Walpert v. Solar Integrated Roofing Corp. et al

Filing 26

ORDER Granting 25 Joint Motion for Entry of Stipulated Protective Order. Signed by Magistrate Judge Steve B. Chu on 8/29/2024. (exs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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NICK WALPERT,

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Case No.: 3:24-cv-00041-W-SBC
ORDER GRANTING JOINT
MOTION FOR ENTRY OF
STIPULATED PROTECTIVE
ORDER [ECF NO. 25]

Plaintiff,
v.
SOLAR INTEGRATED ROOFING
CORP., a Nevada Corporation; and
DOES 1 through 100, inclusive,
Defendants.

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The Court recognizes that at least some of the documents and information

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("materials") being sought through discovery in the above-captioned action are, for

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competitive reasons, normally kept confidential by the parties. The parties have

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agreed to be bound by the terms of this Protective Order (“Order”) in this action.

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The materials to be exchanged throughout the course of the litigation between

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the parties may contain trade secret or other confidential research, technical, cost,

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price, marketing or other commercial information, as is contemplated by Federal

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Rule of Civil Procedure 26(c)(1)(G). The purpose of this Order is to protect the

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confidentiality of such materials as much as practical during the litigation.
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THEREFORE:

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DEFINITIONS
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The term "confidential information" will mean and include

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information contained or disclosed in any materials, including documents, portions

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of documents, answers to interrogatories, responses to requests for admissions, trial

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testimony, deposition testimony, and transcripts of trial testimony and depositions,

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including data, summaries, and compilations derived therefrom that is deemed to

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be confidential information by any party to which it belongs.

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2.

The term "materials" will include, but is not be limited to: documents;

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correspondence; memoranda; bulletins; blueprints; specifications; customer lists or

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other material that identify customers or potential customers; price lists or schedules

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or other matter identifying pricing; minutes; telegrams; letters; statements;

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cancelled checks; contracts; invoices; drafts; books of account; worksheets; notes

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of conversations; desk diaries; appointment books; expense accounts; recordings;

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photographs; motion pictures; compilations from which information can be

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obtained and translated into reasonably usable form through detection devices;

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sketches; drawings; notes (including laboratory notebooks and records); reports;

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instructions; disclosures; other writings; models and prototypes and other physical

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objects.

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3.

The term "counsel" will mean outside counsel of record, and other

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attorneys, paralegals, secretaries, and other support staff employed in the law firms

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identified below: Domb & Rauchwerger, LLP and Jackson Lewis P.C.

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GENERAL RULES
4.

Each party to this litigation that produces or discloses any materials,

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answers to interrogatories, responses to requests for admission, trial testimony,

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deposition testimony, and transcripts of trial testimony and depositions, or

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information that the producing party believes should be subject to this Protective

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Order may designate the same as "CONFIDENTIAL" or "CONFIDENTIAL - FOR
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COUNSEL ONLY."
a.

Designation as "CONFIDENTIAL": Any party may designate

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information as "CONFIDENTIAL" only if, in the good faith belief of such party

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and its counsel, the unrestricted disclosure of such information could be potentially

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prejudicial to the business or operations of such party.

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b.

Designation as "CONFIDENTIAL - FOR COUNSEL ONLY": Any

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party may designate information as "CONFIDENTIAL - FOR COUNSEL ONLY"

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only if, in the good faith belief of such party and its counsel, the information is

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among that considered to be most sensitive by the party, including but not limited

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to trade secret or other confidential research, development, financial or other

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commercial information.

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5.

In the event the producing party elects to produce materials for

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inspection, no marking need be made by the producing party in advance of the initial

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inspection. For purposes of the initial inspection, all materials produced will be

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considered as "CONFIDENTIAL - FOR COUNSEL ONLY," and must be treated

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as such pursuant to the terms of this Order. Thereafter, upon selection of specified

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materials for copying by the inspecting party, the producing party must, within a

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reasonable time prior to producing those materials to the inspecting party, mark the

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copies of those materials that contain confidential information with the appropriate

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confidentiality marking.

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6.

Whenever a deposition taken on behalf of any party involves a

disclosure of confidential information of any party:
a.

the deposition or portions of the deposition must be designated

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as containing confidential information subject to the provisions

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of this Order; such designation must be made on the record

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whenever possible, but a party may designate portions of

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depositions as containing confidential information after

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transcription of the proceedings; [A] party will have until
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fourteen (14) days after receipt of the deposition transcript to

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inform the other party or parties to the action of the portions of

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the transcript to be designated "CONFIDENTIAL" or

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"CONFIDENTIAL - FOR COUNSEL ONLY.”

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b.

the disclosing party will have the right to exclude from

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attendance at the deposition, during such time as the confidential

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information is to be disclosed, any person other than the

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deponent, counsel (including their staff and associates), the

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court reporter, and the person(s) agreed upon pursuant to

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paragraph 8 below; and

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c.

the originals of the deposition transcripts and all copies of the

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deposition must bear the legend "CONFIDENTIAL" or

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"CONFIDENTIAL - FOR COUNSEL ONLY," as appropriate,

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and the original or any copy ultimately presented to a court for

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filing must not be filed unless it can be accomplished under seal,

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identified as being subject to this Order, and protected from

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being opened except by order of this Court.

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7.

All confidential information designated as "CONFIDENTIAL" or

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"CONFIDENTIAL - FOR COUNSEL ONLY" must not be disclosed by the

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receiving party to anyone other than those persons designated within this order and

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must be handled in the manner set forth below and, in any event, must not be used

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for any purpose other than in connection with this litigation, unless and until such

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designation is removed either by agreement of the parties, or by order of the Court.

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8.

Information designated "CONFIDENTIAL - FOR COUNSEL

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ONLY" must be viewed only by counsel (as defined in paragraph 3) of the receiving

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party, and by independent experts under the conditions set forth in this Paragraph.

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The right of any independent expert to receive any confidential information will be

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subject to the advance approval of such expert by the producing party or by
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permission of the Court. The party seeking approval of an independent expert must

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provide the producing party with the name and curriculum vitae of the proposed

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independent expert, and an executed copy of the form attached hereto as Exhibit A,

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in advance of providing any confidential information of the producing party to the

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expert. Any objection by the producing party to an independent expert receiving

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confidential information must be made in writing within fourteen (14) days

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following receipt of the identification of the proposed expert. Confidential

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information may be disclosed to an independent expert if the fourteen (14) day

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period has passed and no objection has been made. The approval of independent

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experts must not be unreasonably withheld.
9.

Information designated "confidential" must be viewed only by counsel

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(as defined in paragraph 3) of the receiving party, by independent experts (pursuant

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to the terms of paragraph 8), by court personnel, and by the additional individuals

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listed below, provided each such individual has read this Order in advance of

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disclosure and has agreed in writing to be bound by its terms:

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a)

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Executives who are required to participate in policy decisions
with reference to this action;

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b)

Technical personnel of the parties with whom Counsel for the

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parties find it necessary to consult, in the discretion of such

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counsel, in preparation for trial of this action; and

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c)

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Stenographic and clerical employees associated with the
individuals identified above.

10.

With respect to material designated "CONFIDENTIAL" or

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"CONFIDENTIAL - FOR COUNSEL ONLY," any person indicated on the face of

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the document to be its originator, author or a recipient of a copy of the document,

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may be shown the same.

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11.

All information which has been designated as "CONFIDENTIAL" or

"CONFIDENTIAL - FOR COUNSEL ONLY" by the producing or disclosing
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party, and any and all reproductions of that information, must be retained in the

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custody of the counsel for the receiving party identified in paragraph 3, except that

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independent experts authorized to view such information under the terms of this

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Order may retain custody of copies such as are necessary for their participation in

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this litigation.

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12.

Before

any

materials

produced

in

discovery,

answers

to

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interrogatories, responses to requests for admissions, deposition transcripts, or other

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documents which are designated as confidential information are filed with the Court

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for any purpose, the party seeking to file such material must seek permission of the

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Court to file the material under seal.
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No document shall be filed under seal unless counsel secures a court

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order allowing the filing of a document under seal. An application to file a document

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under seal shall be served on opposing counsel, and on the person who has or entity

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that has custody and control of the document, if different from opposing counsel. If

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opposing counsel, or the person who has or entity who has custody and control of

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the document, wishes to oppose the application, they must contact the chambers of

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the judge who will rule on the application, to notify the judge’s staff that an

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opposition to the application will be filed.

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14.

At any stage of these proceedings, any party may object to a

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designation of the materials as confidential information. The party objecting to

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confidentiality must notify, in writing, counsel for the designating party of the

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objected-to materials and the grounds for the objection. If the dispute is not resolved

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consensually between the parties within seven (7) days of receipt of such a notice

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of objections, the objecting party may move the Court for a ruling on the objection.

