Lucido v. Nestle Purina Pet Care Company

Filing 57

STIPULATION AND ORDER. Signed by Judge Edward M. Chen on 8/10/15. (bpf, COURT STAFF) (Filed on 8/10/2015)

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1 Jeffrey B. Cereghino, SBN 099480 2 3 4 5 6 7 8 Email: jbc@rocklawcal.com Michael F. Ram, SBN 104805 Email: mram@rocklawcal.com Matt J. Malone, SBN 221545 Email: mjm@rocklawcal.com Susan Brown, SBN 287986 Email: sbrown@rocklawcal.com RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP 555 Montgomery Street, Suite 820 San Francisco, California 94111 Telephone: (415) 433-4949 9 10 [Additional Counsel Appear on Signature Page] 11 Attorneys for Plaintiffs and Proposed Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 12 13 14 FRANK LUCIDO, ALMACEO AND LAURAE CAMPBELL, RICHARD 15 CARTER, REGGIE SMITH, DAVID BALMER, KAREN PHILLIPS, WAYNE 16 COLELLO, KAREN BAKER, RICKY BISHARAT, HOPE BENHAM, ROBIN 17 BENHAM, VIRGINIA BURGARDT, 18 CYNTHIA XENAKIS, DIANE PORTER, LANCE CARLSON, GRACE 19 ARMSTRONG, JENNIFER HICKEY, THOMAS AND SHARON NORMAND, 20 CHRISTINA WINTERS, ROBERT BRYDEN, REGINA BOLLINGER, PAT 21 KELLY, AMERICA PENA, ELIZABETH 22 RODARTE, and KACY KIMBALL, on behalf of themselves and all others similarly 23 situated, 24 25 Case No. 15-cv-00569-EMC CLASS ACTION STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION Judge: Courtroom: H on. Edward M. Chen 5 Complaint Filed: February 5, 2015 Plaintiffs, v. 26 NESTLÉ PURINA PETCARE COMPANY, a Missouri corporation; and DOES1 through 27 200, inclusive, 28 Defendants. 1 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, trade secret, or private information for which special protection from 4 public disclosure and from use for any purpose other than prosecuting this litigation may be 5 warranted. Accordingly, the parties to this action hereby stipulate to and petition the court to enter 6 the following Stipulated Protective Order. The parties acknowledge that this Order does not confer 7 blanket protections on all disclosures or responses to discovery and that the protection it affords 8 from public disclosure and use extends only to the limited information or items that are entitled to 9 confidential treatment under the applicable legal principles. The parties further acknowledge, as set 10 forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 11 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 12 followed and the standards that will be applied when a party seeks permission from the court to file 13 material under seal. 14 2. DEFINITIONS 15 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 16 information or items under this Order. 17 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 19 Civil Procedure 26(c). 20 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 21 as their support staff). 22 2.4 Designating Party: a Party or Non-Party that designates information or items that it 23 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 24 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 25 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium 26 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 27 transcripts, and tangible things), that are produced or generated in disclosures or responses to 28 discovery in this matter. 2 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 2 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 3 consultant in this action and is not a current employee of a business competitor of a party or 4 currently anticipated to become an employee of a business competitor of a party. 5 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: 6 extremely sensitive “CONFIDENTIAL” Information or Items, disclosure of which to another 7 Litigant or Non-Party would create a substantial risk of serious harm that could not be avoided by 8 less restrictive means. 9 2.8 House Counsel: attorneys who are employees of a party to this action. House 10 Counsel does not include Outside Counsel of Record or any other outside counsel. 11 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal 12 entity not named as a Party to this action. 13 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this action 14 but are retained to represent or advise a party to this action and have appeared in this action on 15 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 16 2.11 Party: any party to this action, including all of its officers, directors, employees, 17 consultants, retained Experts, and Outside Counsel of Record (and their support staffs). 18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 19 Material in this action. 20 2.13 Professional Vendors: persons or entities that provide litigation support services 21 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 22 storing, or retrieving data in any form or medium) and their employees and subcontractors. 23 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 24 “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 25 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 26 Producing Party. 27 28 3 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected Material (as 3 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 4 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 5 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 6 However, the protections conferred by this Stipulation and Order do not cover the following 7 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 8 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 9 publication not involving a violation of this Order, including becoming part of the public record 10 through trial or otherwise; and (b) any information independently known to the Receiving Party 11 where such knowledge was obtained by the Receiving Party in a lawful manner via a lawful source 12 who obtained the information lawfully and was under no obligation of confidentiality to the 13 Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement 14 or order. 