Glenn v. Healthcare Services Group, Inc.
Filing
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STIPULATED PROTECTIVE ORDER re 30 STIPULATION WITH PROPOSED ORDER filed by Healthcare Services Group, Inc. Signed by Chief Judge James Ware on August 10, 2012. (wsn, COURT STAFF) (Filed on 8/10/2012)
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Stuart Miller (CA State Bar No. 127766)
Mark C. Gabel (CA State Bar No. 253729)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
Telephone: (415) 276-6500
Facsimile: (415) 276-6599
Email: stuartmiller@dwt.com
markgabel@dwt.com
RT
U
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S DISTRICT
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TA
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Kenneth D. Kleinman (PA State Bar No. 31770) (Pro Hac Vice)
Joseph D. Shelby (PA State Bar No. 69399) (Pro Hac Vice pending)
STEVENS & LEE, P.C.
1818 Market Street, 29th Floor
Philadelphia, PA 19103-1702
Telephone: (215) 575-0100
Facsimile: (215) 851-0214
Email: kdk@stevenslee.com
jds@stevenslee.com
F
D IS T IC T O
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Attorneys for DEFENDANT
HEALTHCARE SERVICES GROUP, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TONY M. GLENN,
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Plaintiff,
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vs.
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HEALTHCARE SERVICES GROUP, INC., )
and DOES 1-10, inclusive,
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Defendants.
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Case Number: 3:11-cv-06713 JW
[PROPOSED] STIPULATED
PROTECTIVE ORDER
State Court Action Filed: September 30, 2011
Subject to the approval of this Court, Plaintiff TONY M. GLENN (“Glenn” or “Plaintiff”)
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and Defendant HEALTHCARE SERVICES GROUP, INC. (“HSG” or “Defendant”), by and
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through their respective counsel of record, stipulate to the following Protective Order. This
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Protective Order is intended to account for and protect any and all financial, proprietary, and trade
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secret information, as well as any private personal information of any of the parties, or of any third
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Stipulated Protective Order, Case No. 3:11-cv-06713-JW
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party, that is produced in this case.
STIPULATED PROTECTIVE ORDER
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The parties, or any of them, may determine that certain information is confidential and that
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they do not want to disclose that information in this litigation without an obligation of secrecy. The
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parties therefore agree as follows regarding their obligations of secrecy with respect to such
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information disclosed during discovery.
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The Court, finding that the agreement of the parties is proper and desirable in the
circumstances of this case, Orders as follows:
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The following definitions apply to this Order:
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a. “Party” or “Parties” means any party in the above captioned lawsuit. “Third
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Party” or “Third Parties” means every natural person or entity other than the
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Parties and their counsel.
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b. “Documents” means all documents, transcribed deposition testimony, and other
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products of discovery; all information derived directly or indirectly therefrom
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(excluding the work product of counsel), produced, made available, or given by
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any party hereto, subsequent to the date of this Stipulation, whether produced
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voluntarily or pursuant to a subpoena or court order; and all copies, excerpts or
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summaries thereof. “Documents” includes, but is not limited to, documents
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produced or made available pursuant to the Federal Rules of Civil Procedure, and
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responses to requests for production of documents, requests for admission, or
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interrogatories.
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c. “Confidential Information” means any information which is disclosed in
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discovery or in some other proceeding in this litigation, and which is designated
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as Confidential Information in good faith prior to or at the time of its disclosure
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by the party asserting confidentiality, whether such designation be oral at a
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hearing or deposition, or in writing, and whether such disclosure is voluntary or
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not. Only material that falls into one of the following six categories may be
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designated as Confidential Information:
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i. Personal information, including addresses, phone numbers, email
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addresses, and other contact information, of any officer, employee, or
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former employee of Defendant other than Plaintiff.
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ii. Employment or personnel records of any officer, employee, or former
employee of Defendant other than Plaintiff.
iii. Information concerning or constituting trade secrets or other confidential
and proprietary business information.
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iv. Other specific documents as agreed to by the parties.
