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Shameka Bolton, Individually and On Behalf of All Others Similarly Situated v. U.S. Nursing Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 7, 2013

SHAMEKA BOLTON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
U.S. NURSING CORP., AND DOES 1 THROUGH 50, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Laurel Beeler

CLASS ACTION [PROPOSED] STIPULATED PROTECTIVE ORDER

2 information, corporate trade secrets or other confidential information for which special protection 3 from public disclosure and from use for any purpose other than prosecuting this litigation would 4 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the 5 following Stipulated Protective Order. The parties acknowledge that this Order does not confer 6 blanket protections on all disclosures or responses to discovery and that the protection it affords 7 extends only to the information or items that are entitled to protection as described herein. The 8 parties further acknowledge, as set forth in Section 12, infra, that this Stipulated Protective Order 9 creates no entitlement to file confidential information under seal; Civil Local Rule 79-5 sets forth 10 the procedures that must be followed and reflects the standards that will be applied when a party 11 seeks permission from the court to file material under seal. 12

26 this Order ("Designating Party") must take care to limit any such designation to information that 27 qualifies under the appropriate standards. Mass, indiscriminate, or routinized designations are 28 prohibited.

-2- [PROPOSED] STIPULATED PROTECTIVE ORDER

1. Discovery in this litigation may involve production of personal, private

DEFINITION OF "CONFIDENTIAL" INFORMATION

2. For the purposes of this Order, "Confidential Information" means

(a) Information that constitutes a "trade secret" in accordance with the Uniform Trade Secrets Act, meaning information, including a formula,

pattern, compilation, program, device, method, technique, or process that:

i. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by

proper means by, other persons who can obtain economic value from its disclosure or use; and

ii. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy;

(b) Information, materials, and/or other documents reflecting non-public business or financial strategies, and/or confidential competitive information which, if disclosed, would result in competitive harm to the disclosing party; and

(c) Information subject to federal or state privacy rights, including private consumer information.

DESIGNATING PROTECTED MATERIAL

3. Each party or non-party that designates information or items for protection under

4. If documents being produced or written discovery responses being served contain

Confidential Information, counsel for the Designating Party may identify such information or 3 documents as Confidential Information by placing or affixing on the first page of the material and 4 on each page of the material, in a manner that will not interfere with the material's legibility, the 5 word "Confidential." 6

8 deposition questions, testimony, or colloquy discloses Confidential Information, counsel for the 9

DEPOSITION TESTIMONY

5. If Confidential Information is used or marked as an exhibit in a deposition, or if Designating Party may identify such information or documents as Confidential Information by 10 informing the court reporter and counsel for the other parties of the claim of confidentiality either 11 contemporaneously on the record during the deposition or in writing within 30 days after having 12 received a copy of the deposition transcript. Transcript pages designated as containing 13

Confidential Information must be identified by the court reporter by affixing to the top or bottom 14 of each such page the legend "Confidential," as instructed by the Party or nonparty offering or 15 sponsoring the witness or presenting the testimony. All transcript pages and testimony designated 16 as Confidential shall be treated as Confidential Information, pursuant to the terms of this Order, 17 except as otherwise agreed in writing by each party claiming confidentiality or as otherwise 18 ordered by the Court. 19

21 any way communicated, orally, in writing, or otherwise, by the parties, their counsel, or any of 22 their representatives, agents, expert witnesses, or consultants, to anyone for any purpose 23 whatsoever, other than as reasonably necessary by the parties and their counsel for the preparation 24 and trial of this action. Access to Confidential Information shall be limited to those persons 25 designated below as "Qualified Persons": 26

ACCESS AND USE OF CONFIDENTIAL INFORMATION

6. Confidential Information shall not be used or shown, disseminated, copied, or in

(a) the parties and their officers, directors, employees, and agents;

(b) counsel of record for the parties and employees and agents of such counsel who are assisting such counsel in the preparation or trial of this action;

27 described in paragraph 6 subsection (e) or (i), supra, such person shall be given a copy of this 28

-4- [PROPOSED] STIPULATED PROTECTIVE ORDER

(c) the Court and the Court's employees and staff in this case, in accordance with the procedures regarding filing under seal as described herein and as set forth in Northern District of California Civil Local Rule 79-5;

