Campbell et al v. Hunter Engineering Company

Filing 20

STIPULATED PROTECTIVE ORDER (MODIFIED BY THE COURT). Signed by Magistrate Judge Howard R. Lloyd on January 24, 2013. (hrllc1, COURT STAFF) (Filed on 1/24/2013)

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ROBERT E. DAVI
E-Mail:
MARYA.
E-Mail:

*E-FILED: January 24, 2013*

E-Mail:~~

DONAHUE•
P.O. BOX 277010
Sacramento, CA 95827
Telephone: [phone]
Facsimile: [phone]
STEVEN E. GARLOCK, ESQ. I Pro Hac Vice
E-Mail: [e-mail]
THOMPSON COBURN LLP
One US Bank Plaza
St. Louis, Missouri 63101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
HUNTER ENGINEERING COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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-oOo-

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TYRONE CAMPBELL and KIM
CAMPBELL,

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Case No. CV12-03777
STIPULATED PROTECTIVE ORDER

Plaintiffs,

(MODIFIED BY THE COURT)

v.

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HUNTER ENGINEERING COMPANY, and
DOES 1 to 40,
Defendants.

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The parties to the above-entitled action hereby stipulate by and through their

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counsel of record to the Court's entry of the following Protective Order applicable to

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documents and information produced or disclosed in this case.

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STIPULATED PROTECTIVE ORDER

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PROCEDURES AND DEFINITIONS
CONFIDENTIAL INFORMATION

1.

The parties or a third-party discovery respondent may designate as "Confidential,"
by stamping or other appropriate means, any document produced in accordance with the
federal discovery rules or by agreement, including, without limitation, interrogatory answers,
responses to requests for production, deposition transcripts and exhibits, pleadings,
motions, briefs, affidavits, and declarations (collectively, "Documents") containing sensitive
proprietary information ("Confidential Information").

However, to the extent feasible, the

above listed documents. shall be prepared in such a manner that the confidential
information is bound separately from the information not entitled to protection.

2.

ACCESS TO CONFIDENTIAL INFORMATION

Confidential Information so designated, and information derived therefrom, shall not
be disclosed to or used by anyone except the persons specified below, and by these
persons solely for purposes of this litigation. For the purpose of this paragraph, the term
"this litigation" includes dealings between a producing party and an insurer or other thirdparty having an actual or potential obligation to indemnify or defend the producing party.

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a. The parties to this litigation, namely Hunter Engineering Company, Inc. and
Tyrone and Kim Campbell (collectively "the Parties");

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b. Counsel for. the Parties and their employees involved in the conduct of this
litigation;

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c. Experts and consultants retained by any of the Parties who have a need for
such information to assist in this litigation;

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d. During deposition or trial, to any deposition or trial witness where necessary
to the testimony of such witness;

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e. The Court, jury, court personnel, court reporters, and similar personnel; or

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f.

Any other person with the prior written consent of the designating party.

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3.

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An entire deposition transcript (including exhibits) may be designated as Confidential

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Material (i) by making a statement to that effect on the record, during the deposition, or (ii)

DEPOSITION TESTIMONY

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STIPULATED PROTECTIVE ORDER

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by sending notification to that effect, by electronic mail, within ten (1 0) days of receiving the
deposition transcript from the court reporter. When a deposition is designated confidential
during a deposition, the deposition shall continue, and if any persons not approved for
access to Confidential Material under this Protective Order are attending the deposition,
they shall leave.

In order to retain the confidential designation made pursuant to this

paragraph, the Designating Party must, within ten (10) days following receipt of a copy of
the final deposition transcript, send to all other parties, the court reporter for the deposition,
and all other persons known to the Designating Party to have received a copy of the
deposition transcript, a letter or other written notice via electronic mail, designating the
relevant portions of the transcript as "CONFIDENTIAL" (the "Ten Day Notice"). The Ten
Day Notice shall identify the pages and lines, and/or exhibits, to be designated as
Confidential Material.

During the time between the deposition and the time when the

Designating Party serves the Ten Day Notice, all parties or other persons known to the
Designating Party to have received a copy of the deposition transcript shall treat such
information as "CONFIDENTIAL." Each copy of the transcript, and portions thereof, so
designated shall be marked, by the person receiving the letter or other notice, with the
legend "CONFIDENTIAL" and shall be governed by the terms of this Protective Order. If
the Designating Party fails to file the Ten Day Notice, the deposition and any exhibits will be
de-designated. The Designating Party may designate portions of a deposition transcript
(including exhibits) as Confidential Information by making a statement to that effect on the
record, during the deposition, and identifying the appropriate level of confidentiality, and
identifying the beginning and ending of the confidential portion and/or exhibits, to be
Confidential Information. If a portion of a deposition transcript and/or exhibits is designated
to be Confidential Information under this subparagraph, no further action by the
Designating Party is necessary to retain the confidential designation.
challenge the Designating Party's designation pursuant to paragraph 5 below.

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STIPULATE.D PROTECTIVE ORDER

A party may

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CONSENT TO BE BOUND

4.

