O'Connor et al v. Uber Technologies, Inc. et al

Filing 181

STIPULATION AND ORDER re 178 STIPULATION WITH PROPOSED ORDER Stipulated Protective Order filed by Uber Technologies, Inc., PROTECTIVE ORDER. Signed by Judge Edward M. Chen on 10/21/14. (bpf, COURT STAFF) (Filed on 10/21/2014)

1
2
3
4
5
6
7

ROBERT JON HENDRICKS, State Bar No. 179751
STEPHEN L. TAEUSCH, State Bar No. 247708
CAITLIN V. MAY, State Bar No. 293141
MORGAN, LEWIS & BOCKIUS LLP
One Market Street, Spear Street Tower
San Francisco, California 94105-1126
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
UBER TECHNOLOGIES, INC.

8
9
10
11

SHANNON LISS-RIORDAN, pro hac vice
([e-mail])
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone:
[phone]
Facsimile:
[phone]

12
13
14
15
16

MATTHEW D. CARLSON (SBN 273242)
([e-mail])
CARLSON LEGAL SERVICES
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone:
[phone]
Attorneys for Plaintiffs
DOUGLAS O’CONNOR, et al.

17
18

UNITED STATES DISTRICT COURT

19

NORTHERN DISTRICT OF CALIFORNIA

20
21
22

DOUGLAS O’CONNOR, THOMAS
COLOPY, DAVID KHAN, MATTHEW
MANAHAN, WILSON ROLLE, JR., and
WILLIAM ANDERSON, individually and
on behalf of all others similarly situated;

23
24
25
26

Case No. CV 13-03826-EMC
STIPULATED PROTECTIVE ORDER
Complaint Filed:

August 16, 2013

Plaintiffs,
vs.
UBER TECHNOLOGIES, INC.,
Defendant.

27
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

1

STIPULATED PROTECTIVE ORDER
Case No. CV 13-03826-EMC

1

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

2

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

3

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

4

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

5

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

6

all disclosures or responses to discovery and that the protection it affords from public disclosure

7

and use extends only to the limited information or items that are entitled to confidential treatment

8

under the applicable legal principles. The parties further acknowledge that this Stipulated

9

Protective Order does not entitle them to file confidential information under seal; Civil Local

10

Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied

11

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

12

1.

The Protective Order shall govern all materials deemed to be “Confidential

13

Information.” A Party may designate as “Confidential Information” any documents or

14

information produced in response to informal or formal discovery requests, subpoenas and/or

15

other exchanges of documents/information which, in good faith, such Party deems confidential,

16

including without limitation, any documents or information:

17
18

(a)

business or pricing information and/or financial records and information of Defendant;

19
20

(b)

(c)

25

Referring or related to any other confidential or trade secret information of

Defendant; and

23
24

Referring or related to any current, former or prospective business partner

or third-party vendor of Defendant;

21
22

Referring or related to confidential and proprietary human resources,

(d)

Any portions of depositions (including audio or video) where Confidential

Information is disclosed or used as exhibits.
Nothing in this Protective Order shall be deemed to require the production of information

26

that a party believes to be objectionable on other grounds, nor shall anything in this Protective

27

Order be deemed to allow for non-production of confidential information that is otherwise

28

discoverable.

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

2

STIPULATED PROTECTIVE ORDER
Case No. CV 13-03826-EMC

1

2.

In the case of documents and the information contained therein, designation of

2

Confidential Information produced pursuant to this Order shall be made by placing the following

3

legend on the face of the document or collection of documents: “CONFIDENTIAL –

4

PRODUCED PURSUANT TO PROTECTIVE ORDER.” Upon such designation, all parties

5

shall treat the identified information as confidential under this agreement until and unless it is

6

otherwise agreed by all parties or ordered by the Court. In the event a party neglects to identify

7

any disclosed information as confidential, it may do so after disclosure by sending notice to all

8

parties that clearly delineates the confidential information and describes the reason for the initial

9

failure to designate.

10

3.

Confidential Information shall be held in confidence by each qualified recipient to

11

whom it is disclosed, shall be used only for purposes of this action, shall not be used for any

12

business purpose, and shall be disclosed only to qualified recipients for purposes that are

13

specifically and directly related to the reasonable conduct of this litigation.

14

4.