15 4. DURATION 16 Even after final disposition of this litigation, the confidentiality obligations imposed by this 17 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 18 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 19 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 20 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 21 time limits for filing any motions or applications for extension of time pursuant to applicable law. 22 5. DESIGNATING PROTECTED MATERIAL 23 5.1 24 Each Party or Non-Party that designates information or items for protection under this Order Exercise of Restraint and Care in Designating Material for Protection. 25 must take care to limit any such designation to specific material that qualifies under the appropriate 26 standards. The Designating Party must designate for protection only those parts of material, 27 documents, items, or oral or written communications that qualify – so that other portions of the 28 4 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 material, documents, items, or communications for which protection is not warranted are not swept 2 unjustifiably within the ambit of this Order. 3 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 4 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 5 encumber or retard the case development process or to impose unnecessary expenses and burdens on 6 other parties) expose the Designating Party to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it designated for 8 protection do not qualify for protection at all or do not qualify for the level of protection initially 9 asserted, that Designating Party must promptly notify all other Parties that it is withdrawing the 10 mistaken designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 12 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 13 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 14 designated before the material is disclosed or produced. 15 16 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but 17 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 18 affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 19 ONLY” to each page that contains protected material. If only a portion or portions of the material on 20 a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 21 (e.g., by making appropriate markings in the margins). 22 A Party or Non-Party that makes original documents or materials available for inspection 23 need not designate them for protection until after the inspecting Party has indicated which material it 24 would like copied and produced. During the inspection and before the designation, all of the material 25 made available for inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ 26 EYES ONLY.” After the inspecting Party has identified the documents it wants copied and 27 produced, the Producing Party must determine which documents, or portions thereof, qualify for 28 protection under this Order. Then, before producing the specified documents, the Producing Party 5 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 2 ATTORNEYS’ EYES ONLY”) to each page that contains Protected Material. If only a portion or 3 portions of the material on a page qualifies for protection, the Producing Party also must clearly 4 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 5 (b) for testimony given in deposition or in other pretrial or trial proceedings, that 6 the Designating Party identify on the record, before the close of the deposition, hearing, or other 7 proceeding, all protected testimony. When it is impractical to identify separately each portion of 8 testimony that is entitled to protection and it appears that substantial portions of the testimony may 9 qualify for protection, the Designating Party may invoke on the record (before the deposition, 10 hearing, or other proceeding is concluded) a right to have up to 14 days to identify the specific 11 portions of the testimony as to which protection is sought and to specify the level of protection being 12 asserted. Only those portions of the testimony that are appropriately designated for protection within 13 the 14 days shall be covered by the provisions of this Stipulated Protective Order. Alternatively, a 14 Designating Party may specify, at the deposition or up to 14 days afterwards if that period is 15 properly invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY 16 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 17 Parties shall give the other parties notice if they reasonably expect a deposition, hearing or 18 other proceeding to include Protected Material so that the other parties can ensure that only 19 authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound” 20 (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition 21 shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 22 ATTORNEYS’ EYES ONLY.” 23 Transcripts containing Protected Material shall have an obvious legend on the title page that 24 the transcript contains Protected Material, and the title page shall be followed by a list of all pages 25 (including line numbers as appropriate) that have been designated as Protected Material and the level 26 of protection being asserted by the Designating Party. The Designating Party shall inform the court 27 reporter of these requirements. Any transcript that is prepared before the expiration of a 14-day 28 period for designation shall be treated during that period as if it had been designated “HIGHLY 6 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the 2 expiration of that period, the transcript shall be treated only as actually designated. 