Reynoso v. Textron Inc.

Filing 24

STIPULATED PROTECTIVE ORDER re 22 . Signed by Judge Patricia V. Trumbull on 10/26/10. (pvtlc1) (Filed on 10/31/2010)

Reynoso v. Textron Inc.

Doc. 24

1 Peter Dubrawski (Bar No. 65677)

2 HAIGHT BROWN & BONESTEEL LLP 3 Los Angeles, CA 90045-1574 4 Facsimile: 310.215.7300

Krsto Mijanovic (Bar No. 205060) 6080 Center Drive, Suite 800 Telephone: [phone]

5 Attorneys for Defendant JACOBSEN DIVISION

OF TEXTRON INC.

6 7 8 9 10

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE BRANCH ) Case No. C09 01227 LHK PVT ) ) STIPULATED PROTECTIVE ORDER ) ) ) ) ) ) ) ) ) ) ) )

11 CARMEN REYNOSO, individually; MIGUEL REYNOSO, individually; 12 PRISCILLA REYNOSO, individually; MARIA de JESUS REYES, individually, 13 Plaintiffs, 14 vs. 15 TEXTRON, INC., a Corporation; 16 JACOBSEN, A TEXTRON COMPANY, a Corporation; DOES 1 to 50, 17 Defendants. 18 19 20 1.

PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of

21 confidential, proprietary, or private information for which special protection from public 22 disclosure and from use for any purpose other than prosecuting this litigation would be 23 warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the 24 following Stipulated Protective Order. The parties acknowledge that this Order does not 25 confer blanket protections on all disclosures or responses to discovery and that the 26 protection it affords extends only to the limited information or items that are entitled under 27 the applicable legal principles to treatment as confidential. 28
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The parties further acknowledge, as set forth in Section 10, below, that this

2 Stipulated Protective Order creates no entitlement to file confidential information under 3 seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the 4 standards that will be applied when a party seeks permission from the court to file material 5 under seal. 6 7 2. 2.1. DEFINITIONS Party: any party to this action, including all of its officers, directors,

8 employees, consultants, retained experts, and outside counsel (and their support staff). 9 2.2. Disclosure or Discovery Material: all items or information, regardless of the

10 medium or manner generated, stored, or maintained (including, among other things, 11 testimony, transcripts, or tangible things) that are produced or generated in disclosures or 12 responses to discovery in this matter. 13 2.3. Confidential Information or Items: information (regardless of how

14 generated, stored or maintained) or tangible things that qualify for protection under 15 standards developed under F.R.Civ.P. 26(c). 16 2.4. Highly Confidential Attorneys Eyes Only Information or Items:

17 extremely sensitive Confidential Information or Items whose disclosure to another Party 18 or nonparty would create a substantial risk of serious injury that could not be avoided by 19 less restrictive means. 20 2.5. Receiving Party: a Party that receives Disclosure or Discovery Material from

21 a Producing Party. 22 2.6. Producing Party: a Party or non-party that produces Disclosure or Discovery

23 Material in this action. 24 2.7. Designating Party: a Party or non-party that designates information or items

25 that it produces in disclosures or in responses to discovery as Confidential or Highly 26 Confidential 27 2.8. Attorneys Eyes Only. Protected Material: any Disclosure or Discovery Material that is designated

28 as Confidential or as Highly Confidential Attorneys Eyes Only.
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2.9.

Outside Counsel: attorneys who are not employees of a Party but who are

2 retained to represent or advise a Party in this action. 3 4 2.10. House Counsel: attorneys who are employees of a Party. 2.11. Counsel (without qualifier): Outside Counsel and House Counsel (as well as

5 their support staffs). 6 2.12. Expert: a person with specialized knowledge or experience in a matter

7 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 8 expert witness or as a consultant in this action and who is not a past or a current employee 9 of a Party or of a competitor of a Party s and who, at the time of retention, is not 10 anticipated to become an employee of a Party or a competitor of a Party s. This definition 11 includes a professional jury or trial consultant retained in connection with this litigation. 12 2.13. Professional Vendors: persons or entities that provide litigation support

13 services (e.g., photocopying; videotaping; translating; preparing exhibits or 14 demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their 15 employees and subcontractors. 16 17 3. SCOPE

The protections conferred by this Stipulation and Order cover not only Protected

18 Material (as defined above), but also any information copied or extracted therefrom, as 19 well as all copies, excerpts, summaries, or compilations thereof, plus testimony, 20 conversations, or presentations by parties or counsel to or in court or in other settings that 21 might reveal Protected Material. 22 23 4. DURATION

Even after the termination of this litigation, the confidentiality obligations imposed

24 by this Order shall remain in effect until a Designating Party agrees otherwise in writing or 25 a court order otherwise directs. 26 27 5. 5.1. DESIGNATING PROTECTED MATERIAL Exercise of Restraint and Care in Designating Material for Protection. Each

