Greene v. IQ Data International, INC.
Filing
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ORDER on STIPULTATED PROTECTIVE ORDER signed by Magistrate Judge Michael J. Seng on 6/8/2011. ( Stipulation is accepted and adopted by the Court reserving, however, to the Court, the ultimate determination as to what may and shall be filed with the Court under seal.(Yu, L)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA - FRESNO
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JENNIFER GREENE,
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Plaintiff,
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vs.
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IQ DATA INTERNATIONAL, INC.,
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Defendant.
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CASE NO. 1:10-cv-00681-OWW-MJS
STIPULATED PROTECTIVE ORDER
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The parties hereto, by their respective counsel, having upon the terms and conditions of a
confidentiality and protective order, it is therefore.
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ORDERED that pursuant to Fed. R. Civ. P., Rule 26 (c), the following provisions shall
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govern the handling of such confidential information and documents in this action:
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///
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STIPULATED PROTECTIVE ORDER
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CASE NO. 1:10-cv-00681-OWW-MJS
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1.
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For purposes of this Order:
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(a) "confidential information" means information which the designating party deems
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to constitute trade secrets, know-how, proprietary data and/or commercial or financial information
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which the designating party has maintained in confidence. It shall be the duty of the party who
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seeks to invoke protection under this Order to give notice, in the manner set forth hereinafter, of
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the documents and testimony to be covered hereby, and the duty of any other party or person to
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maintain confidentiality hereunder shall commence with such notice. Material may be marked
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"highly confidential" if it is for "attorneys eyes only" and independent experts as set forth in
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Definitions
paragraph 6(c) of this order.
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(b) "Producing party" or "designating party" shall mean the party (and its outside
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counsel) who is producing information to another party and who deems that information
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confidential.
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(c) "Inspecting party" or "non-designating party" shall mean the party (and its
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outside counsel) who receives the confidential information supplied by the
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producing party.
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(d) "Outside counsel" shall mean the law firms engaged by the plaintiff and the
defendant to represent them in this litigation.
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(e) "Document" shall mean any "writing", "recording", or "photograph," and any
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"original" or "duplicate" thereof, as those terms are defined in Rule 1001 of the Federal Rules of
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Evidence.
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(f) "Party," in the case of a party to this action which is a corporation, means any
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officer, director, shareholder or employee of such party, all of whom shall be bound by the
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provisions of this Protective Order.
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(g) "Produce" means the transmission of any "document" during the course of and in
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connection with this litigation, including appeals therefore, to a "party" or its "attorneys," whether
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voluntary or involuntary, whether pursuant to request or legal process, and whether in accordance
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with the Federal Rules of Civil Procedure or otherwise.
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STIPULATED PROTECTIVE ORDER
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(h) "Person" means, in the plural as well as the singular, any individual, corporation,
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firm, association, partnership, business trust, government body or any other legal or business entity,
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unless specified herein to the contrary.
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2.
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(a) Documents produced in the course of discovery herein (either formally or
Documents
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informally) which the producing party deems to contain confidential information may be
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designated as confidential by the producing party and the documents or portions thereof deemed to
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be confidential which are copied and delivered to counsel for the inspecting party shall be marked
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"CONFIDENTIAL".
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(b) The producing party shall designate the document as confidential at the time of
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its production and/or inspection by the inspecting party. The producing party's failure to do so,
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however, does not waive its right to designate that document or any portion thereof as confidential,
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if within thirty (30) days after production, notification is given as to the confidential status of the
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document. The post-inspecting party shall have no obligation, responsibility or liability for, or
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with respect to, any pre-designation dissemination of that document or the information contained
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therein.
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3.
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If confidential information is contained in deposition, trial or other testimony, the transcript
Deposition Testimony
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may be designated as containing confidential information in accordance with this Order by
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notifying the other party (1) on the record, at the time of the testimony, or (2) in writing, within
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thirty (30) days of receipt of the transcript of the specific pages and lines of the transcript which
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contain confidential information. At any deposition session when outside counsel for a party
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deems that the answer to a question will result in the disclosure of confidential information within
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the meaning of this Order, outside counsel may direct that the question and answer be transcribed
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separately from the remainder of the deposition and if filed with the Court, shall be filed in a sealed
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envelope marked in the manner set forth in Paragraph "5" hereof. When such a direction has been
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given, the testimony shall be disclosed only to those individuals specified in Paragraph "6" hereof.
