The opinion of the court was delivered by: Hon. Ralph Zarefsky United States District Magistrate Judge
VANESSA JARVIS, State Bar No. 201585 JARVIS LAW OFFICES 2642 Chestnut Avenue Long Beach CA 90806 Telephone: 562.333.6162 Telephone: 562.333.6522 firstname.lastname@example.org Attorneys for Plaintiff FREDERICK E. STEMME ANGEL GOMEZ, State Bar No. 74476 RHEA G. MARIANO, State Bar No. 204469 EPSTEIN BECKER & GREEN, P.C. 1925 Century Park East, Suite 500 Los Angeles, California 90067-2506 Telephone: 310.556.8861 Telephone: 310.553.2165 email@example.com Attorneys for Defendant U.S. TELEPACIFIC CORP., a California corporation dba Telepacific Communications, erroneously sued as U.S. Telepacific Corporation dba TelePacific Communications., erroneously sued as U.S. TELEPACIFC CORPORATION dba Telepacific Communications
STIPULATED PROTECTIVE ORDER
Plaintiff Frederick E. Stemme ("Plaintiff") and Defendant U.S. TelePacific Corp., a California corporation dba TelePacific Communications ("Defendant"), erroneously sued as U.S. TelePacific Corporation (collectively the "Parties"), by and through their respective counsel, hereby enter into this stipulation with reference to the following facts:
WHEREAS, Plaintiff contends that he was terminated in violation of the Family Medical Leave Act, Title VII of the Civil Rights Act, Americans with Disabilities Act, and public policy, and contends that Defendant violated California Labor Code laws with respect to his employment and compensation;
WHEREAS, Plaintiff has requested production of leave of absence records, compensation and other employment information for all former and current employees of Defendant who were employed in Plaintiff's former worksite;
WHEREAS, third-party employment files, third-party medical information, and third-party financial information are within a recognized zone of privacy;
WHEREAS, the parties desire to conduct discovery while protecting privacy concerns;
The parties, by and through their respective counsel of record, stipulate as follows:
1. Certain private information and documents produced by a party to another party may be designated confidential pursuant to the procedures set forth herein. Confidential information is information which has not been made public and includes, but is not limited to, all information or material which is considered by a producing party (Plaintiff, Defendant, or any third party) in good faith to constitute or to contain third-party compensation and financial information, personnel files and employment records; whether embodied in physical objects, documents (email, electronically generated, stored or disseminated), or the factual knowledge of persons; and which has been so designated by the producing party in the manner described below;
2. As to those documents, they shall be used by the party to whom such documents are produced, obtained or exchanged solely for the purposes of this litigation and for no other purpose. If the parties disagree upon this designation, either party may move or apply for a court order removing this designation;
3. Any documents produced or exchanged by any of the parties to this action, or any of their attorneys, and any information contained in response to interrogatories or documents produced in response to request(s) for inspection and copying of documents, or in any other discovery (including but not limited to deposition testimony and deposition exhibits, which a party believes in good faith is confidential) may be designated as confidential, and all documents and information so designated and all copies thereof (hereinafter referred to collectively as "Confidential Information"), shall be treated as confidential and shall not be disclosed except as provided in this Order;
4. PROVIDED, however, that counsel for the party designating information as confidential, in writing and without Court approval, may agree to release any of the Confidential Information from the requirements of this Order;
5. A party may designate a document as confidential pursuant to the terms of this Order by affixing to the first page thereof a stamp with the legend "CONFIDENTIAL" or may, in the alternative, by written notice inform other counsel that the document is to be treated as Confidential Information. Any party may also designate all or a portion of a deposition as Confidential Information by a statement on the record at the deposition identifying the portions that are designated confidential. The designated portions are to be separately bound.
6. The parties and their respective counsel agree to be bound by the terms of this stipulation regardless of ...