Carbonell v. Tyson Fresh Meats Inc et al

Filing 26

STIPULATED PROTECTIVE ORDER; granting ECF No. 25 , the parties' Joint Motion for Stipulated Protective Order. Signed by Judge Rosanna Malouf Peterson. (PL, Case Administrator)

Download PDF
1 2 3 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 4 Sep 24, 2018 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF WASHINGTON 6 7 SEAN F. MCAVOY, CLERK CANDIDO CARBONELL, NO: 4:18-CV-5054-RMP Plaintiff, 8 STIPULATED PROTECTIVE ORDER 9 10 11 12 13 14 15 v. TYSON FRESH MEATS, INC., a for profit corporation; DAVID TOBIAS, and his community property; JOSE TOBAR, and his community property; EDWIN ESPEJO, and his community property; JOHN TAM, and his community property; TEODORO MARISCAL, and his community property, Defendants. 16 17 BEFORE THE COURT is the parties’ stipulated motion for entry of a 18 protective order, ECF No. 25. Having reviewed the protective order and the 19 remaining record, the Court finds good cause to grant the stipulated motion and enter 20 the agreed-upon protective order. 21 STIPULATED PROTECTIVE ORDER ~ 1 1 Accordingly, IT IS HEREBY ORDERED that the parties’ stipulated motion 2 for protective order, ECF No. 25, is GRANTED. The protective order in effect is 3 set forth below. 4 1. PURPOSES AND LIMITATIONS 5 Discovery in this action is likely to involve production of confidential, 6 proprietary, or private information for which special protection may be warranted. 7 Accordingly, the parties hereby stipulate to and petition the Court to enter the 8 following Stipulated Protective Order. The parties acknowledge that this 9 agreement does not confer blanket protection on all disclosures or responses to 10 discovery, the protection it affords from public disclosure and use extends only to 11 the limited information or items that are entitled to confidential treatment under the 12 applicable legal principles, and it does not presumptively entitle parties to file 13 confidential information under seal. 14 2. “CONFIDENTIAL” MATERIAL 15 “Confidential” material shall include the following documents and tangible 16 things produced or otherwise exchanged: (a) Plaintiff’s medical and/or counseling 17 records; (b) any party’s accounting information or tax records, and (c) Defendant 18 Tyson’s sensitive personnel and payroll files, confidential personal information for 19 current and former employees of Defendant Tyson, and documents that otherwise 20 describe, contain or disclose internal company information, including customer 21 information, intellectual property, financial information, and trade secrets. The STIPULATED PROTECTIVE ORDER ~ 2 1 parties agree that this Protective Order applies to the remaining discovery yet to be 2 conducted, as well as any previously conducted discovery, which may have 3 included all three categories of confidential information identified here. 4 3. 5 SCOPE The protections conferred by this agreement cover not only confidential 6 material (as defined above), but also (1) any information copied or extracted from 7 confidential material; (2) all copies, excerpts, summaries, or compilations of 8 confidential material; and (3) any testimony, conversations, or presentations by 9 parties or their counsel that might reveal confidential material. However, the 10 protections conferred by this agreement do not cover information that is in the 11 public domain or becomes part of the public domain through trial or otherwise. 12 4. 13 ACCESS TO AND USE OF CONFIDENTIAL MATERIAL 4.1 Basic Principles. A receiving party may use confidential material that 14 is disclosed or produced by another party or by a non-party in connection with this 15 case only for prosecuting, defending, or attempting to settle this litigation. 16 Confidential material may be disclosed only to the categories of persons and under 17 the conditions described in this agreement. Confidential material must be stored 18 and maintained by a receiving party at a location and in a secure manner that 19 ensures that access is limited to the persons authorized under this agreement. 20 21 STIPULATED PROTECTIVE ORDER ~ 3 1 4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 2 otherwise ordered by the Court or permitted in writing by the designating party, a 3 receiving party may disclose any confidential material only to: 4 (a) the receiving party’s counsel of record in this action, as well as 5 employees of counsel to whom it is reasonably necessary to disclose the 6 information for this litigation; 7 (b) the officers, directors, and employees (including in house 8 counsel) of the receiving party to whom disclosure is reasonably necessary for this 9 litigation, unless the parties agree that a particular document or material produced 10 11 is for Attorney’s Eyes Only and is so designated; (c) experts and consultants to whom disclosure is reasonably 12 necessary for this litigation and who have signed the “Acknowledgment and 13 Agreement to Be Bound” (Exhibit A); 14 (d) the Court, court personnel, and court reporters and their