15
16

Qualified recipients shall include only the following:
(a)

In-house counsel and law firms for each Party and the secretarial, clerical

and paralegal staff of each, if/as needed to perform their job duties;

17

(b)

Deposition notaries;

18

(c)

Persons other than legal counsel who have been retained or specially

19

employed by a Party as an expert witness or consultant for purposes of this lawsuit or to perform

20

investigative work or fact research, provided that the disclosing counsel identify to opposing

21

counsel such expert witness or consultant, and provide to opposing counsel that individual’s full

22

curriculum vitae, at least one week before the disclosure for the sole purpose of affording the

23

opposing party an opportunity to object to the disclosure if necessary. However, the opposing

24

party shall not be permitted to use the disclosure of any such expert witness or consultant for any

25

other purpose in the litigation. The opposing party shall have one week to notify the disclosing

26

counsel of an objection to the disclosure. If any objections are raised, no confidential materials

27

shall be shown to the expert witness or consultant until after all objections have been resolved by

28

the Court;

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

3

STIPULATED PROTECTIVE ORDER
Case No. CV 13-03826-EMC

1

(d)

Deponents during the course of their depositions or potential witnesses of

3

(e)

A mediator selected by mutual agreement of the Parties; and

4

(f)

The Parties as defined above through their employees who are engaged

2

5
6

this case;

directly in this litigation on a need to know basis.
5.

Persons to whom Confidential Information is shown shall be informed of the terms

7

of this Order and advised that its breach may be punished or sanctioned as contempt of the Court.

8

Deponents may be shown Confidential materials during their deposition but shall not be permitted

9

to keep copies of said Confidential materials nor any portion of the deposition transcript

10

reflecting the Confidential Information. Portions of deposition testimony deemed confidential by

11

any party may be so designated at the deposition, and any such testimony shall be segregated in

12

the deposition transcript and identified as “confidential” by the stenographer assigned to the

13

deposition.

14
15

6.

Challenging Confidentiality Designations
(a)

Timing of Challenges. Any Party or Non-Party may challenge a

16

designation of confidentiality at any time. Unless a prompt challenge to a designating party’s

17

confidentiality designation is necessary to avoid foreseeable, substantial unfairness, unnecessary

18

economic burdens, or a significant disruption or delay of the litigation, a party does not waive its

19

right to challenge a confidentiality designation by electing not to mount a challenge promptly

20

after the original designation is disclosed.

21

(b)

Meet and Confer. The party challenging a confidentiality designation shall

22

initiate the dispute resolution process by providing written notice of each designation it is

23

challenging and describing the basis for each challenge. The parties shall attempt to resolve each

24

challenge in good faith and must begin the process by conferring directly (in voice to voice

25

dialogue; other forms of communication are not sufficient) within 14 days of the date of service

26

of notice. In conferring, the challenging party must explain the basis for its belief that the

27

confidentiality designation was not proper and must give the designating party an opportunity to

28

review the designated material, to reconsider the circumstances, and, if no change in designation

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

4

STIPULATED PROTECTIVE ORDER
Case No. CV 13-03826-EMC

1

is offered, to explain the basis for the chosen designation.

2

(c)

Judicial Intervention. If the parties cannot resolve a challenge without

3

court intervention, the designating party shall file and serve a motion to retain confidentiality

4

under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21

5

days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and

6

confer process will not resolve their dispute, whichever is earlier. Each such motion must be

7

accompanied by a competent declaration affirming that the movant has complied with the meet

8

and confer requirements imposed in the preceding paragraph. Failure by the designating party to

9

make such a motion including the required declaration within 21 days (or 14 days, if applicable)

10

shall automatically waive the confidentiality designation for each challenged designation. In

11

addition, the challenging party may file a motion challenging a confidentiality designation at any

12

time if there is good cause for doing so, including a challenge to the designation of a deposition

13

transcript or any portions thereof. Any motion brought pursuant to this provision must be

14

accompanied by a competent declaration affirming that the movant has complied with the meet

15

and confer requirements imposed by the preceding paragraph. The burden of persuasion in any

16

such challenge proceeding shall be on the designating party. Frivolous challenges, and those

17

made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on

18

other parties) may expose the challenging party to sanctions. Unless the designating party has

19

waived the confidentiality designation by failing to file a motion to retain confidentiality as

20

described above, all parties shall continue to afford the material in question the level of protection

21

to which it is entitled under the Producing Party’s designation until the court rules on the

22

challenge.

23

7.

No copies of Confidential Information shall be made except as required for the

24

conduct of this litigation and by or on behalf of attorneys of record in this action. Any person

25

making copies of such information shall maintain all copies within their possession or the

26

possession of those entitled to access to such information under this Order. Copies of

27

confidential documents that are attached to pleadings or motions filed with the court may be

28

retained in counsel’s file. Any other copies of confidential documents shall be destroyed when no

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

5

STIPULATED PROTECTIVE ORDER
Case No. CV 13-03826-EMC

1
2
3
4

longer required for purposes of this litigation.
8.

All information and/or documents produced in this action that are Confidential

shall be used only for purposes of this litigation and not for any other purpose.
9.

