Fronda v. Staffmark Holdings, Inc. et al

Filing 83

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Maria-Elena James on 5/10/2017. (rmm2S, COURT STAFF) (Filed on 5/10/2017)

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1 2 3 4 5 6 7 Fraser A. McAlpine (State Bar No. 248554) Douglas G. A. Johnston (State Bar No. 268880) Nicole E. Forge (State Bar No. 289567) JACKSON LEWIS P.C. 50 California Street, 9th Floor San Francisco, California 94111 Telephone: 415.394.9400 Facsimjile: 415.394.9401 E-mail: fraser.mcalpine@jacksonlewis.com douglas.johnston@jacksonlewis.com nicole.forde@jacksonlewis.com Attorneys for Defendant CEVA LOGISTICS U.S., INC. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 EARL FRONDA, on behalf of himself, all others similarly situated, 14 17 18 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING HIGHLY SENSITIVE CONFIDENTIAL INFORMATION Plaintiff, 15 16 Case No. 3:15-cv-02315-MEJ vs. STAFFMARK HOLDINGS, INC., a Delaware corporation; CEVA LOGISTICS U.S., INC., a Delaware corporation; CBS PERSONNEL SERVICES, LLC, and DOES 2-50, inclusive, 19 Complaint Filed: April 17, 2015 Removal Filed: April 21, 2015 Third Amended Complaint Filed: December 17, 2015 Defendants. 20 21 1. PURPOSES AND LIMITATIONS 22 Disclosure and discovery activity in this action are likely to involve production of 23 confidential, proprietary, or private information for which special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 25 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 26 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 27 all disclosures or responses to discovery and that the protection it affords from public disclosure 28 and use extends only to the limited information or items that are entitled to confidential treatment 1 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 under the applicable legal principles. The parties further acknowledge, as set forth in Section 2 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 3 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and 4 the standards that will be applied when a party seeks permission from the court to file material 5 under seal. 6 2. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c). 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designated House Counsel: House Counsel who seek access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information in this matter. 2.5 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter. 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action, (2) is not a past or current employee of a Party or of a Party’s competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party’s competitor. 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 2 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 Items: the names and contact information of the putative class members. 2 3 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 4 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this 5 action but are retained to represent or advise a party to this action and have appeared in this action 6 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 7 8 2.11 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 9 10 Party: any party to this action, including all of its officers, directors, employees, 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 11 2.13 Professional Vendors: persons or entities that provide litigation support services 12 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 13 organizing, storing, or retrieving data in any form or medium) and their employees and 14 subcontractors. 15 16 2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 17 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a 18 Producing Party. 19 3. SCOPE 20 The protections conferred by this Stipulation and Order cover not only Protected Material 21 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 22 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 23 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 24 However, the protections conferred by this Stipulation and Order do not cover the following 25 information: (a) any information that is in the public domain at the time of disclosure to a 26 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 27 a result of publication not involving a violation of this Order, including 28 becoming part of the public record through trial or otherwise; and (b) any information known to 3 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure 2 from a source who obtained the information lawfully and under no obligation of confidentiality to 3 the Designating Party. Any use of Protected Material at trial shall be governed by a separate 4 agreement or order. 5 4. DURATION 6 Even after final disposition of this litigation, the confidentiality obligations imposed by 7 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 8 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 9 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 10 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 11 including the time limits for filing any motions or applications for extension of time pursuant to 12 applicable law. 13 5. 14 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 15 or Non-Party that designates information or items for protection under this Order must take care 16 to limit any such designation to specific material that qualifies under the appropriate standards. 17 To the extent it is practical to do so, the Designating Party must designate for protection only 18 those parts of material, documents, items, or oral or written communications that qualify – so that 19 other portions of the material, documents, items, or communications for which protection is not 20 warranted are not swept unjustifiably within the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 22 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 23 unnecessarily encumber or retard the case development process or to impose unnecessary 24 expenses and burdens on other parties) expose the Designating Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it designated 26 for protection do not qualify for protection at all or do not qualify for the level of protection 27 initially asserted, that Designating Party must promptly notify all other parties that it is 28 withdrawing the mistaken designation. 