staff; 15 (e) copy or imaging services retained by counsel to assist in the 16 duplication of confidential material, provided that counsel for the party retaining 17 the copy or imaging service instructs the service not to disclose any confidential 18 material to third parties and to immediately return all originals and copies of any 19 confidential material; 20 21 (f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary and who have signed the “Acknowledgment and STIPULATED PROTECTIVE ORDER ~ 4 1 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the designating 2 party or ordered by the Court. Pages of transcribed deposition testimony or 3 exhibits to depositions that reveal confidential material must be separately bound 4 by the court reporter and may not be disclosed to anyone except as permitted under 5 this agreement; 6 (g) the author or recipient of a document containing the 7 information or a custodian or other person who otherwise possessed or knew the 8 information. 9 4.3 Filing Confidential Material. Before filing confidential material or 10 discussing or referencing such material in court filings, the filing party shall confer 11 with the designating party to determine whether the designating party will remove 12 the confidential designation, whether the document can be redacted, or whether a 13 motion to seal or stipulation and proposed order is warranted. 14 5. 15 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 16 Each party or non-party that designates information or items for protection under 17 this agreement must take care to limit any such designation to specific material that 18 qualifies under the appropriate standards. The designating party must designate for 19 protection only those parts of material, documents, items, or oral or written 20 communications that qualify, so that other portions of the material, documents, 21 STIPULATED PROTECTIVE ORDER ~ 5 1 items, or communications for which protection is not warranted are not swept 2 unjustifiably within the ambit of this agreement. 3 Mass, indiscriminate, or routinized designations are prohibited. 4 Designations that are shown to be clearly unjustified or that have been made for an 5 improper purpose (e.g., to unnecessarily encumber or delay the case development 6 process or to impose unnecessary expenses and burdens on other parties) expose 7 the designating party to sanctions. 8 9 10 11 If it comes to a designating party’s attention that information or items that it designated for protection do not qualify for protection, the designating party must promptly notify all other parties that it is withdrawing the mistaken designation. 5.2 Manner and Timing of Designations. Except as otherwise provided in 12 this agreement (see, e.g., second paragraph of section 5.2(a) below), or as 13 otherwise stipulated or ordered, disclosure or discovery material that qualifies for 14 protection under this agreement must be clearly so designated before or when the 15 material is disclosed or produced. 16 (a) Information in documentary form: (e.g., paper or electronic 17 documents and deposition exhibits, but excluding transcripts of depositions or 18 other pretrial or trial proceedings), the designating party must affix the word 19 “CONFIDENTIAL” to each page that contains confidential material. If only a 20 portion or portions of the material on a page qualifies for protection, the producing 21 STIPULATED PROTECTIVE ORDER ~ 6 1 party also must clearly identify the protected portion(s) (e.g., by making 2 appropriate markings in the margins). 3 (b) Testimony given in deposition or in other pretrial or trial 4 proceedings: the parties must identify on the record, during the deposition, 5 hearing, or other proceeding, all protected testimony, without prejudice to their 6 right to so designate other testimony after reviewing the transcript. Any party or 7 non-party may, within fifteen days after receiving a deposition transcript, designate 8 portions of the transcript, or exhibits thereto, as confidential. 9 (c) Other tangible items: the producing party must affix in a 10 prominent place on the exterior of the container or containers in which the 11 information or item is stored the word “CONFIDENTIAL.” If only a portion or 12 portions of the information or item warrant protection, the producing party, to the 13 extent practicable, shall identify the protected portion(s). 14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 15 failure to designate qualified information or items does not, standing alone, waive 16 the designating party’s right to secure protection under this agreement for such 17 material. Upon timely correction of a designation, the receiving party must make 18 reasonable efforts to ensure that the material is treated in accordance with the 19 provisions of this agreement. 