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Outside counsel for the party whose confidential information is involved may also request that all
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persons other than the reporter, outside counsel, and individuals specified in Paragraph "6" hereof
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leave the deposition room during the confidential portion of the deposition. The failure of such
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other persons to comply with a request of this type shall constitute substantial justification of
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outside counsel to advise the witness that he need not answer a question seeking the revelation of
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confidential information.
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4.
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If an interrogatory answer contains confidential information, the answer shall be provided
Interrogatory Answers
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in a separate document, appended to the main body of answers and incorporated by reference
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therein. The response to the interrogatory in the main body of the answers should be “Requests
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confidential information, see response in confidential addendum, which response is incorporated
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fully herein by reference".
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5.
Any confidential information including, transcripts of depositions or portions
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thereof, exhibits, answers to interrogatories, and responses to requests for admissions which have
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therefore been designated as comprising or containing confidential information, or any pleading or
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memorandum or other document purporting to reproduce or paraphrase such information, if filed
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with the Court, shall be filed in sealed envelopes or other appropriately sealed containers on which
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shall be endorsed the title of this action, an indication of the nature of its contents, the word
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"Confidential" and a statement substantially in the following terms:
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"CONFIDENTIAL. Filed Pursuant to Protective Order by ___________. Not to be
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opened nor the contents revealed except (1) to the Court and then resealed, (2) by
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agreement of the parties, or (3) by prior order of this Court."
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The party filing the documents shall serve notice upon all other parties that the above procedure is
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being invoked.
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At the trial of this action or at any hearing relating to this action before any judicial officer,
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subject to the rules of evidence and order of the Court, a party may use any confidential
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information for any purpose, provided that adequate prior notice of such use is given to counsel for
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the opposing party to permit the opposing party the opportunity to obtain appropriate protection
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from the Court, including a request to the Court that the courtroom be cleared of persons not
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subject to the Order and that the Court employees be advised as to the terms of this Order.
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(a)
Each and every page or sheet of all transcripts of depositions,
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exhibits, answers to interrogatories and requests for admissions, copies thereof, other documents
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and all information obtained by an inspection of files, facilities or documents by any party pursuant
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to pretrial discovery in this action that have been designated by the other party as comprising or
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containing its confidential information shall be marked "CONFIDENTIAL" or "HIGHLY
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CONFIDENTIAL" and shall be retained by the receiving party's outside counsel and shall not be
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disclosed or used by any non-designating party or other person other than those listed below.
(b)
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Confidential information shall not be disclosed to any
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person other than (I) outside counsel for the parties to this litigation and office personnel employed
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or engaged in the preparation for, or in aiding in the trial of this action; (ii) a party subject to the
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provisions of subpart (c) below, unless the material is marked "Highly Confidential;" (iii)
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independent outside persons (i.e., persons not employees of a party), not to exceed five, requested
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by outside counsel to furnish technical or expert services or to give testimony with respect to the
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subject matter for the trial of this action; (iv) the Court including necessary secretarial and clerical
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personnel assisting the Court; and (v) the jury.
(c)
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Each person to whom disclosure may be made by outside
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counsel for a non-designating party shall first be identified not less than ten (10) business days
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before the disclosure, to outside counsel for the party designating the information as confidential
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and shall, in a written instrument delivered beforehand to such outside counsel, acknowledge that
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he (or she) is fully familiar with the terms of this Protective Order and agrees in writing, to comply
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with, and be bound by, such Order until modified by further Order of this Court or by agreement of
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the parties hereto.
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Outside counsel for the designating party shall have the right to object, in writing within
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five (5) days after receiving the required identification, to such disclosure to the person or persons
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selected by outside counsel for the non-designating party and should such objection be made, no
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disclosure shall be made to such objected to person without leave of the Court. Material marked
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"Highly Confidential" shall not be read or reviewed except by an attorney for a party or an
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independent expert of a party.
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No person or party shall disclose to anyone not specified in Paragraph "6" any
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information designated as confidential under this Protective Order, without prior written consent of
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the designating party or further order of this Court. Confidential information disclosed pursuant to
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this Protective Order shall not be used by a recipient thereof for any purpose other than for
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purposes of preparing this action for trial.
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8.
