Linda Diaz v. Lowes Companies Inc. et al
Filing
22
PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. It appearing to the Court that the Plaintiff and Defendant are in agreement that Lowe's HIW,Inc. possesses proprietary policies and procedures, as well as personnel files of present and former employees, that include confidential information that may be subject to discovery in the proceedings in this matter but which should not be made available to the public generally, this Court hereby orders that: (See Order for details.) (mp)
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1 CHARLES D. MAY, STATE BAR NO.: 129663 2
GENE D. SHARAGA, STATE BAR NO. 131661 THARPE & HOWELL 15250 Ventura Boulevard, Ninth Floor 3 Sherman Oaks, California 91403-3221 Telephone: (818) 205-9955 4 Facsimile: (818)205-9944 E-Mail: cmay@tharpe-howell.com 5 E-Mail: gsharaga@tharpe-howell.com
6 Attorneys for Defendant, 7 8 9 10 11 12 13 14
LOWE'S HIW, INC., erroneously sued and served as LOWES COMPANIES INC. UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION LINDA DIAZ, Plaintiff(s), v. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV08-02804 ABC (AGRx) (Los Angeles County Superior Court Case No. KC052479) AGREED ORDER OF PROTECTION
TRIAL DATE: 6/23/09
LOWES COMPANIES INC., and 15 DOES 1 TO 30, INCLUSIVE,
16
Defendant(s).
17 _____________________________ 18
It appearing to the Court that the Plaintiff and Defendant are in agreement that Lowe's HIW,
19 Inc. (hereinafter "the Defendant") possesses proprietary policies and procedures, as well as personnel 20 files of present and former employees, that include confidential information that may be subject to 21 discovery in the proceedings in this matter but which should not be made available to the public 22 generally, this Court hereby orders that: 23 1. All documents produced or information disclosed and any other documents or records
24 designated as "confidential" by the Defendant shall be revealed only to Plaintiff, counsel of record in 25 this case, paralegals and secretarial employees under counsel's direct supervision, and such persons 26 as are employed by counsel to act as experts in this action. The information considered as 27 "confidential" and disclosed only in accord with the terms of this paragraph shall include, without 28 -1AGREED ORDER OF PROTECTION
Diaz v. Lowes Companies Inc. et al. Case No.CV08-02804 ABC (AGRx)
1 limitation, all of the Defendant's policies and procedures, as well as personnel records, including 2 disciplinary records, identity, or any other information or documentation supplied by the Defendant 3 in response to Plaintiff's Interrogatories or Requests for Production. 4 2. Counsel for Plaintiff shall use all documents and information produced or disclosed by
5 the Defendant solely for the purposes of preparation for and trial of this action. Under no 6 circumstances shall information or materials covered by this Protective Order be disclosed to anyone 7 other than Plaintiff's counsel of record in this action, paralegals, secretarial employees under counsel's 8 direct supervision, and such persons employed to act as experts in this action. At the conclusion of 9 the proceedings in this action, all documents and information subject to this Order, including any 10 copies or extracts or summaries thereof, or documents containing information taken therefrom, shall
THARPE & HOWELL 15250 Ventura Boulevard, Ninth Floor Sherman Oaks, California 91403-3221
11 be returned to counsel for the Defendant. 12 3. Prior to disclosure of any documents designated as "confidential" to paralegals or
13 secretarial employees of counsel or Plaintiff, counsel for Plaintiff shall require such employees to read 14 this Protective Order and agree to be bound by its terms. 15 4. If counsel for Plaintiff determines that for purposes of this action, documents or
16 information produced by the Defendant and designated as "confidential" must be revealed to a person 17 employed to act as an expert in this action, then counsel may reveal the designated documents or 18 information to such person, after first complying with the following: 19 20 21 22 23 24 25 26 27 28 -2AGREED ORDER OF PROTECTION
Diaz v. Lowes Companies Inc. et al. Case No.CV08-02804 ABC (AGRx)
(a)
Counsel for the Plaintiff shall have the expert read this Order and shall explain the contents thereof to such expert.
(b)
Counsel for the Plaintiff shall require such expert to sign a copy of this protective order that states: "I have read and understood the terms of this protective order. I further agree to be bound by its terms." Nothing in this paragraph shall be deemed to enlarge the right of Defendant to conduct discovery of any of Plaintiff's experts, except solely with respect to the ability of such expert to protect confidential information and documents from re-disclosure.
