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Jose v. Express

May 11, 2012

JOSE ORELLANA, INDIVIDUALLY, AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED, PLAINTIFF,
v.
EXPRESS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANT.



The opinion of the court was delivered by: Hon. John E. Mcdermott United States Magistrate Judge

ASSIGNED FOR ALL PURPOSES TO JUDGE STEPHEN V. WILSON PROTECTIVE ORDER

Plaintiff Jose Orellana ("Plaintiff") and Defendant Express, LLC ("Express"), by and through their respective counsel of record, hereby stipulate and agree to the following:

Good Cause Statement

1. Plaintiff's allegations, including his claims for failure to provide suitable seating and failure to reimburse for business-related expenses, may require disclosure of private and/or confidential information regarding Express' current and/or former employees, including information about employees' pay, contact information and/or performance histories. In addition, Express expects that Plaintiff may request and it may need to produce trade secret and/or business confidential information involving Express' business policies and practices that would likely cause significant harm to Express if made available or accessible publicly or to Express' competitors. Good cause therefore exists for the issuance of this protective order which will allow the parties to engage in discovery in the above-captioned lawsuit while providing a means for limiting access to, and disclosure of, private, confidential and/or trade secret information. The purpose of this protective order is to protect the confidentiality of such materials as much as practical during the litigation.

Definitions And Designation

2. "Confidential Information" means any information contained in a document that is stamped with a "Confidential" designation. Confidential Information may include, but is not limited to: (a) confidential or sensitive company proprietary business information and (b) information about current, past or prospective employees that is of a confidential or private nature, including current or former employees' names and contact information, wage information and job performance-documentation.

3. Stamping "Confidential" on the cover of a multiple page document shall classify all pages of the document with the same designation unless otherwise indicated by the designating party. Marking or stamping "Confidential Information" on a label on any electronic storage medium shall designate the entire contents of such electronic storage medium as Confidential Information.

4. Any party that designates material as Confidential Information must take care to limit any such designation to specific material that qualifies under the appropriate standards and, where appropriate, must designate as Confidential Information 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 unjustifiably designated as Confidential Information. Mass, indiscriminate, or routinized designations of material as Confidential Information are prohibited, and designations that are shown to be clearly unjustified or that have been made for an improper purpose (i.e., to unnecessarily encumber or retard the case development process or to impose unnecessary expenses and burdens on other parties) may expose the party making such designations to sanctions.

Access to Confidential Information

5. Confidential Information produced or received in this action subject to this protective order shall not be disclosed by any person who has received such Confidential Information through this action except to: the Court, including assigned judges, their staff, jurors and other court personnel; court reporters and videographers recording or transcribing testimony in this action; attorneys of record for the parties and their respective associates, paralegals, clerks, and employees involved in the conduct of this litigation and in-house attorneys at Express. Notwithstanding the foregoing, the following designated persons may also receive and review Confidential Information:

a. Current or former employees of Express who may serve as witnesses, but only to the extent that the Confidential Information is directly related to their expected testimony;

b. Plaintiff Jose Orellana and any other named plaintiff that may be added to the litigation;

c. Any person who was involved in the preparation of the document, materials or the discovery responses containing Confidential Information or who lawfully received or reviewed the documents or to whom the Confidential Information has previously been made available other than by one receiving such Confidential Information in connection with this action;

d. Experts or consultants who are engaged by counsel for any party to perform investigative work, factual research, or other services relating to this action;

e. Mediators used to try to resolve the action; f. Any other person with the prior written consent of the designating party.

6. Prior to reviewing any Confidential Information, any person who falls within a category identified in Paragraph 4(a)-(f) shall be provided a copy of this protective order and shall agree to be bound by its terms by executing the non-disclosure agreement in the form set forth in Attachment A.

7. The parties shall retain copies of any executed non-disclosure agreements until the end of the action. In the event of a possible violation of this protective order while this action is pending, a party may request that the Court order production of the executed non-disclosure agreements for good cause. Otherwise, the non-disclosure agreements are confidential and are not subject to any discovery request while the action is pending. No more than sixty (60) calendar days after the end of litigation in the action, the party who received the Confidential Information shall provide copies of all executed non-disclosure agreements to the party who produced the Confidential Information.

8. The action is at an end when all of the following that are applicable occur: (a) a final judgment has been entered by the Court or the case has otherwise been dismissed with prejudice; (b) the time for any objection to or request for reconsideration of such a judgment or dismissal has expired; (c) all available appeals have concluded or the time for such appeals has expired; and (d) any post appeal proceedings have concluded.

Use Of Confidential Information

9. Confidential Information shall be used solely and exclusively for preparing for, attempting to settle, and prosecuting this case, including the claims brought on behalf of the named plaintiff(s) and hourly or non-exempt employees in California in this case, pending the completion of the judicial process, including appeal. Confidential Information cannot be used for any other purpose in any other matter or proceeding for any reason whatsoever. However, this Agreement is not ...


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