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Nancy Dardarian, Individually and On Behalf of All Others Similarly Situated v. Officemax North America

November 14, 2012

NANCY DARDARIAN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
OFFICEMAX NORTH AMERICA, INC., AN OHIO CORPORATION,
DEFENDANT.
NATHAN THOMS, INDIVIDUALLY AND ON BEHALF OF HIMSELF AND OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
OFFICEMAX NORTH AMERICA, INC., AN OHIO CORPORATION; AND
DOES 2 THROUGH 50, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Yvonne Gonzalez Rogers United States District Judge

SEYFARTH SHAW LLP Michael J. Burns (SBN 172614) 2 E-mail: mburns@seyfarth.com Giovanna A. Ferrari (SBN 229871) 3 E-mail: gferrari@seyfarth.com 560 Mission Street, 31st Floor 4 San Francisco, California 94105 Telephone: (415) 397-2823 5 Facsimile: (415) 397-8549 6 Jeffrey D. Neumeyer (Admitted Pro Hac Vice) Email: jeffneumeyer@officemax.com 7 Elham Marder (SBN 251981) Email: ElhamMarder@officemax.com 8 OFFICEMAX INCORPORATED 1111 West Jefferson Street, Suite 510 9 Boise, Idaho 83702 Telephone: (208) 388-4177 10 Facsimile: (630) 647-3864 11 Attorneys for Defendant OFFICEMAX NORTH AMERICA, INC. 12 13

MODIFIED STIPULATED PROTECTIVE ORDER

1. PURPOSES AND LIMITATIONS

3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket 7 protections on all disclosures or responses to discovery and that the protection it affords from 8 public disclosure and use extends only to the limited information or items that are entitled to 9 confidential treatment under the applicable legal principles. The parties further acknowledge, as 10 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 11 confidential information under seal; Civil Local Rule 79-5 and General Order 62 set forth the 12 procedures that must be followed and the standards that will be applied when a party seeks 13 permission from the court to file material under seal. 14

2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 17

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 19 of Civil Procedure 26(c).

21 well as their support staff). 22 it produces in disclosures or in responses to discovery as "CONFIDENTIAL." 24 medium or manner in which it is generated, stored, or maintained (including, among other things, 26 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 27 responses to discovery in this matter. 28

Modified Stipulated Protective Order / Case No. 4:11-CV-00947 YGR 14070053v.1

Disclosure and discovery activity in this action are likely to involve production of Accordingly, the parties hereby stipulate to and petition the court to enter the following 6

2. DEFINITIONS 15

2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is

2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as

2.4 Designating Party: a Party or Non-Party that designates information or items that

2.5 Disclosure or Discovery Material: all items or information, regardless of the to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as 3 a consultant in this action.

2.6 Expert: a person with specialized knowledge or experience in a matter pertinent

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.

7 legal entity not named as a Party to this action. 8 action but are retained to represent or advise a party to this action and have appeared in this 10 action on behalf of that party or are affiliated with a law firm which has appeared on behalf of 11 that party.

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

2.8 Non-Party: any natural person, partnership, corporation, association, or other

2.9 Outside Counsel of Record: attorneys who are not employees of a party to this

2.10 Party: any party to this action, including all of its officers, directors, employees,

2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 16

2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 18 organizing, storing, or retrieving data in any form or medium) and their employees and 19 subcontractors.

2.13 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL." 22

3. SCOPE 25

(as defined above), but also (1) any information copied or extracted from Protected Material; (2) 27 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 28 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

Modified Stipulated Protective Order / Case No. 4:11-CV-00947 YGR 14070053v.1

2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 24

The protections conferred by this Stipulation and Order cover not only Protected Material However, the protections conferred by this Stipulation and Order do not cover the following 2 information: (a) any information that is in the public domain at the time of disclosure to a 3

Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 4 a result of publication not involving a violation of this Order, including becoming part of the 5 public record through trial or otherwise; and (b) any information known to the Receiving Party 6 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 7 obtained the information lawfully and under no obligation of confidentiality to the Designating 8

4. DURATION 10

11 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 12 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 13 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 14 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 15 action, including the time limits for filing any motions or applications for extension of time 16 pursuant to applicable law. 17

5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under this Order must take care 20 to limit any such designation to specific material that qualifies under the appropriate standards. 21

The Designating Party must designate for protection only those parts of material, documents, 22 items, or oral or written communications that qualify -- so that other portions of the material, 23 documents, items, or communications for which protection is not warranted are not swept 24 unjustifiably within the ambit of this Order. 25

26 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 27 unnecessarily encumber or retard the case development process or to impose unnecessary 28 expenses and burdens on other parties) expose the Designating Party to sanctions.

Modified Stipulated Protective Order / Case No. 4:11-CV-00947 YGR 14070053v.1

Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 9

Even after final disposition of this litigation, the confidentiality obligations imposed by

5. DESIGNATING PROTECTED MATERIAL 18

Mass, indiscriminate, or routinized designations are prohibited. Designations that are 2 for protection do not qualify for protection, that Designating Party must promptly notify all other 3

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 6

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 7 designated before the material is disclosed or produced. 8

10 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 11

Party affix the legend "CONFIDENTIAL" to each page that contains protected material. If only 12 a portion or portions of the material on a page qualifies for protection, the Producing Party also 13 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 14 margins). 15

A Party or Non-Party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting Party has indicated which 17 material it would like copied and produced. During the inspection and before the designation, all 18 of the material made available for inspection shall be deemed "CONFIDENTIAL." After the 19 inspecting Party has identified the documents it wants copied and produced, the Producing Party 20 must determine which documents, or portions thereof, qualify for protection under this Order. 21

"CONFIDENTIAL" legend to each page that contains Protected Material. If only a portion or 23 portions of the material on a page qualifies for protection, the Producing Party also must clearly 24 identify the protected ...


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