Andy Partida et al v. Tristar Products, Inc., No. 5:2020cv00436 - Document 69 (C.D. Cal. 2022)
Court Description: ORDER GRANTING STIPULATION GOVERNING THE DISCLOSURE OF PRIVILEGED INFORMATION by Magistrate Judge Kenly Kiya Kato re Stipulation for Order 67 . (see document for details) (hr)
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Andy Partida et al v. Tristar Products, Inc. Doc. 69 1 LYNCH CARPENTER, LLP Edwin J. Kilpela (Pro Hac Vice) 2 ekilpela@lcllp.com 1133 Penn Ave., 5th Floor 3 Pittsburgh, PA 15222 Tel.: (412) 322-9243 4 Fax: (412) 231-0246 5 Attorneys for Plaintiffs and the Class 6 [additional counsel listed on signature page.] 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA Case No.: 5:20-cv-00436-JGB-KK 10 ANDY PARTIDA, PATRICIA GARY, and GLENN GRAEVES, individually and [PROPOSED] ORDER GRANTING 11 on behalf of all others similarly situated, STIPULATION GOVERNING THE Plaintiffs, DISCLOSURE OF PRIVILEGED 12 INFORMATION v. 13 14 TRISTAR PRODUCTS, INC., Defendant. 15 16 17 The Parties, by and through their respective counsel, have jointly stipulated to 18 the terms of the Stipulation Governing the Disclosure of Privileged Information, and 19 with the Court being fully advised as to the same, it is hereby ORDERED: 20 I. APPLICABILITY 21 1. This Order shall apply to and govern all deposition transcripts and/or 22 videotapes, documents produced in response to requests for production of documents, 23 answers to interrogatories, responses to requests for admissions, affidavits, 24 declarations, and all other information or material produced, made available for 25 inspection, or otherwise submitted by any of the parties in this litigation pursuant to 26 the Federal Rules, as well as testimony adduced at trial or during any hearing 27 (collectively, “Information”). 28 1 [PROPOSED] ORDER GRANTING STIPULATION GOVERNING THE DISCLOSURE OF PRIVILEGED INFORMATION Dockets.Justia.com 1 II. GOOD CAUSE STATEMENT 2 2. This action is likely to involve trade secrets, customer and pricing lists 3 and other valuable research, development, commercial, financial, technical and/or 4 proprietary information for which special protection from public disclosure and from 5 use for any purpose other than prosecution of this action is warranted. Such 6 confidential and proprietary materials and information consist of, among other things, 7 confidential business or financial information, information regarding confidential 8 business practices, or other confidential research, development, or commercial 9 information (including information implicating privacy rights of third parties), 10 information otherwise generally unavailable to the public, or which may be privileged 11 or otherwise protected from disclosure under state or federal statutes, court rules, case 12 decisions, or common law. Accordingly, to expedite the flow of information, to 13 facilitate the prompt resolution of disputes over confidentiality of discovery materials, 14 to adequately protect information the parties are entitled to keep confidential, to ensure 15 that the parties are permitted reasonable necessary uses of such material in preparation 16 for and in the conduct of trial, to address their handling at the end of the litigation, and 17 serve the ends of justice, a protective order for such information is justified in this 18 matter. It is the intent of the parties that information will not be designated as 19 confidential for tactical reasons and that nothing be so designated without a good faith 20 belief that it has been maintained in a confidential, non-public manner, and there is 21 good cause why it should not be part of the public record of this case. 22 III. 23 24 25 26 27 28 PRODUCTION OF DISCOVERY MATERIALS POTENTIALLY PRIVILEGED INFORMATION 3. CONTAINING The parties agree that the production in this matter of any privileged or otherwise protected or exempted Information, as well as the production of Information without an appropriate designation of privilege, may be deemed a waiver or impairment of any claim of privilege or protection, including, but not limited to, the attorney-client privilege, the protection afforded to work product materials, or the subject matter thereof. 