Charles v. Best Buy Co., Inc.

Filing 25

STIPULATED PROTECTIVE ORDER. Signed by Judge Maxine M. Chesney on January 30, 2013. (mmclc1, COURT STAFF) (Filed on 1/30/2013)

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SEYFARTH SHAW LLP
Michael J. Burns (SBN 172614)
[e-mail]
Eden Anderson (SBN 233464)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
BEST BUY STORES, L.P.
(erroneously sued as "BEST BUY CO., INC.")

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LAW OFFICES OF SHARON COHEN
Sharon Cohen (SBN 209608)
1385 Ridgewood Drive, Suite 110
Chico, California 95973
Telephone:
[phone]

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Attorney for Plaintiff

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Case No. C 12-02934 MMC

SHAUN CHARLES,
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STIPULATED PROTECTIVE ORDER

Plaintiff,
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v.
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BEST BUY CO., INC., and DOES 1 to 50,
inclusive,
Defendants.

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STIPULATED PROTECTIVE ORDER
CASE NO. C 12-02934 MMC

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1.

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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

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disclosure and from use for any purpose other than prosecuting this litigation would be warranted.

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Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated

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Protective Order. The parties acknowledge that this Order does not confer blanket protections on

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all disclosures or responses to discovery and that the protection it affords extends only to the

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

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confidential. The parties further acknowledge, as set forth in Section 10 below that this

PURPOSE AND LIMITATIONS

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Stipulated Protective Order creates no entitlement to file confidential information under seal;

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Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards

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that will be applied when a party seeks permission from the court to file material under seal.

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2.

2.1

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

employees, consultants, retained experts, and outside counsel (and their support staff).
2.2

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

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the medium or manner generated, stored, or maintained (including, among other things,

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testimony, transcripts, or tangible things) that are produced or generated in disclosures or

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responses to discovery in this matter.
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“CONFIDENTIAL” Information or Items: information (regardless of how

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generated, stored or maintained) or tangible things that qualify for protection under standards

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developed under FRCP 26(c).
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from a Producing Party.
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Receiving Party: a Party that receives Disclosure or Discovery Material

Producing Party: a Party that produces Disclosure or Discovery Material

2.6

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

in this action.

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STIPULATED PROTECTIVE ORDER
CASE NO. C 12-02934 MMC

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produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

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2.7

designated as “CONFIDENTIAL.”

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Protected Material: any Disclosure or Discovery Material that is

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Outside Counsel: attorneys who are not employees of a Party but who are

retained to represent or advise a Party in this action.

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2.9

House Counsel: attorneys who are employees of a Party.

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2.10

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

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as their support staffs).

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2.11

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

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

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witness or as a consultant in this action and who is not a past or a current employee of a Party or

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of a competitor of a Party’s and who, at the time of retention, is not anticipated to become an

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employee of a Party or a competitor of a Party’s. This definition includes a professional jury or

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trial consultant retained in connection with this litigation.
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Professional Vendors: persons or entities that provide litigation support

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services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations;

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organizing, storing, retrieving data in any form or medium; etc.) and their employees and

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subcontractors.

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3.

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

SCOPE

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(as defined above), but also any information copied or extracted therefrom, as well as all copies,

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excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by

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parties or counsel to or in court or in other settings that might reveal Protected Material.

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4.

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Even after the termination of this litigation, the confidentiality obligations imposed by this

DURATION

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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.

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CASE NO. C 12-02934 MMC

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5.

DESIGNATING PROTECTED MATERIAL
5.1

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Exercise of Restraint and Care in Designating Material for Protection.

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Each 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. A

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Designating Party must take care to designate for protection only those parts of material,

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documents, items, or oral or written communications that qualify — so that other portions of the

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material, documents, items, or communications for which protection is not warranted are not

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swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to

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unnecessarily encumber or retard the case development process, or to impose unnecessary

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expenses and burdens on other parties), expose the Designating Party to sanctions.

