The opinion of the court was delivered by: The Honorable Dennis L. Beck
RAUL PEREZ, Bar No. 174687 RPerez@InitiativeLegal.com MELISSA GRANT, Bar No. 205633 MGrant@InitiativeLegal.com SUZY E. LEE, Bar No. 271120 SuzyLee@InitiativeLegal.com INITIATIVE LEGAL GROUP APC 1800 Century Park East, 2nd Floor Los Angeles, California 90067 Telephone: 310.556.5637 Facsimile: 310.861.9051 Attorneys for Plaintiffs BRIAN BUTTERWORTH AND MARGO CHUI MICHAEL LEGGIERI, Bar No. 253791 firstname.lastname@example.org LITTLER MENDELSON, P.C. 500 Capitol Mall, Suite 2000 Sacramento, CA 95814 Telephone: 916.830.7200 Facsimile: 916.561.0828 Attorneys for Defendant AE RETAIL WEST ADDITIONAL COUNSEL OF RECORD ON FOLLOWING PAGE
STIPULATED PROTECTIVE ORDER AND ORDER
LEE J. HUTTON, Admitted Pro Hac Vice email@example.com TIMOTHY S. ANDERSON, Admitted Pro Hac Vice firstname.lastname@example.org LITTLER MENDELSON, P.C. 1100 Superior Avenue, 20th Floor Cleveland, OH 44114 Telephone: 216.696.7600 Facsimile: 216.696.2038 Attorneys for Defendant AE RETAIL WEST
This is a putative wage and hour class action. Consequently -- while the parties reserve the right to object to and/or challenge whether certain information is confidential, proprietary, a trade secret, personal, and/or private -- the parties believe that they, as well as nonparties, will be required to produce or disclose information that is confidential, proprietary, and/or that is of a private or personal nature. The parties believe that if such information is disclosed in this action without restriction on its use or further disclosure, it may cause disadvantage, harm, damage and/or loss to the disclosing party or nonparties.
Therefore, believing that good cause exists, the parties hereby stipulate and agree that, subject to the Court's approval, the following procedures shall be followed in this action to facilitate the orderly and efficient discovery of relevant information while minimizing the potential for unauthorized disclosure or use of personal, private, confidential, and/or proprietary information.
1. PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3 below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Local Rules of Practice for the United States District Court, Eastern District of California 140 and 141 set forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.
2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.
Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), as well as confidential or sensitive proprietary, business, commercial or personal information, including, but not limited to, compensation and payroll information, personnel records, employee data, employee schedules, employee training materials, employee complaints, internal investigations, audits, financial records, internal policies and procedures, business planning information, budgets, floor plans, internal compliance materials, marketing information, private contracts, and sales and profit information.
2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff).
2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."
2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.
2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action.
2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel.
2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.
2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
2.10 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action.
2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.
2.13 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL."
2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.
The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. However, the protections conferred by this Stipulation and Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.4. DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed ...