Carranza et al v. Dovex Fruit Company

Filing 17

STIPULATED PROTECTIVE ORDER REGARDING HANDLING OF CONFIDENTIAL MATERIAL. Signed by Judge Salvador Mendoza, Jr. (CV, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jul 28, 2016
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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SEAN F. MCAVOY, CLERK

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MARIANO CARRANZA and ELISEO
MARTINEZ, individually and on behalf
of all others similarly situated
Plaintiff,
v.

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No. 1:16-CV-054-SMJ

STIPULATED PROTECTIVE
ORDER REGARDING HANDLING
OF CONFIDENTIAL MATERIAL

DOVEX FRUIT COMPANY
Defendant.

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Before the Court, without oral argument, are the parties’ Stipulated Protective

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Order regarding handling of confidential material, ECF No. 16-1. The Court hereby

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GRANTS said Stipulated Protective Order.

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1. PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential,

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proprietary, or private information for which special protection may be warranted.

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Accordingly, Plaintiffs and Defendant and their respective counsel (collectively the

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“parties”) hereby stipulate to and petition the Court to enter the following Stipulated

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Protective Order. This agreement does not confer blanket protection on all

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disclosures or responses to discovery. Instead, the protection it affords from public

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disclosure and use extends only to the limited information or items that are entitled

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to confidential treatment under the applicable legal principles, and it does not

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presumptively entitle parties to file confidential information under seal.

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2. “CONFIDENTIAL” MATERIAL

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“Confidential” material shall include the following documents and tangible

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things, and information related thereto, produced or otherwise exchanged: (1)

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personal information about current and former employees of Defendant, including

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Plaintiffs and class members (e.g., Social Security numbers, birth dates, personal

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contact information, personal performance and evaluation information, personal

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disciplinary information, personal financial information, and personal medical

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information); and (2) personal, medical, financial or business data about Plaintiffs

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and class members, members of their families or other individuals that is not

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generally available to the public and/or other information expressly designated as

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“CONFIDENTIAL MATERIAL” by Plaintiffs.

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3. SCOPE

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The protections conferred by this agreement cover not only confidential

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material (as defined above), but also (1) any information copied or extracted from

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confidential material; (2) all copies, excerpts, summaries, or compilations of

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confidential material; (3) written discovery or informal discovery that contains

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confidential information; and (4) any testimony, conversations, or presentations by

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parties or their counsel that might reveal confidential material. However, the

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protections conferred by this agreement do not cover information that is in the

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public domain or becomes part of the public domain through trial or otherwise.

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4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

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4.1 Basic Principles. A receiving party may use confidential material that is

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disclosed or produced by another party or by a non-party in connection with this

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case only for prosecuting, defending, or attempting to settle this litigation.

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Confidential material may be disclosed only to the categories of persons and under

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the conditions described in this agreement. Confidential material must be stored and

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maintained by a receiving party at a location and in a secure manner that ensures

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that access is limited to the persons authorized under this agreement.

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4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the Court or permitted in writing by the designating party, a

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receiving party may disclose any confidential material only to:

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(a) the receiving party’s counsel of record in this action, as well as employees

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of counsel to whom it is reasonably necessary to disclose the information for this

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litigation;

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(b) the officers, directors, and employees (including in house counsel) of the
receiving party to whom disclosure is reasonably necessary for this litigation;

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(c) experts and consultants to whom disclosure is reasonably necessary for

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this litigation and who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A);

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(d) the court, court personnel, and court reporters and their staff;

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(e) copy or imaging services retained by counsel to assist in the duplication

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of confidential material, provided that counsel for the party retaining the copy or

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imaging service instructs the service not to disclose any confidential material to

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third parties and to immediately return all originals and copies of any confidential

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material;

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(f) during their depositions, witnesses in this action to whom disclosure is

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reasonably necessary. Pages of transcribed deposition testimony or exhibits to

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depositions that reveal confidential material must be separately bound by the court

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reporter and may not be disclosed to anyone except as permitted under this

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agreement.