3 (c) for information produced in some form other than documentary and for any 4 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 5 container or containers in which the information or item is stored the legend “CONFIDENTIAL” or 6 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of the 7 information or item warrant protection, the Producing Party, to the extent practicable, shall identify 8 the protected portion(s). 9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 10 designate qualified information or items does not, standing alone, waive the Designating Party’s 11 right to secure protection under this Order for such material. 12 In the event that any document, material, or testimony that is subject to a 13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation 14 is inadvertently produced without such designation, the Producing Party that inadvertently produced 15 the document shall give written notice of such inadvertent production within 21 days of discovery of 16 the inadvertent production, together with a further copy of the subject document, material, or 17 testimony designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 18 EYES ONLY” (the “Inadvertent Production Notice”). Upon receipt of such Inadvertent Production 19 Notice, the Party that received the inadvertently produced document, material, or testimony shall 20 promptly destroy the inadvertently produced document, material, or testimony and all copies thereof, 21 or, at the expense of the Producing Party, return such together with all copies of such documents, 22 material, or testimony to counsel for the Producing Party and shall retain only the 23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designated 24 documents, material, or testimony. Should the Receiving Party choose to destroy such inadvertently 25 produced document, material, or testimony, the Receiving Party shall notify the Producing Party in 26 writing of such destruction within 14 days of receipt of written notice of the inadvertent production. 27 This provision is not intended to apply to any inadvertent production of any document, material, or 28 testimony protected by attorney-client or work product privileges. In the event that this provision 7 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 conflicts with any applicable law regarding waiver of confidentiality through the inadvertent 2 production of documents, material, or testimony, such law shall govern 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 5 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 6 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 7 or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 8 confidentiality designation by electing not to mount a challenge promptly after the original 9 designation is disclosed. 10 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 11 by providing written notice of each designation it is challenging and describing the basis for each 12 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 13 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 14 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 15 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 16 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 17 Party must explain the basis for its belief that the confidentiality designation was not proper and 18 must give the Designating Party an opportunity to review the designated material, to reconsider the 19 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 20 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 21 has engaged in this meet and confer process first or establishes that the Designating Party is 22 unwilling to participate in the meet and confer process in a timely manner. 23 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 24 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 25 Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the 26 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process 27 will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 28 competent declaration affirming that the movant has complied with the meet and confer 8 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a 2 motion including the required declaration within 21 days (or 14 days, if applicable) shall 3 automatically waive the confidentiality designation for each challenged designation. In addition, the 4 Challenging Party may file a motion challenging a confidentiality designation at any time if there is 5 good cause for doing so, including a challenge to the designation of a deposition transcript or any 6 portions thereof. Any motion brought pursuant to this provision must be accompanied by a 7 competent declaration affirming that the movant has complied with the meet and confer 8 requirements imposed by the preceding paragraph. 