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v. Other specific documents as specified by court order.
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d. “Qualified Person(s)” means any of the following:
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i. The parties to this lawsuit, including any officer, director, or agent of
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Defendants, provided that the party, before receiving the Confidential
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Information, has signed an agreement to abide by the provisions of this
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Stipulation in the form set forth in “Exhibit A” to this Order, which
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signed agreement will be retained in the file of counsel disclosing the
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Confidential Information to the party.
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ii. Counsel of record for any of the parties, including all partners and
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associate attorneys of any counsel’s law firm, as well as all paralegals and
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administrative staff of any counsel’s law firm when operating under the
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direct supervision of the law firm’s attorneys, and, where applicable, in-
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house attorneys responsible for oversight of this litigation.
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iii. Deposition or trial witnesses necessary to aid in the prosecution, defense,
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or settlement of the action, provided that the witness, before receiving the
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Confidential Information, has signed an agreement to abide by the
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provisions of this Stipulation in the form set forth in “Exhibit A” to this
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Order, which signed agreement will be retained in the file of counsel
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disclosing the Confidential Information to the witness.
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iv. Any mediator or other similar neutral engaged by the Court or the parties
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to facilitate the resolution of this case, provided that the mediator, before
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receiving the Confidential Information, has signed an agreement to abide
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by the provisions of this Stipulation in the form set forth in “Exhibit A” to
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this Order, which signed agreement will be retained in the file of counsel
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disclosing the Confidential Information to the mediator.
v. Court personnel, including court reporters, engaged in the litigation as
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needed for preparation for trial or the trial of this case.
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vi. Experts or other consultants not affiliated with a party, who have been
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retained by any party’s counsel of record for the purposes of assisting in
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the preparation for trial or the trial of this case, provided that the expert,
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before receiving the Confidential Information, has signed an agreement to
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abide by the provisions of this Stipulation in the form set forth in “Exhibit
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A” to this Order, which signed agreement will be retained in the file of
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counsel disclosing the Confidential Information to the expert.
vii. The parties may meet and confer in good faith to consider any proposed
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exceptions to this provision, and may seek judicial approval for
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exceptions if they cannot agree regarding them.
e. “Case,” “Action,” or “Lawsuit” mean Case No. 3:11-cv-06713 JW, currently
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pending in the United States District Court for the Northern District of
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California.
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2.
Confidential Information shall be used solely for (a) preparation of the parties’
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respective cases in this lawsuit and (b) proceedings in this lawsuit. Confidential Information shall
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not be used for any other purpose whatsoever.
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3.
The substance or content of Confidential Information, as well as all documents or
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things containing that substance or content, shall not be disclosed, directly or indirectly, by the
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receiving party, or by any other Qualified Person to whom the receiving party reveals or discloses
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it, to anyone other than a Qualified Person.
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4.
Prior to receiving Confidential Information, all Qualified Persons, except those
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designated in paragraphs 1(d)(ii) and 1(d)(v) above, shall sign a statement in substantially the form
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as that set forth in “Exhibit A” to this Stipulation, which shall be retained by counsel by whom the
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Confidential Information is disclosed to the Qualified Person.
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5.
If any party objects to the other party’s designation of information as Confidential
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Information, the parties will promptly attempt to resolve the dispute informally. If they cannot, the
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party asserting the designation must within 30 days of written notice (effective upon faxing or
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emailing) that the objection cannot be resolved informally, petition the Court to resolve such a
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dispute or waive the right to do so. In any such dispute, the party asserting that the designated
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information is “Confidential Information” as defined above will have the burden to establish it as
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such. The material will in all respects be treated as Confidential Information from the time of the
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original designation until the Court decides the issue or the asserting party has waived the
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designation.
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6.