1
5.
Any pleading or other document disclosing information subject to this Order, which
2 may be submitted to the Court, whether in the form of interrogatory answers, document production, 3 deposition notices or transcripts, motions, affidavits, briefs or other documents, shall be filed in a 4 sealed envelope appropriately marked as confidential and subject to protective order. The Clerks are 5 directed to maintain such documents under seal, to be made available only to the Court and to counsel 6 in this proceeding. 7 6. This Order is subject to revocation and modification by Order of the Court upon written
8 stipulation of the parties, or upon motion and reasonable notice, including opportunity for hearing and 9 presentation of evidence. 10
THARPE & HOWELL 15250 Ventura Boulevard, Ninth Floor Sherman Oaks, California 91403-3221
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Entered this 18 day of November, 2008.
______________________________ Judge
16 APPROVED FOR ENTRY: 17 18 19 20 21 22 23 24 25 26 27 28 -3AGREED ORDER OF PROTECTION
Diaz v. Lowes Companies Inc. et al. Case No.CV08-02804 ABC (AGRx)
C:\Temp\notesE1EF34\Protective Order.wpd
RUBIN, INC.
THARPE & HOWELL
By:___________________________ RUSSELL M. RUBIN Attorney for Plaintiff, LINDA DIAZ
By:___________________________ CHARLES D. MAY STEPHANIE FORMAN Attorneys for Defendant, LOWE'S HIW, INC.
1 2 3 4 5
Diaz v. Lowes Companies Inc. et al. Case No. PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 1. At the time of service I was at least 18 years of age and not a party to this legal action. My business address is 15250 Ventura Boulevard, Ninth Floor, Sherman Oaks, California 91403. I served copies of the following documents (specify the exact title of each document served): AGREED ORDER OF PROTECTION I served the documents listed above in item 3 on the following persons at the addresses listed: Russell M. Rubin, Esq. RUBIN, INC. 6101 Bell Road, Suite 200 Cypress, CA 90630 (714) 761-9000; (714) 761-9007 - Fax Attorney for Plaintiff, LINDA DIAZ 5. a. By personal service. I personally delivered the documents on the date shown below to the persons at the addresses listed above in item 4. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party delivery was made to the party or by leaving the documents at the party's residence between the hours of eight in the morning and six in the evening with some person not less than 18 years of age.
6 2. 7 8
3.
9 4. 10
THARPE & HOWELL 15250 Ventura Boulevard, Ninth Floor Sherman Oaks, California 91403-3221
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b. By United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 4 and (specify one): (1) (2) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid on the date shown below, or placed the envelope for collection and mailing on the date shown below, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
-4AGREED ORDER OF PROTECTION
Diaz v. Lowes Companies Inc. et al. Case No.CV08-02804 ABC (AGRx)
1 2 3 4 5 6 7 8 9 10
THARPE & HOWELL 15250 Ventura Boulevard, Ninth Floor Sherman Oaks, California 91403-3221
I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Sherman Oaks, California. c. By overnight delivery. I enclosed the documents on the date shown below in an envelope or package provided by an overnight delivery carrier and addressed to the person at the addresses in item 4. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. By messenger service. I served the documents on the date shown below by placing them in an envelope or package addressed to the person on the addresses listed in item 4 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this proof of service or be contained in the Declaration of Messenger below.) By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents on the date shown below to the fax numbers of the persons listed in item 4. No error was reported by the fax machine that I used. A copy of the fax transmission, which I printed out, is attached. By e-mail or electronic transmission. Based on an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent on the date shown below to the e-mail addresses of the persons listed in item 4. I did not receive within a reasonable time after the transmission any electronic message or other indication that the transmission was unsuccessful.
d.
e.
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f.
I declare that I am employed in the office of a member of the bar of this Court at whose direction service was made. I declare that I am a member of the bar of this Court. November 5, 2008 Jacqueline J. Thorne (TYPE OR PRINT NAME)
20 DATE 21 22 23 24 25 26 27 28
(SIGNATURE)
C:\Temp\notesE1EF34\Protective Order.wpd
-5AGREED ORDER OF PROTECTION
Diaz v. Lowes Companies Inc. et al. Case No.CV08-02804 ABC (AGRx)
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