9 The burden of persuasion in any such challenge proceeding shall be on the Designating 10 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 11 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 12 Unless the Designating Party has waived the confidentiality designation by failing to file a motion to 13 retain confidentiality as described above, all parties shall continue to afford the material in question 14 the level of protection to which it is entitled under the Producing Party’s designation until the court 15 rules on the challenge. 16 7. ACCESS TO AND USE OF PROTECTED MATERIAL 17 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 18 produced by another Party or by a Non-Party only in connection with this case and only for 19 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 20 disclosed only to the categories of persons and under the conditions described in this Order. When 21 the litigation has been terminated, a Receiving Party must comply with the provisions of section 13 22 below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a location and in a 24 secure manner that ensures that access is limited to the persons authorized under this Order. 25 26 27 28 9 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 2 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 3 information or item designated “CONFIDENTIAL” only to: 4 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 5 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 6 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 7 Bound” that is attached hereto as Exhibit A; 8 (b) the officers, directors, and employees (including House Counsel) of the 9 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed 10 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (c) Experts of the Receiving Party to whom disclosure is reasonably necessary for 12 this litigation and who haves signed the “Acknowledgment and Agreement to Be Bound” 13 (Exhibit A); 14 (d) the court and its personnel; 15 (e) court reporters and their staff, professional jury or trial consultants, and 16 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (f) during their depositions, witnesses in the action to whom disclosure is 19 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 20 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 21 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 22 separately bound by the court reporter and may not be disclosed to anyone except as permitted under 23 this Stipulated Protective Order; and 24 (g) the author or recipient of a document containing the information or a 25 custodian or other person who otherwise possessed or knew the information. 26 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 27 Information or Items. Unless otherwise ordered by the court or permitted in writing by the 28 10 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY 2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 4 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 5 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 6 Bound” that is attached hereto as Exhibit A; 7 (b) Experts of the Receiving Party to whom disclosure is reasonably necessary for 8 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (c) the Receiving Party’s House Counsel, to whom disclosure is reasonably 10 necessary for this litigation and who has signed the “Acknowledgment and Agreement to Be Bound” 11 (Exhibit A); 12 (d) the court and its personnel; 13 (e) court reporters and their staff, professional jury or trial consultants, and 14 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (f) 16 the author or recipient of a document containing the information or a 17 custodian or other person who otherwise possessed or knew the information. 18 7.4 Custody of Executed Copies of “Acknowledgment and Agreement to Be Bound” 19 (Exhibit A) and Providing Copies to other party. As to each executed copy of an “Acknowledgment 20 and Agreement to Be Bound” (Exhibit A) required to be procured by a party under this Protective 21 Order, the procuring party shall retain the original executed copy and shall, except for an Expert, 22 provide a copy to the other party prior upon that party’s request. As for copies of an 23 “Acknowledgment and Agreement to Be Bound” executed by an Expert, the procuring party shall 24 provide upon the producing party’s request, a copy of the executed Exhibit A to the other party at the 25 earlier of (a) the date such Expert must be identified to other parties under the Federal Rules of Civil 26 Procedure or court order, and (b) within 10 days after the final disposition of this action, as defined 27 in paragraph 4. Notwithstanding any contrary language in this Protective Order with respect to 28 11 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 retaining CONFIDENTIAL information following final disposition of this action, each party and its 2 Outside Counsel of Record may retain executed copies of Exhibit A indefinitely. 3 8. 4 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation that compels 5 disclosure of any information or items designated in this action as “CONFIDENTIAL” or “HIGHLY 6 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that Party must: 7 (a) promptly notify in writing the Designating Party. Such notification shall 8 include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the subpoena or order to issue 10 in the other litigation that some or all of the material covered by the subpoena or order is subject to 11 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued by 13 the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the subpoena 15 or court order shall not produce any information designated in this action as “CONFIDENTIAL” or 16 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the court 17 from which the subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking protection in that 19 court of its confidential material – and nothing in these provisions should be construed as 20 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from 21 another court. 