McClenton v. AllianceOne Incorporated et al, No. 3:2022cv01180 - Document 18 (S.D. Cal. 2022)
Court Description: ORDER Granting 17 Joint Motion for Entry of Stipulated Protective Order. Signed by Magistrate Judge Barbara Lynn Major on 11/8/2022. (All non-registered users served via U.S. Mail Service) (tcf)
Download PDF
<![CDATA[
McClenton v. AllianceOne Incorporated et al Doc. 18 Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.221 Page 1 of 12 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 10 JNECIA MONIQUE MCCLENTON, individually and on behalf of all others similarly situated, 11 Case No. 3:22-cv-01180-MMA-BLM Hon. Barbara L. Major Plaintiffs, 12 13 14 15 v. ALLIANCEONE INCORPORATED; and DOES 1 through 20, inclusive, ORDER GRANTING JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER [ECF No. 17] Defendants. 16 17 18 19 On November 7, 2022, the parties filed a joint motion requesting that the Court enter the parties’ stipulated Protective Order. ECF No. 17. The Court has considered 20 21 the proposed stipulated Protective Order [see id.] and, good cause shown, the joint 22 motion is GRANTED. 23 IT IS SO ORDERED. 24 25 Dated: 11/8/2022 26 27 28 1 CASE NO. 3:22-cv-01180-MMA-BLM Dockets.Justia.com Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.222 Page 2 of 12 1 ORDER 2 3 IT IS HEREBY STIPULATED by and between Plaintiff Jnecia Monique 4 McClenton 5 ("Defendant")(collectively, the "Parties"), by and through their respective counsel of 6 record, that in order to facilitate the exchange of information and documents which may 7 be subject to confidentiality limitations on disclosure due to federal laws, state laws, 8 and privacy rights, the Parties respectfully request the Court enter an Order for the 9 Parties to obey the provisions of the following Stipulated Protective Order: ("Plaintiff") and Defendant AllianceOne Incorporated 10 The Court recognizes that at least some of the documents and information 11 ("materials") being sought through discovery in the above-captioned action constitutes 12 (1) information pertaining to individuals, the disclosure of which would constitute an 13 unwarranted invasion of the affected individuals' constitutional, statutory and/or 14 common law rights to personal privacy and confidentiality, or (2) confidential, trade 15 secret, proprietary, financial, or commercially-sensitive information that, for 16 competitive reasons, normally kept confidential by the parties, and the disclosure of 17 which would constitute an invasion of the constitutionally-protected right to privacy or 18 could result in substantial competitive injury or breach of an obligation to another to 19 maintain such information as confidential. The parties have agreed to be bound by the 20 terms of this Protective Order (“Order”) in this action. 21 The materials to be exchanged throughout the course of the litigation between the 22 parties may also contain trade secret or other confidential research, technical, cost, 23 price, marketing or other commercial information, as is contemplated by Federal Rule 24 of Civil Procedure 26(c)(1)(G). The purpose of this Order is to protect the 25 confidentiality of such materials as much as practical during the litigation. 26 THEREFORE: 27 28 2 CASE NO. 3:22-cv-01180-MMA-BLM Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.223 Page 3 of 12 1 2 DEFINITIONS 1. The term "confidential information" will mean and include information 3 contained or disclosed in any materials, including documents, portions of documents, 4 answers to interrogatories, responses to requests for admissions, trial testimony, 5 deposition testimony, and transcripts of trial testimony and depositions, including data, 6 summaries, and compilations derived therefrom that is deemed to be confidential 7 information by any party to which it belongs. 8 2. The term "materials" will include, but is not be limited to: documents; 9 correspondence; memoranda; bulletins; blueprints; specifications; customer lists or 10 other material that identify customers or potential customers; price lists or schedules or 11 other matter identifying pricing; minutes; telegrams; letters; statements; cancelled 12 checks; contracts; invoices; drafts; books of account; worksheets; notes of 13 conversations; desk diaries; appointment books; expense accounts; recordings; 14 photographs; motion pictures; compilations from which information can be obtained 15 and translated into reasonably usable form through detection devices; sketches; 16 drawings; notes (including laboratory notebooks and records); reports; instructions; 17 disclosures; other writings; models and prototypes and other physical objects. 18 3. The term "counsel" will mean outside counsel of record, and other 19 attorneys, paralegals, secretaries, and other support staff employed in the law firms 20 identified below: 21 AKERMAN LLP MISHELL PARRENO TAYLOR (SBN 246850) mishell.taylor@akerman.com KEVIN FINLEY (SBN 318193) kevin.finley@akerman.com 601 West Fifth Street, Suite 300 Los Angeles, California 90071 Telephone: (213) 688-9500 Facsimile: (213) 627-6342 22 23 24 25 26 27 Attorneys for Defendant ALLIANCEONE INCORPORATED 28 3 CASE NO. 3:22-cv-01180-MMA-BLM Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.224 Page 4 of 12 1 2 3 4 5 6 7 AEGIS LAW FIRM, PC SAMUEL A. WONG, State Bar No. 217104 KASHIF HAQUE, State Bar No. 218672 JESSICA L. CAMPBELL, State Bar No. 280626 FAWN F. BEKAM, State Bar No. 307312 fbekam@aegislawfirm.com 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 8 Attorneys for Plaintiff Jneica Monique Mcclenton, individually and on behalf of all others similarly situated 9 "Counsel" also includes in-house attorneys for Defendant. 