The restrictions on dissemination of confidential information contained herein shall
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not apply to information which, prior to disclosure hereunder, is either in the possession or
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knowledge of an inspecting party or a person who, absent this Order, is under no restriction with
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respect to the dissemination of such confidential information or to information which is public
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knowledge or which, after disclosure, becomes public knowledge other than through an act of
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omission of a party receiving the information designated as confidential, provided that if a party to
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this Order who is to receive any confidential information disagrees with respect to its designation
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as confidential information, in full or in part, including for the reason set forth in the beginning of
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this paragraph, it shall so notify the producing party in writing, and they will thereupon confer as to
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the status of the subject information proffered within the context of this Order within ten (10) days
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of the sending of such notice, if the recipient and producing parties are unable to agree to the status
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of the subject information, any party to this Order may raise the issue of the designation of such a
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status to the Court upon 10 days written notice. The Court may raise the issue of designation of the
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confidential status without any request from a party. In any disagreement over the designation of
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confidential information, the designating party bears the burden of showing that the designated
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information is confidential information within the scope of this Order. No party to this action shall
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be obligated to challenge the propriety of any designation, and a failure to do so shall not preclude
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a subsequent challenge on the propriety of such designation and shall not constitute an admission
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that any information is in fact confidential.
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9.
This Order is intended to provide a mechanism for the handling of
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confidential information and documents, to the disclosure or production of which there is no
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objection other than confidentiality. Each party reserves the right to object to any disclosure of
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information or production of any documents it deems confidential on any other ground it may
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deem appropriate, and any party may move for relief from, or general or particular modification of,
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the mechanism for maintaining confidentiality herein set forth or the application of this Order in
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any particular circumstance.
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This Protective Order may be amended without leave of Court by the agreement of
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outside counsel for the parties in the form of a stipulation that shall be filed in this case. If the
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parties cannot agree to an amendment then a formal motion to amend must be filed with the Court.
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This Protective Order is intended to regulate the handling of confidential information and
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documents during the pretrial period of this litigation, but shall remain in force and effect until
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modified, superseded or terminated on the record by agreement of the parties hereto or by order of
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the Court.
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Upon final termination of this litigation, each party that is subject to this Order shall
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assemble and return to the producing party all items containing the producing party's confidential
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information produced in accordance with this Order, including all copies of such matter which may
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have been made, but not including copies containing notes or other attorney work product that may
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have been place thereon by counsel for the receiving party. All copies containing notes or other
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attorney's work product shall be destroyed promptly after final termination by the receiving party
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who will so inform the disclosing party. As an alternative to the return of all such confidential
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information, the recipient may destroy such confidential information. Promptly after the return or
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destruction of items containing the producing party's confidential information, the receiving party
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shall by letter certify that all items containing the producing party's confidential information have
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been returned and/or destroyed, respectively. Receipt of all material returned to the producing
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party shall be acknowledged in writing if requested by the receiving party and the receiving party
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has specified what has been returned by it. Notwithstanding the preceding sentences of this
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paragraph, one complete set of pleadings may be retained by each of the parties but any pleadings
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containing confidential information shall remain subject to all other provisions of this protective
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order.
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Nothing herein shall prevent disclosure of any confidential information (1) by the
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STIPULATED PROTECTIVE ORDER
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producing party or (2) to any employee or officer of the producing party or (3) to any person, no
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longer affiliated with the producing party, who either authored, in whole or part, or who received
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the confidential information in confidence prior to the initiation of this litigation.
Nothing in this Order shall be deemed a waiver of any right any party otherwise
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might have under the Federal Rules or the doctrines of attorney-client privilege or attorney work
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product privileges.
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This Order shall survive the final termination of this action with respect to any
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confidential information. The Court shall retain jurisdiction over the parties and counsel for the
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parties as necessary to enforce this Order.
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DATED this 7th day of June, 2011.
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Respectfully submitted by:
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/s/ Robert D. Berglund
Robert D. Berglund, Esq.
Carlson & Messer LLP
5959 W. Century Blvd., Suite 1214
Los Angeles, CA 90045
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and
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/s/ Todd M. Friedman
Todd M. Friedman , Esq.
Law Offices of Todd M. Friedman, P.C.
369 S. Doheny Dr. #415
Beverly Hills, CA 90211
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ORDER
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GOOD CAUSE APPEARING, the above stipulation is accepted and adopted by the Court
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reserving, however, to the Court, the ultimate determination as to what may and shall be filed with
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the Court under seal.
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IT IS SO ORDERED.
Dated:
ci4d6
June 8, 2011
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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STIPULATED PROTECTIVE ORDER
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