in whole or in part of a party's claim of 5 6 7 8 9 10 11 12 confidentiality, either as to the specific information, document or thing disclosed or as to any other material or information concerning the same or related subject matter. Such inadvertent ar

unintentional disclosure may be rectified by notifying in writing counsel for all parties to whom the material was disclosed that the material should have been designated Confidential or Attorneys' Eyes only within a reasonable time after disclosure. Such notice shall constitute a designation of the information, document or thing as Confidential Material or Attorneys' Eyes Only Material under this Discovery Canfidentiality Order. 13. When the inadvertent or mistaken disclosure of any information, document or thing

13 ^ protected by privilege or work-product immunity is discovered by the producing party and brought 14 15 16 17 18 19 to the attention of the receiving party, the receiving party's treatment of such material shall be in accordance with Federal Rule of Civil Procedure 26(b}{5)(B}. Such inadvertent or mistaken

disclosure of such information, document or thing shall not constitute a waiver by the producing party of any claims of privilege ar work-product immunity. However, nothing herein restricts the right of the receiving party to challenge the producing party's claim of privilege if appropriate within a reasonable time after receiving notice of the inadvertent or mistaken disclosure. 14. No information that is in the public domain or which is already known by the

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receiving party through proper means ar which is or becomes available to a party from a source other than the party asserting confidentiality, rightfully in possession of such information on a non-confidential basis, shall be deemed ar considered to be Confidential Material ar Attorneys' Eyes Only Material under this Discovery Confidentiality Order. 1 S. This Consent Confidentiality Order shall not deprive any party of its right to abject This Consent

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to discovery by any other party or on any otherwise permitted ground

Confidentiality Order is being entered without prejudice to the right of any party to move the
Court far modification ar far relief from any of its terms. Page 6 of S
[PROPOSED] CONSENT CONFIDENTIALITY ORDER

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This Consent Confidentiality Order shall survive the termination of this action and

shall remain in full force and effect unless modified by an Order of this Court or by the written

3 ^ stipulation of the parties filed with the Court. 4 17. Upon final conclusion of this litigation, each party or other individual subject to the

SI terms hereof shall be under an obligation to certify, under oath, that they have either returned to 61 opposing counsel or destroyed all originals and unmarked copies of documents and things
71 containing Confidential Material and Attorneys' Eyes only Material and to destroy, should such S 9 10 source so request, all copies of Confidential Material and Attorneys' Eyes only Material that contain and/or constitute attorney work product as well as excerpts, summaries and digests revealing Confidential Material and Attorneys' Eyes Only Information; provided, however, that

11i counsel may retain complete copies of all transcripts and pleadings including any exhibits attached 12' thereto for archival purposes , subject to the provisions of this Consent Confidentiality Order. To 13 14 1S 16 ', 17 the extent a party requests the return of Confidential Material and Attorneys' Eyes Only Information from the Court after the final conclusion of the litigation, including the exhaustion of all appeals therefrom and all related proceedings , the party shall file a motion seeking such relief. IT IS SO ORDERED.

23 1$ ^ DATED: April _, 2009

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The Honorable Charles r. Breyer United States District CourtERED Judge

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jPROPOSED] CONSENT CONFIDENTIALITY ORDER

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The imdet^gned conscac to the f^rzn mad a^try of tba above Order. ypW O RQNALD B. LAB QUIl+tN EMANl7EL URQUHART OLIVBR & HEDGES, LLP

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QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Christopher Tayback ( SBN 145532} Email: christayback @ quinnemanuel.com Michael L. Fazio { SBN 228601) Email: michaelfazio @ quinnemanuel.cam 865 South Figueroa St., 10th Floor Las Angeles , California 90017 213.443.3000 Telephone: 213 . 443.3100 Fax: Attorneys for Defendant ConAgra Foods, Inc THE GILBERT LAW FIRM Christopher K. Gilbert (pro hac vice} 2223 Cheshire Lane Houston , Texas 7701 S 832.541.3747 Telephone : 713.290.$060 Fax: cgilbert @ gilbert-law.coan Email: Attorneys far Plaintiff Margot Lockwood IN THE UNITED STATES DISTRICT COURT

13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 15 16 l7 Plaintiff, 18 v. 19 20 21 22 23 24 25 26 27 28 CONAGRA FOODS, INC., DOE CORPOR-} ATION, and DOES 1 through 50, inclusive, ) Defendants. ) ) ) EXHIBIT A: AGREEMENT TO BE BOUND BY CONSENT CONFIDENTIALITY ORDER MARGOT LOCKWOOD, individually and ) ) on behalf of all others similarly situated, Case No. CV 08-41 S I {CRB)

SAN FRANCISCO DIVISION

^XIIIBIT A TO CONSENT CONFIDENTIALITY ORpFR

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I,

being duly sworn, state that:

1.
2.

My address is
My present employer is and the address

of my present employment is 3. 4. My present occupation or job description is I have carefully read and understood the provisions of the Consent Confidentiality

Order in this case signed by the Court, and I will comply with all provisions of the Consent Confidentiality Order. 5. I will hold in confidence and not disclose to anyone not qualified under the

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Consent Confidentiality Order any Confidential Material or any words, summaries, abstracts, or indices of Confidential Information disclosed to me: 6. this action. 7. No later than the final conclusion of the case, I will return all Confidential I will limit use of Confidential Material disclosed to me solely for the purposes of

Material and summaries, abstracts, and indices thereof which come into my possession, and documents or things which I have prepared relating thereto, to counsel for the party far wham I was employed or retained.

I declare under penalty of perjury that the foregoing is true and correct.

, 2009
Name: Title:

EXI{IIIIT A TO CONSENT CONF]DENTIALITY ORDER