Pinzon v. Simpson Gumpertz & Heger Inc.
Filing
21
ORDER by Judge Yvonne Gonzalez Rogers denying without prejudice 17 Motion to Enter Proposed Stipulated Protective Order (fs, COURT STAFF) (Filed on 4/7/2015)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
8
9
LUISA PINZON,
10
United States District Court
Northern District of California
ORDER DENYING WITHOUT PREJUDICE JOINT
MOTION TO ENTER PROPOSED STIPULATED
PROTECTIVE ORDER
Plaintiff,
11
12
Case No.: 14-CV-5562 YGR
vs.
SIMPSON GUMPERTZ & HEGER, INC., et. al.,
13
Defendant.
14
The parties’ [Proposed] Stipulated Protective Order (Dkt. No. 17) is hereby DENIED
15
16
WITHOUT PREJUDICE.
The parties’ proposed order is not based on this District’s Model Protective
17
Order. The District’s Model Protective Order for Standard Litigation is available online.1 The
18
parties are hereby advised that prior to submitting their revised stipulated protective order, the
19
model order available online should be modified to reflect the following update to Paragraph 6.3,
20
which concerns judicial intervention in the event of a challenged designation:
21
6.3
22
Judicial Intervention. If the Parties cannot resolve a challenge
23
without court intervention, the parties shall follow the Court’s Standing Order in
24
Civil Cases regarding Discovery and Discovery Motions. The parties may file a
25
joint letter brief regarding retaining confidentiality within 21 days of the initial
26
notice of challenge or within 14 days of the parties agreeing that the meet and
27
28
1
See United States District Court, Northern District of California, "Stipulated Protective Orders,"
http://cand.uscourts.gov/stipprotectorder.
1
confer process will not resolve their dispute, whichever is earlier. Failure by a
2
Designating Party to file such discovery dispute letter within the applicable 21 or
3
14 day period (set forth above) with the Court shall automatically waive the
4
confidentiality designation for each challenged designation. If, after submitting a
5
joint letter brief, the Court allows that a motion may be filed, any such motion
6
must be accompanied by a competent declaration affirming that the movant has
7
complied with the meet and confer requirements imposed in the preceding
8
paragraph. The Court, in its discretion, may elect to transfer the discovery matter
9
to a Magistrate Judge.
In addition, the parties may file a joint letter brief regarding a challenge to
11
United States District Court
Northern District of California
10
a confidentiality designation at any time if there is good cause for doing so,
12
including a challenge to the designation of a deposition transcript or any portions
13
thereof. If, after submitting a joint letter brief, the Court allows that a motion may
14
be filed, any motion brought pursuant to this provision must be accompanied by a
15
competent declaration affirming that the movant has complied with the meet and
16
confer requirements imposed by the preceding paragraph.
17
discretion, may elect to refer the discovery matter to a Magistrate Judge.
The Court, in its
18
The burden of persuasion in any such challenge proceeding shall be on the
19
Designating Party. Frivolous challenges, and those made for an improper purpose
20
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
21
expose the Challenging Party to sanctions. Unless the Designating Party has
22
waived the confidentiality designation by failing to file a letter brief to retain
23
confidentiality as described above, all parties shall continue to afford the material
24
in question the level of protection to which it is entitled under the Producing
25
Party’s designation until the court rules on the challenge.
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. 17.
3
IT IS SO ORDERED.
4
5
Date: April 7, 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?