28 Party or non-party that designates information or items for protection under this Order
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1 must take care to limit any such designation to specific material that qualifies under the 2 appropriate standards. A Designating Party must take care to designate for protection only 3 those parts of material, documents, items, or oral or written communications that qualify 4 so that other portions of the material, documents, items, or communications for which 5 protection is not warranted are not swept unjustifiably within the ambit of this Order. 6 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 7 shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to 8 unnecessarily encumber or retard the case development process, or to impose unnecessary 9 expenses and burdens on other parties), expose the Designating Party to sanctions. If it 10 comes to a Party s or a non-party s attention that information or items that it designated for 11 protection do not qualify for protection at all, or do not qualify for the level of protection 12 initially asserted, that Party or non-party must promptly notify all other parties that it is 13 withdrawing the mistaken designation. 14 5.2. Manner and Timing of Designations. Except as otherwise provided in this

15 Order (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or 16 ordered, material that qualifies for protection under this Order must be clearly so 17 designated before the material is disclosed or produced. Designation in conformity with 18 this Order requires: (a) for information in documentary form (apart from transcripts of 19 depositions or other pretrial or trial proceedings), that the Producing Party affix the legend 20 CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY at

21 the top of each page that contains protected material. If only a portion or portions of the 22 material on a page qualifies for protection, the Producing Party also must clearly identify 23 the protected portion(s) (e.g., by making appropriate markings in the margins) and must 24 specify, for each portion, the level of protection being asserted (either CONFIDENTIAL 25 or HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY ). A Party or non-party

26 that makes original documents or materials available for inspection need not designate 27 them for protection until after the inspecting Party has indicated which material it would 28 like copied and produced. During the inspection and before the designation, all of the
LAW OFFICES HAIGHT, BROWN & BONESTEEL, L.L.P. Los Angeles

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1 material made available for inspection shall be deemed HIGHLY CONFIDENTIAL 2 ATTORNEYS EYES ONLY. After the inspecting Party has identified the documents it 3 wants copied and produced, the Producing Party must determine which documents, or 4 portions thereof, qualify for protection under this Order, then, before producing the 5 specified documents, the Producing Party must affix the appropriate legend 6 ( CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY ) at

7 the top of each page that contains Protected Material. If only a portion or portions of the 8 material on a page qualifies for protection, the Producing Party also must clearly identify 9 the protected portion(s) (e.g., by making appropriate markings in the margins) and must 10 specify, for each portion, the level of protection being asserted (either CONFIDENTIAL 11 or HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY ); (b) for testimony given

12 in deposition or in other pretrial or trial proceedings, that the Party or non-party offering or 13 sponsoring the testimony identify on the record, before the close of the deposition, hearing, 14 or other proceeding, all protected testimony, and further specify any portions of the 15 testimony that qualify as HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY.

16 When it is impractical to identify separately each portion of testimony that is entitled to 17 protection, and when it appears that substantial portions of the testimony may qualify for 18 protection, the Party or non-party that sponsors, offers, or gives the testimony may invoke 19 on the record (before the deposition or proceeding is concluded) a right to have up to 20 20 days to identify the specific portions of the testimony as to which protection is sought and 21 to specify the level of protection being asserted ( CONFIDENTIAL or HIGHLY 22 CONFIDENTIAL ATTORNEYS EYES ONLY ). Only those portions of the testimony 23 that are appropriately designated for protection within the 20 days shall be covered by the 24 provisions of this Stipulated Protective Order. Transcript pages containing Protected 25 Material must be separately bound by the court reporter, who must affix to the top of each 26 such page the legend CONFIDENTIAL or HIGHLY CONFIDENTIAL 27 ATTORNEYS EYES ONLY, as instructed by the Party or nonparty offering or 28 sponsoring the witness or presenting the testimony; (c) for information produced in some
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1 form other than documentary, and for any other tangible items, that the Producing Party 2 affix in a prominent place on the exterior of the container or containers in which the 3 information or item is stored the legend CONFIDENTIAL or HIGHLY 4 CONFIDENTIAL ATTORNEYS EYES ONLY. If only portions of the information or 5 item warrant protection, the Producing Party, to the extent practicable, shall identify the 6 protected portions, specifying whether they qualify as Confidential or as Highly 7 Confidential 8 5.3. Attorneys Eyes Only. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

9 to designate qualified information or items as Confidential or Highly Confidential 10 Attorneys Eyes Only does not, standing alone, waive the Designating Party s right to 11 secure protection under this Order for such material. If material is appropriately designated 12 as Confidential or Highly Confidential Attorneys Eyes Only after the material was 13 initially produced, the Receiving Party, on timely notification of the designation, must 14 make reasonable efforts to assure that the material is treated in accordance with the 15 provisions of this Order. 16 17 6. 6.1. CHALLENGING CONFIDENTIALITY DESIGNATIONS Timing of Challenges. Unless a prompt challenge to a Designating Party s