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If it comes to a Party’s attention that information or items that it designated for

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protection do not qualify for protection at all, or do not qualify for the level of protection initially

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asserted, that Party must promptly notify all other parties that it is withdrawing the mistaken

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designation.

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5.2

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

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

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material that qualifies for protection under this Order must be clearly so designated before the

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material is disclosed or produced.

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Designation in conformity with this Order requires:
(a) for information in documentary form (apart from transcripts of

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depositions or other pretrial or trial proceedings), that the Producing Party affix the legend

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“CONFIDENTIAL” at the top of each page that contains protected material. If only a portion or

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portions of the material on a page qualifies for protection, the Producing Party also must clearly

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identify the protected portion(s) (e.g., by making appropriate markings in the margins).

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A Party that makes original documents or materials available for inspection
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STIPULATED PROTECTIVE ORDER
CASE NO. C 12-02934 MMC

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need not designate them for protection until after the inspecting Party has indicated which

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material it would like copied and produced. After the inspecting Party has identified the

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documents it wants copied and produced, the Producing Party must determine which documents,

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or portions thereof, qualify for protection under this Order. If only a portion or portions of the

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material on a page qualifies for protection, the Producing Party also must clearly identify the

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protected portion(s) (e.g., by making appropriate markings in the margins).

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(b) for testimony given in deposition or in other pretrial or trial

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proceedings, that the Party offering or sponsoring the testimony identify on the record, before the

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close of the deposition, hearing, or other proceeding, all protected testimony. When it is

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impractical to identify separately each portion of testimony that is entitled to protection, and when

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it appears that substantial portions of the testimony may qualify for protection, the Party that

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sponsors, offers, or gives the testimony may invoke on the record (before the deposition or

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proceeding is concluded) a right to have up to 20 days to identify the specific portions of the

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testimony as to which protection is sought. Only those portions of the testimony that are

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appropriately designated for protection within the 20 days shall be covered by the provisions of

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this Stipulated Protective Order.
Transcript pages containing Protected Material must be separately bound

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by the court reporter, who must affix to the top of each such page the legend “CONFIDENTIAL.”

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(c) for information produced in some form other than documentary, and for

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any other tangible items, that the Producing Party affix in a prominent place on the exterior of the

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container or containers in which the information or item is stored the legend “CONFIDENTIAL.”

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

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practicable, shall identify the protected portions.

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items as “CONFIDENTIAL” does not, standing

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alone, waive the Designating Party’s right to secure protection under this Order for such material.

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If material is appropriately designated as “CONFIDENTIAL” after the material was initially

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CASE NO. C 12-02934 MMC

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produced, the Receiving Party, on timely notification of the designation, must make reasonable

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efforts to assure that the material is treated in accordance with the provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Unless a prompt challenge to a Designating Party’s

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confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary

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economic burdens, or a later significant disruption or delay of the litigation, a Party does not

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waive its right to challenge a confidentiality designation by electing not to mount a challenge

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promptly after the original designation is disclosed.

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6.2

Meet and Confer. A Party that elects to initiate a challenge to a

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Designating Party’s confidentiality designation must do so in good faith and must begin the

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process by conferring directly (in voice to voice dialogue; other forms of communication are not

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sufficient) with counsel for the Designating Party. In conferring, the challenging Party must

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explain the basis for its belief that the confidentiality designation was not proper and must give

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the Designating Party an opportunity to review the designated material, to reconsider the

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circumstances, and, if no change in designation is offered, to explain the basis for the chosen

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designation. A challenging Party may proceed to the next stage of the challenge process only if it

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has engaged in this meet and confer process first.

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6.3

Judicial Intervention. A Party that elects to press a challenge to a

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confidentiality designation after considering the justification offered by the Designating Party

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may file and serve a motion under Civil Local Rule 7 (and in compliance with Civil Local Rule

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79-5, if applicable) that identifies the challenged material and sets forth in detail the basis for the

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challenge. Each such motion must be accompanied by a competent declaration that affirms that

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the movant has complied with the meet and confer requirements imposed in the preceding

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paragraph and that sets forth with specificity the justification for the confidentiality designation

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that was given by the Designating Party in the meet and confer dialogue.

