McDonald v. CP OpCo, LLC et al
Filing
110
ORDER by Judge Haywood S. Gilliam, Jr. Granting 76 Stipulated Protective Order for Standard Litigation. (ndrS, COURT STAFF) (Filed on 8/27/2018)
1 JOHN T. MULLAN (SBN: 221149)
Email: jtm@rezlaw.com
2 MICHELLE G. LEE (SBN: 266167)
Email: mgl@rezlaw.com
3 MEGHAN F. LOISEL (SBN: 291400)
Email: mfl@rezlaw.com
4 RUDY, EXELROD, ZIEFF & LOWE, L.L.P.
351 California Street, Suite 700
5 San Francisco, CA 94104
6
7
8
9
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
10
11
12
13
Telephone: (415) 434-9800
Facsimile: (415) 434-0513
JAMES M. FINBERG (SBN 114850)
jfinberg@altshulerberzon.com
EILEEN B. GOLDSMITH (SBN 218029)
egoldsmith@altshulerberzon.com
MEREDITH A. JOHNSON (SBN 291018)
mjohnson@altshulerberzon.com
ALTSHULER BERZON L.L.P.
177 Post Street, Suite 300
San Francisco, California 94108
Telephone: (415) 421-7151
Facsimile: (415) 362-8064
Attorneys for Plaintiff DAVID MCDONALD,
14 and all others similarly situated
15 Attorneys for Defendants listed
on the following page.
16
UNITED STATES DISTRICT COURT
17
NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
18 DAVID MCDONALD, on behalf of himself and
Case No. CV 4:17-cv-04915-HSG
19
JOINT STIPULATION AND PROTECTIVE
ORDER FOR STANDARD LITIGATION
all others similarly situated,
20
Plaintiff,
vs.
21 CP OPCO, LLC, dba CLASSIC PARTY
22
23
24
25
26
27
28
RENTALS; INSPERITY PEO SERVICES, L.P.;
APOLLO GLOBAL MANAGEMENT, LLC;
APOLLO CENTRE STREET PARTNERSHIP,
L.P.; APOLLO FRANKLIN PARTNERSHIP,
L.P.; APOLLO CREDIT OPPORTUNITY FUND
III AIV I LP; APOLLO SK STRATEGIC
INVESTMENTS, L.P.; APOLLO SPECIAL
OPPORTUNITIES MANAGED ACCOUNT,
L.P.; APOLLO ZEUS STRATEGIC
INVESTMENTS, L.P.; and DOES 1-20,
Defendant.
Complaint Filed: August 24, 2017
June 24, 2019
/ Trial Date:
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1 MARK JACOBS, SBN 208945
mjacobs@fisherphillips.com
2 CHRISTOPHER M. AHEARN, SBN 239089
cahearn@fisherphillips.com
3 FISHER & PHILLIPS LLP
2050 Main Street, Suite 1000
4 Irvine, California 92614
Telephone: (949) 851-2424
5 Facsimile: (949) 851-0152
Attorneys for Defendant Insperity PEO
Services, LLP
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
6
ANDREW J. EHRLICH
7 aehrlich@paulweiss.com
GREGORY F. LAUFER
8 glaufer@paulweiss.com
PAUL, WEISS, RIFKIND, WHARTON &
9 GARRISON LLP
1285 Avenue of the Americas
10 New York, New York 10019-6064
Telephone: (212) 373-3000
11
MICHELLE C. DOOLIN (179445)
12 mdoolin@cooley.com
SUMMER J. WYNN (240005)
13
swynn@cooley.com
14 COOLEY LLP
4401 Eastgate Mall San Diego, CA 21010
15 Telephone: (858) 550-6000
Facsimile: (858) 550-6420
16
Attorneys for Defendants Apollo Global
Management, L.L.C.; Apollo Centre Street
Partnership, L.P.; Apollo Franklin
Partnership, L.P.; Apollo Credit Opportunity
Fund III AIV L.P.; Apollo SK Strategic
Investments, L.P.; Apollo Special
Opportunities Managed Account, L.P.; Apollo
Zeus Strategic Investments, L.P.
17
18
19
20
21
22
23
24
25
26
27
28
1
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1 1.
PURPOSES AND LIMITATIONS
2
Disclosure and discovery activity in this action are likely to involve production of
3 confidential, proprietary, or private information for which special protection from public disclosure
4 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,
5 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective
6 Order. The parties acknowledge that this Order does not confer blanket protections on all
7 disclosures or responses to discovery and that the protection it affords from public disclosure and
8 use extends only to the limited information or items that are entitled to confidential treatment under
9 the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
10 that this Stipulated Protective Order does not entitle them to file confidential information under
11 seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that
12 will be applied when a party seeks permission from the court to file material under seal.