18 confidentiality designation is necessary to avoid foreseeable substantial unfairness, 19 unnecessary economic burdens, or a later significant disruption or delay of the litigation, a 20 Party does not waive its right to challenge a confidentiality designation by electing not to 21 mount a challenge promptly after the original designation is disclosed. 22 6.2. Meet and Confer. A Party that elects to initiate a challenge to a Designating

23 Party s confidentiality designation must do so in good faith and must begin the process by 24 conferring directly (in voice to voice dialogue; other forms of communication are not 25 sufficient) with counsel for the Designating Party. In conferring, the challenging Party 26 must explain the basis for its belief that the confidentiality designation was not proper and 27 must give the Designating Party an opportunity to review the designated material, to 28 reconsider the circumstances, and, if no change in designation is offered, to explain the
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1 basis for the chosen designation. A challenging Party may proceed to the next stage of the 2 challenge process only if it has engaged in this meet and confer process first. 3 6.3. Judicial Intervention. A Party that elects to press a challenge to a

4 confidentiality designation after considering the justification offered by the Designating 5 Party may file and serve a motion under Civil Local Rule 7 (and in compliance with Civil 6 Local Rule 79-5, if applicable) that identifies the challenged material and sets forth in 7 detail the basis for the challenge. Each such motion must be accompanied by a competent 8 declaration that affirms that the movant has complied with the meet and confer 9 requirements imposed in the preceding paragraph and that sets forth with specificity the 10 justification for the confidentiality designation that was given by the Designating Party in 11 the meet and confer dialogue. The burden of persuasion in any such challenge proceeding 12 shall be on the Designating Party. Until the court rules on the challenge, all parties shall 13 continue to afford the material in question the level of protection to which it is entitled 14 under the Producing Party s designation. 15 16 7. 7.1. ACCESS TO AND USE OF PROTECTED MATERIAL Basic Principles. A Receiving Party may use Protected Material that is

17 disclosed or produced by another Party or by a non-party in connection with this case only 18 for prosecuting, defending, or attempting to settle this litigation. Such Protected Material 19 may be disclosed only to the categories of persons and under the conditions described in 20 this Order. When the litigation has been terminated, a Receiving Party must comply with 21 the provisions of section 11, below (FINAL DISPOSITION). Protected Material must be 22 stored and maintained by a Receiving Party at a location and in a secure manner that 23 ensures that access is limited to the persons authorized under this Order. 24 7.2. Disclosure of CONFIDENTIAL Information or Items. Unless otherwise

25 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 26 may disclose any information or item designated CONFIDENTIAL only to: (a) the 27 Receiving Party s Outside Counsel of record in this action, as well as employees of said 28 Counsel to whom it is reasonably necessary to disclose the information for this litigation;
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1 (b) the officers, directors, and employees (including House Counsel) of the Receiving 2 Party to whom disclosure is reasonably necessary for this litigation; (c) experts (as defined 3 in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this 4 litigation and who have signed the Agreement to Be Bound by Protective Order (Exhibit 5 A); (d) the Court and its personnel; (e) court reporters, their staffs, and professional 6 vendors to whom disclosure is reasonably necessary for this litigation and who have signed 7 the Agreement to Be Bound by Protective Order (Exhibit A); (f) during their 8 depositions, witnesses in the action to whom disclosure is reasonably necessary and who 9 have signed the Agreement to Be Bound by Protective Order (Exhibit A). Pages of 10 transcribed deposition testimony or exhibits to depositions that reveal Protected Material 11 must be separately bound by the court reporter and may not be disclosed to anyone except 12 as permitted under this Stipulated Protective Order; (g) the author of the document or the 13 original source of the information. 14 7.3. Disclosure of HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY

15 Information or Items. Unless otherwise ordered by the court or permitted in writing by the 16 Designating Party, a Receiving Party may disclose any information or item designated 17 HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY only to: (a) the Receiving

18 Party s Outside Counsel of record in this action, as well as employees of said Counsel to 19 whom it is reasonably necessary to disclose the information for this litigation and who 20 have signed the Agreement to Be Bound by Protective Order that is attached hereto as 21 Exhibit A; (B) Experts (as defined in this Order) (1) to whom disclosure is reasonably 22 necessary for this litigation, AND (2) who have signed the Agreement to Be Bound by 23 Protective Order (Exhibit A); (d) the Court and its personnel; (e) court reporters, their 24 staffs, and professional vendors to whom disclosure is reasonably necessary for this 25 litigation and who have signed the Agreement to Be Bound by Protective Order (Exhibit 26 A); and (f) the author of the document or the original source of the information. 27 28
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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

