Canela v. Costco Wholesale Corporation et al

Filing 18

ORDER by Judge Claudua Wilken Granting 17 Stipulated Protective Order. (ndr, COURT STAFF) (Filed on 12/31/2013)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Kevin J. McInerney 18124 Wedge Parkway, Suite 503 Reno, Nevada 89511 Telephone: (775) 849-3811 Facsimile: (775) 849-3866 Attorney for Plaintiff, LILIANA CANELA SEYFARTH SHAW LLP Kenwood C. Youmans (SBN 68258) David D. Kadue (SBN 113578) 2029 Century Park East, Suite 3500 Los Angeles, California 90067-3021 Telephone: (310) 277-7200 Facsimile: (310) 201-5219 SEYFARTH SHAW LLP William J. Dritsas (SBN 97523) 560 Mission Street, 31st Floor San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 SEYFARTH SHAW LLP Emily Schroeder (SBN 274257) 333 S. Hope Street, Suite 3900 Los Angeles, California 90071 Telephone: (213) 270-9600 Facsimile: (213) 270-9601 Attorneys for Defendant, COSTCO WHOLESALE CORPORATION 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA - OAKLAND DIVISION 21 22 LILIANA CANELA, individually and on behalf of all others similarly situated, Case No. 13-cv-03598-CW 23 [PROPOSED] PROTECTIVE ORDER Plaintiff, 24 25 26 v. Complaint Filed: COSTCO WHOLESALE CORPORATION and DOES 1 through 10, inclusive, July 2, 2013 Defendants. 27 28 1 [PROPOSED] PROTECTIVE ORDER CASE NO. 13-CV-03598-CW 16606958v.1 1 1. 2 PURPOSES AND LIMITATIONS Disclosure and discovery in this action are likely to involve production of confidential, 3 proprietary, or private information for which special protection from public disclosure and from 4 use for any purpose other than prosecuting this litigation would be warranted. Accordingly, the 5 parties hereby stipulate for entry of a Stipulated Protective Order. The parties acknowledge that 6 this Order does not confer blanket protections on all disclosures or responses to discovery and 7 that the protection it affords extends only to the limited information or items that are entitled, 8 under the applicable legal principles, to treatment as confidential. The parties further 9 acknowledge, as set forth in Section 10, below, that this Stipulated Protective Order creates no 10 entitlement to file confidential information under seal. 11 2. 12 13 14 DEFINITIONS 2.1 Party: any party to this action, including any party’s officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff). 2.2 Disclosure or Discovery Material: all items or information, regardless of the 15 medium or manner generated, stored, or maintained (including, among other things, testimony, 16 transcripts, photographs, videos, or tangible things) that are produced or generated in disclosures 17 or responses to discovery in this matter. 18 2.3 “Confidential” Information or Items: information (regardless of how generated, 19 stored or maintained) or tangible things that qualify for protection under standards developed 20 under Federal Rule of Civil Procedure 26(c). 21 2.4 22 Producing Party. 23 2.5 24 25 26 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action. 2.6 Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as “Confidential.” 27 28 1 [PROPOSED] PROTECTIVE ORDER CASE NO. 13-CV-03598-CW 16606958v.1 1 2 2.7 “Confidential.” 3 4 Protected Material: any Disclosure or Discovery Material that is designated as 2.8 Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action. 5 2.9 House Counsel: attorneys who are employees of a Party. 6 2.10 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their 7 support staffs). 8 2.11 Expert: a person or business entity, including its employees and subcontractors, 9 with specialized knowledge or experience in a matter pertinent to the litigation who has been 10 retained by a Party or its counsel to serve as an expert witness or as a consultant in this action 11 and who is not a current employee of a Party’s competitor and who, at the time of retention, has 12 no pending application or offer to become an employee of a Party’s competitor. This definition 13 includes a professional jury or trial consultant retained in connection with this litigation. 14 2.12 Professional Vendors: persons or entities that provide litigation support services 15 (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, 16 storing, retrieving data in any form or medium; etc.) and their employees and subcontractors. 17 3. 18 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material 19 (as defined above), but also any information copied or extracted therefrom, as well as all copies, 20 excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by 21 parties or counsel to or in court or in other settings that might reveal Protected Material. 22 4. DURATION 23 The Court’s jurisdiction to enforce the terms of the Order shall continue for six (6) 24 months after the final conclusion of all aspects of the litigation. Nonetheless, the parties agree to 25 abide by the confidentiality obligations imposed by this Order, which shall remain in effect until 26 a Designating Party agrees otherwise in writing or a court order otherwise directs. 27 28 2 [PROPOSED] PROTECTIVE ORDER CASE NO. 13-CV-03598-CW 16606958v.1 1 2 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. To the 3 extent reasonably possible, each Party or non-party that designates information or items for 4 protection under this Order must take care to limit any such designation to specific material that 5 qualifies under the appropriate standards. 6 The parties agree that, where it would be not cost effective to review every document for 7 confidentiality issues, the parties may designate an entire group of documents as confidential, 8 including but not limited to in the case of mass e-mail or internal document production. If the 9 opposing party, upon review, feels that a particular document is not properly confidential, he or 10 she may confer with the Designating Party, which shall withdraw the designation if warranted. 11 Absent agreement, the parties may seek Court relief as provided herein. 