4 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 2 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 3 Disclosure or Discovery 4 Material that qualifies for protection under this Order must be clearly so designated before the 5 material is disclosed or produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic documents, but 8 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 9 Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 10 EYES ONLY” to each page that contains protected material. If only a portion or portions of the 11 material on a page qualifies for protection, the Producing Party also must clearly identify the 12 protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for 13 each portion, the level of protection being asserted. 14 A Party or Non-Party that makes original documents or materials available for inspection 15 need not designate them for protection until after the inspecting Party has indicated which 16 material it would like copied and produced. During the inspection and before the designation, all 17 of the material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL – 18 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants 19 copied and produced, the Producing Party must determine which documents, or portions thereof, 20 qualify for protection under this Order. Then, before producing the specified documents, the 21 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY 22 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that contains Protected 23 Material. If only a portion or portions of the material on a page qualifies for protection, the 24 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 25 markings in the margins) and must specify, for each portion, the level of protection being 26 asserted. 27 28 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the Designating Party identify on the record, before the close of the deposition, hearing, or other 5 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 proceeding, all protected testimony and specify the level of protection being asserted. When it is 2 impractical to identify separately each portion of testimony that is entitled to protection and it 3 appears that substantial portions of the testimony may qualify for protection, the Designating 4 Party may invoke on the record (before the deposition, hearing, or other proceeding is concluded) 5 a right to have up to 21 days to identify the specific portions of the testimony as to which 6 protection is sought and to specify the level of protection being asserted. Only those portions of 7 the testimony that are appropriately designated for protection within the 21 days shall be covered 8 by the provisions of this Stipulated Protective Order. Alternatively, a Designating Party may 9 specify, at the deposition or up to 21 days afterwards if that period is properly invoked, that the 10 entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 11 ATTORNEYS’ EYES ONLY.” 12 Parties shall give the other parties notice if they reasonably expect a deposition, hearing or 13 other proceeding to include Protected Material so that the other parties can ensure that only 14 authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound” 15 (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition 16 shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY 17 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 18 Transcripts containing Protected Material shall have an obvious legend on the title page 19 that the transcript contains Protected Material, and the title page shall be followed by a list of all 20 pages (including line numbers as appropriate) that have been designated as Protected Material and 21 the level of protection being asserted by the Designating Party. The Designating Party shall 22 inform the court reporter of these requirements. Any transcript that is prepared before the 23 expiration of a 21-day period for designation shall be treated during that period as if it had been 24 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless 25 otherwise agreed. After the expiration of that period, the transcript shall be treated only as 26 actually designated. 27 28 (c) for information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the container 6 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 or containers in which the information or item is stored the legend “CONFIDENTIAL” or 2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of 3 the information or item warrant protection, the Producing Party, to the extent practicable, shall 4 identify the protected portion(s) and specify the level of protection being asserted. 5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 6 designate qualified information or items does not, standing alone, waive the Designating Party’s 7 right to secure protection under this Order for such material. Upon timely correction of a 8 designation, the Receiving Party must make reasonable efforts to assure that the material is 9 treated in accordance with the provisions of this Order. 10 11 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 12 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 13 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 14 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 15 challenge a confidentiality designation by electing not to mount a challenge promptly after the 16 original designation is disclosed. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 18 process by providing written notice of each designation it is challenging and describing the basis 19 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 20 notice must recite that the challenge to confidentiality is being made in accordance with this 21 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 22 good faith and must begin the process by conferring in person within 14 days of the date of 23 service of notice. In conferring, the Challenging Party must explain the basis for its belief that the 24 confidentiality designation was not proper and must give the Designating Party an opportunity to 25 review the designated material, to reconsider the circumstances, and, if no change in designation 26 is offered, to explain the basis for the chosen designation. 