Hill v. County of Sacramento et al

Filing 57

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Gregory G. Hollows on 03/30/10 designated documents as confidential. (See order for further details.)(Plummer, M)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOHN A. LAVRA, CSB No. 114533 AMANDA L. BUTTS CSB No. 253651 Longyear, O'Dea and Lavra, LLP 3620 American River Drive, Suite 230 Sacramento, Ca. 95864 Telephone: (916) 974-8500 Facsimile: (916) 974-8510 Attorneys for COUNTY OF SACRAMENTO ROGER DICKINSON, ROBERTA MACGLASHAN, SUSAN PETERS, JIMMIE YEE, DON NOTTOLI, SACRAMENTO AIRPORT SYSTEM, and G. HARDY ACREE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION ANN HILL, Plaintiff v. COUNTY OF SACRAMENTO, ROGER DICKINSON, ROBERTA MACGLASHAN, SUSAN PETERS, JIMMIE YEE, DON NOTTOLI, SACRAMENTO AIRPORT SYSTEM, and G. HARDY ACREE Defendants. L O N G Ye3620oAmerican974-8500 95864-5923 ____974-8510 _________ T Ee p h , __'_oarmeeRivera_A _Facsimile (916) ______ l A R n e (916) A_&LCA_/V RSuite 230 OAcD E _s taot , _ Drive,_A ___ P S a t tr_n yn _ L w _ _ _, L L ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:09-CV-01565-GEB-GGH STIPULATION FOR PROTECTIVE ORDER AND ORDER Subject to the approval of this Court, the parties hereby stipulate to the following protective order: 1. In connection with discovery proceedings in this action, defendants hereby designate the following production of documents as "CONFIDENTIAL" under the terms of this Stipulated Protective Order (hereinafter "Order"). All documents produced pursuant to this Order concern actual trade secret and/or confidential information of Java City, Inc., a third party, and are responsive to Plaintiff's Request for Production of Documents, Set One, propounded to Defendant County of Sacramento. The confidential information produced pursuant to this S t ip u la tio n for Protective Order and [Proposed] Order P age: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 protective Order has not been made public and the disclosure of this information would have the effect of causing harm. 2. Documents designated as "CONFIDENTIAL," under the terms of this Order, refer to discovery material that the producing party or protected person reasonably believes not to be in the public domain and reasonably believes contains any trade secret or other confidential, strategic, research, development, or commercial information, as such terms are used in Federal Rules of Civil Procedure, Rule 26(c)(1)(g), that, if disclosed, would materially affect the party's or protected person's business, commercial or financial interests. By designating these documents as "CONFIDENTIAL," under the terms of this Order, the party making the designation is certifying to the Court that there is a good faith basis both in law and in fact for the designation within the meaning of the Federal Rules of Civil Procedure, Rule 26(g). 3. Confidential documents shall be so designated by stamping copies of the document produced to a party with the legend "CONFIDENTIAL" . Stamping the legend "CONFIDENTIAL" on the cover of any multi-page document shall designate all pages of the document as confidential, unless otherwise indicated by the producing party. All documents produced pursuant to this Order are bates stamped and watermarked "CONFIDENTIAL" "DO NOT DUPLICATE". 4. Material designated as confidential under this Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential shall be used only for the purpose of this action, and for no other purpose. 5. Confidential material produced pursuant to this Order may be disclosed or made L O N G Ye3620oAmerican974-8500 95864-5923 (916) 974-8510 T Ee p h , e (916) eeRivera Drive, Suite 230 l A R n Oa't Drm A ta&LCA /V R A , L L P S Actroa E yn o , L A Facsimile n st w available only to each party, or to counsel for that party (including the paralegal, clerical, and secretarial staff employed by such counsel), the Court, and any mediator or settlement facilitator engaged in this action on agreement of all of the named parties to this action. This information may be provided to any expert retained for consultation and/or trial. In the event that this confidential information is given to an expert per this Order, counsel that retained the expert shall provide a copy of this Order with the confidential information and the expert shall agree to abide S t ip u la tio n for Protective Order and [Proposed] Order P age: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by all terms and conditions of confidentiality related to the subject documents. 6. Should plaintiff decide to include Confidential Material in any papers to be filed with the Court, plaintiff will give at least 72 hours notice, if the circumstances permit, to defendants in order to allow defendants the opportunity to seek an order sealing the material in question.1 7. In the event that any Confidential Material is used in any court proceeding in this action, it shall not lose its confidential status through such use, and the party using such shall take all reasonable steps to maintain its confidentiality during such use. Prior to disclosure of materials or information designated "CONFIDENTIAL" at trial or a hearing, defendants will be timely notified of plaintiff's intention to use or refer to such Confidential Material, and may seek further protections against public disclosure from the Court. 8. This Order is entered for the purpose of facilitating the exchange of documents and information between the parties to this action. Nothing in this Order nor the production of any information or document under the terms of this Order nor any proceedings pursuant to this Order shall be deemed to have the effect of an admission or waiver by either party or of altering the confidentiality or nonconfidentiality of any such document or information or altering any existing obligation of any party or the absence thereof. 9. Nothing in this Protective Order shall in and of itself require disclosure of information that is protected by the attorney-client privilege, work-product doctrine, or any other privilege, doctrine, or immunity, nor does it result in any party giving up its right to argue that otherwise privileged documents must be produced due to waiver or for any other reason. 10. Testimony taken at a deposition or conference that refers to the Confidential L O N G Ye3620oAmerican974-8500 95864-5923 (916) 974-8510 T Ee p h , e (916) eeRivera Drive, Suite 230 l A R n Oa't Drm A ta&LCA /V R A , L L P S Actroa E yn o , L A Facsimile n st w Material may be designated as confidential by making a statement to that effect on the record at the deposition or other proceeding. Arrangements shall be made with the court reporter taking and transcribing such proceeding to separately bind such portions of the transcript containing S e e E.D. Cal. R. 141, Pintos v. Pacific Creditors Ass'n., 565 F.3d 1106, 1115 (9 th Cir. 2009) (finding c o m p e llin g reasons required in dispositive motions) and Phillips v. General Motors Corp., 307 F.3d 1206, 1210 (9 th C ir . 2002) (holding good cause necessary in non-dispositive motions). 1 S t ip u la tio n for Protective Order and [Proposed] Order P age: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 information designated as confidential, and to label such portions appropriately. 11. If Protected Information produced in accordance with this Order is disclosed to any person other than in the manner authorized by this Order, the party responsible for the disclosure shall immediately bring all pertinent facts relating to such disclosure to the attention of all counsel of record and, without prejudice to other rights and remedies available to the producing party, make every effort to obtain the return of the disclosed Protected Information and prevent further disclosure of it by the person who was the recipient of such information. 12. This Order shall survive the final termination of this action, to the extent that the CONFIDENTIAL information is not or does not become known to the public, and the Court shall retain jurisdiction to resolve any dispute concerning the use of the information disclosed hereunder. Upon termination of this case, all parties and/or counsel for parties shall assemble and return all documents, material, and deposition transcripts designated as confidential and all copies of the same to counsel for Defendant County of Sacramento, Longyear, O'Dea & Lavra, LLP, 3620 American River Drive, Suite 230, Sacramento, CA 95864 who produced the CONFIDENTIAL records. IT IS SO AGREED. DATE: March 25, 2010 LONGYEAR, O'DEA AND LAVRA, LLP L O N G Ye3620oAmerican974-8500 95864-5923 (916) 974-8510 T Ee p h , e (916) eeRivera Drive, Suite 230 l A R n Oa't Drm A ta&LCA /V R A , L L P S Actroa E yn o , L A Facsimile n st w 20 21 22 23 24 25 26 27 28 By: /s/ Amanda L. Butts JOHN A. LAVRA AMANDA L. BUTTS Attorneys for County of Sacramento et al. DATE: March 25, 2010 ANTHONY T. CASO By: /s/ Anthony T. Caso ANTHONY T. CASO Attorney for Plaintiff S t ip u la tio n for Protective Order and [Proposed] Order P age: 4 1 2 IT IS SO ORDERED. Dated: March 30, 2010 /s/ Gregory G. Hollows _________________________________ UNITED STATES MAGISTRATE JUDGE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 L O N G Ye3620oAmerican974-8500 95864-5923 (916) 974-8510 T Ee p h , e (916) eeRivera Drive, Suite 230 l A R n Oa't Drm A ta&LCA /V R A , L L P S Actroa E yn o , L A Facsimile n st w hill1565.po 20 21 22 23 24 25 26 27 28 S t ip u la tio n for Protective Order and [Proposed] Order P age: 5

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