10 GENERAL RULES 11 12 4. Each party to this litigation that produces or discloses any materials, 13 answers to interrogatories, responses to requests for admission, trial testimony, 14 deposition testimony, and transcripts of trial testimony and depositions, or information 15 that the producing party believes should be subject to this Protective Order may 16 designate the same as "CONFIDENTIAL" or "CONFIDENTIAL - FOR COUNSEL 17 ONLY." 18 a. Designation as "CONFIDENTIAL": Any party may designate information 19 as "CONFIDENTIAL" only if, in the good faith belief of such party and its counsel, the 20 unrestricted disclosure of such information could be potentially prejudicial to the 21 business or operations of such party. 22 b. Designation as "CONFIDENTIAL - FOR COUNSEL ONLY": Any party 23 may designate information as "CONFIDENTIAL - FOR COUNSEL ONLY" only if, in 24 the good faith belief of such party and its counsel, the information is among that 25 considered to be most sensitive by the party, including but not limited to trade secret or 26 other confidential research, development, financial or other commercial information. 27 28 5. In the event the producing party elects to produce materials for inspection, no marking need be made by the producing party in advance of the initial inspection. 4 CASE NO. 3:22-cv-01180-MMA-BLM Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.225 Page 5 of 12 1 For purposes of the initial inspection, all materials produced will be considered as 2 "CONFIDENTIAL - FOR COUNSEL ONLY," and must be treated as such pursuant to 3 the terms of this Order. Thereafter, upon selection of specified materials for copying by 4 the inspecting party, the producing party must, within a reasonable time prior to 5 producing those materials to the inspecting party, mark the copies of those materials 6 that contain confidential information with the appropriate confidentiality marking. 7 8 9 6. Whenever a deposition taken on behalf of any party involves a disclosure of confidential information of any party: a. the deposition or portions of the deposition must be designated as 10 containing confidential information subject to the provisions of this 11 Order; such designation must be made on the record whenever 12 possible, but a party may designate portions of depositions as 13 containing confidential information after transcription of the 14 proceedings; [A] party will have until fourteen (14) days after 15 receipt of the deposition transcript to inform the other party or 16 parties to the action of the portions of the transcript to be designated 17 "CONFIDENTIAL" or "CONFIDENTIAL - FOR COUNSEL 18 ONLY.” 19 b. the disclosing party will have the right to exclude from attendance 20 at the deposition, during such time as the confidential information is 21 to be disclosed, any person other than the deponent, counsel 22 (including their staff and associates), the court reporter, and the 23 person(s) agreed upon pursuant to paragraph 8 below; and 24 c. the originals of the deposition transcripts and all copies of the 25 deposition 26 "CONFIDENTIAL - FOR COUNSEL ONLY," as appropriate, and 27 the original or any copy ultimately presented to a court for filing 28 must not be filed unless it can be accomplished under seal, identified must bear 5 the legend "CONFIDENTIAL" or CASE NO. 3:22-cv-01180-MMA-BLM Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.226 Page 6 of 12 1 as being subject to this Order, and protected from being opened 2 except by order of this Court. 3 7. All confidential information designated as "CONFIDENTIAL" or 4 "CONFIDENTIAL FOR COUNSEL ONLY" must not be disclosed by the receiving 5 party to anyone other than those persons designated within this order and must be 6 handled in the manner set forth below and, in any event, must not be used for any 7 purpose other than in connection with this litigation, unless and until such designation 8 is removed either by agreement of the parties, or by order of the Court. 9 8. Information designated "CONFIDENTIAL - FOR COUNSEL ONLY" 10 must be viewed only by counsel (as defined in paragraph 3) of the receiving party, and 11 by independent experts under the conditions set forth in this Paragraph. The right of any 12 independent expert to receive any confidential information will be subject to the 13 advance approval of such expert by the producing party or by permission of the Court. 14 The party seeking approval of an independent expert must provide the producing party 15 with the name and curriculum vitae of the proposed independent expert, and an executed 16 copy of the form attached hereto as Exhibit A, in advance of providing any confidential 17 information of the producing party to the expert. Any objection by the producing party 18 to an independent expert receiving confidential information must be made in writing 19 within fourteen (14) days following receipt of the identification of the proposed expert. 20 Confidential information may be disclosed to an independent expert if the fourteen (14) 21 day period has passed and no objection has been made. The approval of independent 22 experts must not be unreasonably withheld. 