27 28 6.3 Court Intervention. No motions to compel shall be considered. Instead, the parties must meet and confer in person for the purpose of resolving all disputes. If unable to resolve any 7 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 2 disputes, the parties shall file a joint letter that contains the following: (a) A cover page with the case caption, an attestation that the parties met and 3 conferred in person in a good faith attempt to resolve their dispute(s) prior to filing the letter, and 4 the signature of both parties or counsel; 5 6 7 8 9 (b) A joint section setting forth the pertinent factual background and unresolved dispute; (c) A detailed summary of each party’s position, including citations to relevant legal authority; and (d) Each party’s proposed compromise on the issue(s) in dispute. 10 The joint letter shall be limited to five pages, excluding the cover page, and may not be 11 accompanied by exhibits or affidavits other than exact copies of interrogatories, requests for 12 production of documents and/or responses, privilege logs, and relevant deposition testimony. It is 13 preferable that the parties file a separate letter for each dispute. 14 If the parties are unable to meet and confer as directed above, or a moving party is unable 15 to obtain the opposing party’s portion of a joint letter after the meet and confer session, the 16 moving party shall file a written request for a telephonic conference for the purpose of enforcing 17 the Court’s meet and confer requirement, or for the Court to fashion an alternative procedure. The 18 written request shall include a declaration which states any attempt to meet and confer and/or 19 obtain the joint letter, the reasons for the inability to comply with the standing order, and (if 20 possible) three dates and times during which all parties are available for a telephonic conference. 21 The moving party may attach exhibits to the declaration, but the declaration and exhibits 22 combined may not exceed seven pages. The Court will not excuse a party from the requisite in- 23 person meeting unless good cause is shown. 24 The burden of persuasion in any such challenge proceeding shall be on the Designating 25 Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose 26 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 27 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 28 meet and confer and file a joint letter to retain confidentiality as described above, all parties shall 8 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 continue to afford the material in question the level of protection to which it is entitled under the 2 Producing Party’s designation until the court rules on the challenge. 3 7. 4 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 5 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 6 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 7 the categories of persons and under the conditions described in this Order. When the litigation has 8 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 9 DISPOSITION). 10 11 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner1 that ensures that access is limited to the persons authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 13 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 14 information or item designated “CONFIDENTIAL” only to: 15 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 16 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 17 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 18 Bound” that is attached hereto as Exhibit A; 19 (b) the officers, directors, and employees (including House Counsel) of the Receiving 20 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 23 reasonably necessary for this litigation and who have signed the “Acknowledgment and 24 Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff, professional jury or trial consultants, and 27 28 1 It may be appropriate under certain circumstances to require the Receiving Party to store any electronic Protected Material in password-protected form. 9 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 2 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 4 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 5 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 6 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 7 bound by the court reporter and may not be disclosed to anyone except as permitted under this 8 Stipulated Protective Order. 9 10 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 11 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 12 Information or Items. Unless otherwise ordered by the court or permitted in writing by the 13 Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY 14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 15 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 16 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 17 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 18 Bound” that is attached hereto as Exhibit A; 19 (b) Designated House Counsel of the Receiving Party2 (1) who has no involvement in 20 competitive decision-making, (2) to whom disclosure is reasonably necessary for this litigation, 21 (3) who has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (4) as to 22 whom the procedures set forth in paragraph 7.4(a)(1), below, have been followed;3 23 (c) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for 24 25 26 27 28 2 It may be appropriate under certain circumstances to limit the number of Designated House Counsel who may access “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information under this provision. 3 It may also be appropriate under certain circumstances to limit how Designated House Counsel may access “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information. For example, Designated House Counsel may be limited to viewing “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information only if it is filed with the court under seal, or in the presence of Outside Counsel of Record at their offices. 