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(g) the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information.

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4.3 Filing Confidential Material. Before filing confidential material or

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“excerpting or quoting” such material in court filings, the filing party shall confer

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with the designating party to determine whether the designating party will remove

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the confidential designation, whether the document can be redacted, or whether a

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motion to seal or stipulation and proposed order is warranted.

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5. DESIGNATING PROTECTED MATERIAL

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5.1 Exercise of Restraint and Care in Designating Material for Protection.

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Each party or non-party that designates information or items for protection

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under this agreement must take care to limit any such designation to specific

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material that qualifies under the appropriate standards. The designating party must

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designate for protection only those parts of material, documents, items, or oral or

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written communications that qualify, so that other portions of the material,

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documents, items, or communications for which protection is not warranted are not

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swept unjustifiably within the ambit of this agreement.

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Mass, indiscriminate, or routinized designations are prohibited.

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If it comes to a designating party’s attention that information or items that it

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designated for protection do not qualify for protection, the designating party must

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promptly notify all other parties that it is withdrawing the mistaken designation.

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5.2 Manner and Timing of Designations. Except as otherwise provided in this

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agreement, or as otherwise stipulated or ordered, disclosure or discovery material

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that qualifies for protection under this agreement must be clearly so designated

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before or when the material is disclosed or produced.

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(a) Information in documentary form: (e.g., paper or electronic documents

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and deposition exhibits, but excluding transcripts of depositions or other pretrial or

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trial proceedings), the designating party must affix the word “CONFIDENTIAL”

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to each page that contains confidential material. If only a portion or portions of the

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material on a page qualifies for protection, the producing party also must clearly

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identify the protected portion(s) (e.g., by making appropriate markings in the

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margins). Native format document production will be designated confidential by

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adding the word “CONFIDENTIAL” to the file name of the native format document

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produced, or by affixing the word “CONFIDENTIAL” to the label of the media on

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which the native format documents are produced as per Section 5.2(c) below.

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(b) Testimony given in deposition or in other pretrial or trial proceedings: the

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parties must identify on the record, during the deposition, hearing, or other

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proceeding, all protected testimony, without prejudice to their right to so designate

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other testimony after reviewing the transcript. Any party or non-party may, within

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fifteen (15) days after receiving a deposition transcript, designate portions of the

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transcript, or exhibits thereto, as confidential.

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(c) Other tangible items: the producing party must affix in a prominent place

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on the exterior of the container or containers in which the information or item is

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stored the word “CONFIDENTIAL.” If only a portion or portions of the information

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or item warrant protection, the producing party, to the extent practicable, shall

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identify the protected portion(s).

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(d) Written discovery: Written discovery may be designated confidential by

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affixing the word “CONFIDENTIAL” to each page of the discovery response that

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contains confidential information.

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(e) All confidential information not reduced to documentary or tangible form

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or which cannot be conveniently designated as set forth above, shall be designated

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by the producing party informing the receiving party of the designation in writing.

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5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive

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the designating party’s right to secure protection under this agreement for such

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material. Upon timely correction of a designation, the receiving party must make

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reasonable efforts to ensure that the material is treated in accordance with the

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provisions of this agreement.

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6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1 Timing of Challenges. Any party or non-party may challenge a

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designation of confidentiality at any time. Unless a prompt challenge to a

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designating party’s confidentiality designation is necessary to avoid foreseeable,

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substantial unfairness, unnecessary economic burdens, or a significant disruption or

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delay of the litigation, a party does not waive its right to challenge a confidentiality

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designation by electing not to mount a challenge promptly after the original

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designation is disclosed.

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6.2 Meet and Confer. The parties must make every attempt to resolve any

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dispute regarding confidential designations without court involvement. Any motion

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regarding confidential designations or for a protective order must include a

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certification, in the motion or in a declaration or affidavit, that the movant has

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engaged in a good faith meet and confer conference with other affected parties in

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an effort to resolve the dispute without court action. The certification must list the

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date, manner, and participants to the conference. A good faith effort to confer

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requires a face-to-face meeting or a telephone conference.