22 23 24 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non-Party in this 25 action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 26 EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is 27 protected by the remedies and relief provided by this Order. Nothing in these provisions should be 28 construed as prohibiting a Non-Party from seeking additional protections. 12 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 2 Party’s confidential information in its possession, and the Party is subject to an agreement with the 3 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 4 (1) promptly notify in writing the Requesting Party and the Non-Party that some 5 or all of the information requested is subject to a confidentiality agreement with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 7 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the 8 information requested; and 9 (3) 10 (c) make the information requested available for inspection by the Non-Party. If the Non-Party fails to object or seek a protective order from this court within 21 11 days of receiving the notice and accompanying information, the Receiving Party may produce the 12 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 13 seeks a protective order, the Receiving Party shall not produce any information in its possession or 14 control that is subject to the confidentiality agreement with the Non-Party before a determination by 15 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 16 seeking protection in this court of its Protected Material. 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 19 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 20 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 21 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 22 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 23 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to 24 Be Bound” that is attached hereto as Exhibit A. 25 11. 26 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 27 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 28 13 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 2 modify whatever procedure may be established in an e-discovery order that provides for production 3 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 4 parties reach an agreement on the effect of disclosure of a communication or information covered by 5 the attorney-client privilege or work product protection, the parties may incorporate their agreement 6 in the stipulated protective order submitted to the court. 7 12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 9 its modification by the court in the future. 10 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 11 no Party waives any right it otherwise would have to object to disclosing or producing any 12 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 13 Party waives any right to object on any ground to use in evidence of any of the material covered by 14 this Protective Order. 15 12.3 Filing Protected Material. Without written permission from the Designating Party or a 16 court order secured after appropriate notice to all interested persons, a Party may not file in the 17 public record in this action any Protected Material. A Party that seeks to file under seal any Protected 18 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal 19 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant 20 to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that the 21 Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to 22 protection under the law. If a Receiving Party's request to file Protected Material under seal pursuant 23 to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the Protected 24 Material in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the 25 court. 26 13. FINAL DISPOSITION 27 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 28 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 14 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 2 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 3 the Protected Material is returned or destroyed, the Receiving Party must submit a written 4 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 5 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 6 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 7 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected 8 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 9 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 10 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 11 and expert work product, even if such materials contain Protected Material. Any such archival copies 12 that contain or constitute Protected Material remain subject to this Protective Order as set forth in 13 Section 4 (DURATION). 