Totah v. Lucasfilm Entertainment Company, Ltd

Filing 21

PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS. Signed by Judge Maxine M. Chesney on February 19, 2010. (mmclc1, COURT STAFF) (Filed on 2/19/2010)

1 Janine S. Simerly (SBN 102361) [e-mail] 2 Lisa C. Hamasaki (SBN 197628) [e-mail] 3 Jennifer Cotner (SBN 255785) [e-mail] 4 MILLER LAW GROUP A Professional Corporation 5 111 Sutter Street, Suite 700 San Francisco, CA 94104 6 Tel. [phone] Fax [phone] Attorneys for Defendant 8 LUCASFILM ENTERTAINMENT COMPANY LTD. 9 Angela Alioto (SBN 130328) Stephen L. Robinson (SBN 116146) 10 LAW OFFICES OF JOSEPH L. ALIOTO AND ANGELA ALIOTO 11 700 Montgomery Street San Francisco, CA 94111 12 Tel: [phone] Fax: [phone] Jody A. Meisel (SBN 109610) 14 Law Offices of Jody A. Meisel 2632 Larkin Street, Suite O 15 San Francisco, CA 94109 Tel: [phone] Fax: [phone] Attorneys for Plaintiff TABITHA TOTAH 18 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 22 TABITHA TOTAH, 23 24 25 26 LUCASFILM ENTERTAINMENT COMPANY, LTD., Does 1-20, 27 Defendant(s). 28
STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No. C 09-04051 MMC

A P R O F E S S I O N A L CORPORATION S A N FRANCISCO, C A L I F O R N I A

M I L L E R L A W GROUP

Case No.: C 09-04051 MMC STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS

Plaintiff(s), v.

1 2 3

PURPOSE AND LIMITATIONS OF PROTECTIVE ORDER

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

4 confidential, proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation would be 6 warranted. In particular, the parties anticipate that in the course of litigating this case, the 7 parties will request from one another and be compelled to disclose records and information 8 containing confidential and proprietary business information about Plaintiff TABITHA 9 TOTAH (hereinafter "Plaintiff) and/or Defendant LUCASFILM ENTERTAINMENT

10 COMPANY LTD. (hereinafter "Defendant") or its agents, affiliates or contractors, and 11 information about Defendant's employees, both past and present, which may contain 12 personal and confidential identifying information subject to the right of privacy guaranteed 13 by Article I, Section 1 of the California Constitution, and under other applicable law or public
A P R O F E S S I O N A L CORPORATION S A N FRANCISCO, C A L I F O R N I A

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14 policy.

Such records and information is properly the subject of a protective order, as

15 contemplated by Federal Rule of Civil Procedure 26. Accordingly, the parties have agreed 16 that certain information may be released in discovery subject to an agreement as to how 17 such information may be handled during the course of this litigation and disclosed to others. 18 19 The parties acknowledge that this Stipulated Protective Order does not confer

20 blanket protections on all disclosures or responses to discovery and that the protection it 21 affords extends only to the limited information or items that are entitled under the applicable 22 legal principles to treatment as confidential. The parties further acknowledge, as set forth in 23 paragraph 11 below, that this Stipulated Protective Order creates no entitlement to file 24 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must 25 be followed and reflects the standards that will be applied when a party seeks permission 26 from the Court to file material under seal. 27 28
1 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No. C 09-04051 MMC

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STIPULATION

IT IS HEREBY STIPULATED AND AGREED as follows by and between the parties

4 hereto through their undersigned counsel: 5 6 The following definitions and provisions shall apply to and govern this Stipulation and

7 Protective Order: 8 9 1. "Confidential" information as used herein shall mean any document

10 designated and marked "Confidential" by the party producing such documents provided that 11 the information qualifies for protection under standards developed under F.R.Civ. P. 26(c). 12 13
A P R O F E S S I O N A L CORPORATION S A N FRANCISCO, C A L I F O R N I A

(a)

Each party or non-party that designates information or items as

M I L L E R L A W GROUP

14 "Confidential" must take care to limit any such designation to specific material that qualifies 15 under the appropriate standards. 16 17 (b) It is not necessary to challenge the propriety of a "Confidential"

18 information designation at the time made, and a failure to do so shall not preclude a 19 subsequent challenge to such a designation. In the event that counsel objects at any stage 20 of this litigation to the propriety of a designation by a party of any information as 21 "Confidential" information, the parties shall first try to resolve such dispute in good faith on 22 an informal basis. The party disputing confidentiality shall notify the party claiming

23 confidentiality of its objections to that designation. The Producing Party shall then have five 24 days to respond to said objections. If the parties are still unable to resolve the dispute, the 25 matter shall be submitted to the Court by filing and serving a motion under Civil Local Rule 7 26 (and in compliance with Civil Local Rule 79-5, if applicable) that identifies the challenged 27 material and sets forth in detail the basis for the challenge. Until the matter is heard and 28
2 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No. C 09-04051 MMC