20 21 STIPULATED PROTECTIVE ORDER ~ 7 1 2 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any party or non-party may challenge a 3 designation of confidentiality at any time. Unless a prompt challenge to a 4 designating party’s confidentiality designation is necessary to avoid foreseeable, 5 substantial unfairness, unnecessary economic burdens, or a significant disruption 6 or delay of the litigation, a party does not waive its right to challenge a 7 confidentiality designation by electing not to mount a challenge promptly after the 8 original designation is disclosed. 9 6.2 Meet and Confer. The parties must make every attempt to resolve any 10 dispute regarding confidential designations without court involvement. Any 11 motion regarding confidential designations or for a protective order must include a 12 certification, in the motion or in a declaration or affidavit, that the movant has 13 engaged in a good faith meet and confer conference with other affected parties in 14 an effort to resolve the dispute without court action. The certification must list the 15 date, manner, and participants to the conference. A good faith effort to confer 16 requires a face-to-face meeting or a telephone conference. 17 6.3 Judicial Intervention. If the parties cannot resolve a challenge without 18 court intervention, the designating party may file and serve a motion to retain 19 confidentiality under Local Civil Rule 7.1. The burden of persuasion in any such 20 motion shall be on the designating party. Frivolous challenges, and those made for 21 an improper purpose (e.g., to harass or impose unnecessary expenses and burdens STIPULATED PROTECTIVE ORDER ~ 8 1 on other parties) may expose the challenging party to sanctions. All parties shall 2 continue to maintain the material in question as confidential until the Court rules 3 on the challenge. 4 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED 5 PRODUCED IN OTHER LITIGATION 6 If a party is served with a subpoena or a court order issued in other litigation 7 that compels disclosure of any information or items designated in this action as 8 “CONFIDENTIAL,” that party must: 9 10 (a) promptly notify the designating party in writing and include a copy of the subpoena or court order; 11 (b) promptly notify in writing the party who caused the subpoena 12 or order to issue in the other litigation that some or all of the material covered by 13 the subpoena or order is subject to this agreement. Such notification shall include 14 a copy of this agreement; and 15 (c) cooperate with respect to all reasonable procedures sought to be 16 pursued by the designating party whose confidential material may be affected. 17 8. 18 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a receiving party learns that, by inadvertence or otherwise, it has disclosed 19 confidential material to any person or in any circumstance not authorized under 20 this agreement, the receiving party must immediately (a) notify in writing the 21 designating party of the unauthorized disclosures, (b) use its best efforts to retrieve STIPULATED PROTECTIVE ORDER ~ 9 1 all unauthorized copies of the protected material, (c) inform the person or persons 2 to whom unauthorized disclosures were made of all the terms of this agreement, 3 and (d) request that such person or persons execute the “Acknowledgment and 4 Agreement to Be Bound” that is attached hereto as Exhibit A. 5 9. INADVERTENT PRODUCTION OF PRIVILEGED OR 6 OTHERWISE PROTECTED MATERIAL 7 When a producing party gives notice to receiving parties that certain 8 inadvertently produced material is subject to a claim of privilege or other 9 protection, the obligations of the receiving parties are those set forth in Federal 10 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 11 whatever procedure may be established in an e-discovery order or agreement that 12 provides for production without prior privilege review. Parties shall confer on an 13 appropriate non-waiver order under Fed. R. Evid. 502. 14 10. 15 NON TERMINATION AND RETURN OF DOCUMENTS Within 60 days after the termination of this action, including all appeals, 16 each receiving party must return all confidential material to the producing party, 17 including all copies, extracts and summaries thereof. Alternatively, the parties 18 may agree upon appropriate methods of destruction. 19 Notwithstanding this provision, counsel are entitled to retain one archival 20 copy of all documents filed with the court, trial, deposition, and hearing transcripts, 21 correspondence, deposition and trial exhibits, expert reports, attorney work STIPULATED PROTECTIVE ORDER ~ 10 1 product, and consultant and expert work product, even if such materials contain 2 confidential material. 3 The confidentiality obligations imposed by this agreement shall remain in 4 effect until a designating party agrees otherwise in writing or a court orders 5 otherwise. 6 IT IS SO ORDERED. The District Court Clerk is directed to enter this 7 Order and provide copies to counsel. 8 DATED September 24, 2018. 9 10 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON United States District Judge 11 12 13 14 15 16 17 18 19 20 21 STIPULATED PROTECTIVE ORDER ~ 11

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?