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The materials at issue must be treated as confidential information, as designated by

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the designating party, until the Court has ruled on the objection or the matter has

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been otherwise resolved.

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15.

All confidential information must be held in confidence by those
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inspecting or receiving it, and must be used only for purposes of this action. Counsel

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for each party, and each person receiving confidential information must take

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reasonable precautions to prevent the unauthorized or inadvertent disclosure of such

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information. If confidential information is disclosed to any person other than a

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person authorized by this Order, the party responsible for the unauthorized

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disclosure must immediately bring all pertinent facts relating to the unauthorized

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disclosure to the attention of the other parties and, without prejudice to any rights

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and remedies of the other parties, make every effort to prevent further disclosure by

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the party and by the person(s) receiving the unauthorized disclosure.

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16.

No party will be responsible to another party for disclosure of

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confidential information under this Order if the information in question is not

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labeled or otherwise identified as such in accordance with this Order.

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17.

If a party, through inadvertence, produces any confidential

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information without labeling or marking or otherwise designating it as such in

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accordance with this Order, the designating party may give written notice to the

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receiving party that the document or thing produced is deemed confidential

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information, and that the document or thing produced should be treated as such in

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accordance with that designation under this Order. The receiving party must treat

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the materials as confidential, once the designating party so notifies the receiving

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party. If the receiving party has disclosed the materials before receiving the

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designation, the receiving party must notify the designating party in writing of each

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such disclosure. Counsel for the parties will agree on a mutually acceptable manner

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of labeling or marking the inadvertently produced materials as "CONFIDENTIAL"

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or "CONFIDENTIAL - FOR COUNSEL ONLY" - SUBJECT TO PROTECTIVE

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ORDER.

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18.

Nothing within this order will prejudice the right of any party to object

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to the production of any discovery material on the grounds that the material is

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protected as privileged or as attorney work product.
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19.

Nothing in this Order will bar counsel from rendering advice to their

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clients with respect to this litigation and, in the course thereof, relying upon any

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information designated as confidential information, provided that the contents of

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the information must not be disclosed.

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20.

This Order will be without prejudice to the right of any party to oppose

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production of any information for lack of relevance or any other ground other than

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the mere presence of confidential information. The existence of this Order must not

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be used by either party as a basis for discovery that is otherwise improper under the

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Federal Rules of Civil Procedure.

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21.

Nothing within this order will be construed to prevent disclosure of

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confidential information if such disclosure is required by law or by order of the

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Court.

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22.

Upon final termination of this action, including any and all appeals,

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counsel for each party must, upon request of the producing party, return all

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confidential information to the party that produced the information, including any

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copies, excerpts, and summaries of that information, or must destroy same at the

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option of the receiving party, and must purge all such information from all machine-

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readable media on which it resides. Notwithstanding the foregoing, counsel for each

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party may retain all pleadings, briefs, memoranda, motions, and other documents

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filed with the Court that refer to or incorporate confidential information, and will

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continue to be bound by this Order with respect to all such retained information.

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Further, attorney work product materials that contain confidential information need

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not be destroyed, but, if they are not destroyed, the person in possession of the

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attorney work product will continue to be bound by this Order with respect to all

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such retained information.

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23.

The restrictions and obligations set forth within this order will not

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apply to any information that: (a) the parties agree should not be designated

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confidential information; (b) the parties agree, or the Court rules, is already public
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knowledge; (c) the parties agree, or the Court rules, has become public knowledge

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other than as a result of disclosure by the receiving party, its employees, or its agents

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in violation of this Order; or (d) has come or will come into the receiving party's

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legitimate knowledge independently of the production by the designating party.

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Prior knowledge must be established by pre-production documentation.

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24.

The restrictions and obligations within this order will not be deemed

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to prohibit discussions of any confidential information with anyone if that person

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already has or obtains legitimate possession of that information.

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25.

Transmission by email or some other currently utilized method of

transmission is acceptable for all notification purposes within this Order.
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This Order may be modified by agreement of the parties, subject to

approval by the Court.
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The Court may modify the terms and conditions of this Order for good

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cause, or in the interest of justice, or on its own order at any time throughout this

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Action. The parties prefer that the Court provide them with notice of the Court's

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intent to modify the Order and the content of those modifications, prior to entry of

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such an order.

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ORDER

Pursuant to the parties’ joint stipulation, this Stipulation and Protective Order
is hereby entered into the record.
IT IS SO ORDERED.
Dated: August 29, 2024

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