2 [PROPOSED] ORDER GRANTING STIPULATION GOVERNING THE DISCLOSURE OF PRIVILEGED INFORMATION 1 4. In order to avoid waiving or impairing a claim of privilege or protection 2 due to the production of any privileged, protected, or otherwise exempted Information, 3 the producing party must notify the receiving party within ninety (90) days of the 4 production thereof that privileged or otherwise protected or exempted Information has 5 been produced (“Identified Material”) by providing the receiving party with the 6 following: (1) written notice that Identified Material has been produced; and (2) a 7 privilege log in the format provided for in paragraph 6 hereto that describes the 8 Identified Material. Other than for purposes of challenging the designation of 9 Identified Material, the receiving party may make no further use of Identified Material 10 or any internally or externally generated analyses, memoranda, or notes based upon 11 Identified Material during any aspect of this matter or any other matter, including in 12 depositions, unless the producing party agrees in writing to withdraw its claim 13 concerning the Identified Material or the Identified Material is later designated by a 14 court as not privileged or protected. If the receiving party does not contest the 15 designation of Identified Material as provided for in this paragraph, then the receiving 16 party shall, within fifteen (15) business days of receiving the written notice and 17 privilege log provided for herein: (1) destroy all copies of Identified Material; (2) 18 destroy any internally or externally generated analyses, memoranda, or notes based 19 upon Identified Material; and (3) direct all individuals to whom the receiving party 20 transmitted Identified Material to destroy the same. The receiving party must further 21 certify in writing to the producing party that it has complied with this Paragraph by 22 the end of the aforementioned fifteen-day period. 23 5. A challenge to a designation of confidentiality or privilege may be made 24 at any time that is consistent with the Court’s Scheduling Order. The receiving party 25 may contest the Identified Material designation by notifying the producing party in 26 writing of the disagreement and the reasons for the disagreement. In that instance, the 27 receiving party shall, within fifteen (15) business days of receiving the written notice 28 and privilege log provided for in paragraph 3 hereto, move to compel the production 3 [PROPOSED] ORDER GRANTING STIPULATION GOVERNING THE DISCLOSURE OF PRIVILEGED INFORMATION 1 of the Identified Material. Such motions must include a statement that the receiving 2 party attempted to resolve the dispute through good faith discussions with the 3 producing party before seeking court intervention or an explanation detailing why 4 such discussions were not possible. Any motion challenging a party’s designation of 5 material as Identified Material must be brought in strict compliance with Local Civil 6 Rules 37-1 and 37-2 (including the Joint Stipulation requirement). 6. 7 If the Court denies the receiving party’s motion to compel the production 8 of Identified Material, then the receiving party shall, within fifteen (15) business days 9 of that order: (1) destroy all copies of Identified Material; (2) destroy any internally 10 or externally generated analyses, memoranda, or notes based upon Identified Material; 11 and (3) direct all individuals to whom the receiving party transmitted Identified 12 Material to destroy the same. The receiving party must further certify in writing to 13 the producing party that it has complied with this Order by the end of the 14 aforementioned fifteen-day period. 15 IV. PRIVILEGE LOGGING 16 7. Pursuant to Fed. R. Civ. P. 26, the parties shall exchange privilege logs 17 that describe the nature of the documents, communications, or tangible things that are 18 not produced or disclosed (including documents produced in redacted form) and do so 19 in a manner that will—without revealing the information that is asserted to be 20 privileged or protected—enable other parties to assess the claim. In addition the 21 parties agree that all privilege logs shall include the following information: the Bates 22 number of the document (for redacted documents only); the date the document was 23 created; the identity of all persons known to or believed to have authored the 24 document; the identity of all persons