13 2.
DEFINITIONS
14
2.1
Challenging Party: a Party or Non-Party that challenges the designation of
15 information or items under this Order.
16
2.2
“CONFIDENTIAL” Information or Items: information (regardless of how it is
17 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
18 Civil Procedure 26(c).
19
2.3
Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well
20 as their support staff).
21
2.4
Designating Party: a Party or Non-Party that designates information or items that it
22 produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
23
2.5
Disclosure or Discovery Material: all items or information, regardless of the
24 medium or manner in which it is generated, stored, or maintained (including, among other things,
25 testimony, transcripts, and tangible things), that are produced or generated in disclosures or
26 responses to discovery in this matter.
27
2.6
Expert: a person with specialized knowledge or experience in a matter pertinent to
28 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
1
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1 consultant in this action.
2
2.7
House Counsel: attorneys who are employees of a party to this action. House
3 Counsel does not include Outside Counsel of Record or any other outside counsel.
4
2.8
Non-Party: any natural person, partnership, corporation, association, or other legal
5 entity not named as a Party to this action.
6
2.9
Outside Counsel of Record: attorneys who are not employees of a party to this
7 action but are retained to represent or advise a party to this action and have appeared in this action
8 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
2.10
Party: any party to this action, including all of its officers and directors.
10
RUDY EXELROD ZIEFF & LOWE LLP
9
2.11
Producing Party: a Party or Non-Party that produces Disclosure or Discovery
11 Material in this action.
12
2.12
Professional Vendors: persons or entities that provide litigation support services
13 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
14 storing, or retrieving data in any form or medium) and their employees and subcontractors.
15
2.13
Protected Material: any Disclosure or Discovery Material that is designated as
16 “CONFIDENTIAL.”
17
2.14
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) all
22 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 Receiving
26 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of
27 publication not involving a violation of this Order, including becoming part of the public record
28 through trial or otherwise; and (b) any information known to the Receiving Party prior to the
2
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the
2 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of
3 Protected Material at trial shall be governed by a separate agreement or order.
4 4.
DURATION
5
Even after final disposition of this litigation, the confidentiality obligations imposed by this
6 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
7 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
8 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion
9 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
10 time limits for filing any motions or applications for extension of time pursuant to applicable law.
11 5.
DESIGNATING PROTECTED MATERIAL
12
5.1
Exercise of Restraint and Care in Designating Material for Protection. Each Party or
13 Non-Party that designates information or items for protection under this Order must take care to
14 limit any such designation to specific material that qualifies under the appropriate standards. The
15 Designating Party must designate for protection only those parts of material, documents, items, or
16 oral or written communications that qualify – so that other portions of the material, documents,
17 items, or communications for which protection is not warranted are not swept unjustifiably within
18 the ambit of this Order.
19
Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown
20 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
21 encumber or retard the case development process or to impose unnecessary expenses and burdens
22 on other parties) expose the Designating Party to sanctions.
23 If it comes to a Designating Party’s attention that information or items that it designated for
24 protection do not qualify for protection, that Designating Party must promptly notify all other
25 Parties that it is withdrawing the mistaken designation.
26
5.2
Manner and Timing of Designations. Except as otherwise provided in this Order
27 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
28 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
3
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1 designated before the material is disclosed or produced.
2
Designation in conformity with this Order requires:
3
(a) for information in documentary form (e.g., paper or electronic documents, but
4 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
5 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion
6 or portions of the material on a page qualifies for protection, the Producing Party also must clearly
7 identify the protected portion(s) (e.g., by making appropriate markings in the margins).
8 A Party or Non-Party that makes original documents or materials available for inspection need not
9 designate them for protection until after the inspecting Party has indicated which material it would
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
10 like copied and produced. During the inspection and before the designation, all of the material made
11 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
12 identified the documents it wants copied and produced, the Producing Party must determine which
13 documents, or portions thereof, qualify for protection under this Order. Then, before producing the
14 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page
15 that contains Protected Material. If only a portion or portions of the material on a page qualifies for
16 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making
17 appropriate markings in the margins).
18
(b) for testimony given in deposition or in other pretrial or trial proceedings, that the
19 Designating Party identify on the record, before the close of the deposition, hearing, or other
20 proceeding, all protected testimony.
21
(c) for information produced in some form other than documentary and for any other
22 tangible items, that the Producing Party affix in a prominent place on the exterior of the container
23 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a
24 portion or portions of the information or item warrant protection, the Producing Party, to the extent
25 practicable, shall identify the protected portion(s).