23 9. Information designated "confidential" must be viewed only by counsel (as 24 defined in paragraph 3) of the receiving party, by independent experts (pursuant to the 25 terms of paragraph 8), by court personnel, and by the additional individuals listed 26 below, provided each such individual has read this Order in advance of disclosure and 27 has agreed in writing to be bound by its terms: 28 a) Executives who are required to participate in policy decisions with 6 CASE NO. 3:22-cv-01180-MMA-BLM Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.227 Page 7 of 12 1 reference to this action; 2 b) Technical personnel of the parties with whom Counsel for the 3 parties find it necessary to consult, in the discretion of such counsel, 4 in preparation for trial of this action; and 5 c) 6 7 Stenographic and clerical employees associated with the individuals identified above. 10. With respect to material designated "CONFIDENTIAL" or 8 "CONFIDENTIAL – FOR COUNSEL ONLY," any person indicated on the face of the 9 document to be its originator, author or a recipient of a copy of the document, may be 10 shown the same. 11 11. All information which has been designated as "CONFIDENTIAL" or 12 "CONFIDENTIAL -FOR COUNSEL ONLY" by the producing or disclosing party, and 13 any and all reproductions of that information, must be retained in the custody of the 14 counsel for the receiving party identified in paragraph 3, except that independent experts 15 authorized to view such information under the terms of this Order may retain custody 16 of copies such as are necessary for their participation in this litigation. 17 12. Before any materials produced in discovery, answers to interrogatories, 18 responses to requests for admissions, deposition transcripts, or other documents which 19 are designated as confidential information are filed with the Court for any purpose, the 20 party seeking to file such material must seek permission of the Court to file the material 21 under seal. 22 13. At any stage of these proceedings, any party may object to a designation 23 of the materials as confidential information. The party objecting to confidentiality must 24 notify, in writing, counsel for the designating party of the objected-to materials and the 25 grounds for the objection. If the dispute is not resolved consensually between the parties 26 within seven (7) days of receipt of such a notice of objections, the objecting party may 27 move the Court for a ruling on the objection. The materials at issue must be treated as 28 confidential information, as designated by the designating party, until the Court has 7 CASE NO. 3:22-cv-01180-MMA-BLM Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.228 Page 8 of 12 1 2 ruled on the objection or the matter has been otherwise resolved. 14. All confidential information must be held in confidence by those 3 inspecting or receiving it, and must be used only for purposes of this action. Counsel 4 for each party, and each person receiving confidential information must take reasonable 5 precautions to prevent the unauthorized or inadvertent disclosure of such information. 6 If confidential information is disclosed to any person other than a person authorized by 7 this Order, the party responsible for the unauthorized disclosure must immediately bring 8 all pertinent facts relating to the unauthorized disclosure to the attention of the other 9 parties and, without prejudice to any rights and remedies of the other parties, make 10 every effort to prevent further disclosure by the party and by the person(s) receiving the 11 unauthorized disclosure. 12 15. No party will be responsible to another party for disclosure of confidential 13 information under this Order if the information in question is not labeled or otherwise 14 identified as such in accordance with this Order. 15 16. If a party, through inadvertence, produces any confidential information 16 without labeling or marking or otherwise designating it as such in accordance with this 17 Order, the designating party may give written notice to the receiving party that the 18 document or thing produced is deemed confidential information, and that the document 19 or thing produced should be treated as such in accordance with that designation under 20 this Order. The receiving party must treat the materials as confidential, once the 21 designating party so notifies the receiving party. If the receiving party has disclosed the 22 materials before receiving the designation, the receiving party must notify the 23 designating party in writing of each such disclosure. Counsel for the parties will agree 24 on a mutually acceptable manner of labeling or marking the inadvertently produced 25 materials as "CONFIDENTIAL" or "CONFIDENTIAL - FOR COUNSEL ONLY" - 26 SUBJECT TO PROTECTIVE ORDER. 27 28 17. Nothing within this order will prejudice the right of any party to object to the production of any discovery material on the grounds that the material is protected 8 CASE NO. 3:22-cv-01180-MMA-BLM Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.229 Page 9 of 12 1 2 as privileged or as attorney work product. 18. Nothing in this Order will bar counsel from rendering advice to their 3 clients with respect to this litigation and, in the course thereof, relying upon any 4 information designated as confidential information, provided that the contents of the 5 information must not be disclosed. 6 19. This Order will be without prejudice to the right of any party to oppose 7 production of any information for lack of relevance or any other ground other than the 8 mere presence of confidential information. The existence of this Order must not be used 9 by either party as a basis for discovery that is otherwise improper under the Federal 10 11 12 13 Rules of Civil Procedure. 20. Nothing within this order will be construed to prevent disclosure of confidential information if such disclosure is required by law or by order of the Court. 