May 23, 2013
DAVID GUZMAN, Plaintiff,
SYSCO CORPORATION, a Delaware corporation, SYSCO VENTURA, INC., a Delaware corporation, and DOES 1-20, Defendants.
LOVE & ERSKINE, LLP, RICHARD A. LOVE, KATHLEEN M. ERSKINE, Los Angeles, California, Attorneys for Plaintiff DAVID GUZMAN.
LITTLER MENDELSON, P.C., LARA K. STRAUSS, JOSHUA D. LEVINE, San Diego, CA, Attorneys for Defendants SYSCO CORPORATION and SYSCO VENTURA, INC.
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER; [PROPOSED] ORDER
JAY C. GANDHI, Magistrate Judge.
Plaintiff David Guzman ("plaintiff") and defendants Sysco Corporation and Sysco Ventura, Inc. ("defendants"), by and through their respective counsel, hereby stipulate as follows:
WHEREAS, in connection with discovery in this case, the parties have sought or are likely to seek certain documents and/or information which the other party contends is private, highly confidential and/or proprietary;
WHEREAS, each party contends that the documents and/or information sought are relevant to the subject matter of this litigation or reasonably calculated to lead to the discovery of admissible evidence;
WHEREAS, the parties desire to protect the confidentiality of such documents and information and to ensure that the parties can obtain and pursue discovery with the minimum of delay and expense;
NOW, THEREFORE, it is hereby stipulated and agreed as follows:
1. Documents and information (including documents in electronic format) which are furnished to any party by any other party, or by third parties to this litigation through subpoenas duces tecum, and are marked or otherwise designated as "Confidential" (including documents that are produced, deposition transcripts and discovery responses), and any summaries or descriptions of such documents and information, (hereinafter collectively referred to as "Confidential Documents") are confidential, or are deemed by the party producing the documents or information, or to whom the documents or information pertain, to constitute or contain confidential information, and shall be used solely for the purposes of prosecuting or defending this action, and for no other reason. Documents which have been or can be marked and designated as "Confidential" by either party are:
a. Plaintiff's medical, psychological and/or psychiatric records;
b. Documents which record, reflect or otherwise document any "trade secrets, " or other competitive or private business information of defendants;
c. Documents which record, reflect or otherwise document matters which involve the privacy interests or rights of any third party, not a party to this action.
Said Confidential Documents shall not be used for any other business and/or purpose except pursuant to Paragraphs 3, 4, and 5 of this Confidentiality Agreement and Protective Order.
2. Except as provided in Paragraphs 3, 4, and 5, below, all such Confidential Documents shall be held in confidence in perpetuity and may be disclosed only to the following categories of persons:
a. Counsel of record for any party, and the employees of such counsel;
b. Parties to this litigation, including their respective officers or directors;
c. Non-party experts and consultants (including independent experts and independent consultants and their employees and clerical assistants) who are employed, retained or otherwise consulted by any counsel of record for the purpose of analyzing data, conducting studies or providing opinions to assist, in any way, in this litigation.
3. Confidential Documents produced during the course of this litigation shall not be disclosed to any person under paragraphs 2(b)(c) unless and until such person has acknowledged and agreed to be bound by the terms of this Stipulated Confidentiality Agreement and Protective Order in the form attached to this stipulation and order.
4. At least ten (10) days prior to filing any documents or confidential portions of documents designated Confidential Documents with the Court, the party proposing to file such document(s) shall contact the other party to the action and attempt to reach agreement regarding whether such document(s) should be filed under seal. If one or both parties believe that such documents should be filed with the Court only under seal, then the parties shall prepare a joint application under Local Rule 79-5, setting forth each party's position on whether an order of the Court should issue that such documents, or confidential portions thereof, be filed only under seal.
5. Confidential Documents may be used and referred to during testimony in this action and during hearings on motions, petitions and appeals in this action and during discovery, but only in a manner that will protect the confidentiality of such documents, testimony or the information contained therein in accordance with the terms of this Stipulated Confidentiality Agreement and Protective Order. Prior to any such Court proceeding, the parties may submit proposed procedures, including any related disputes, to the Court for its approval or modification.
6. Nothing in this Stipulated Confidentiality Agreement and Protective Order shall prevent any party from seeking an order of the Court determining that some or all of the Confidential Documents produced are not and do not contain confidential or private information, and therefore are not subject to the provisions of this Stipulated Confidentiality Agreement and Protective Order. If any party contends that any document marked as confidential or subject to this Protective order is not entitled to such protection, the document will nevertheless be treated as confidential until that party either (a) obtains written permission from the other party to do otherwise, or (b) obtains an order of this Court finding that the document is not a protected document. In addition, this Stipulated Confidentiality Agreement and Protective Order shall not be deemed a waiver of:
a. Any party's right to object to any discovery requests on any grounds;
b. Any party's right to seek an order compelling discovery with respect to any discovery request;
c. Any party's right to object to the admission of any evidence on any grounds in any proceeding herein; or
d. Any party's right to use his/its own documents with complete discretion.
7. All documents supplied by the parties under a claim of confidentiality and any copies made therefrom shall remain the property of the party disclosing the documents and shall be returned to the disclosing party within ninety (90) days after the conclusion of this action, unless otherwise agreed upon in writing by the parties. One archive copy of each and all documents produced as Confidential Documents by any party shall be retained by counsel for the disclosing party for a period of five (5) years after conclusion of this action. All other copies must be returned to the disclosing party at the conclusion of this litigation.
8. The treatment of privileged documents produced under a claim of privilege or work product will be as follows: See Separate Minute Order. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________.
9. This Stipulated Confidentiality Agreement and Protective Order may be modified or amended by further order of the Court for good cause shown.
10. The Court may enter the attached Protective Order requiring compliance with this Stipulated Confidentiality Agreement, and may sign such amendments to the Protective Orders as the parties stipulate in writing, or as the Court otherwise orders.
IT IS HEREBY STIPULATED:
GOOD CAUSE APPEARING THEREFORE,
IT IS HEREBY ORDERED that a protective order be and hereby is issued as set forth above pursuant to the stipulation of the parties for purposes of pre-trial proceedings; that the parties shall meet and confer prior to filing any Confidential Documents to ascertain whether one or both parties believe the Confidential Documents must be filed under seal; that, if one or both parties believes there is good cause for filing such documents under seal, an application for filing under seal shall be filed under Local Rule 79-5; that any documents ordered sealed shall be opened and reviewed only by personnel authorized by the Court and shall not be made available for public inspection; and, that at the request of counsel, the sealed documents shall be returned to the filing party at the conclusion of the pre-trial proceeding.
FOR GOOD CAUSE SHOWN, this Stipulated Confidentiality Agreement and Protective Order, in its entirety, is hereby ordered into full force and effect.
ACKNOWLEDGMENT OF PROTECTIVE ORDER AND AGREEMENT TO BE BOUND
I, _________________________________, do solemnly swear and affirm that I have been provided with a copy, and am fully familiar with the terms, of the Stipulated Protective Order in David Guzman v. Sysco Corporation, et al., United States District Court, Case No. 13-CV-00800 JCG, and hereby agree to comply with and be bound by the terms and conditions of said Order unless and until modified by the further Order of this Court. I consent to the jurisdiction of said Court and purposes of enforcing this Order.