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6.3 Judicial Intervention. If the parties cannot resolve a challenge without

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court intervention, the designating party may file and serve a motion to retain

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confidentiality. The burden of persuasion in any such motion shall be on the

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designating party. Frivolous challenges, and those made for an improper purpose

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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

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expose the challenging party to sanctions. All parties shall continue to maintain the

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material in question as confidential until the court rules on the challenge.

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7.

PROTECTED

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PRODUCED IN OTHER LITIGATION

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MATERIAL

SUBPOENAED

OR

ORDERED

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If a party is served with a subpoena or a court order issued in other litigation

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that compels disclosure of any information or items designated in this action as

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“CONFIDENTIAL,” that party must:

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(a) promptly notify the designating party in writing and include a copy of the
subpoena or court order;

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(b) promptly notify in writing the party who caused the subpoena or order to

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issue in the other litigation that some or all of the material covered by the subpoena

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or order is subject to this agreement. Such notification shall include a copy of this

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agreement; and

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(c) cooperate with respect to all reasonable procedures sought to be pursued
by the designating party whose confidential material may be affected.

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8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a receiving party learns that, by inadvertence or otherwise, it has disclosed

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confidential material to any person or in any circumstance not authorized under this

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agreement, the receiving party must immediately (a) notify in writing the

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designating party of the unauthorized disclosures, (b) use its best efforts to retrieve

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all unauthorized copies of the protected material, (c) inform the person or persons

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to whom unauthorized disclosures were made of all the terms of this agreement, and

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(d) request that such person or persons execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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9. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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9.1 When a producing party gives notice to receiving parties that certain

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inadvertently produced material is subject to a claim of privilege or other protection,

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the obligations of the receiving parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

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may be established in an e-discovery order or agreement that provides for

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production without prior privilege review.

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9.2 Pursuant to Fed. R. Evid. 502(d), inadvertent production of documents

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subject to work-product immunity, the attorney-client privilege, or other legal

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privilege protecting information from discovery shall not constitute a waiver of the

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immunity or privilege.

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The confidentiality obligations imposed by this agreement shall remain in

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effect until a designating party agrees otherwise in writing or a court orders

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otherwise.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. TERRELL

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MARSHALL LAW GROUP PLLC

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By: /s/ Marc C. Cote, WSBA #39824
Toby J. Marshall, WSBA #32726
Marc C. Cote, WSBA #39824
Attorneys for Plaintiffs and Proposed Class
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869

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Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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JEFFERS DANIELSON SONN & AYLWARD PS
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By: /s/ Sally F. White, WSBA #49457
Clay Gatens, WSBA #34102
Sally F. White, WSBA #49457
Attorneys for Defendant
2600 Chester-Kimm Road
Wenatchee, Washington 98801
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and
provide copies to all counsel.
DATED this 28th day of July 2016.

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_________________________________
SALVADOR MENDOZA, JR.
United States District Judge

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I,

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_________________________

[print

or

type

full

name],

of

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_______________ [print or type full address], declare under penalty of perjury that

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I have read in its entirety and understand the Stipulated Protective Order that was

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issued by the United States District Court for the Eastern District of Washington on

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[date] in the case of _______________ [insert formal name of the case and the

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number and initials assigned to it by the court]. I agree to comply with and to be

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bound by all the terms of this Stipulated Protective Order and I understand and

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acknowledge that failure to so comply could expose me to sanctions and

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punishment in the nature of contempt. I solemnly promise that I will not disclose in

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any manner any information or item that is subject to this Stipulated Protective

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Order to any person or entity except in strict compliance with the provisions of this

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Order.

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I further agree to submit to the jurisdiction of the United States District Court

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for the Eastern District of Washington for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action.

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Date:

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City and State where sworn and signed:

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Printed name:

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Signature:

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