26
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
27 designate qualified information or items does not, standing alone, waive the Designating Party’s
28 right to secure protection under this Order for such material. Upon timely correction of a
4
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1 designation, the Receiving Party must make reasonable efforts to assure that the material is treated
2 in accordance with the provisions of this Order.
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
7 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
8 challenge a confidentiality designation by electing not to mount a challenge promptly after the
9 original designation is disclosed.
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
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
5
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
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
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
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
12 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to
13 file a motion to retain confidentiality as described above, all parties shall continue to afford the
14 material in question the level of protection to which it is entitled under the Producing Party’s
15 designation until the court 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 in connection with this case only for prosecuting,
19 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
20 the categories of persons and under the conditions described in this Order. When the litigation has
21 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
22 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
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
26 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
27 information or item designated “CONFIDENTIAL” only to:
28
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
6
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
2 information for this litigation;
3
(b) the officers, directors, and employees (including House Counsel) of the Receiving
4 Party to whom disclosure is reasonably necessary for this litigation;
5
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
6 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement
7 to Be Bound” (Exhibit A);
8
(d) the court and its personnel;
9
(e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
10 Professional Vendors to whom disclosure is reasonably necessary for this litigation;
11
(f) during their depositions, witnesses in the action to whom disclosure is reasonably
12 necessary. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected
13 Material must be separately bound by the court reporter and may not be disclosed to anyone except
14 as permitted under this Stipulated Protective Order.
15
(g) the author or recipient of a document containing the information or a custodian or
16 other person who otherwise possessed or knew the information.
17 8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
18
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,” that Party
21 must:
22
(a) promptly notify in writing the Designating Party. Such notification shall include a
23 copy of the subpoena or court order;
24
(b) promptly notify in writing the party who caused the subpoena or order to issue in the
25 other litigation that some or all of the material covered by the subpoena or order is subject to this
26 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
27
(c) cooperate with respect to all reasonable procedures sought to be pursued by the
28 Designating Party whose Protected Material may be affected.
7
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1
If the Designating Party timely seeks a protective order, the Party served with the subpoena
2 or court order shall not produce any information designated in this action as “CONFIDENTIAL”
3 before a determination by the court from which the subpoena or order issued, unless the Party has
4 obtained the Designating Party’s permission. The Designating Party shall bear the burden and
5 expense of seeking protection in that court of its confidential material – and nothing in these
6 provisions should be construed as authorizing or encouraging a Receiving Party in this action to
7 disobey a lawful directive from another court.
8 9.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
9
LITIGATION
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
10
(a) The terms of this Order are applicable to information produced by a Non-Party in
11 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
12 connection with this litigation is protected by the remedies and relief provided by this Order.
13 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional
14 protections.
15
(b) In the event that a Party is required, by a valid discovery request, to produce a Non-
16 Party’s confidential information in its possession, and the Party is subject to an agreement with the
17 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
18
(1) promptly notify in writing the Requesting Party and the Non-Party that some or
19 all of the information requested is subject to a confidentiality agreement with a Non-Party;
20
(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order
21 in this litigation, the relevant discovery request(s), and a reasonably specific description of the
22 information requested; and
23
(3) make the information requested available for inspection by the Non-Party.
24
(c) If the Non-Party fails to object or seek a protective order from this court within 14
25 days of receiving the notice and accompanying information, the Receiving Party may produce the
26 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
27 seeks a protective order, the Receiving Party shall not produce any information in its possession or
28 control that is subject to the confidentiality agreement with the Non-Party before a determination by
8
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of
2 seeking protection in this court of its Protected Material.
3 10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
4
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 Order,
6 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 unauthorized copies of the Protected
8 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the
9 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
10 Agreement to Be Bound” that is attached hereto as Exhibit A.
11 11.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
12
MATERIAL
13
When a Producing Party gives notice to Receiving Parties that certain inadvertently
14 produced material is subject to a claim of privilege or other protection, the obligations of the
15 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision
16 is not intended to modify whatever procedure may be established in an e-discovery order that
17 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence
18 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
19 communication or information covered by the attorney-client privilege or work product protection,
20 the parties may incorporate their agreement in the stipulated protective order submitted to the court.
21 12.
MISCELLANEOUS
22
12.1
Right to Further Relief. Nothing in this Order abridges the right of any person to
23 seek its modification by the court in the future.
24
12.2
Right to Assert Other Objections. By stipulating to the entry of this Protective Order
25 no Party waives any right it otherwise would have to object to disclosing or producing any
26 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
27 Party waives any right to object on any ground to use in evidence of any of the material covered by
28 this Protective Order.