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The burden of persuasion in any such challenge proceeding shall be on the
Designating Party. Until the court rules on the challenge, all parties shall continue to afford the
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STIPULATED PROTECTIVE ORDER
CASE NO. C 12-02934 MMC

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material in question the level of protection to which it is entitled under the Producing Party’s

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designation.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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

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disclosed or produced by another 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 11, 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

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

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disclose any 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

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as employees of said Counsel to whom it is reasonably necessary to disclose the information for

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this litigation and who have signed the “Agreement to Be Bound by Protective Order” 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

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Receiving Party to whom disclosure is reasonably necessary for this litigation and who have

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signed the “Agreement to Be Bound by Protective Order” (Exhibit A);

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(c) experts (as defined in this Order) of the Receiving Party to whom

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disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be

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Bound by Protective Order” (Exhibit A);

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(d) the Court and its personnel;

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(e) court reporters, their staffs, and professional vendors to whom

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STIPULATED PROTECTIVE ORDER
CASE NO. C 12-02934 MMC

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disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be

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Bound by Protective Order” (Exhibit A);

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(f) during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Agreement to Be Bound by Protective Order”

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(Exhibit A). Pages of transcribed deposition testimony or exhibits to depositions that reveal

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Protected Material must be separately bound by the court reporter and may not be disclosed to

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anyone except as permitted under this Stipulated Protective Order.
(g) the author of the document or the original source of the information.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

OTHER LITIGATION.
If a Receiving Party is served with a subpoena or an order issued in other litigation that

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would compel disclosure of any information or items designated in this action as

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“CONFIDENTIAL”, the Receiving Party must so notify the Designating Party, in writing (by fax,

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if possible) immediately and in no event more than three court days after receiving the subpoena

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

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The Receiving Party also must immediately inform in writing the Party who caused the

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subpoena or order to issue in the other litigation that some or all the material covered by the

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subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must

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deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that

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caused the subpoena or order to issue.

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The purpose of imposing these duties is to alert the interested parties to the existence of

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

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protect its confidentiality interests in the court from which the subpoena or order issued. The

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Designating Party shall bear the burdens and the expenses of seeking protection in that court of its

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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.

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STIPULATED PROTECTIVE ORDER
CASE NO. C 12-02934 MMC

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9.

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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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Order, 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 copies of the Protected Material, (c)

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inform the person or persons to whom unauthorized disclosures were made of all the terms of this

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

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Be Bound” that is attached hereto as Exhibit A.

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10.

FILING PROTECTED MATERIAL. WITHOUT WRITTEN PERMISSION

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FROM THE DESIGNATING PARTY OR A COURT ORDER SECURED AFTER

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APPROPRIATE NOTICE TO ALL INTERESTED PERSONS, A PARTY MAY NOT FILE IN

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THE PUBLIC RECORD IN THIS ACTION ANY PROTECTED MATERIAL. A PARTY

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THAT SEEKS TO FILE UNDER SEAL ANY PROTECTED MATERIAL MUST COMPLY

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WITH CIVIL LOCAL RULE 79-5.

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11.

FINAL DISPOSITION. UNLESS OTHERWISE ORDERED OR AGREED IN

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WRITING BY THE PRODUCING PARTY, WITHIN SIXTY DAYS AFTER THE FINAL

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TERMINATION OF THIS ACTION, EACH RECEIVING PARTY MUST RETURN ALL

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PROTECTED MATERIAL TO THE PRODUCING PARTY. AS USED IN THIS

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SUBDIVISION, “ALL PROTECTED MATERIAL” INCLUDES ALL COPIES, ABSTRACTS,

