Tsai v. Basile et al

Filing 119

ORDER by Judge Yvonne Gonzalez Rogers denying without prejudice 116 Joint Stipulation (fs, COURT STAFF) (Filed on 7/6/2015)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 IN RE VIOLIN MEMORY, INC., SECURITIES LITIGATION ORDER DENYING WITHOUT PREJUDICE JOINT MOTION TO ENTER PROPOSED STIPULATED PROTECTIVE ORDER 11 United States District Court Northern District of California Case No. 4:13-cv-05486-YGR 12 13 14 The parties’ [Proposed] Stipulated Protective Order (Dkt. No. 116) is hereby DENIED 15 16 WITHOUT PREJUDICE. 17 online and should be followed by the parties.1 The parties are hereby advised that prior to 18 submitting their revised stipulated protective order, the model order available online should be 19 modified to reflect the following update to Paragraph 6.3, which concerns judicial intervention in 20 the event of a challenged designation: 6.3 21 The District’s Model Protective Order for Standard Litigation is available Judicial Intervention. If the Parties cannot resolve a challenge 22 without court intervention, the parties shall follow the Court’s Standing Order in 23 Civil Cases regarding Discovery and Discovery Motions. The parties may file a 24 joint letter brief regarding retaining confidentiality within 21 days of the initial 25 notice of challenge or within 14 days of the parties agreeing that the meet and 26 confer process will not resolve their dispute, whichever is earlier. Failure by a 27 28 1 See United States District Court, Northern District of California, "Stipulated Protective Orders," http://cand.uscourts.gov/stipprotectorder. 1 Designating Party to file such discovery dispute letter within the applicable 21 or 2 14 day period (set forth above) with the Court shall automatically waive the 3 confidentiality designation for each challenged designation. If, after submitting a 4 joint letter brief, the Court allows that a motion may be filed, any such motion 5 must be accompanied by a competent declaration affirming that the movant has 6 complied with the meet and confer requirements imposed in the preceding 7 paragraph. The Court, in its discretion, may elect to transfer the discovery matter 8 to a Magistrate Judge. In addition, the parties may file a joint letter brief regarding a challenge to 10 a confidentiality designation at any time if there is good cause for doing so, 11 United States District Court Northern District of California 9 including a challenge to the designation of a deposition transcript or any portions 12 thereof. If, after submitting a joint letter brief, the Court allows that a motion may 13 be filed, any motion brought pursuant to this provision must be accompanied by a 14 competent declaration affirming that the movant has complied with the meet and 15 confer requirements imposed by the preceding paragraph. 16 discretion, may elect to refer the discovery matter to a Magistrate Judge. The Court, in its 17 The burden of persuasion in any such challenge proceeding shall be on the 18 Designating Party. Frivolous challenges, and those made for an improper purpose 19 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 20 expose the Challenging Party to sanctions. Unless the Designating Party has 21 waived the confidentiality designation by failing to file a letter brief to retain 22 confidentiality as described above, all parties shall continue to afford the material 23 in question the level of protection to which it is entitled under the Producing 24 Party’s designation until the court rules on the challenge. 25 26 27 28 2 1 In addition, the parties are directed to review the undersigned’s discovery procedures.2 2 This Order terminates Docket No. 116. 3 IT IS SO ORDERED. 4 5 Date: July 6, 2015 6 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 See United States District Court, Northern District of California, Standing Orders of Judge Gonzalez Rogers, http://cand.uscourts.gov/ygrorders 3

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?