21. Filing Under Seal. Before any materials produced in discovery, answers to 14 interrogatories, responses to requests for admissions, deposition transcripts, or other 15 documents which are designated as Confidential Information are filed with the Court 16 for any purpose, the party seeking to file such material must seek permission of the 17 Court to file the material under seal. No document may be filed under seal, i.e., closed 18 to inspection by the public except pursuant to a Court order that authorizes the sealing 19 of the particular document, or portions of it. A sealing order may issue only upon a 20 showing that the information is privileged or protectable under the law. The request 21 must be narrowly tailored to seek sealing only of the confidential or privileged material. 22 To file a document under seal, the parties must comply with the procedures explained 23 in Section 2.j of the Electronic Case Filing Administrative Policies and Procedures 24 Manual for the United States District Court for the Southern District of California and 25 Civil Local Rule 79.2. In addition, in accordance with Judge Major's preferences, a 26 party must file a 'public' version of any document that it seeks to file under seal. In the 27 public version, the party may redact only that information that is deemed 'Confidential.' 28 The party should file the redacted document(s) simultaneously with a joint motion or 9 CASE NO. 3:22-cv-01180-MMA-BLM Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.230 Page 10 of 12 1 ex parte application requesting that the confidential portions of the document(s) be filed 2 under seal and setting forth good cause for the request." 3 22. Upon final termination of this action, including any and all appeals, 4 counsel for each party must, upon request of the producing party, return all confidential 5 information to the party that produced the information, including any copies, excerpts, 6 and summaries of that information, or must destroy same at the option of the receiving 7 party, and must purge all such information from all machine-readable media on which 8 it resides. Notwithstanding the foregoing, counsel for each party may retain all 9 pleadings, briefs, memoranda, motions, and other documents filed with the Court that 10 refer to or incorporate confidential information, and will continue to be bound by this 11 Order with respect to all such retained information. Further, attorney work product 12 materials that contain confidential information need not be destroyed, but, if they are 13 not destroyed, the person in possession of the attorney work product will continue to be 14 bound by this Order with respect to all such retained information. 15 23. The restrictions and obligations set forth within this order will not apply to 16 any information that: (a) the parties agree should not be designated confidential 17 information; (b) the parties agree, or the Court rules, is already public knowledge; (c) 18 the parties agree, or the Court rules, has become public knowledge other than as a result 19 of disclosure by the receiving party, its employees, or its agents in violation of this 20 Order; or (d) has come or will come into the receiving party's legitimate knowledge 21 independently of the production by the designating party. Prior knowledge must be 22 established by pre-production documentation. 23 24. The restrictions and obligations within this order will not be deemed to 24 prohibit discussions of any confidential information with anyone if that person already 25 has or obtains legitimate possession of that information. 26 27 25. Transmission by email or some other currently utilized method of transmission is acceptable for all notification purposes within this Order. 28 10 CASE NO. 3:22-cv-01180-MMA-BLM Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.231 Page 11 of 12 1 2 3 26. This Order may be modified by agreement of the parties, subject to approval by the Court. 27. Modification of the Protective Order by the Court. The Court may modify 4 the terms and conditions of this Order for good cause, or in the interest of justice, or on 5 its own order at any time in these proceedings. The parties prefer that the Court provide 6 them with notice of the Court's intent to modify the Order and the content of those 7 modifications, prior to entry of such an order. 8 9 10 11 28. Continuing Jurisdiction: The Court shall retain jurisdiction for a period of one (1) year after the conclusion of this action to enforce the terms of the Protective Order. IT IS SO ORDERED. 12 13 Dated: 11/8/2022 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 CASE NO. 3:22-cv-01180-MMA-BLM Case 3:22-cv-01180-MMA-BLM Document 18 Filed 11/08/22 PageID.232 Page 12 of 12 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Southern District of California on_______ 7 [date] in the case of Jnecia Monique McClenton v. AllianceOne Incorporated, Case No. 8 3:22-cv-01180-MMA-BLM. I agree to comply with and to be bound by all the terms of 9 this Stipulated Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that is 12 subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for 15 the Southern District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with this 21 action or any proceedings related to enforcement of this Stipulated Protective Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: _______________________________ 25 Signature: __________________________________ 26 27 28 12 CASE NO. 3:22-cv-01180-MMA-BLM
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
