Bonner v. SFO Shuttle Bus Company

Filing 23

STIPULATED PROTECTIVE ORDER. Signed by Judge Thelton E. Henderson on 08/26/2013. (tmi, COURT STAFF) (Filed on 8/27/2013)

1
2
3
4
5
6

Douglas E. Dexter, Esq. (SBN 115868)
Diego F. Acevedo, Esq. (SBN 244693)
Kelly M. Matayoshi, Esq. (SBN 284596)
FARELLA BRAUN + MARTEL LLP
Russ Building
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

7
8

Attorneys for Defendant
SFO SHUTTLE BUS COMPANY

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN FRANCISCO DIVISION

13
14

MICHELLE BONNER, on behalf of
herself and all others similarly situated,
Plaintiff,

15
16
17
18

Case No. CV-13-01606-TEH

STIPULATED PROTECTIVE ORDER
REGARDING CONFIDENTIAL
DOCUMENTS AND INFORMATION

vs.
SFO SHUTTLE BUS COMPANY; and
DOES 1-20,

IT IS SO ORDERED AS MODIFIED

Defendants.

19
20
21
22
23
24
25
26
27
28
STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH

28634\3797796.2

1

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure,

2

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Michelle

3

Bonner (“Plaintiff”), and Defendant SFO Shuttle Bus Company (“Defendant”), through

4

their respective counsel, that, during this action, all documents, information, tangible

5

items, and testimony designated as Confidential by the producing party in the above

6

matter be, and hereby are, subject to the following terms and conditions.

7

1.

PURPOSES AND LIMITATIONS

8

Disclosure and discovery activity in this action are likely to involve production of
9

confidential, proprietary, or private information for which special protection from public
10

disclosure and from use for any purpose other than litigating this case would be
11

warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the
12

following Stipulated Protective Order. The parties acknowledge that this Order does not
13

confer blanket protections on all disclosures or responses to discovery and that the
14

protection it affords extends only to the limited information or items that are entitled
15

under the applicable legal principles to treatment as confidential. The parties further
16

acknowledge, as set forth in Section 10, below, that this Stipulated Protective Order
17

creates no entitlement to file confidential information under seal; Civil Local Rule 79-5
18

sets forth the procedures that must be followed and reflects the standards that will be
19

applied when a party seeks permission from the court to file material under seal.
20

2.

DEFINITIONS

21

2.1

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

22

employees, consultants, retained experts, and outside counsel (and their support staff).
23

2.2

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

24

medium or manner generated, stored, or maintained (including, among other things,
25

testimony, transcripts, or tangible things) that are produced or generated in disclosures or
26

responses to discovery in this matter.
27
28
1

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

2.3

1

“Confidential” Information or Items: information (regardless of how

2

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

3

standards developed under Federal Rule of Civil Procedure 26(c).
2.4

4
5

from a Producing Party.
2.5

6
7

Producing Party: a Party or non-party that produces Disclosure or

Discovery Material in this action.
2.6

8
9

Receiving Party: a Party that receives Disclosure or Discovery Material

Designating Party: a Party or non-party that designates information or items

that it produces in disclosures or in responses to discovery as “Confidential.”

10

2.7

11

as “Confidential.”

12

2.8

13

Protected Material: any Disclosure or Discovery Material that is designated

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

retained to represent or advise a Party in this action.

14

2.9

House Counsel: attorneys who are employees of a Party.

15

2.10

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

16

as their support staffs).
2.11

17

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

18

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

19

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

20

of a Party or a competitor of a Party and who, at the time of retention, is not anticipated to

21

become an employee of a Party or a competitor of a Party. This definition includes a

22

professional jury or trial consultant retained in connection with this litigation.
2.12

23

Professional Vendors: persons or entities that provide litigation support

24

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

25

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

26

employees and subcontractors.

27

3.

28

SCOPE
The protections conferred by this Stipulation and Order cover not only Protected
2

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

1

Material (as defined above), but also any information copied or extracted therefrom, as

2

well as all copies, excerpts, summaries, or compilations thereof, plus testimony,

3

conversations, or presentations by parties or counsel to or in court or in other settings that

4

might reveal Protected Material.

5

4.

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

6
7

by this Order shall remain in effect until a Designating Party agrees otherwise in writing

8

or a court order otherwise directs.

9

5.