designated as addressees, copyees, or blind 25 copyees (indicating whether a person was an addressee, copyee, or blind copyee); the 26 custodian(s) of the document; asterisks identifying all attorneys appearing on the log; 27 the privilege, protection, or exemption asserted; and a brief description of the subject 28 matter of the document sufficient to enable another party’s evaluation of the claim of 4 [PROPOSED] ORDER GRANTING STIPULATION GOVERNING THE DISCLOSURE OF PRIVILEGED INFORMATION 1 protection from disclosure. Each producing party shall produce along with any 2 privilege log a list of (a) any attorney named in the privilege log including information 3 about whether they are internal or external counsel, and (b) each employee of the 4 producing party identified in the privilege log, including, if known, his or her 5 corresponding title(s). 6 V. MISCELLANEAOUS 7 8. A party seeking to file Identified Material with the Court must comply 8 with Local Civil Rule 79-5. Identified Material may only be filed under seal pursuant 9 to a separate court order authorizing the sealing of the specific Identified Material at 10 issue. If a party’s request to file Identified Material under seal is denied by the Court, 11 then the Receiving Party may file the information in the public record unless otherwise 12 instructed by the Court. 13 9. Any use of Identified Material at trial or other court hearings or 14 proceedings shall be governed by the orders of the trial judge and the Stipulation 15 Governing the Disclosure of Privileged Information does not govern the use of 16 Identified Material at trial. 17 10. The terms of this order do not apply to the Court and court personnel, 18 who are subject only to the Court’s internal procedures regarding the handling of 19 material filed or lodged, including material filed or lodged under seal. 20 11. Nothing in the protective order shall be construed as authorizing or 21 encouraging a party to disobey a lawful subpoena or court order issued in another 22 action. 23 12. Nothing in this Order abridges the right of any person to seek its 24 modification by the Court in the future. 25 13. By stipulating to the entry of this Order, no Party waives any right it 26 otherwise would have to object to disclosing or producing any information or item on 27 any ground not addressed in this Order. Similarly, no Party waives any right to object 28 on any ground to use in evidence of any of the material covered by this Order. 5 [PROPOSED] ORDER GRANTING STIPULATION GOVERNING THE DISCLOSURE OF PRIVILEGED INFORMATION 1 IT IS SO STIPULATED. 2 Dated: February 23, 2022 LYNCH CARPENTER, LLP 3 /s/ Edwin J. Kilpela Edwin J. Kilpela (Pro Hac Vice) ekilpela@lcllp.com Matthew Brady (Pro Hac Vice) matthew@lcllp.com 1133 Penn Ave., 5th Floor Pittsburgh, PA 15222 Tel.: (412) 322-9243 Fax: (412) 231-0246 4 5 6 7 8 LYNCH CARPENTER, LLP Katrina Carroll (Pro Hac Vice) katrina@lcllp.com 111 W. Washington St., Ste. 1240 Chicago, IL 60602 Tel.: (312) 750-1265 Fax: (412) 231-0246 9 10 11 12 CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP Daniel O. Herrera (Pro Hac Vice) dherrera@caffertyclobes.com 135 S. LaSalle Street, Suite 3210 Chicago, IL 60603 Tel.: (312)782-4880 Fax: (312)782-7785 13 14 15 16 Attorneys for Plaintiffs and the Class 17 18 Dated: February 23, 2022 19 20 21 22 23 24 25 LEWIS BRISBOIS BISGAARD & SMITH LLP /s/ Eric Y. Kizirian Eric Y. Kizirian (SB# 210584) Eric.Kizirian@lewisbrisbois.com Zourik Zarifian (SB# 306368) Zourik.Zarifian@lewisbrisbois.com 633 West 5th Street, Suite 4000 Los Angeles, California 90071 Tel.: 213.250.1800 Fax: 213.250.7900 Attorneys for Defendant 26 27 28 6 [PROPOSED] ORDER GRANTING STIPULATION GOVERNING THE DISCLOSURE OF PRIVILEGED INFORMATION 1 2 SIGNATURE ATTESTATION I, Edwin J. Kilpela, pursuant to L.R. 5-4.3.4(a)(2)(i), attest that all other 3 signatories listed, and on whose behalf this filing is submitted, concur in the filing’s 4 consent and have authorized this filing. /s/ Edwin J. Kilpela Edwin J. Kilpela 5 6 7 8 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 9 10 DATED: February 23, 2022 11 HON. KENLY KIYA KATO UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 [PROPOSED] ORDER GRANTING STIPULATION GOVERNING THE DISCLOSURE OF PRIVILEGED INFORMATION
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