UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
August 10, 2012
TONY M. GLENN, PLAINTIFF,
HEALTHCARE SERVICES GROUP, INC., AND DOES 1-10, INCLUSIVE,
The opinion of the court was delivered by: Honorable James Ware United States District Judge
IT SO ORDERED
Mark C. Gabel (CA State Bar No. 253729) I 2 Stuart Miller ( CA S tate Bar No. 127766) DAVIS WRIGHT TREMAINE LLP U A 505 Montgomery Street, Suite 800 I 3 San Francisco, CA 94111-6533 N James Ware R Telephone: (415) 276-6500 O Judge O Facsimile: (415) 276-6599 R F Email: email@example.com H L firstname.lastname@example.org E Kenneth D. Kleinman (PA State Bar No. 31770) (Pro Hac Vice) 7 Joseph D. Shelby (PA State Bar No. 69399) (Pro Hac Vice pending) 8 STEVENS & LEE, P.C. 1818 Market Street, 29th Floor 9 Philadelphia, PA 19103-1702 Telephone: (215) 575-0100 10 Facsimile: (215) 851-0214 Email: email@example.com 11 firstname.lastname@example.org Attorneys for DEFENDANT HEALTHCARE SERVICES GROUP, INC. 13 14
[PROPOSED] STIPULATED PROTECTIVE ORDER State Court Action Filed: September 30, 2011
Subject to the approval of this Court, Plaintiff TONY M. GLENN ("Glenn" or "Plaintiff") 25 and Defendant HEALTHCARE SERVICES GROUP, INC. ("HSG" or "Defendant"), by and 26 through their respective counsel of record, stipulate to the following Protective Order. This 27 Protective Order is intended to account for and protect any and all financial, proprietary, and trade 28 secret information, as well as any private personal information of any of the parties, or of any third party, that is produced in this case.
The parties, or any of them, may determine that certain information is
confidential and that
4 they do not want to disclose that information in this litigation
without an obligation of secrecy. The 5 parties therefore agree as
follows regarding their obligations of secrecy with respect to such 6
information disclosed during discovery. 7
circumstances of this case, Orders as follows: 9
a. "Party" or "Parties" means any party in the above captioned lawsuit. "Third Party" or "Third Parties" means every natural person or entity other than the Parties and their counsel.
b. "Documents" means all documents, transcribed deposition testimony, and other products of discovery; all information derived directly or indirectly therefrom (excluding the work product of counsel), produced, made available, or given by any party hereto, subsequent to the date of this Stipulation, whether produced voluntarily or pursuant to a subpoena or court order; and all copies, excerpts or summaries thereof. "Documents" includes, but is not limited to, documents produced or made available pursuant to the Federal Rules of Civil Procedure, and responses to requests for production of documents, requests for admission, or interrogatories.
c. "Confidential Information" means any information which is disclosed in discovery or in some other proceeding in this litigation, and which is designated as Confidential Information in good faith prior to or at the time of its disclosure by the party asserting confidentiality, whether such designation be oral at a hearing or deposition, or in writing, and whether such disclosure is voluntary or not. Only material that falls into one of the following six categories may be designated as Confidential Information:
The Court, finding that the agreement of the parties is proper and desirable in the
1. The following definitions apply to this Order:
i. Personal information, including addresses, phone numbers, email addresses, and other contact information, of any officer, employee, or former employee of Defendant other than Plaintiff.
ii. Employment or personnel records of any officer, employee, or former employee of Defendant other than Plaintiff.
iii. Information concerning or constituting trade secrets or other confidential and proprietary business information.
iv. Other specific documents as agreed to by the parties.
v. Other specific documents as specified by court order.
d. "Qualified Person(s)" means any of the following:
i. The parties to this lawsuit, including any officer, director, or agent of Defendants, provided that the party, before receiving the Confidential Information, has signed an agreement to abide by the provisions of this Stipulation in the form set forth in "Exhibit A" to this Order, which signed agreement will be retained in the file of counsel disclosing the Confidential Information to the party.
ii. Counsel of record for any of the parties, including all partners and associate attorneys of any counsel's law firm, as well as all paralegals and administrative staff of any counsel's law firm when operating under the direct supervision of the law firm's attorneys, and, where applicable, in- house attorneys responsible for oversight of this litigation.
iii. Deposition or trial witnesses necessary to aid in the prosecution, defense, or settlement of the action, provided that the witness, before receiving the Confidential Information, has signed an agreement to abide by the provisions of this Stipulation in the form set forth in "Exhibit A" to this Order, which signed agreement will be retained in the file of counsel disclosing the Confidential Information to the witness.
iv. Any mediator or other similar neutral engaged by the Court or the parties 22 respective cases in this lawsuit and (b) proceedings in this lawsuit. Confidential Information shall 23 not be used for any other purpose whatsoever. 24
3. The substance or content of Confidential Information, as well as all documents or 25 things containing that substance or content, shall not be disclosed, directly or indirectly, by the 26 receiving party, or by any other Qualified Person to whom the receiving party reveals or discloses 27 it, to anyone other than a Qualified Person. 28 to facilitate the resolution of this case, provided that the mediator, before receiving the Confidential Information, has signed an agreement to abide by the provisions of this Stipulation in the form set forth in "Exhibit A" to this Order, which signed agreement will be retained in the file of counsel disclosing the Confidential Information to the mediator.
v. Court personnel, including court reporters, engaged in the litigation as needed for preparation for trial or the trial of this case.
vi. Experts or other consultants not affiliated with a party, who have been retained by any party's counsel of record for the purposes of assisting in the preparation for trial or the trial of this case, provided that the expert, before receiving the Confidential Information, has signed an agreement to abide by the provisions of this Stipulation in the form set forth in "Exhibit A" to this Order, which signed agreement will be retained in the file of counsel disclosing the Confidential Information to the expert.
vii. The parties may meet and confer in good faith to consider any proposed exceptions to this provision, and may seek judicial approval for exceptions if they cannot agree regarding them.
e. "Case," "Action," or "Lawsuit" mean Case No. 3:11-cv-06713 JW, currently pending in the United States District Court for the Northern District of California.