DESIGNATING PROTECTED MATERIAL
5.1

10

Exercise of Restraint and Care in Designating Material for Protection. Each

11

Party or non-party that designates information or items for protection under this Order

12

must take care to limit any such designation to specific material that qualifies under the

13

appropriate standards. A Designating Party must take care to designate for protection

14

only those parts of material, documents, items, or oral or written communications that

15

qualify — so that other portions of the material, documents, items, or communications for

16

which protection is not warranted are not swept unjustifiably within the ambit of this

17

Order.

18

Mass, indiscriminate, or routinized designations are prohibited. Designations that

19

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

20

to unnecessarily encumber or delay the case development process, or to impose

21

unnecessary expenses and burdens on other parties), are also prohibited.

22

If it comes to a Party’s or a non-party’s attention that information or items that it

23

designated for protection do not qualify for protection at all, or do not qualify for the level

24

of protection initially asserted, that Party or non-party must promptly notify all other

25

parties that it is withdrawing the mistaken designation.

26
27

5.2

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

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

28
3

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

1

ordered, material that qualifies for protection under this Order must be clearly so

2

designated before the material is disclosed or produced.

3
4

Designation in conformity with this Order requires:
(a)

for information in documentary form (apart from transcripts of

5

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

6

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

7

portion or portions of the material on a page qualifies for protection, the Producing Party

8

also must clearly identify the protected portion(s) (e.g., by making appropriate markings

9

in the margins).

10

A Party or non-party that makes original documents or materials available for

11

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

12

indicated which material it would like copied and produced. During the inspection and

13

before the designation, all of the material made available for inspection shall be deemed

14

CONFIDENTIAL. After the inspecting Party has identified the documents it wants copied

15

and produced, the Producing Party must determine which documents, or portions thereof,

16

qualify for protection under this Order, then, before producing the specified documents,

17

the Producing Party must affix the legend “CONFIDENTIAL” at the top of each page that

18

contains Protected Material. If only a portion or portions of the material on a page

19

qualifies for protection, the Producing Party also must clearly identify the protected

20

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

21

(b)

for testimony given in deposition or in other pretrial or trial

22

proceedings, that Counsel for the deponent or witness providing testimony, within twenty

23

(20) days after the final version of the transcript has been received by such Counsel,

24

designate any portions of the transcript which contain testimony concerning

25

CONFIDENTIAL information. Upon request of Counsel on the record (i.e., before the

26

deposition or proceeding is concluded), deposition or other pretrial hearing or trial

27

testimony in its entirety shall be treated as CONFIDENTIAL until expiration of the 20-

28

day designation period.
4

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

(c)

1

for information produced in some form other than documentary, and

2

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

3

exterior of the container or containers in which the information or item is stored the

4

legend “CONFIDENTIAL.” If only portions of the information or item warrant

5

protection, the Producing Party, to the extent practicable, shall identify the protected

6

portions.
5.3

7

Need for Higher Level of Confidentiality. In the event the Producing Party

8

believes that the material to be produced, or testimony to be given, is deserving of a

9

higher level of confidentiality than the protections currently provided herein for

10

“Confidential” materials, i.e. “Attorneys’ Eyes Only”, the Producing Party shall contact

11

the party to whom disclosure would otherwise be made to explain the need for and the

12

specifics of the higher level of protection. The Parties shall meet and confer in good faith

13

to come to agreement on the designation and its scope. If the Parties cannot reach

14

agreement, the Producing Party shall submit the matter to the Court for resolution per

15

paragraph 6.3 of this Order, and shall not be required to produce the material in question

16

until the Court issues a decision.
5.4

17

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

18

to designate qualified information or items as “Confidential” or as some other level of

19

confidentiality, does not, standing alone, waive the Designating Party’s right to secure

20

protection under this Order for such material. If material is appropriately designated as

21

“Confidential” or some other level of confidentiality after the material was initially

22

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

23

reasonable efforts to assure that the material is treated in accordance with the provisions

24

of this Order.

25

6.