10 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 this litigation, and (2) who have signed the “Acknowledgment and Agreement to Be Bound” 2 (Exhibit A); 3 (d) the court and its personnel4; 4 (e) court reporters and their staff, professional jury or trial consultants, and 5 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 6 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A)5; and 7 8 (f) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 9 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY 10 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to Designated House 11 Counsel or Experts. 12 (a) Unless otherwise ordered by the court or agreed to in writing by the Designating 13 Party, a Party that seeks to disclose to Designated House Counsel any information or item that has 14 been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to 15 paragraph 7.3(b) first must make a written request to the Designating Party that (1) sets forth the 16 full name of the Designated House Counsel and the city and state of his or her residence, and (2) 17 describes the Designated House Counsel’s current and reasonably foreseeable future primary job 18 duties and responsibilities in sufficient detail to determine if House Counsel is involved, or may 19 become involved, in any competitive decision-making. 20 (b) A Party that makes a request and provides the information specified in the 21 preceding respective paragraph may disclose the subject Protected Material to the identified 22 Designated House Counsel unless, within 14 days of delivering the request, the Party receives a 23 written objection from the Designating Party. Any such objection must set forth in detail the 24 grounds on which it is based. 25 4 26 27 28 However, class member contact information must be redacted from any court filing if not essential to the resolution of a disputed issue presented to the court for determination unless the affected class members authorize the non-redacted filing or the court orders otherwise. 5 However, class member contact information must be redacted from any exhibits presented to a witness and attached as exhibits to a deposition transcript if not essential to the examination of the witness unless the affected class members authorize the non-redacted use of their contact information or the court orders otherwise. 11 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 (c) A Party that receives a timely written objection must meet and confer with the 2 Designating Party (through direct voice to voice dialogue) to try to resolve the matter by 3 agreement within seven days of the written objection. If no agreement is reached, the Party 4 seeking to make the disclosure to Designated House Counsel may file a motion as provided in 5 Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) seeking 6 permission from the court to do so. Any such motion must describe the circumstances with 7 specificity, set forth in detail the reasons why the disclosure to Designated House Counsel is 8 reasonably necessary, assess the risk of harm that the disclosure would entail, and suggest any 9 additional means that could be used to reduce that risk. In addition, any such motion must be 10 accompanied by a competent declaration describing the parties’ efforts to resolve the matter by 11 agreement (i.e., the extent and the content of the meet and confer discussions) and setting forth 12 the reasons advanced by the Designating Party for its refusal to approve the disclosure. 13 In any such proceeding, the Party opposing disclosure to Designated House Counsel shall 14 bear the burden of proving that the risk of harm that the disclosure would entail (under the 15 safeguards proposed) outweighs the Receiving Party’s need to disclose the Protected Material to 16 its Designated House Counsel. 17 8. 18 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation that compels 20 disclosure of any information or items designated in this action as “CONFIDENTIAL” or 21 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must: 22 23 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or order to issue in 25 the other litigation that some or all of the material covered by the subpoena or order is subject to 26 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 27 and 28 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 12 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 Designating Party whose Protected Material may be affected. 2 If the Designating Party timely seeks a protective order, the Party served with the 3 subpoena or court order shall not produce any information designated in this action as 4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a 5 determination by the court from which the subpoena or order issued, unless the Party has obtained 6 the Designating Party’s permission. The Designating Party shall bear the burden and expense of 7 seeking protection in that court of its confidential material – and nothing in these provisions 8 should be construed as authorizing or encouraging a Receiving Party in this action to disobey a 9 lawful directive from another court. 10 9. 11 12 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 13 this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 14 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection with 15 this litigation is protected by the remedies and relief provided by this Order. Nothing in these 16 provisions should be construed as prohibiting a Non-Party from seeking additional protections. 17 (b) In the event that a Party is required, by a valid discovery request, to produce a 18 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 19 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 20 1. promptly notify in writing the Requesting Party and the Non-Party that 21 some or all of the information requested is subject to a confidentiality agreement with a Non- 22 Party; 23 2. promptly provide the Non-Party with a copy of the Stipulated Protective 24 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of 25 the information requested; and 26 3. 