Prior to receiving, being shown, or using Confidential Information, persons falling in
the categories listed in paragraph 2, other than paragraph 2(a), (b), and (e), must be shown
a copy of this protective Order, and must agree in writing or orally on the record during
deposition or trial, io be bound by its terms. In addition, experts, consultants and their
assistants must sign the undertaking attached hereto as Exhibit A.

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NOTICE OF ORDER

CHALLENGE TO DESIGNATIONS

5.

NOTIFICATION AND CHALLENGE

If any of the Parties challenges the confidentiality designation of any Confidential
Information, the party challenging the confidentiality designation may seek appropriate
relief from the Court upon notice of at least five (5) calendar days to all interested parties.
The party claiming confidentiality will have the burden of proving that the challenged
confidentiality designation is appropriate in the circumstances. All interested parties will
make best efforts to resolve such disagreements as to confidentiality before submitting
them to the Court. The parties acknowledge that sanctions may be awarded in connection

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with any such motions. In the event of any discovery or disclosure dispute, the parties and
any affected non-parties shall comply with the undersigned's Standing Order re Civil Discovery Disputes.
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EFFECT ON RESTRICTIONS
6.
the parties submit a Discovery Dispute Joint Report
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If a motion challenging a confidentiality designation is filed, the provisions of this
matter
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Protective Order will apply to the Confidential Only Information until the motion is decided.
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OTHER PROVISIONS

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7.

FILING UNDER SEAL

All documents filed with the Court that contain Confidential Information must be filed
under seal and shall bear a legend referring to this Stipulated Protective Order and
indicating that the information may not be accessed by anyone other than necessary Court
personnel without order of the C9urt or written stipulation of the parties. To the extent
possible, documents to be filed with the court containing Confidential Information, shall be

A party that seeks to file under seal any Confidential Information must comply with Civil
Local Rule 79-5 and General Order 62. Confidential Information may only be filed under
seal pursuant to a court order authorizing the4sealing of the specific Confidential
STIPULATED PROTECTIVE ORDER

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Information at issue. Pursuant to Civil Local Rule 79-5 and General Order 62, a sealing
order will issue only upon a request establishing that the Confidential Information at issue
is privileged, protectable as a trade secret, or otherwise entitled to protection under the
law.
prepared· and filed in such a manner that the confidential information is bound separately
from the information not entitled to protection, and only the designated information shall be
under seal.
Any document filed under seal with the Court subject to this Order will be returned to
the filing party within one hundred and twenty (120) days after a the entry of a final order of
this Court upon written request by the filing party and/or its counsel of record. Thereafter,
the seal will be lifted as to any documents filed under seal and not requested by the filing
party or its counsel of record.

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8.

THIRD PARTY DEPOSITION TESTIMONY/PRODUCTION OF
DOCUMENTS

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Any third-party providing deposition testimony or producing documents or things for

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use iri this action may designate such information, documents or things as Confidential

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Information and avail itself of all provisions of this Stipulated Protective Order to the same

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extent as a party to this action.

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9.

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Upon completion of the litigation, and if requested by the producing party, the

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original and all copies of Documents containing Confidential Information must either be

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returned to counsel for the producing party or be destroyed. The non-producing Parties

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must provide to counsel for the producing party a certificate reflecting such disposition.

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The Parties and their counsel will not be required to return any Document that was

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admitted into evidence at trial, filed with the court, or that contains privileged

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communications or attorney work product.

RETURN OF DOCUMENTS

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10.

SCOPE OF PROTECTIVE ORDER

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Nothing in this Protective Order restricts any of the Parties from using or disclosing

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its own Confidential Information for any purpose. This Protective Order also does not apply

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to information that was lawfully in the possession of a third-party or in the public domain

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before the date of entry of this Protective Order.

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without designation as being Confidential may be retroactively designated in the same

Documents unintentionally produced

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STIPULATED PROTECTIVE ORDER

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manner and shall be treated appropriately from the date written notice of the designation is
provided to the receiving party.

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RETENTION OF JURISDICTION

The Parties and any other person subject to the terms of this Protective Order agree
that this Court has and retains jurisdiction during and after this action is terminated for the
For a period of six months after final disposition of this
purpose of enforcing this Order.
litigation, this court will retain jurisdiction to enforce
the terms of this order.
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APPLICATION TO COURT
This Protective Order is without prejudice to the right of any interested party to apply
to the Court for an order permitting the disclosure of any Confidential Information or to
apply for an order modifying or limiting this Protective Order in any respect.

IT IS SO STIPULATED.

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DONAHUE • DAVIES LLP

Dated: January.\!. 2013.
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By:

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-.R~ ~ ~eArt~ E~.~ ~av'ie~ -.~E=sq=.~- -­

Mary A. Stewart, Esq.
Gr((lgory A. Nelson, Esq.
Attorneys for Defendant,
HUNTER ENGINEERING COMPANY

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Dated: January
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l.Q. 2013.

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AS MODIFIED BY THE COURT
APPROVED AND SO ORDERED.
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Dated: January_, 2013.

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......

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United States District Judge
Magistrate Judge

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STIPULATED PROTECTIVE ORDER