Johnson et al v. CVS Pharmacy, Inc. et al

Filing 23

ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS. Signed by Judge Alsup on July 8, 2011. (whalc2, COURT STAFF) (Filed on 7/8/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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FRANCHESCA JOHNSON and WANDA
DROUILLARD,
No. C 10-03232 WHA
Plaintiffs,

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v.

Defendants.
/

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ORDER APPROVING STIPULATED
PROTECTIVE ORDER SUBJECT
TO STATED CONDITIONS

CVS PHARMACY, INC. and CVS RX
SERVICES, INC.,

The stipulated protective order submitted by the parties is APPROVED, subject to the

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following conditions, including adherence to the Ninth Circuit’s strict caution against sealing

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orders (as set out below):

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1.

The parties must make a good-faith determination that any

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information designated “confidential” truly warrants protection under Rule 26(c)

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of the Federal Rules of Civil Procedure. Designations of material as

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“confidential” must be narrowly tailored to include only material for which there

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is good cause. A pattern of over-designation may lead to an order

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un-designating all or most materials on a wholesale basis.

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2.

In order to be treated as confidential, any materials filed with the

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Court must be lodged with a request for filing under seal in compliance with

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Civil Local Rule 79-5. Please limit your requests for sealing to only those
narrowly tailored portions of materials for which good cause to seal exists.

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Please include all other portions of your materials in the public file and clearly

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indicate therein where material has been redacted and sealed. Each filing

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requires an individualized sealing order; blanket prospective authorizations are

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not allowed by Civil Local Rule 79-5.

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3.

Chambers copies should include all material — both redacted and

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unredacted — so that chambers staff does not have to reassemble the whole brief

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or declaration. Although chambers copies should clearly designate which

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portions are confidential, chambers copies with confidential materials will be

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handled like all other chambers copies of materials without special restriction,

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For the Northern District of California

United States District Court

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and will typically be recycled, not shredded.
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In Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006),

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the Ninth Circuit held that more than good cause, indeed, “compelling reasons”

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are required to seal documents used in dispositive motions, just as compelling

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reasons would be needed to justify a closure of a courtroom during trial.

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Otherwise, the Ninth Circuit held, public access to the work of the courts will be

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unduly compromised. Therefore, no request for a sealing order will be allowed

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on summary judgment motions (or other dispositive motions) unless the movant

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first shows a “compelling reason,” a substantially higher standard than “good

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cause.” This will be true regardless of any stipulation by the parties. Counsel

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are warned that most summary judgment motions and supporting material

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should be completely open to public view. Only social security numbers, names

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of juveniles, home addresses and phone numbers, and trade secrets of a

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compelling nature (like the recipe for Coca Cola, for example) will qualify. If

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the courtroom would not be closed for the information, nor should any summary

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judgment proceedings, which are, in effect, a substitute for trial. Motions

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in limine are also part of the trial and must likewise be laid bare absent

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compelling reasons. Please comply fully. Noncompliant submissions are liable

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to be stricken in their entirety.
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5.

Any confidential materials used openly in court hearings or trial

will not be treated in any special manner absent a further order.
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This order does not preclude any party from moving to

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undesignate information or documents that have been designated as confidential.

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The party seeking to designate material as confidential has the burden of

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establishing that the material is entitled to protection.

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7.

Regarding judicial intervention, for example as set out in

motions the parties would contemplate filing under this agreement), the parties

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shall follow the procedures set forth in the standing orders of the undersigned

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For the Northern District of California

paragraph 6.3 for challenging confidentiality designations (and any other

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United States District Court

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(see Dkt. No. 10 ¶ 25).

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8.

The Court will retain jurisdiction over disputes arising from the

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proposed and stipulated protective order for only NINETY DAYS after final

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termination of the action.

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IT IS SO ORDERED.

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Dated: July 8, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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