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Fernando Rodriguez and Guadalupe Herrera, On Behalf of v. D.M. Camp & Sons

June 2, 2011

FERNANDO RODRIGUEZ AND GUADALUPE HERRERA, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
D.M. CAMP & SONS, ET AL.
DEFENDANTS.



The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER GRANTING STIPULATION RE PROTECTION OF CONFIDENTIAL INFORMATION (Doc. 20)

Plaintiffs, Fernando Rodriguez and Guadalupe Herrera ("Plaintiffs") and defendant DM Camp ("Defendant"), by and through their respective counsel, hereby enter into the following Stipulation for Protection of Confidential Information. Plaintiffs and Defendant believe that the discovery, prosecution, and defense of this action may require the disclosure of certain payroll records and personal contact information concerning Defendant's current and/or former employees. The Parties desire to litigate this action without jeopardizing any party's interest in privacy and/or confidentiality. The parties mutually request that the Court approve this Stipulation and agree that, upon entry of an order approving this Stipulation, this Stipulation and Order shall govern the handling of documents (written or electronic), testimony and any other information produced or disclosed in this action by any party, alleged class members and/ or third party prior to trial ("Discovery Material"). As used herein, the term "Designating Party" shall mean a party or non-party that designates Discovery Material as Confidential Information, and the term "Receiving Party" shall include all parties to whom the production or disclosure of any Confidential Information is made.

1. Any Designating Party may designate as Confidential Information any Discovery Material that it believes in good faith to contain confidential, proprietary, commercially sensitive, or personal private information protected by constitutional, statutory and/or common-law rights of privacy and/or confidentiality. A Designating Party may designate as Confidential Information material that is produced informally or in response to formal discovery in the course of the Litigation. Each Party or non party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies for protection. A Designating Party must take care to designate for protection only those parts of material, documents, items, or oral or written communications that qualify so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order.

2. The protection of this Order may be invoked by any party with respect to the privacy and/or confidentiality of any payroll records and personal contact information concerning Defendants' current and/or former employees--limited to employee personnel files, addresses, telephone numbers, Social Security numbers, itemized wage statements, time records and compensation.

3. The designation of Discovery Material as Confidential Information shall be made in the following manner:

A. In the case of documents other than deposition testimony: by stamping or labeling "Confidential" each page containing any Confidential Information, or stamping one page "Confidential" and describing the document category; or

B. In the case of deposition testimony:

(i) by a statement on the record, by counsel for the Designating Party, at any time during the deposition, that any particular deposition testimony shall be treated as Confidential Information. In that event, the reporter shall separately transcribe any such portion of the testimony; or

(ii) by written notice, sent by counsel to all parties within twenty-one (21) business days after receiving a copy of the deposition transcript, that any particular deposition testimony shall be treated as Confidential Information. With respect to any depositions or other documents that take place before approval of this Stipulation by the Court, such designation shall be made no later than thirty (30) days after entry of the Order approving this Stipulation.

4. A party may challenge a designation of Discovery Material as Confidential Information by notifying the Designating Party in writing. The Parties agree to meet and confer over disputes about whether or not information is CONFIDENTIAL before making such a motion to the Court. After making a good faith effort to resolve any such challenge, either party may move, on reasonable notice, for an order vacating or upholding the designation. Discovery Material designated as Confidential Information shall be treated in accordance with that designation while any such application is pending. Whether a motion is brought to vacate or uphold a designation, the Designating Party shall have the burden of establishing confidentiality.

5. A Designating Party that produces Confidential Information but inadvertently fails to mark an item "Confidential" may correct its failure upon discovery of the error. Such correction and notice thereof shall be made in writing, and the Designating Party shall promptly substitute copies of each item or category appropriately marked. After the Receiving Party receives such notice, the Receiving Party shall thereafter treat the Confidential Information in accordance with the corrected designation, but no Receiving Party shall be held responsible for any disclosures that may have been made prior to said corrective notice. Within thirty (30) days after receipt of the corrected or substitute copies, unless the Designating Party agrees otherwise, the Receiving Party shall return the previously unmarked items and all copies thereof or destroy the same and certify the destruction to counsel for the Designating Party.

6. A party may designate Discovery Material produced by any other party, non-party and/or expert witness as Confidential Information by providing written notice to the producing party and each Receiving Party. Upon receipt of the foregoing notice, all parties shall thereafter treat the Confidential Information in accordance with that designation.

7. All CONFIDENTIAL material shall be used only for the purpose of the proceedings in this case, including mediation, arbitration, hearings, trial, and any appeals, and not in any other lawsuit, claim or cause of action or for any other purposes whatsoever unless ordered by a court of competent jurisdiction or agreed to in writing by the Parties prior to such use.

8. A Receiving Party shall use Confidential Information solely for purposes of this Litigation and for no other purpose whatsoever. It shall be the duty of each party and each individual bound by this Stipulation and Order to take reasonable steps to ensure that Confidential Information is not made public or disclosed except as set forth herein. Information that concerns alleged class members, such as personnel files, addresses, telephone numbers, Social Security numbers, and earnings information shall be presumed CONFIDENTIAL and shall be subject to this order even if documents containing such information are not marked "CONFIDENTIAL."

9. Discovery Material designated as "Confidential" may be disclosed, summarized or otherwise communicated in whole or in part only to the following persons:

A. The Court and those employed by the Court;

B. The parties' attorneys in this Litigation, including associate attorneys within the parties' respective law firms or law departments, paralegals, secretaries or other support personnel (including copy, data entry or computer services personnel);

C. Independent consultants, experts or translators, including their support personnel, who have been retained by a party or counsel for purposes of assisting in the Litigation or to serve as an expert witness in this case, provided that such ...


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