NOEMI GARIBALDI, individually, and on behalf of all others similarly situated individual, Plaintiffs,
COMPASS GROUP USA, INC. et al. Defendants.
LAW OFFICES OF MATTHEW J. MATERN MATTHEW J. MATERN, MOLLY KORT, Attorneys for Plaintiff NOEMI GARIBALDI and all others similarly situated LITTLER MENDELSON, P.C.
NANCY E. PRITIKIN ADAM R. ROSENTHAL ANTHONY G. LY Attorneys for Defendants COMPASS GROUP USA, INC.; COMPASS ONE, LLC; & COMPASS GROUP USA INVESTMENTS, INC.
STIPULATED PROTECTIVE ORDER
ALICIA G. ROSENBERG, Magistrate Judge.
1. PURPOSE AND LIMITATIONS
1.1 Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to information or items that are entitled under the applicable legal principles to treatment as confidential.
2.1 Party: Includes Plaintiff NOEMI GARIBALDI and any other plaintiff that may be added to the litigation (collectively "Plaintiffs") and Defendants COMPASS GROUP USA, INC., EUREST SERVICES, INC., COMPASS ONE, LLC, & COMPASS GROUP USA INVESTMENTS, INC. (collectively "Defendants"), including all of their officers; directors, employees, consultants, retained experts, and outside counsel (and their support staff).
2.2 Disclosure or Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.
2.3 "Confidential" Information or Items: any type or classification of information, whether originals, copies, or in redacted form, or whether in oral deposition testimony (transcript or videotape); interrogatory responses or responses to request for admission consisting of business or financial records; documents containing trade secrets or proprietary information; personnel records; information about current, past, or prospective employees that is of a confidential or private nature, including current or former employees' residence addresses and email addresses, current or former employees' telephone numbers, and current or former employees' wage information; records or information on financial information of the parties; and any other writing as defined by the Rules of Evidence, reflecting confidential, commercial or personal information that counsel for any of the parties has in good faith designated as confidential.
2.4 "Highly confidential" - Attorneys' Eyes Only" Information or Items: extremely sensitive "Confidential Information or Items" whose disclosure to another Party or non-party would create a substantial risk of serious injury that could not be avoided by less restrictive means.
2.5 Receiving Party: a Party that receives Disclosure or Discovery material from a Producing Party.
2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action.
2.7 Designating Party: a Party or non-party that produces Disclosure or Discovery Material in this action.
2.8 Protected Material: any Disclosure or Discovery Material' that is designated as "Confidential" or as "Highly Confidential - Attorneys' Eyes Only."
2.9 Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.
2.10 House Counsel: attorneys who are employees of a Party.
2.11 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs).
2.12 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action and who is not a past or a current employee of a Party or of a competitor of a Party's and who, at the time of retention, is not anticipated to become an employee of a Party or a competitor of a Party's. This definition includes a professional jury or trial consultant retained in connection with this litigation.
2.13 Professional Vendors: Non-Experts that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium, etc.) and their employees and subcontractors.
The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by Parties or counsel to or in Court or in other settings that might reveal Protected Material.
Even after the termination 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 otherwise directs.
5. DESIGNATING PROTECTED MATERIAL
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 the Order must take care to limit any such designation to material that qualifies under the appropriate standards. If it comes to a Party's or a non-party's attention that information or items that it designated for protection do not qualify for protection at all, or do not qualify for the level of protection ...