14 Dated: August 5, 2015 /s/ Jeffrey B. Cerghino, SBN 099480 Jeffrey B. Cereghino, SBN 099480 Email: jbc@rocklawcal.com Michael F. Ram, SBN 104805 Email: mram@rocklawcal.com Matt J. Malone, SBN 221545 Email: mjm@rocklawcal.com Susan Brown, SBN 287986 Email: sbrown@rocklawcal.com RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP 555 Montgomery Street, Suite 820 San Francisco, California 94111 Telephone: (415) 433-4949 Facsimile: (415) 433-7311 15 16 17 18 19 20 21 22 23 24 Karl Molineux, SBN 152884 Donna F. Solen, SBN 297051 Email: dsolen@kkslegal.com KIMBRELL & SOLEN LLC 660 Pennsylvania Avenue, SE, Suite 302 Washington, DC 20003 Telephone: (202) 810-1999 ext. 1 Facsimile: (202) 318-8869 15 25 26 27 28 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 Beth E. Terrell, SBN 178181 Email: bterrell@tmdwlaw.com Adrienne D. McEntee Email: amcentee@tmdwlaw.com Samuel J. Strauss Email: sstrauss@tmdwlaw.com TERRELL MARSHALL DAUDT & WILLIE PLLC 936 North 34th Street, Suite 300 Seattle, Washington 98103 Telephone: (206) 816-6603 Facsimile: (206) 350-3528 2 3 4 5 6 7 8 David Pastor, Admitted Pro Hac Vice Email: dpastor@pastorlawoffice.com PASTOR LAW OFFICE, LLP 63 Atlantic Avenue, 3rd Floor Boston, Massachusetts 02110 Telephone: (617) 742-9700 Facsimile: (617) 742-9701 9 10 11 12 13 Preston W. Leonard Email: pleonard@theleonardlawoffice.com LEONARD LAW OFFICE, P.C. 63 Atlantic Avenue, 3rd Floor Boston, Massachusetts 02110 Telephone: (617) 329-1295 14 15 16 17 Todd Garber Email:tgarber@fbfglaw.com Greg Blankinship Email: gblankinship@fbfglaw.com FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP 1311 Mamaroneck Avenue, Suite 220 White Plains, New York 10605 Telephone: (914) 298-3281, ext 2803 Facsimile: (914) 824-1561 18 19 20 21 22 23 Alan M. Mansfield, SBN 125998 Consumer Law Group of California Email: alan@clgca.com CONSUMER LAW GROUP 10200 Willow Creek Road, Suite 160 San Diego, California 92131 Telephone: (619) 308-5034 Facsimile: (855) 274-1888 24 25 26 27 28 16 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 Roger Mandel, Admitted Pro Hac Vice Email: rlm@lhlaw.net LACKEY HERSHMAN, L.L.P 3102 Oak Lawn Avenue, Suite 777 Dallas, Texas 75219 Telephone: (214) 560-2201 Facsimile: (214) 560-2203 1 2 3 4 5 Denise Sayer Email: denise.sayer@paliareroland.com Odette Soriano Email: odette.soriano@paliareroland.com Margaret Waddell Email: marg.waddell@paliareroland.com PALIARE ROLAND ROSENBERG ROTHSTEIN LLP 155 Wellington Street W Toronto, ON M5J, Canada Telephone: (416) 646-4300 6 7 8 9 10 11 12 Kenneth G. Gilman Email: Kgilman@gilmanpastor.com GILMAN LAW LLP 8951 Bonita Beach Road, S.E., Suite 525 Bonita Springs, Florida 34135 Telephone: (888) 252-0048 13 14 15 16 Michael J. Flannery Email: mflannery@cuneolaw.com CUNEO GILBERT & LADUCA, LLP 300 North Tucker Boulevard, No. 801 St. Louis, Missouri 63101 Telephone: (202)-587-5063 Facsimile: (202) 789-1813 17 18 19 20 Jennifer R. Edwards Email: jre@TheAnimalLawCenter.com THE ANIMAL LAW CENTER 730 W. Hampden Avenue, #304 Englewood, Colorado 80110 Telephone: (303) 322-4355 21 22 23 24 Kim E. Richman Email: krichman@richmanlawgroup.com THE RICHMAN LAW GROUP 195 Plymouth Street Brooklyn, New York 11201 Telephone: (212) 687-8291 25 26 27 28 17 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 Thomas E. Soule Email: tsoule@edcombs.com EDLEMAN, COMBS, LATTURNER & GOODWIN, LLC 20 South Clark Street, Suite 1500 Chicago, Illinois 60603 Telephone: (312) 739-4200 Facsimile: (312) 419-0379 2 3 4 5 6 S. Chandler Visher Email: chandler@visherlaw.com LAW OFFICES OF S. CHANDLER VISHER 44 Montgomery Street, Suite 3830 San Francisco, California 94104 Telephone: (415) 901-0500 Facsimile: (415) 901-0504 7 8 9 10 11 Attorneys for Plaintiffs and Proposed Class 12 13 Dated: August 5, 2015 14 15 16 17 18 19 20 /s/ Dale J. Giali, SBN 150382 Dale J. Giali, SBN #150382 Email: dgiali@mayerbrown.com Andrea M. Weiss, SBN # 252429 Email: aweiss@mayerbrown.com Keri Elizabeth Borders, SBN # 194015 Email: kborders@mayerbrown.com MAYER BROWN 350 South Grand Avenue, 25th Floor Los Angeles, CA 90071-1503 Telephone: (213) 229-9500 Facsimile: (213) 625-0248 Carmine R. Zarlenga, III Email: czarlenga@mayerbrown.com 1999 K Street, NW Washington, DC 20006 Telephone: (202) 263-3227 Facsimile: (202) 263-5227 21 22 23 24 Attorneys for Defendant Nestle Purina Pet Care Company 25 26 27 28 18 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 ORDER 1 SO ORDERED. S DISTRICT TE C TA The Honorable Edward M. Chen United States District Judge RT U O S 8/10/15 3 Dated: 6 DERED O OR IT IS S RT 8 dwa Judge E ER 10 A H 9 hen rd M. C NO 7 R NIA 5 FO UNIT ED 4 LI 2 N F D IS T IC T O R C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of __________________ 5 _______________________________________________________________________ [print or 6 type full address], declare under penalty of perjury that I have read in its entirety and understand the 7 Stipulated Protective Order that was issued by the United States District Court for the Northern 8 District of California on _________________ [date] in the case of Frank Lucido et al. v. Nestle 9 Purina Petcare Company, Case No. 15-cv-00569-EMC. I agree to comply with and to be bound by 10 all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise 12 that I will not disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the Northern 15 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 16 if such enforcement proceedings occur after termination of this action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone number] as 19 my California agent for service of process in connection with this action or any proceedings related 20 to enforcement of this Stipulated Protective Order. 21 22 Dated this _______ day of ________________________, 20____. 23 24 25 26 27 28 20 Case No. 15-cv-00569-EMC -- STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION AMECURRENT 716816401.1 02-Jul-15 08:42

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