In the event that a Party wishes to use any Confidential Information in any papers

5

filed in Court in this litigation, the Party shall file a motion requesting that the Court maintain the

6

documents containing Confidential Information under seal pursuant to Civil Local Rule 79-5. In

7

the event the Party does not believe the documents should be filed under seal, it shall meet and

8

confer with regard to which documents, if any, should be filed under seal. Should the Parties not

9

agree upon which documents should be placed under seal, the Party seeking the maintenance of

10

such documents under seal shall file a motion requesting that the Court maintain the documents

11

under seal. The Parties acknowledge that whether Confidential Information submitted to the

12

Court is maintained under seal is subject to the Court’s ultimate decision on any motion to place

13

and/or accept confidential documents under seal. The parties shall follow the procedure set forth

14

in Civil Local Rule 79-5 regarding filing documents under seal in civil cases.

15

10.

The termination of this action shall not relieve the Parties and persons obligated

16

hereunder from their responsibility to maintain the confidentiality of information designated

17

confidential pursuant to this Order.

18

11.

Upon termination of this action by entry of a final judgment (inclusive of any

19

appeals or petitions for review), the Parties may request the return or destruction of all previously

20

furnished Confidential Information, including any copies thereof, and each person or Party to

21

whom such Confidential Information has been furnished or produced shall be obligated to comply

22

with such request within thirty (30) days, with the exception of copies of Confidential

23

Information that were filed with the Court as part of this action, which the Parties’ counsel shall

24

be permitted to retain. Any Confidential Information that is not requested shall be destroyed,

25

subject to the provisions of paragraph 8 herein.

26

12.

Nothing in this Protective Order shall be construed as an admission as to the

27

relevance, authenticity, foundation or admissibility of any document, material, transcript, or other

28

information.

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

6

STIPULATED PROTECTIVE ORDER
Case No. CV 13-03826-EMC

1
2
3

13.

Nothing in the Protective Order shall be deemed to preclude any Party from

moving to modify or dissolve this Order.
14.

This Protective Order, until it is entered by the Court, and even if it is never

4

entered by the Court, shall be deemed to be an enforceable agreement between the Parties, except

5

that either Party may apply to the Court to challenge a confidentiality designation.

6
7

Dated: October 16, 2014

LICHTEN & LISS-RIORDAN, P.C.

8
By:

9
10
11

Dated: October 16, 2014

/s/ Shannon Liss-Riordan_________
Shannon Liss-Riordan
Attorneys for Plaintiffs

MORGAN, LEWIS & BOCKIUS LLP

12
By: __/s/ Stephen L. Taeusch______
Stephen L. Taeusch
Attorneys for Defendant

13
14
15

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20

RT

22

J

ER

24

A

H

23

. Chen

ward M
udge Ed

NO

21

R NIA

_____________________________________
Hon. Edward M.ERED
ORD Chen
United States District Judge
T IS SO
I

FO

19

10/21/14
DATED: ________________________

UNIT
ED

18

RT
U
O

S

17

S DISTRICT
TE
C
TA

LI

16

ORDER

N

F
D IS T IC T O
R

C

25
26
27
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

7

STIPULATED PROTECTIVE ORDER
Case No. CV 13-03826-EMC

1

EXHIBIT A

2

Acknowledgement and Agreement to Be Bound by Protective Order:

3

I, ____________________, acknowledge that I have received a copy of the Stipulated

4

Confidentiality Agreement and Protective Order (Order) in the lawsuit Douglas O’Connor, et al.,

5

v. Uber Technologies, Inc., pending in United States District Court, Case No. 13-03826-EMC.

6

Having read and understood its terms, I agree to be bound by the Order and consent to the

7

jurisdiction of said Court for any proceeding to enforce the terms of the Order.

8
9

I further agree that, within thirty (30) days after my responsibilities relating to this case
end, I will destroy all copies of any confidential documents that were provided to me in this case.

10
11

Name of individual:

12

Present occupation/job description:

13

Name of Company or Firm:

14

Address:

15

Dated:

16
17
18

Signature

19
20
21
22
23
24
25
26
27
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

8

STIPULATED PROTECTIVE ORDER
Case No. CV 13-03826-EMC

1
2

ECF ATTESTATION
I, Stephen L. Taeusch, am the ECF User whose ID and Password are being used to file

3

this STIPULATED PROTECTIVE ORDER. In compliance with General Order 45 X.B, I hereby

4

attest that Shannon Liss-Riordan has concurred in this filing.

5
Dated: October 16, 2014

MORGAN, LEWIS & BOCKIUS LLP

6
By /s/ Stephen L. Taeusch
Stephen L. Taeusch
Attorneys for Defendant
UBER TECHNOLOGIES, INC.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

9

STIPULATED PROTECTIVE ORDER
Case No. CV 13-03826-EMC