26

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

27

confidentiality designation is necessary to avoid foreseeable substantial unfairness,

28

unnecessary economic burdens, or a later significant disruption or delay of the litigation, a
5

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

1

Party does not waive its right to challenge a confidentiality designation by electing not to

2

mount a challenge promptly after the original designation is disclosed.
6.2

3

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

4

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

5

conferring directly (in voice-to-voice dialogue in person or by telephone; a mere exchange

6

of letters, e-mails, telephone calls or facsimile transmissions is not sufficient) with counsel

7

for the Designating Party. In conferring, the challenging Party must explain the basis for

8

its belief that the confidentiality designation was not proper and must give the Designating

9

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

10

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

11

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

12

engaged in this meet and confer process first.
6.3

13

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

14

confidentiality designation after considering the justification offered by the Designating

15

Party will, along with the Designating Party, contact the Court’s courtroom deputy for

16

referral to a Magistrate Judge. In submitting their dispute, the parties shall follow the

17

standing orders or other directions from the assigned Magistrate Judge.
The burden of persuasion in any such challenge proceeding shall be on the

18
19

Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to

20

harass or impose unnecessary expenses and burdens on other parties) may expose the

21

challenging Party to sanctions. Until the court rules on the challenge, all parties shall

22

continue to afford the material in question the level of protection to which it is entitled

23

under the Producing Party’s designation.

24

7.

25

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

26

disclosed or produced by another Party or by a non-party in connection with this case only

27

for prosecuting, defending, or attempting to settle this litigation. Such Protected Material

28

may be disclosed only to the categories of persons and under the conditions described in
6

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

1

this Order. When the litigation has been terminated, a Receiving Party must comply with

2

the provisions of section 11, below (FINAL DISPOSITION).

3

Protected Material must be stored and maintained by a Receiving Party at a

4

location and in a secure manner that ensures that access is limited to the persons

5

authorized under this Order.

6

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

7

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

8

may disclose any information or item designated CONFIDENTIAL only to:
(a)

9

the Receiving Party and the Receiving Party’s Outside Counsel of

10

record in this action, as well as employees of said Counsel to whom it is reasonably

11

necessary to disclose the information for this litigation and who have signed the

12

“Agreement to be Bound by Protective Order” that is attached hereto as Exhibit A;
(b)

13

the officers, directors, and employees (including in-house counsel) of

14

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

15

have signed the “Agreement to be Bound by Protective Order” that is attached hereto as

16

Exhibit A;

17

(c)

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

18

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

19

to be Bound by Protective Order” that is attached hereto as Exhibit A;

20

(d)

the Court and its personnel;

21

(e)

court reporters, their staffs, and Professional Vendors to whom

22

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

23

to be Bound by Protective Order” that is attached hereto as Exhibit A;

24

(f)

during their depositions, witnesses in the action to whom disclosure

25

is reasonably necessary and who have signed the “Agreement to be Bound by Protective

26

Order” that is attached hereto as Exhibit A; and,

27

(g)

the author of the document or the original source of the information.

28
7

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

1

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

2

OTHER LITIGATION.

3

If a Receiving Party is served with a subpoena or an order issued in other litigation

4

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

5

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

6

immediately and in no event more than three court days after receiving the subpoena or

7

order. Such notification must include a copy of the subpoena or court order.
The Receiving Party also must immediately inform in writing the Party who caused

8
9

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

10

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

11

Party must deliver a copy of this Stipulated Protective Order promptly to the Party in the

12

other action that caused the subpoena or order to issue.
The purpose of imposing these duties is to alert the interested parties to the

13
14

existence of this Protective Order and to afford the Designating Party in this case an

15

opportunity to try to protect its confidentiality interests in the court from which the

16

subpoena or order issued. The Designating Party shall bear the burdens and the expenses

17

of seeking protection in that court of its confidential material — and nothing in these

18

provisions should be construed as authorizing or encouraging a Receiving Party in this

19

action to disobey a lawful directive from another court.

20

9.

21

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

22

Protected Material to any person or in any circumstance not authorized under this

23

Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

24

the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

25

copies of the Protected Material, (c) inform the person or persons to whom unauthorized

26

disclosures were made of all the terms of this Order, and (d) request such person or

27

persons to execute the “Agreement to be Bound by Protective Order” that is attached

28

hereto as Exhibit A.
8

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

1

10.

FILING PROTECTED MATERIAL.
Without written permission from the Designating Party or a court order secured

2
3

after appropriate notice to all interested persons, a Party may not file in the public record

4

in this action any Protected Material. A Party that seeks to file under seal any Protected

5

Material must comply with Civil Local Rule 79-5.

6

11.