2 PRODUCED IN OTHER LITIGATION 3 If a Receiving Party is served with a subpoena or an order issued in other litigation

4 that would compel disclosure of any information or items designated in this action as 5 CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY,

6 the Receiving Party must so notify the Designating Party, in writing (by fax, if possible) 7 immediately and in no event more than three court days after receiving the subpoena or 8 order. Such notification must include a copy of the subpoena or court order. The Receiving 9 Party also must immediately inform in writing the Party who caused the subpoena or order 10 to issue in the other litigation that some or all the material covered by the subpoena or 11 order is the subject of this Protective Order. In addition, the Receiving Party must deliver a 12 copy of this Stipulated Protective Order promptly to the Party in the other action that 13 caused the subpoena or order to issue. 14 The purpose of imposing these duties is to alert the interested parties to the

15 existence of this Protective Order and to afford the Designating Party in this case an 16 opportunity to try to protect its confidentiality interests in the court from which the 17 subpoena or order issued. The Designating Party shall bear the burdens and the expenses 18 of seeking protection in that court of its confidential material and nothing in these

19 provisions should be construed as authorizing or encouraging a Receiving Party in this 20 action to disobey a lawful directive from another court. 21 22 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the 25 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 26 copies of the Protected Material, (c) inform the person or persons to whom unauthorized 27 disclosures were made of all the terms of this Order, and (d) request such person or 28
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1 persons to execute the Acknowledgment and Agreement to Be Bound that is attached 2 hereto as Exhibit A. 3 4 10. FILING PROTECTED MATERIAL

Without written permission from the Designating Party or a court order secured

5 after appropriate notice to all interested persons, a Party may not file in the public record in 6 this action any Protected Material. A Party that seeks to file under seal any Protected 7 Material must comply with Civil Local Rule 79-5. 8 9 10 11. FINAL DISPOSITION

Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days after the final termination of this action, each Receiving

11 Party must return all Protected Material to the Producing Party. As used in this 12 subdivision, all Protected Material includes all copies, abstracts, compilations, 13 summaries or any other form of reproducing or capturing any of the Protected Material. 14 With permission in writing from the Designating Party, the Receiving Party may destroy 15 some or all of the Protected Material instead of returning it. Notwithstanding this 16 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, 17 transcripts, legal memoranda, correspondence or attorney work product, even if such 18 materials contain Protected Material. Any such archival copies that contain or constitute 19 Protected Material remain subject to this Protective Order as set forth in Section 4 20 (DURATION), above. 21 22 12. MISCELLANEOUS

12.1. Right to Further Relief. Nothing in this Order abridges the right of any

23 person to seek its modification by the Court in the future. 24 12.2. Right to Assert Other Objections. By stipulating to the entry of this

25 Protective Order no Party waives any right it otherwise would have to object to disclosing 26 or producing any information or item on any ground not addressed in this Stipulated 27 Protective Order. Similarly, no Party waives any right to object on any ground to use in 28 evidence of any of the material covered by this Protective Order.
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1 2

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

3 Dated: May 17, 2010 4 5 6 7 8 9 10 Dated: May 17, 2010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LAW OFFICES HAIGHT, BROWN & BONESTEEL, L.L.P. Los Angeles

HAIGHT BROWN & BONESTEEL LLP By: /s/ Krsto Mijanovic Peter Dubrawski Krsto Mijanovic Attorneys for Defendant

JACOBSEN DIVISION OF TEXTRON INC.

O'REILLY COLLINS By: /s/ James Collins James Collins Attorneys for Plaintiffs CARMEN REYNOSO, MIGUEL REYNOSO, and PRISCILLA REYNOSO

PURSUANT TO STIPULATION, IT IS SO ORDERED. 10/26/10

Dated:

Hon. Patricia V. Trumbull Mag. Judge, United States District Court

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1 2

EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of 4 ______________________________________________________ [print or type full 5 address], declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for the 7 Northern District of California on ___________ in the case of Carmen Reynoso et al. v. 8 Textron Inc. et al, Case No. C09 01227 JW PVT. I agree to comply with and to be bound 9 by all the terms of this Stipulated Protective Order and I understand and acknowledge that 10 failure to so comply could expose me to sanctions and punishment in the nature of 11 contempt. I solemnly promise that I will not disclose in any manner any information or 12 item that is subject to this Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. I further agree to submit to the jurisdiction of 14 the United States District Court for the Northern District of California for the purpose of 15 enforcing the terms of this Protective Order, even if such enforcement proceedings occur 16 after termination of this action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone 19 number]as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Protective Order. 21 Date: _________________________________ 22 City and State where sworn and signed: _________________________________ 23 Printed name: ______________________________ 24 Signature: __________________________________ 25 26 27 28
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