9
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1
12.3
Filing Protected Material. Without written permission from the Designating Party or
2 a court order secured after appropriate notice to all interested persons, a Party may not file in the
3 public record in this action any Protected Material. A Party that seeks to file under seal any
4 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed
5 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at
6 issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing
7 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled
8 to protection under the law. If a Receiving Party's request to file Protected Material under seal
9 pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
10 information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by
11 the court.
12 13.
FINAL DISPOSITION
13
Within 60 days after the final disposition of this action, as defined in paragraph 4, each
14 Receiving Party must return all Protected Material to the Producing Party or destroy such material.
15 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
16 summaries, and any other format reproducing or capturing any of the Protected Material. Whether
17 the Protected Material is returned or destroyed, the Receiving Party must submit a written
18 certification to the Producing Party (and, if not the same person or entity, to the Designating Party)
19 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material
20 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,
21 abstracts, compilations, summaries or any other format reproducing or capturing any of the
22 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy
23 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
24 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant
25 and expert work product, even if such materials contain Protected Material. Any such archival
26 copies that contain or constitute Protected Material remain subject to this Protective Order as set
27 forth in Section 4 (DURATION).
28 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
10
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1 DATED: January 31, 2018
Respectfully submitted,
2
RUDY, EXELROD, ZIEFF & LOWE, LLP
3
4
By: /s/ John T. Mullan
JOHN T. MULLAN
5
6
RUDY, EXELROD, ZIEFF & LOWE, LLP
JOHN T. MULLAN
MICHELLE G. LEE
MEGHAN F. LOISEL
7
8
ALTSHULER BERZON
JAMES M. FINBERG
EILEEN B. GOLDSMITH
MEREDITH A. JOHNSON
9
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
10
11
12
Attorneys for Plaintiff
DAVID MCDONALD, on behalf of himself
and all others similarly situated
13 DATED: January 31, 2018
Respectfully submitted,
14
PAUL, WEISS, RIFKIND, WHARTON
& GARRISON LLP
COOLEY LLP
15
16
By: /s/ Gregory F. Laufer
ANDREW J. EHRLICH (appearing pro
hac vice)
GREGORY F. LAUFER (appearing pro
hac vice)
17
18
19
20
COOLEY LLP
MICHELLE C. DOOLIN
SUMMER J. WYNN
21
22
Attorneys for APOLLO Defendants
23
24
DATED: January 31, 2018
Respectfully submitted,
25
FISHER & PHILLIPS LLP
26
By:
27
28
/s/ Christopher M. Ahearn
MARK JACOBS
CHRISTOPHER M. AHEARN
Attorneys for Defendant
INSPERITY PEO SERVICES, L.P.
11
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1
2
ECF ATTESTATION
3
4
5
6
Pursuant to Civil L.R. 5-1(i)(3), the filer attests that concurrence in the filing of this
document has been obtained from each of the other signatories thereto.
Executed this 31st day of January 2018, at San Francisco, California.
7
8
/s/ John T. Mullan
9
JOHN T. MULLAN
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
10
11
12
PURSUANT TO STIPULATION, IT IS SO ORDERED.
13 DATED: August 27, 2018
14
15
HON. HAYWOOD S. GILLIAM, JR.
DISTRICT COURT JUDGE
16
17
18
19
20
21
22
23
24
25
26
27
28
12
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of _________________ [print or
4 type full address], declare under penalty of perjury that I have read in its entirety and understand the
5 Stipulated Protective Order that was issued by the United States District Court for the Northern
6 District of California on [date] in the case of ___________ [insert formal name of the case and
7 the number and initials assigned to it by the court]. I agree to comply with and to be bound by
8 all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so
9 comply could expose me to sanctions and punishment in the nature of contempt. I solemnly
PH (415) 434-9800 | FX (415) 434-0513 | www.rezlaw.com
351 CALIFORNIA STREET, SUITE 700
SAN FRANCISCO, CALIFORNIA 94104
RUDY EXELROD ZIEFF & LOWE LLP
10 promise that I will not disclose in any manner any information or item that is subject to this
11 Stipulated Protective Order to any person or entity except in strict compliance with the provisions
12 of this Order.
13 I further agree to submit to the jurisdiction of the United States District Court for the Northern
14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order,
15 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 number]
18 as my California agent for service of process in connection with this action or any proceedings
19 related to enforcement of this Stipulated Protective Order.
20
21 Date: ______________________________________
22 City and State where sworn and signed: _________________________________
23
24 Printed name: _______________________________
25
26 Signature: __________________________________
27
28
1
JOINT STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION
CASE NO. CV 4:17-CV-04915-HSG
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?