(d) employees of outside copying, printing, binding, litigation support, mediators or computer input services;

(e) experts and consultants retained by the parties whose assistance is necessary for the litigation of this action, provided that, before disclosing any Confidential Information to any such person, counsel of record for the party intending to make that disclosure shall obtain from the expert or consultant a written statement, in the form of Exhibit A attached hereto, which statement shall be retained by counsel of record for the party making the disclosure;

(f) any person who is an author, addressee or intended recipient of a document containing Confidential Information, or who is identified in the document as the original source of the Confidential Information;

(g) deposition witnesses;

(h) potential lay witnesses reasonably necessary for the litigation of this matter, provided that, before disclosing any Confidential Information to any such person, counsel of record for the party intending to make that disclosure shall obtain from the expert or consultant a written statement, in the form of Exhibit A attached hereto, which statement shall be retained by counsel of record for the party making the disclosure;

(i) any other person as to whom the party that designated the document or information as "Confidential" has consented to disclosure in advance; and

(j) by Order of the Court.

7. Prior to disclosure of any material designated "Confidential" to any person Stipulated Protective Order, and shall agree in writing, in the form attached hereto as Exhibit A, to be bound by the terms of this Order and to be subject to the jurisdiction of this Court for the 2 purposes of any proceeding relating to the performance under, compliance with, or violation of 3 this Order. Counsel for each party shall maintain a list of all Qualified Persons to whom they or 4 their client have provided any Confidential Information, and that list shall be available for 5 inspection by the Court. In addition, each of the parties and their attorneys expressly stipulates to 6 be subject to the personal jurisdiction of this Court for purposes of any proceeding brought by a 7 party to this action to enforce this Order. 8

9 provided copies of or access to Confidential Information pursuant to this Order shall keep all such 10 materials and information, and any copies, notes, extracts, summaries, or descriptions of such 11 material, within their exclusive possession and control, shall treat all such copies, notes, extracts, 12 summaries, or descriptions of the Confidential Information or any portion thereof as Confidential, 13 shall take all necessary and prudent measures to maintain the confidentiality of all such materials 14 or information, and shall not disseminate such Confidential Information. 15

8. Except to the extent otherwise permitted by this Order, every Qualified Person

9. If any counsel of record distributes copies of material containing Confidential

Information to one or more Qualified Persons, all such materials, and all copies, notes, extracts, 17 summaries, or descriptions of such material, shall be returned to that counsel of record or 18 destroyed at the completion of the Qualified Person's consultation or representation in this case. 19

Counsel of record shall, upon request by opposing counsel or the Court, execute an affidavit 20 stating that to the best of counsel's knowledge all materials containing Confidential Information, 21 and all copies, notes, extracts, summaries, or descriptions of any such material, have been 22 returned or destroyed as required. If any counsel of record distributes copies of material 23 containing Confidential Information to one or more Qualified Persons, all such materials, and all 24 copies, notes, extracts, summaries, or descriptions of such material, shall be either destroyed or 25 returned to that counsel of record at the completion of the Qualified Person's consultation or 26 representation in this case. If a Qualified Person destroys such material, rather than returning it to 27 that counsel of record, the Qualified Person shall promptly provide to that counsel of record an 28 affidavit stating that all materials containing Confidential Information, and all copies, notes, extracts, summaries, or descriptions of any such material, have been destroyed. That counsel of 2 record shall, upon request by opposing counsel or the Court, provide to opposing counsel (a) an 3 affidavit stating that all materials containing Confidential Information, and all copies, notes, 4 extracts, summaries, or descriptions of any such material, have, to the best of that counsel of 5 record's knowledge, been returned or destroyed as required, and (b) all affidavits of Qualified 6

Persons who provided that counsel of record with affidavits pursuant to the provisions of this 7 paragraph. 8 9 a deposition, or in connection with briefs or other papers filed with the Court, any Confidential 10 Information. Absent an order by the Court, such use shall not expand the persons to whom such 11 documents or information may be disclosed pursuant to this Order. 12 13 discuss with the Court appropriate procedures for the use of Confidential Information. 14