1 decided by the Court, any documents designated "Confidential" shall remain subject to the 2 restrictions of this Protective Order. 3 4 (c) If a dispute occurs over the designation, both parties agree not to

5 disclose the information except in accordance with this Protective Order until the Court rules 6 on the "Confidential" status of the information. 7 8 (d) All "Confidential" information provided or produced in this action shall

9 be used solely for purposes related to this civil action entitled TABITHA TOTAH v. 10 LUCASFILM ENTERTAINMENT COMPANY, LTD., Does 1-20, pending in United States 11 District Court, Northern District of California, Case No. C 09-04051 MMC, except by further 12 order of the Court. 13
A P R O F E S S I O N A L CORPORATION S A N FRANCISCO, C A L I F O R N I A

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14

(e)

Neither copies of "Confidential" documents or things, or any portions

15 thereof, nor any quotation, paraphrase or other description which conveys the "Confidential" 16 documents shall be disclosed by Receiving Party to any person or used for any other 17 purpose, except in accordance with the terms of this Protective Order or by further order of 18 the Court. 19 20 2. "Producing Party" shall mean the party producing and designating the

21 information as "Confidential." 22 23 3. "Receiving Party" shall mean the party receiving the information designated

24 "Confidential." 25 26 27 28
3 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No. C 09-04051 MMC

4.

"Qualified Persons" as used herein shall mean persons who are:

1

(a)

The undersigned counsel and their employees, including without

2 limitation, paralegals, secretaries, and clerical staff. 3 4 (b) Experts, independent contractors, consultants, or advisors (including,

5 but not limited to neutrals assisting in any Alternative Dispute Resolution process) or who 6 are employed or retained by or on behalf of the undersigned counsel or appointed by the 7 Court to assist in analyzing the documents or information examined, provided that they sign 8 an acknowledgement in the form of "Exhibit A" to this Order before reviewing any 9 Confidential information. 10 11 (c) Stenographic reporters, videographers and/or tape transcribers who are

12 involved in depositions or any hearings or proceedings before the Court in this case, or any 13 adversarial proceeding arising in this case.
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14 15 16 17 (e) Witnesses to this action, provided that they sign an acknowledgment in (d) Defendant and its employees.

18 the form of "Exhibit A" to this Order before reviewing any Confidential Information. 19 20 21 22 23 24 5. "Confidential" information subject to this Protective Order may be used in the (g) Plaintiff. (f) The Court, subject to the procedures set forth in Civil Local Rule 79-5.

25 deposition of the parties. Counsel for the Producing Party may request that examination of 26 the parties on "Confidential" information be separately transcribed and sealed in accordance 27 with the mutual agreement of the parties. 28
4 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No. C 09-04051 MMC

1

6.

Any deposition or production of documents that will or might reasonably

2 include disclosure of "Confidential" information shall be attended only by those persons 3 entitled to receive "Confidential" information under this Protective Order. "Confidential"

4 information shall not be disclosed to a deposition witness except in conformity with this 5 Protective Order. Information not previously designated as "Confidential" that is disclosed at 6 a deposition or production of documents may be designated by any party as "Confidential" 7 information by indicating on the record at the deposition or the production of documents that 8 the testimony or information is "Confidential" and subject to the provisions of this Protective 9 Order. 10 11 7. In the event that the Receiving Party receives a subpoena or other legal

12 process purporting to require production of "Confidential" information, the Receiving Party, 13 notice is required prior to disclosure of "Confidential" information. Specifically, the disclosing
A P R O F E S S I O N A L CORPORATION S A N FRANCISCO, C A L I F O R N I A

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14 party shall provide three (3) days' advance notice, in addition to statutory notice 15 requirements, to allow objection by the Producing Party. If objection is made, the parties 16 shall meet and confer, and if unable to resolve the dispute, the Producing Party may submit 17 the dispute to the Court for resolution. When an objection is made, no disclosure is

18 permitted until the dispute is resolved or by the Court's order. 19 20 8. Documents and things produced by a party pursuant to pretrial discovery may

21 be designated by any party or parties as "Confidential" information by marking each page: 22 "CONFIDENTIAL." In lieu of marking the original, if the original is not produced, the

23 designating party may mark the copies that are produced to exchange. If timely corrected, 24 an inadvertent failure to designate qualified information or items as "Confidential" does not, 25 standing alone, waive the Producing Party's right to secure protection under this Protective 26 Order for such material. If material is appropriately designated as "Confidential" after the 27 material was initially produced, the Receiving Party, on timely notification of the designation, 28
5 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No. C 09-04051 MMC

1 must make reasonable efforts to assure that the material is treated in accordance with the 2 provisions of this Protective Order. 3 4 9. All transcripts, depositions, exhibits, answers to interrogatories, and other

5 documents and things filed with the Court, which contain "Confidential" information as 6 defined above, or any pleading or memorandum purporting to reproduce or paraphrase 7 such information, shall be filed only with the agreement of the Producing Party or pursuant 8 to Civil Local Rule 79-5. 9 10 10. If any party objects to disclosure of "Confidential" information to be made

11 during the course of the trial of this matter, that party shall make a good faith effort to 12 resolve the issue by meeting and conferring on the terms of disclosure, and if the parties are 13 unable to agree, the matter shall be submitted to the Court for resolution.
A P R O F E S S I O N A L CORPORATION S A N FRANCISCO, C A L I F O R N I A

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14 15 11. Upon final termination of this civil action entitled, TABITHA TOTAH v.

16 LUCASFILM ENTERTAINMENT COMPANY, LTD., Does 1-20, pending in United States 17 District Court, Northern District of California, Case No. C 09-04051 MMC, by closure or 18 otherwise, originals and copies of all materials and documents, in whatever form, 19 constituting or including "Confidential" information shall be returned to the Producing Party 20 within thirty (30) days following termination of the action. With permission in writing from the 21 Producing Party, the Receiving Party may destroy some or all of the "Confidential" 22 information instead of returning it. Whether the "Confidential" information is returned or 23 destroyed, the Receiving Party must submit a written certification to the Producing Party by 24 the thirty (30) day deadline that identifies (by category, where appropriate) all the 25 "Confidential" information that was returned or destroyed and that affirms that the Receiving 26 Party has not retained any copies, abstracts, compilations, summaries or other forms of 27 reproducing or capturing any of the "Confidential" information. 28
6 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No. C 09-04051 MMC

Notwithstanding this

1 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, 2 transcripts, legal memoranda, correspondence or attorney work product, even if such 3 materials contain "Confidential" information. Any such archival copies that contain or 4 constitute "Confidential" information remain subject to this Protective Order, as set forth in 5 Paragraph 15. 6 7 12. The undersigned counsel shall have the duty to use reasonable care and

8 precautions to ensure that any person under their control or the control of their client who is 9 designated as a Qualified Person observes the terms of this Protective Order. 10 11 13. The restrictions set forth in any of the preceding paragraphs shall not apply to

12 information that (a) was, is, or becomes public knowledge in a manner not in violation of this 13 Order, or (b) was, or is, acquired in good faith from a third party, not a party to this litigation,
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14 having the right to disclose such information, or (c) was, or is, discovered independently by 15 the Receiving Party. 16 17 14. Sanctions may be imposed on any individual granted access to "Confidential"

18 information under this Order who uses such "Confidential" information for any purpose other 19 than in connection with this action or in any manner which otherwise violates the terms of 20 this Order. 21 22 15. Even after the termination of this litigation, the confidentiality obligations

23 imposed by this Protective Order shall remain in effect until a Producing Party agrees 24 otherwise in writing or a Court order otherwise directs. 25 26 27 28
7 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No. C 09-04051 MMC

16.

All parties who subsequently appear in this case will be subject to this Order.

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IT IS SO STIPULATED.

3 Dated: February 17, 2009 4 5 6 7 8 9 Dated: February 17, 2009 10 11 12 13
A P R O F E S S I O N A L CORPORATION S A N FRANCISCO, C A L I F O R N I A

MILLER LAW GROUP A Professional Corporation

By:

/S/ Lisa C. Hamasaki Attorneys for Defendant LUCASFILM ENTERTAINMENT COMPANY LTD.

LAW OFFICES OF JODY A. MEISEL

By: Jody A. Meisel Attorneys for Plaintiff TABITHA TOTAH

M I L L E R L A W GROUP

14 15 16 17 Dated: ________________________ 18 19 20 21 22 23 24 25 26 27 28
8 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No. C 09-04051 MMC

PURSUANT TO STIPULATION, IT IS SO ORDERED.

_______________________________ The Honorable Maxine M. Chesney UNITED STATES DISTRICT JUDGE

February 19, 2010

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EXHIBIT A ACKNOWLEDGEMENT OF UNDERSTANDING AND AGREEMENT REGARDING DISCOVERY OF CONFIDENTIAL INFORMATION

The undersigned hereby acknowledges that he/she has read the Protective Order regarding confidentiality entered in this civil action entitled TABITHA TOTAH v. LUCASFILM ENTERTAINMENT COMPANY, LTD., Does 1-20, pending in United States District Court, Northern District of California, Case No. C 09-04051 MMC, that he/she understands the terms thereof, that he/she has been designated by _________________________ as a

10 11 12 13
A P R O F E S S I O N A L CORPORATION S A N FRANCISCO, C A L I F O R N I A

"Qualified

Person"

thereunder,

and

that

he/she

individually

and

on

behalf

of

______________________________________, and on behalf of the party who designated him/her as a "Qualified Person", agrees to be bound by such Protective Order, and that he/she acknowledges the jurisdiction of the Court and agrees to be bound by the jurisdiction

M I L L E R L A W GROUP

14

15 of the Court. 16 17 DATED: 18 19 20 21 22 23 24 25 26 27 28
9 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No. C 09-04051 MMC
4850-1015-5525, v. 1

______________________, 20___.

__________________________________________ (signature) __________________________________________ (print name)