2. Confidential Information shall be used solely for (a) preparation of the parties'
4. Prior to receiving Confidential Information, all Qualified Persons, except those designated in paragraphs 1(d)(ii) and 1(d)(v) above, shall sign a statement in substantially the form 2 as that set forth in "Exhibit A" to this Stipulation, which shall be retained by counsel by whom the 3
5. If any party objects to the other party's designation of information as Confidential
Information, the parties will promptly attempt to resolve the dispute informally. If they cannot, the 6 party asserting the designation must within 30 days of written notice (effective upon faxing or 7 emailing) that the objection cannot be resolved informally, petition the Court to resolve such a 8 dispute or waive the right to do so. In any such dispute, the party asserting that the designated 9 information is "Confidential Information" as defined above will have the burden to establish it as 10 such. The material will in all respects be treated as Confidential Information from the time of the 11 original designation until the Court decides the issue or the asserting party has waived the 12 designation. 13
Information, or any pleadings, motions or other papers that disclose any such information, counsel 15 shall confer about how it should be filed. If the party that produced the information so designated 16 desires that the materials be filed under seal, then that party shall seek a court order, pursuant to 17
Northern District Local Rule 79-5, to permit the documents to be filed under seal. Each party 18 agrees not to oppose a motion to file information designated as Confidential Information under seal, 19 unless there is a pending dispute concerning whether the information should be so designated, as 20 discussed in Paragraph 5 above. All parties will work in good faith and cooperatively to ensure that 21 the documents are filed, and will take into consideration court deadlines and pending motions. 22
23 for the offering party shall make arrangements to insure that only permitted Qualified Persons are 24 present during such presentation, quotation or reference. 25
8. When Confidential Information is included a transcript of a deposition, hearing, trial 26 or other proceeding, the party asserting confidentiality shall, with the cooperation of the other 27 parties, make arrangements with the court reporter for the proceeding to protect the information in 28 one of the following ways: (1) recite on the record at the proceeding that the portion of the Confidential Information is disclosed to the Qualified Person. 4
6. Before filing with the Court any information that has been designated as Confidential
7. When Confidential Information is presented, quoted or referenced in any deposition, transcript containing the Confidential Information will be designated as Confidential Information, 2 or (2) designate the information as Confidential in writing by sending the designation to the court 3 reporter and the other party within fourteen calendar days after the designating party first receives a 4 copy of the transcript. Until the designation is made or the fourteen days expire without any 5 assertion of confidentiality being made (whichever occurs first), the portions of the transcript 6 containing the Confidential Information will be treated as Confidential Information. 7
9. In the event that any party inadvertently produces a document believed in good faith
8 to contain Confidential Information, that party shall notify the recipient(s) in writing or by making a 9 statement on the record as soon as practical after the inadvertent production is discovered. 10
Following receipt of such a notice, the recipient(s) shall return to the party asserting confidentiality 11 all originals and copies of any document claimed to contain Confidential Information inadvertently 12 produced. The party asserting confidentiality shall then designate the document as Confidential 13
10. Neither party consents or admits to the actual confidentiality of any material by
15 agreeing to this Stipulation. If either party wishes to challenge the designation of any information 16 as Confidential Information, that party may move the Court for an order releasing the material from 17 the provisions of this Stipulation. The Court, in response to such a motion and upon a showing of 18 good cause, may order removal of the Confidential designation from any materials or information or 19 otherwise amend this Order. 20
11. This Protective Order is not intended to, and does not, govern the procedures for
21 ensuring the continued confidentiality and protection of Confidential Information in pre-trial oral 22 argument or at trial. If this action proceeds to trial, the parties agree that they will meet and confer 23 prior to trial in an attempt to resolve any issues related to the use of Confidential Information at 24 trial. The parties expressly confer authority on the Court to resolve issues concerning the continued 25 confidentiality and protection of the information in pre-trial oral argument and at trial. But no 26
Confidential Information will lose its confidential status as a result of being offered in evidence at 27 trial. 28
Information and return it to the recipient.
IT IS SO STIPULATED.
Pursuant to the above stipulation, IT IS SO ORDERED. 13
Confidential Information in connection with the litigation entitled Glenn v. Healthcare Services 4 Group, Inc., United States District Court for the Northern District of California Case Number 3:11-5 cv-06713 JW. 6 7 and restrictions of the Stipulated Protective Order ("Order") in this lawsuit. I have been given a 8 copy of the Order, have read the Order, and agree to be bound by its terms. I understand that 9
Confidential Information defined in the Order, or any notes or other records that may be made 10 regarding any such Confidential Information, shall not be disclosed to anyone except as permitted 11 by the Order. 12 13 14
I, ___________________________, hereby acknowledge that I am about to receive
I understand that the Confidential Information is being provided to me pursuant to the terms
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