Before filing with the Court any information that has been designated as Confidential
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Information, or any pleadings, motions or other papers that disclose any such information, counsel
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shall confer about how it should be filed. If the party that produced the information so designated
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desires that the materials be filed under seal, then that party shall seek a court order, pursuant to
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Northern District Local Rule 79-5, to permit the documents to be filed under seal. Each party
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agrees not to oppose a motion to file information designated as Confidential Information under seal,
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unless there is a pending dispute concerning whether the information should be so designated, as
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discussed in Paragraph 5 above. All parties will work in good faith and cooperatively to ensure that
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the documents are filed, and will take into consideration court deadlines and pending motions.
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7.
When Confidential Information is presented, quoted or referenced in any deposition,
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for the offering party shall make arrangements to insure that only permitted Qualified Persons are
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present during such presentation, quotation or reference.
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8.
When Confidential Information is included a transcript of a deposition, hearing, trial
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or other proceeding, the party asserting confidentiality shall, with the cooperation of the other
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parties, make arrangements with the court reporter for the proceeding to protect the information in
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one of the following ways: (1) recite on the record at the proceeding that the portion of the
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transcript containing the Confidential Information will be designated as Confidential Information,
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or (2) designate the information as Confidential in writing by sending the designation to the court
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reporter and the other party within fourteen calendar days after the designating party first receives a
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copy of the transcript. Until the designation is made or the fourteen days expire without any
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assertion of confidentiality being made (whichever occurs first), the portions of the transcript
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containing the Confidential Information will be treated as Confidential Information.
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In the event that any party inadvertently produces a document believed in good faith
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to contain Confidential Information, that party shall notify the recipient(s) in writing or by making a
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statement on the record as soon as practical after the inadvertent production is discovered.
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Following receipt of such a notice, the recipient(s) shall return to the party asserting confidentiality
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all originals and copies of any document claimed to contain Confidential Information inadvertently
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produced. The party asserting confidentiality shall then designate the document as Confidential
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Information and return it to the recipient.
10.
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Neither party consents or admits to the actual confidentiality of any material by
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agreeing to this Stipulation. If either party wishes to challenge the designation of any information
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as Confidential Information, that party may move the Court for an order releasing the material from
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the provisions of this Stipulation. The Court, in response to such a motion and upon a showing of
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good cause, may order removal of the Confidential designation from any materials or information or
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otherwise amend this Order.
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This Protective Order is not intended to, and does not, govern the procedures for
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ensuring the continued confidentiality and protection of Confidential Information in pre-trial oral
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argument or at trial. If this action proceeds to trial, the parties agree that they will meet and confer
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prior to trial in an attempt to resolve any issues related to the use of Confidential Information at
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trial. The parties expressly confer authority on the Court to resolve issues concerning the continued
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confidentiality and protection of the information in pre-trial oral argument and at trial. But no
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Confidential Information will lose its confidential status as a result of being offered in evidence at
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trial.
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IT IS SO STIPULATED.
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DATED: July 8, 2012
SUNDEEN SALINAS AND PYLE
Attorneys for Plaintiff
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/s/ Robert Salinas
By: Robert Salinas, Esq.
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DATED: July 8, 2012
STEVENS & LEE
Attorneys for Defendant
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/s/ Kenneth D. Kleinman
By: Kenneth D. Kleinman, Esq.
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Pursuant to the above stipulation, IT IS SO ORDERED.
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DATED: August 10 2012
__________,
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Honorable James Ware
United States District Judge
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Stipulated Protective Order, Case No. 3:11-cv-06713-JW
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EXHIBIT A
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I, ___________________________, hereby acknowledge that I am about to receive
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Confidential Information in connection with the litigation entitled Glenn v. Healthcare Services
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Group, Inc., United States District Court for the Northern District of California Case Number 3:11-
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cv-06713 JW.
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I understand that the Confidential Information is being provided to me pursuant to the terms
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and restrictions of the Stipulated Protective Order (“Order”) in this lawsuit. I have been given a
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copy of the Order, have read the Order, and agree to be bound by its terms. I understand that
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Confidential Information defined in the Order, or any notes or other records that may be made
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regarding any such Confidential Information, shall not be disclosed to anyone except as permitted
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by the Order.
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DATED: ______________
__________________________________
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