Rajala v. Sonoma County Go Local Cooperative, Incorporated et al
Filing
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STIPULATION AND ORDER re 43 STIPULATION WITH PROPOSED ORDER re STIPULATED PROTECTIVE ORDER filed by Local Works, Flexible Purpose Corporation, Kelley Rajala. Signed by Judge Jon S. Tigar on October 13, 2015. (wsn, COURT STAFF) (Filed on 10/13/2015)
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DICKENSON, PEATMAN & FOGARTY
J. Scott Gerien (SBN 184728)
sgerien@dpf-law .com
Christopher J. Passarelli (SBN 2411 74)
cpassarelli@dpf-law.com
1455 First Street, Ste. 301
Napa, California 94559
Attorneys for Plaintiff and Counterdefendants,
KELLEY RAJALA and LOCAL WORKS
STAINBROOK & STAINBROOK, LLP
Craig M. Stainbrook (SBN 160876)
craig@stainbrookllp.com
412 Aviation Boulevard, Suite H
Santa Rosa, California 95403
Attorneys for Defendants and Counterclaimants,
SONOMA COUNTY GO LOCAL COOPERATIVE,
IN CORPORATED and SUSTAINING TECHNOLOGIES, LLC
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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KELLEY RAJALA,
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Plaintiff and Counterdefendant,
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vs.
SONOMA COUNTY GO LOCAL
COOPERATIVE,
INCORPORATED and SUSTAINING
TECHNOLOGIES,
LLC.,
CASE NO. 15-CV -00442-JST
STIPULATED PROTECTIVE ORDER FOR
LITIGATION INVOLVING PATENTS,
HIGHLY SENSITIVE CONFIDENTIAL
INFORMATION AND/OR TRADE
SECRETS
Defendants and Counterclaimants.
SONOMA COUNTY GO LOCAL
COOPERATIVE, IN CORPORATED and
SUSTAINING TECHNOLOGIES,
LLC.
Counterclaimants,
vs.
RAJALA, KELLEY, an individual, and
LOCAL WORKS, FLEXIBLE PURPOSE
CORPORATION, a California corporation,
Counterclaim Defendants.
STIPULATED PROTECTIVE ORDER
CASE NO. 15-CV -00442-JST
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1.
PURPOSES AND LIMITATIONS
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Disclosure and discovery activity in this action are likely to involve production of confidential,
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proprietary, or private information for which special protection from public disclosure and from use for
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any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby
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stipulate to and petition the court to enter the following Stipulated Protective Order. The parties
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acknowledge that this Order does not confer blanket protections on all disclosures or responses to
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discovery and that the protection it affords from public disclosure and use extends only to the limited
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information or items that are entitled to confidential treatment under the applicable legal principles. The
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parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does
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not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures
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that must be followed and the standards that will be applied when a party seeks permission from the court
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to file material under seal.
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2.
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DEFINITIONS
2.1
Chal lenging Party: a Party or Non-Pmiy that challenges the designation of information or
items under this Order.
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2.2
"CONFIDENTIAL" Information or Items: information (regardless of how it is generated,
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stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure
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26(c).
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2.3
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their support staff).
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2.5
Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as
Designating Party: a Party or Non-Party that designates information or items that it
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produces in disclosures or in responses to discovery as "CONFIDENTIAL" or "HIGHLY
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CONFIDENTIAL- ATTORNEYS' EYES ONLY"
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2.6
Disclosure or Discovery Material: all items or information, regardless of the medium or
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manner in which it is generated, stored, or maintained (including, among other things, testimony,
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transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in
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this matter.
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2.7
Expert: a person with specialized knowledge or experience in a matter pertinent to the
STIPULATED PROTECTIVE ORDER
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CASE NO. 15-CV-00442-JST
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litigation who ( 1) has been retained by a Party or its counsel to serve as an expert witness or as a
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consultant in this action, (2) is not a past or current employee of a Party or of a Party's competitor, and (3)
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at the time of retention, is not anticipated to become an employee of a Party or of a Party's competitor.
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This definition includes a professional jury or trial consultant retained in connection with this litigation.
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2.8
"HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" Information or Items:
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extremely sensitive "Confidential Information or Items," disclosure of which to another Party or Non-
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Party would create a substantial risk of serious harm that could not be avoided by less restrictive means.
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does not include Outside Counsel of Record or any other outside counsel.
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House Counsel: attorneys who are employees of a party to this action. House Counsel
Non-Party: any natural person, partnership, corporation, association, or other legal entity
not named as a Party to this action.