16 if a party wishes to refer to information in any papers filed with the Court that has been 17 designated as "Confidential," the party submitting the materials shall proceed as follows:

10. Nothing in this Order shall prevent a party from using at trial or hearing or during

11. Prior to the use of Confidential Information at trial or a hearing, the parties will

FILING CONFIDENTIAL INFORMATION

12. If a party wishes to file with the Court a document designated as "Confidential", or

(a) If the filing party is the Designating Party and is seeking to have all or a portion of the record containing such information sealed, the party shall comply with all of the requirements of Civil L.R. 79-5(b) or (c), as applicable;

(b) If the filing party is not the Designating Party and is not seeking to have the record containing such information sealed, the party shall comply with all of the requirements of Civil L.R. 79-5(d). Any affected party or non-party who wishes to have the document sealed may then follow the appropriate procedures set forth in Civil Local Rule 79-5.

3 of dismissal, all materials containing Confidential Information shall be returned to counsel for the 4 party who produced those materials or shall be destroyed. Notwithstanding this provision, 5 counsel of record may retain one copy of each deposition transcript designated as Confidential, as 6 well as an archival copy of all pleadings, motion papers, transcripts, legal memoranda, 7 correspondence or attorney work product, even if such materials contain materials designated 8

Protected Material remain subject to this Protective Order. If material containing Confidential 10 Information is destroyed, rather than returned, counsel of record shall promptly provide to 11 opposing counsel of record written confirmation that materials containing such Confidential 12

14. After the termination of this action by entry of a final judgment or order of 14 dismissal, the provisions of this Order shall continue to be binding. The terms of this Order 15 constitute, and shall be deemed to be, an enforceable agreement between the parties (and their 16 agents and attorneys, to the extent permitted by the California Rules of Professional Conduct), 17 and the terms of this Order may be enforced by specific performance in any court of competent 18 jurisdiction. 19

20 attorneys' successors, executors, personal representatives, administrators, heirs, legal 21 representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, and 22 other persons or organizations over whom or which the parties have control. 23

25 to discovery on any ground, including the ground that information sought contains trade secrets or 26 other confidential research, development, or commercial information; nor does it constitute a 27 waiver of any party's right to challenge the confidentiality of any redaction or designation. By 28 producing documents for review and inspection, the parties do not waive any objections to

DURATION AND FINAL DISPOSITION

13. Promptly after the termination of this action by entry of a final judgment or order Confidential. Any such archival copies that contain or constitute Confidential Information 9 Information have been destroyed consistent with this Order. 13

15. This Order shall be binding on the parties, their attorneys, and the parties' and their

RIGHT TO ASSERT OTHER OBJECTIONS

16. This Order does not constitute a waiver or limitation of any party's right to object relevance for summary judgment or other purposes or to the admissibility at trial of any such 2 document or of any information contained in any such document. 3 withhold or redact information protected from disclosure by the attorney-client privilege or other 5 applicable privilege, including the work-product doctrine, or any other protection, law, or 6 regulation, or to seek appropriate protective orders respecting documents asserted to be subject to 7 any such privilege, doctrine, protection, law, or regulation. 8 one of them, or of any non-party, to assert or apply for additional or different protection. 10

for any purpose, its own information and documents. 12

17. This Order does not constitute a waiver or limitation of any party's right to

18. The entry of this Order shall be without prejudice to the rights of the parties, or any

19. Nothing in this Order shall limit any party's right to disclose to any person, or use

INADVERTENT FAILURES TO DESIGNATE

20. If a partyinadvertently produces Confidential Information without the required "Confidential" legend, the producing party shall, within five (5) business days of discovering the 15 inadvertent omission, inform the receiving party in writing of the inadvertent omission and the 16 specific material at issue. Upon receipt of such notice, the receiving party shall treat the material 17 identified in the notice as Confidential until (a) the parties agree to non-confidential treatment of 18 the subject material, or (b) the Court, on motion of either party made within ten (10) days of the 19 date of the written notice regarding inadvertent omission, issues an order addressing the 20 appropriate treatment of the subject material. A party shall not be deemed to have waived any 21 right to designate material as "Confidential" by allowing inspection of such material prior to a 22 designation of such material as "Confidential" or by inadvertently failing to mark a document as "Confidential" prior to its disclosure. 24

designated Confidential, it shall nevertheless treat the document as Confidential until either Court enters an order stating that the document shall not be treated as Confidential Information.