FINAL DISPOSITION.
Unless otherwise ordered or agreed in writing by the Producing Party, within sixty

7
8

(60) days after the final termination of this action, each Receiving Party must return all

9

Protected Material to the Producing Party. As used in this subdivision, “all Protected

10

Material” includes all copies, abstracts, compilations, summaries or any other form of

11

reproducing or capturing any of the Protected Material. With permission in writing from

12

the Designating Party, the Receiving Party may destroy some or all of the Protected

13

Material instead of returning it. Whether the Protected Material is returned or destroyed,

14

the Receiving Party must submit a written certification to the Producing Party (and, if not

15

the same person or entity, to the Designating Party) by the sixty (60) day deadline that

16

identifies (by category, where appropriate) all the Protected Material that was returned or

17

destroyed and that affirms that the Receiving Party has not retained any copies, abstracts,

18

compilations, summaries or other forms of reproducing or capturing any of the Protected

19

Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy

20

of all pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney

21

work product, even if such materials contain Protected Material. Any such archival

22

copies that contain or constitute Protected Material remain subject to this Protective Order

23

as set forth in Section 4 (DURATION), above.

24

12.

25
26
27
28

MISCELLANEOUS
12.1

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

Right to Assert Other Objections. By stipulating to the entry of this

Protective Order, no Party waives any right it otherwise would have to object to disclosing
9

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

1

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

2

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

3

evidence of any of the material covered by this Stipulated Protective Order.

4
5
6

Respectfully submitted,
Dated: August 20, 2013

FARELLA BRAUN + MARTELL LLP

7

By /s/ Douglas E. Dexter
Douglas E. Dexter
Attorneys for Defendant,
SFO SHUTTLE BUS COMPANY

8
9
10
11

Dated: August 20, 2013

THE TIDRICK LAW FIRM

12

By /s/ Steven Tidrick
Steven Tidrick
Attorneys for Plaintiff

13
14
15
16
17
18

ATTESTATION OF CONCURRENCE IN FILING

19

In accordance with the Northern District of California’s General Order No.

20

45, Section X(B), I hereby attest that I have obtained the concurrence of all other

21

signatories in the filing of this document.

22
23
24
25
26

Dated: August 20, 2013

FARELLA BRAUN + MARTELL LLP
By /s/ Douglas E. Dexter
Douglas E. Dexter
Attorneys for Defendant,
SFO SHUTTLE BUS COMPANY

27
28
10

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

1
2

ORDER
3
4
5

PURSUANT TO THE PARTIES’ STIPULATION, THE FOREGOING

6

PROTECTIVE ORDER IS APPROVED, AND IT IS SO ORDERED.

7

Dated: 08/26/2013

RT

13

.H
helton E
Judge T

ER

15

A

H

14

R NIA

end

NO

12

FO

11

DERED
_________________________________
SO OR ED
IT IS
The Honorable ODIFI E. Henderson
Thelton
AS M
United States District Court Judge
Northern District of California
erson
LI

10

UNIT
ED

9

S DISTRICT
TE
C
TA

RT
U
O

S

8

N

F
D IS T IC T O
R

C

16
17
18
19
20
21
22
23
24
25
26
27
28
11

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

1
2
3
4
5
6
7
8
9
10
11
12
13

EXHIBIT A

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2

1

EXHIBIT A

2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4

SAN FRANCISCO DIVISION

5
6
7

Case No. CV-13-01606-TEH
MICHELLE BONNER, on behalf of
herself and all others similarly situated,
Plaintiff,

8
vs.

9
10
11

CERTIFICATION
OF AGREEMENT TO BE BOUND BY
PROTECTIVE ORDER

SFO SHUTTLE BUS COMPANY; and
DOES 1-20,
Defendants.

12
13
14
15
16

1.

My name is ______________________________________.

I live at _________________________________________________.
I am employed as (state position) ______________________________________
by (state name and address of employer) ______________________________________.

17
18
19
20
21

2.

I have read the Stipulated Protective Order Regarding Confidential Documents and

Information that has been entered in this case, and a copy of it has been given to me. I
understand the provisions of this Order, and agree to comply with and to be bound by its
provisions.

22
23

3.

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

24
25

Executed on __________________________ (date)

26
27

by ___________________________________ (signature)

28
13

STIPULATED PROTECTIVE ORDER
Case No. CV-13-01606-TEH
28634\3797796.2