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2.12
Outside Counsel of Record: attorneys who are not employees of a party to this action but
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are retained to represent or advise a party to this action and have appeared in this action on behalf of that
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party or are affiliated with a law firm which has appeared on behalf of that party.
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2.13
any party to this action, including all of its officers, directors, employees,
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
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2.14
Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in
this action.
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2.15
Professional Vendors: persons or entities that provide litigation support services (e.g.,
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photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or
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retrieving data in any form or medium) and their employees and subcontractors.
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Protected Material: any Disclosure or Discovery Material that is designated as
"CONFIDENTIAL," or as "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY."
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2.17
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Party.
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3.
Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing
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SCOPE
The protections conferred by this Stipulation and Order cover not only Protected Material (as
defined above), but also (I) any information copied or extracted from Protected Material; (2) all copies,
STIPULATED PROTECTIVE ORDER
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CASE NO. 15-CV-00442-JST
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excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or
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presentations by Parties or their Counsel that might reveal Protected Material. However, the protections
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conferred by this Stipulation and Order do not cover the following information: (a) any information that is
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in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain
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after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order,
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including
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becoming part of the public record through trial or otherwise; and (b) any information known to the
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Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a
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source who obtained the information lawfully and under no obligation of confidentiality to the Designating
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Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
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4.
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DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by this Order
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shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise
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directs. Final disposition shall be deemed to be the later of ( 1) dismissal of all claims and defenses in this
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action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all
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appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any
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motions or applications for extension of time pursuant to applicable law.
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5.
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DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-
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Party that designates information or items for protection under this Order must take care to limit any such
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designation to specific material that qualifies under the appropriate standards. To the extent it is practical
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to do so, the Designating Party must designate for protection only those parts of material, documents,
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items, or oral or written communications that qualify- so that other portions of the material, documents,
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items, or communications for which protection is not warranted are not swept unjustifiably within the
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ambit of this Order.
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Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be
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clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or
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retard the case development process or to impose unnecessary expenses and burdens on other parties)
STIPULATED PROTECTIVE ORDER
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CASE NO. 15-CV-00442-JST
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expose the Designating Party to sanctions.
If it comes to a Designating 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 asserted,
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that Designating 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 Order (see, e.g.,
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second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery
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Material that qualifies for protection under this Order must be clearly so designated before the material is
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disclosed or produced.
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Designation in conformity with this Order requires:
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(a) for information in documentary form (e.g., paper or electronic documents, but excluding
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transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend
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"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY" to each page that
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contains protected material. If only a portion or portions of the material on a page qualifies for protection,
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the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
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markings in the margins) and must specify, for each portion, the level of protection being asserted.
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A Party or Non-Party that makes original documents or materials available for inspection need 11ot ,
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designate them for protection until after the inspecting Party has indicated which material it would like
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copied and produced. During the inspection and before the designation, all of the material made available
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for inspection shall be deemed "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY." After the
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inspecting Party has identified the documents it wants copied and produced, the Producing Party must
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determine which documents, or portions thereof, qualify for protection under this Order. Then, before
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producing the specified documents, the Producing Party must affix the appropriate legend
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("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY") to each page that
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contains Protected Material. If only a portion or portions of the material on a page qualifies for protection,
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the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
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markings in the margins) and must specify, for each portion, the level of protection being asserted.
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(b) for testimony given in deposition or in other pretrial or trial proceedings, that the Designating
STIPULATED PROTECTIVE ORDER
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CASE NO. 15-CV-00442-JST
Party identify on the record, before the close of the deposition, hearing, or other proceeding, all protected
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testimony and specify the level of protection being asserted. When it is impractical to identify separately
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each portion of testimony that is entitled to protection and it appears that substantial portions of the
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testimony may qualify for protection, the Designating Party may invoke on the record (before the
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deposition, hearing, or other proceeding is concluded) a right to have up to 30 days to identify the specific
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portions of the testimony as to which protection is sought and to specify the level of protection being
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asserted. Only those portions of the testimony that are appropriately designated for protection within the
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30 days shall be covered by the provisions of this Stipulated Protective Order. Alternatively, a Designating
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Party may specify, at the deposition or up to 30 days afterwards if that period is properly invoked, that the
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entire transcript shall be treated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- ATTORNEYS'
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EYES ONLY."
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Parties shall give the other parties notice if they reasonably expect a deposition. hearing or
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other proceeding to include Protected Material so that the other parties can ensure that only
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authorized individuals who have signed the "Acknowledgment and Agreement to Be Bound"
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