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COMPILATIONS, SUMMARIES OR ANY OTHER FORM OF REPRODUCING OR

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CAPTURING ANY OF THE PROTECTED MATERIAL, WITH PERMISSION IN WRITING

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FROM THE DESIGNATING PARTY, THE RECEIVING PARTY MAY DESTROY SOME

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OR ALL OF THE PROTECTED MATERIAL INSTEAD OF RETURNING IT. WHETHER

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THE PROTECTED MATERIAL IS RETURNED OR DESTROYED, THE RECEIVING

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PARTY MUST SUBMIT A WRITTEN CERTIFICATION TO THE PRODUCING PARTY

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(AND, IF NOT THE SAME PERSON OR ENTITY, TO THE DESIGNATING PARTY) BY

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THE SIXTY DAY DEADLINE THAT IDENTIFIES (BY CATEGORY, WHERE

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APPROPRIATE) ALL THE PROTECTED MATERIAL THAT WAS RETURNED OR

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DESTROYED AND THAT AFFIRMS THAT THE RECEIVING PARTY HAS NOT

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RETAINED ANY COPIES, ABSTRACTS, COMPILATIONS, SUMMARIES OR OTHER

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FORMS OF REPRODUCING OR CAPTURING ANY OF THE PROTECTED MATERIAL.

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NOTWITHSTANDING THIS PROVISION, COUNSEL ARE ENTITLED TO RETAIN AN

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ARCHIVAL COPY OF ALL PLEADINGS, MOTION PAPERS, TRANSCRIPTS, LEGAL

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MEMORANDA, CORRESPONDENCE OR ATTORNEY WORK PRODUCT, EVEN IF SUCH

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MATERIALS CONTAIN PROTECTED MATERIAL. ANY SUCH ARCHIVAL COPIES

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THAT CONTAIN OR CONSTITUTE PROTECTED MATERIAL REMAIN SUBJECT TO

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THIS PROTECTIVE ORDER AS SET FORTH IN SECTION 4 (DURATION), ABOVE.

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12.

12.1

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MISCELLANEOUS
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

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

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producing any information or item on any ground not addressed in this Stipulated Protective

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Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of

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the material covered by this Protective Order.

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STIPULATED PROTECTIVE ORDER
CASE NO. C 12-02934 MMC

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: January 23, 2013

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Respectfully submitted,
SEYFARTH SHAW LLP

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By: /s/ Eden Anderson
Michael J. Burns
Eden Anderson
Attorneys for Defendant
BEST BUY STORES, L.P.
(erroneously sued as "BEST BUY CO., INC.")

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LAW OFFICES OF SHARON COHEN
Sharon Cohen (SBN 209608)
1385 Ridgewood Drive, Suite 110
Chico, California 95973
Telephone:
[phone]

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Attorney for Plaintiff

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DATED: January 23, 2013

LAW OFFICES OF SHARON COHEN

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By:/s/ Sharon Cohen
Sharon Cohen
Attorney for Plaintiff

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: January 30, 2013

_________________________________
United States District Judge

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STIPULATED PROTECTIVE ORDER
CASE NO. C 12-02934 MMC

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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 [print or type full address], declare under penalty of

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perjury that I have read in its entirety and understand the Stipulated Protective Order that was

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issued by the United States District Court for the Northern District of California on [date] in the

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case of Shaun Charles v. Best Buy Co., Inc., et al., Case No. C 12-02934 MMC. I agree to comply

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with and to be bound by all the terms of this Stipulated Protective Order and I understand and

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acknowledge that failure to so comply could expose me to sanctions and punishment in the nature

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of contempt. I solemnly promise that I will not disclose in any manner any information or item

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that is subject to this Stipulated Protective Order to any person or entity except in strict

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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

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the Northern District of California for the purpose of enforcing the terms of this Stipulated

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

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I hereby appoint [print or type full name] of [print or type full address and

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telephone number] as my California agent for service of process in connection with this action or

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any proceedings 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:
[printed name]

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Signature:
[signature]
14751987v.1

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