12 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 13 (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered, 14 material that qualifies for protection under this Order must be clearly so designated before the 15 material is disclosed or produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (apart from transcripts of depositions or 18 other pretrial or trial proceedings), that the Producing Party affix the legend “CONFIDENTIAL” 19 to each page that contains protected material. 20 A Party or non-party that makes original documents or materials available for inspection 21 need not designate them for protection until after the inspecting Party has indicated which 22 material it would like copied and produced. During the inspection and before the designation, all 23 of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the 24 inspecting Party has identified the documents it wants copied and produced, the Producing Party 25 must determine which documents, or portions thereof, qualify for protection under this Order, 26 then, before producing the specified documents, the Producing Party must affix the appropriate 27 legend (“CONFIDENTIAL”) on each page that contains Protected Material. 28 3 [PROPOSED] PROTECTIVE ORDER CASE NO. 13-CV-03598-CW 16606958v.1 1 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 2 Party or non-party offering or sponsoring the testimony identify on the record, before the close of 3 the deposition, hearing, or other proceeding that the deposition contains confidential information. 4 (c) for information produced in some form other than documentary, and for any other 5 tangible items, that the Producing Party affix in a prominent place on the exterior of the 6 container or containers in which the information or item is stored the legend 7 “CONFIDENTIAL.” 8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 9 designate qualified information or items as “Confidential” does not, standing alone, waive the 10 Designating Party’s right to secure protection under this Order for such material. If material is 11 appropriately designated as “Confidential” after the material was initially produced, the 12 Receiving Party, on timely notification of the designation, must make reasonable efforts to 13 assure that the material is treated in accordance with the provisions of this Order. 14 6. 15 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party’s 16 confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary 17 economic burdens, or a later significant disruption or delay of the litigation, a Party does not 18 waive its right to challenge a confidentiality designation by electing not to mount a challenge 19 promptly after the original designation is disclosed. 20 6.2 Meet and Confer. A Party that elects to initiate a challenge to a Designating 21 Party’s confidentiality designation must do so in good faith and must begin the process by 22 conferring directly with counsel for the Designating Party. In conferring, the challenging Party 23 must explain the basis for its belief that the confidentiality designation was not proper and must 24 give the Designating Party an opportunity to review the designated material, to reconsider the 25 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 26 designation. A challenging Party may proceed to the next stage of the challenge process only if it 27 has engaged in this meet and confer process first. 28 4 [PROPOSED] PROTECTIVE ORDER CASE NO. 13-CV-03598-CW 16606958v.1 1 6.3 Judicial Intervention. If a Party elects to press a challenge to a confidentiality 2 designation, after considering the justification offered by the Designating Party (or the 3 Designating Party has failed to meet and confer after repeated requests), the parties will jointly 4 contact the Court to resolve the challenge, or if the Designating Party declines to participate in 5 jointly contacting the Court, the challenging Party may move ex parte to bring the issue before 6 the Court. Until the Court rules on the challenge, all parties shall continue to afford the material 7 in question the level of protection to which it is entitled under the Producing Party’s designation. 8 7. 9 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 10 or produced by another Party or by a non-party in connection with this case only for prosecuting, 11 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only 12 to the categories of persons and under the conditions described in this Order. When the litigation 13 has been terminated, a Receiving Party must comply with the provisions of section 11, below 14 (FINAL DISPOSITION). 15 Protected Material must be stored and maintained by a Receiving Party at a location and 16 in a secure manner that ensures that access is limited to the persons authorized under this Order. 17 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 18 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 19 disclose any information or item designated CONFIDENTIAL only to: 20 (a) the Receiving Party’s Outside Counsel of record in this action, as well as 21 employees of said Counsel to whom it is reasonably necessary to disclose the information for 22 this litigation; 23 24 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation; 25 (c) experts (as defined in this Order) to whom disclosure is reasonably necessary for 26 this litigation and who have signed the “Agreement to Be Bound by Protective Order” (Exhibit 27 A); 28 5 [PROPOSED] PROTECTIVE ORDER CASE NO. 13-CV-03598-CW 16606958v.1 1 (d) the Court and its personnel; 2 (e) court reporters, their staffs, and Professional Vendors to whom disclosure is 3 reasonably necessary for this litigation; 4 (f) during their depositions and in preparation for their depositions, witnesses in the 5 action to whom disclosure is reasonably necessary. Pages of transcribed deposition testimony or 6 exhibits to depositions that reveal Protected Material must be separately bound by the court 7 reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective 8 Order; 9 (g) 10 information; and 11 (h) 12 8. the author or any recipient of the document or the original source of the any Party, who then shall have all the rights and duties of a Receiving Party. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 13 LITIGATION 14 If a Receiving Party is served with a subpoena or an order issued in other litigation that 15 would compel disclosure of any information or items designated in this action as 16 “CONFIDENTIAL,” the Receiving Party must so notify the Designating Party, in writing (by 17 fax, if possible) immediately and in no event more than three court days after receiving the 18 subpoena or order. Such notification must include a copy of the subpoena or court order. 19 The Receiving Party also must immediately inform in writing the Party who caused the subpoena 20 or order to issue in the other litigation that some or all the material covered by the subpoena or 21 order is the subject of this Protective Order. In addition, the Receiving Party must deliver a copy 22 of this Stipulated Protective Order promptly to the Party in the other action that caused the 23 subpoena or order to issue. 24 The purpose of imposing these duties is to alert the interested parties to the existence of 25 this Protective Order and to afford the Designating Party in this case an opportunity to try to 26 protect its confidentiality interests in the court from which the subpoena or order issued. The 27 Designating Party shall bear the burdens and the expenses of seeking protection in that court of 28 6 [PROPOSED] PROTECTIVE ORDER CASE NO. 13-CV-03598-CW 16606958v.1 1 its confidential material – and nothing in these provisions should be construed as authorizing or 2 encouraging a Receiving Party in this action to disobey a lawful directive from another court. 3 9. 4 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 5 Material to any person or in any circumstance not authorized under this Stipulated Protective 6 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 7 unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, 8 and (c) inform the person or persons to whom unauthorized disclosures were made of all the 9 terms of this Order. 10 10. FILING PROTECTED MATERIAL 11 Without written permission from the Designating Party or a court order secured after a 12 joint conference call with the magistrate judge, a Party may not file in the public record in this 13 action any Protected Material. A Party that seeks to file under seal any Protected Material must 14 comply with the Local Rules. In addition to placing documents in a sealed envelope with 15 instructions that the document is filed pursuant to the Stipulated Protective Order and that the 16 envelope is not to be opened absent further order of the court, the envelope should be labeled to 17 identify the title of the case, the case number, and the title of the document. 18 11. 19 FINAL DISPOSITION Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days 20 after the final termination of this action, each Receiving Party must return all Protected Material 21 to the Producing Party. As used in this subdivision, “all Protected Material” includes all copies, 22 abstracts, compilations, summaries or any other form of reproducing or capturing any of the 23 Protected Material. With permission in writing from the Designating Party, the Receiving Party 24 may destroy some or all of the Protected Material instead of returning it. Whether the Protected 25 Material is returned or destroyed, the Receiving Party must submit a written certification to the 26 Producing Party (and, if not the same person or entity, to the Designating Party) by the sixty day 27 deadline that identifies (by category, where appropriate) all the Protected Material that was 28 7 [PROPOSED] PROTECTIVE ORDER CASE NO. 13-CV-03598-CW 16606958v.1 1 returned or destroyed and that affirms that the Receiving Party has not retained any copies, 2 abstracts, compilations, summaries or other forms of reproducing or capturing any of the 3 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 4 copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney 5 work product, even if such materials contain Protected Material. Any such archival copies that 6 contain or constitute Protected Material remain subject to this Protective Order as set forth in 7 Section 4 (DURATION), above. The Court’s jurisdiction to enforce the terms of the Order shall 8 continue for six (6) months after the final conclusion of all aspects of the litigation. 9 12. 10 11 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 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 13 Order no Party waives any right it otherwise would have to object to disclosing or producing any 14 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 15 no Party waives any right to object on any ground to use in evidence of any of the material 16 covered by this Protective Order. 17 IT IS SO ORDERED. 18 19 Dated: 12/31/2013 HON. CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 8 [PROPOSED] PROTECTIVE ORDER CASE NO. 13-CV-03598-CW 16606958v.1 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I declare under penalty of perjury that I have read in its entirety and understand the 4 Stipulated Protective Order that was issued by the United States District Court for the Northern 5 District of California in the case of Liliana Canela v. Costco Wholesale Corporation, Case No. 6 Case No. 13-cv-03598-CW. I agree to comply with and be bound by all the terms of this 7 Stipulated Protective Order. I promise that I will not disclose in any manner any information or 8 item that is subject to this Stipulated Protective Order to any person or entity except in strict 9 compliance with the provisions of this Order. 10 I further agree to submit to the jurisdiction of the United States District Court for the 11 Northern District of California for the purpose of enforcing the terms of the Stipulated Protective 12 Order, even if such enforcement proceedings occur after termination of this action. I hereby 13 appoint Kevin McInerney, 18124 Wedge Parkway, Suite 503, Reno, Nevada 89511, telephone 14 (775) 849-3811, as my agent for service of process in connection with this action or any 15 proceeding related to enforcement of this Stipulated Protective Order. 16 17 Date: 18 City and State where sworn and signed: 19 Printed name: 20 Signature: 21 22 23 24 25 26 27 28 1 [PROPOSED] PROTECTIVE ORDER CASE NO. 13-CV-03598-CW 16606958v.1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?