27 28 (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 14 days of receiving the notice and accompanying information, the Receiving Party may produce the 13 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 2 seeks a protective order, the Receiving Party shall not produce any information in its possession 3 or control that is subject to the confidentiality agreement with the Non-Party before a 4 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 5 burden and expense of seeking protection in this court of its Protected Material. 6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 8 Material to any person or in any circumstance not authorized under this Stipulated Protective 9 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 10 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 11 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 12 made of all the terms of this Order, and (d) request such person or persons to execute the 13 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 14 11. 15 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain inadvertently 17 produced material is subject to a claim of privilege or other protection, the obligations of the 18 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 19 provision is not intended to modify whatever procedure may be established in an e-discovery 20 order that provides for production without prior privilege review. Pursuant to Federal Rule of 21 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 22 communication or information covered by the attorney-client privilege or work product 23 protection, the parties may incorporate their agreement in the stipulated protective order 24 submitted to the court. 25 12. 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 14 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 Order no Party waives any right it otherwise would have to object to disclosing or producing any 2 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 3 Party waives any right to object on any ground to use in evidence of any of the material covered 4 by this Protective Order. 5 12.3 Filing Protected Material. Without written permission from the Designating Party 6 or a court order secured after appropriate notice to all interested persons, a Party may not file in 7 the public record in this action any Protected Material. A Party that seeks to file under seal any 8 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 9 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 10 issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request 11 establishing that the Protected Material at issue is privileged, protectable as a trade secret, or 12 otherwise entitled to protection under the law. If a Receiving Party's request to file Protected 13 Material under seal pursuant to Civil Local Rule 79-5(e) is denied by the court, then the 14 Receiving Party may file the Protected Material in the public record pursuant to Civil Local Rule 15 79-5(e)(2) unless otherwise instructed by the court. 16 13. FINAL DISPOSITION 17 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 18 Receiving Party must return all Protected Material to the Producing Party or destroy such 19 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 20 compilations, summaries, and any other format reproducing or capturing any of the Protected 21 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 22 submit a written certification to the Producing Party (and, if not the same person or entity, to the 23 Designating Party) by the 60-day deadline that (1) identifies (by category, where appropriate) all 24 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 25 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 26 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 27 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 28 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 15 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 product, and consultant and expert work product, even if such materials contain Protected 2 Material. Any such archival copies that contain or constitute Protected Material remain subject to 3 this Protective Order as set forth in Section 4 (DURATION). 4 /// 5 /// 6 /// 7 /// 8 /// 9 /// 10 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: May 8, 2017 SETAREH LAW GROUP 12 13 By: 14 15 16 Dated: May 8, 2017 /s/ Shaun Setareh Shaun Setareh Attorneys for Plaintiff EARL FRONDA ATKINSON, ANDELSON, LOYA, RUUD & ROMO 17 18 By: 19 20 21 /s/ Susan M. Steward Susan M. Steward Barbara S. Van Ligten Philip J. Azzara Attorneys for Defendant STAFFMARK HOLDINGS, INC. 22 23 Dated: May 8, 2017 JACKSON LEWIS P.C. 24 By: 25 26 27 /s/ Fraser A. McAlpine Fraser A. McAlpine Douglas A. G. Johnston Nicole E. Forde Attorneys for Defendant CEVA LOGISTICS U.S., INC. 28 16 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 2 3 ATTESTATION I hereby attest that the other signatories listed, on whose behalf the filing is submitted concur in the filing’s context and have authorized the filing. 4 5 Dated: May 8, 2017 JACKSON LEWIS P.C. 6 7 By: 8 /s/ Fraser A. McAlpine Fraser A. McAlpine 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 May 10, 2017 DATED: ________________________ _____________________________________ The Honorable Maria-Elena James United States Magistrate Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for 6 the Northern District of California on [date] in the case of ___________ [insert formal name of 7 the case and the number and initials assigned to it by the court]. I agree to comply with and to 8 be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge 9 that failure to so comply could expose me to sanctions and punishment in the nature of contempt. 10 I solemnly promise that I will not disclose in any manner any information or item that is subject 11 to this Stipulated Protective Order to any person or entity except in strict compliance with the 12 provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone 18 number] as my California agent for service of process in connection with this action or any 19 proceedings related to enforcement of this Stipulated Protective Order. 20 21 Date: _________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 25 26 Printed name: ______________________________ [printed name] Signature: __________________________________ [signature] 27 28 4835-6756-2568, v. 2 20 STIPULATED PROTECTIVE ORDER Case No. 3:15-cv-02315-MEJ

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