CHALLENGING DESIGNATIONS

21. If a party contends that any document has been erroneously or improperly (a) that party obtains from the designating party written permission to do otherwise, or (b) this

22. A party may challenge the designation of a document or other material as Confidential as follows:

(a) If a party believes that material designated by another as Confidential has not been properly so designated or should be reclassified or revealed to an individual not otherwise authorized to have access to that material under this Order, that party (the "challenging party") shall provide to the designating party written notice of that disagreement, stating the reason(s) for the challenge. During the 10-day period following service of the written challenge on the designating party (the "Meet and Confer Period"), the challenging and designating parties shall first try to dispose of such challenge in good faith on an informal basis.

(b) If neither the designation nor the objection is withdrawn during the Meet and Confer Period, the designating party shall have 20 days from the receipt of the written challenge notice to apply to the Court for an order designating the material as Confidential. The designating party bears the burden of establishing that the material is entitled to protection as Confidential Information. Any material that is designated as Confidential Information that is the subject of a challenge shall remain subject to this Protective Order until the Court rules on the designating party's motion or, if no motion is made, until the time for the designating party to bring a motion has expired.

IT IS SO STIPULATED.

Dated: January 07, 2013 CHAVEZ & GERTLER LLP 24 ANDRUS ANDERSON LLP 23 25 /s/ Dan L. Gildor 26 By: _________________________________ Dan L. Gildor 27 28 Counsel for Plaintiff and the Proposed Class Dated: January 07, 2013 PAUL HASTINGS LLP 2 /s/ Thomas E. Geidt 3 By: _________________________________ Thomas E. Geidt 4 Counsel for Defendant

IT IS SO ORDERED.

DATED:

[EXHIBIT A]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SHAMEKA BOLTON, individually and on behalf of all others similarly situated, v. U.S. Nursing Corp., and DOES 1 through 50, inclusive, Plaintiff, Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No: C 12-04466 LB CLASS ACTION AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

I, ________________________________________, declare and agree as follows: 10 1. My address is ____________________________________________________ 11 2. My present employer is ____________________________________________ .

3. I acknowledge that I may receive information or material, or both, designated as "CONFIDENTIAL" in accordance with the Protective Order ("Order") regarding treatment of 13 Confidential Information entered by the Court in the lawsuit identified in the above caption. 14

4. I have received a copy of that Order and have read it. I am familiar with its terms and conditions. I agree to comply with and to be bound by each of the terms and conditions of 15 that Order. In particular, I agree to hold in confidence, in accordance with the requirements of the Order, any information and material disclosed to me pursuant to that Order. 16

5. I understand that the Order has been issued by a court of competent jurisdiction 17 and is enforceable by the power of contempt. I understand fully that my breach of the Order, or any of its terms, may result in sanctions by the Court, contempt proceedings, or other proceedings 18 to enforce the terms of the Order. 19

6. I agree (a) to notify all stenographic, clerical, or other personnel who are required to assist me in my assigned duties of the terms of the Order, (b) to provide them with a copy of 20 this declaration for their signature, and (c) to obtain and keep the copy of this declaration after it has been properly signed. 21

7. I agree that I will not show, disseminate, or in any way communicate, orally, in 22 writing, or otherwise, to anyone, or use or copy, for any purpose whatsoever, other than as required for the preparation and trial of this action, any Confidential Information provided to me 23 in connection with this litigation, and I will not reveal any Confidential Information to any person who is not a "Qualified Person" as defined in paragraph 6 of the Order. 24

I declare under penalty of perjury under the laws of the United States of America that the 25 foregoing is true and correct and represents my understanding of my agreement to be bound to the terms of the Protective Order. Executed this __th day of _________, ______, at 26 ________________________. 27

Signed: ________________________________

20130107

© 1992-2013 VersusLaw Inc.



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