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Joseph Velson v. American President Lines

April 10, 2013


The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge



Disclosure and discovery activity in this action are likely to involve production of 27 confidential, proprietary, or private information for which special protection from public disclosure 28 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,

PLAINTIFF JOSEPH VELSON ("Plaintiff") and DEFENDANT AMERICAN PRESIDENT LINES, LTD. ("Defendant"), jointly the "Parties", hereby stipulate to and petition the court to enter 3 the following Stipulated Protective Order. The Parties acknowledge that this Order does not confer 4 blanket protections on all disclosures or responses to discovery and that the protection it affords 5 from public disclosure and use extends only to the limited information or items that are entitled to 6 confidential treatment under the applicable legal principles. The Parties further acknowledge, as set 7 forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 8 confidential information under seal; Civil Local Rule 79-5 and General Order 62 set forth the 9 procedures that must be followed and the standards that will be applied when a party seeks 10 permission from the court to file material under seal. 11

information or items under this Order. 14 15 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of

Civil Procedure 26(c). 17

18 as their support staff). 19

20 produces in disclosures or in responses to discovery as "CONFIDENTIAL." 21

22 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 23 transcripts, and tangible things), that are produced or generated in disclosures or responses to 24 discovery in this matter. 25

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

26 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 27 consultant in this action. 28

2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel


2.1 Challenging Party: a Party or Non-Party that challenges the designation of employmentlaw

Oakland, California 94610

Lakeshore Avenue

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 well

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

2.5 Disclosure or Discovery Material: all items or information, regardless of the medium

does not include Outside Counsel of Record or any other outside counsel. 2

3 entity not named as a Party to this action. 4

5 but are retained to represent or advise a party to this action and have appeared in this action on 6 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 7

8 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 9

Material in this action. 11

photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,

storing, or retrieving data in any form or medium) and their employees and subcontractors. 14


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

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

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

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

2.12 Professional Vendors: persons or entities that provide litigation support services (e.g.,


Oakland, California 94610

Lakeshore Avenue

2.13 Protected Material: any Disclosure or Discovery Material that is designated as


Producing Party. 18

20 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 21 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 22 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 23

However, the protections conferred by this Stipulation and Order do not cover the following 24 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 25

Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 26 publication not involving a violation of this Order, including becoming part of the public record 27 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 28 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the


The protections conferred by this Stipulation and Order cover not only Protected Material (as information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 2

Protected Material at trial shall be governed by a separate agreement or order. 3


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 6 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 7 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 8 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 9 time limits for filing any motions or applications for extension of time pursuant to applicable law. 10

13 limit any such designation to specific material that qualifies under the appropriate standards. The 14

Designating Party must designate for protection only those parts of material, documents, items, or 15 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 swept unjustifiably within 17 the ambit of this Order. 18

Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown

19 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 20 encumber or retard the case development process or to impose unnecessary expenses and burdens on 21 other Parties) expose the Designating Party to sanctions. 22

If it comes to a Designating Party's attention that information or items that it designated for 23 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 24 that it is withdrawing the mistaken designation. 25

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, 26 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 27

Discovery Material that qualifies for protection under this Order must be clearly so designated 28 before the material is disclosed or produced.


5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items fo employmentlaw

Lakeshore Avenue Oakland, California 94610

r protection under this Order must take care to

3 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the 4 legend "CONFIDENTIAL" to each page that contains protected material. If only a portion or 5 portions of the material on a page qualifies for protection, the Producing Party also must clearly 6 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 7

8 need not designate them for protection until after the inspecting Party has indicated which material it 9 would like copied and produced. During the inspection and before the designation, all of the material 10 made available for inspection shall be deemed "CONFIDENTIAL." After the inspecting Party has 11 identified the documents it wants copied and produced, the Producing Party must determine which

Designation in conformity with this Order requires:

(a) for information in documentary form (e.g., paper or electronic ...

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