Garybo v. Leonardo Bros.

          STAN S. MALLISON (Bar No. 184191) HECTOR R. MARTINEZ (Bar No. 206336) MARCO A. PALAU (Bar. No. 242340) JOSEPH D. SUTTON (Bar No. 269951) ERIC S. TRABUCCO (Bar No. 295473) Attorneys for Plaintiffs

          MARIO MARTÍNEZ, (Bar No. 200721) MARTÍNEZ AGUILASOCHO & LYNCH, APLC Attorneys for Plaintiffs

          Anthony Raimondo (Bar No. 200387), Jasmine Shams (Bar No. 287410) Attorneys for Defendant GOLDEN WEST LABOR

          PROTECTIVE ORDER (Doc. 32)

          JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE

         Defendant GOLDEN WEST LABOR ("Defendant") and Plaintiffs SANDRA GARYBO and AGUSTIN VEGA ("Plaintiffs"), by their counsel and subject to the approval of the Court, hereby agree to the following Order regarding the protection of confidential information

         IT IS HEREBY AGREED THAT:

         Each party to this proceeding, to any mediation between the Parties, or any subsequent appeals and anyone else who may subscribe to this Agreed Protective Order ("Order”) agree as follows:

         Defendant believe that the discovery, prosecution and defense of this action may require the disclosure of certain confidential information relating to purported class members, Plaintiffs and Defendant. Plaintiffs and Defendant (hereinafter referred to as "the Parties") desire to litigate this action without jeopardizing any party's interest in the privacy and confidentiality of any such information and without litigation regarding these issues. This Order shall not apply to any information regarding Defendant’s business ownership, financial condition, tax returns, assets and liabilities, trade secrets, proprietary business information, or any similar materials. Defendant reserves the right to challenge discovery of such information.

         1. Any party that produces information that it reasonably believes to be Confidential as provided by California or Federal laws, regulations or rules of court may, at the time of production, designate such information as "Confidential, " and the information so designated shall thereafter be subject to the provisions of this Order. The protection of this Order may be invoked by any party with respect to confidential information relating to the Plaintiffs and other current and former employees of Defendant, whether (a) conveyed by or contained in a document produced or (b) stated in an answer to an interrogatory or request for admission or (c) disclosed in an oral deposition by a party or a non-party in the course of discovery in this proceeding or (d) disclosed pursuant to a voluntary agreement among counsel or (e) disclosed in the furtherance of or during the course of mediation between the Parties. In the case of documents, each page that is to be produced under this Order shall be separately marked "CONFIDENTIAL." In the case of voluminous payroll and personnel records, the producing party may collectively designate such records as Confidential, but such designation shall apply only to information described in a cover letter. In the event of any dispute over the scope of the designation, the parties shall meet and confer before presenting the dispute to the court for resolution. This provision is without prejudice to the right of either party to move for a determination from the Court that information thus designated is not Confidential. The Parties agree to meet and confer over disputes about whether or not information is Confidential before making such a motion to the Court.

         2. Each Party or non-party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. A designating Party must take care to designate for protection only those parts of material, documents, items, or 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 the ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process, or to impose unnecessary expenses and burdens on other parties), expose the designating Party to sanctions pursuant to a noticed motion. 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 initially asserted, that Party or non-party must promptly notify all other parties that it is withdrawing the mistaken designation.

         3. Any information designated "Confidential" pursuant to paragraph 1 of this Order shall not be disclosed to any person whatsoever other than the Parties and their officers and management employees, outside counsel assisting in or responsible for this proceeding and members of the legal, paralegal, secretarial and clerical staff of such counsel, other persons assisting counsel with these proceedings, counsel retained by witnesses, any mediator, the Court, jury members, persons employed as consultants for each party, experts and/or witnesses on an as needed basis only

         4. All Confidential Material shall be used only for the purpose of the proceedings in this case, including mediation, trial, hearings and any appeals, and not in any other lawsuit, claim or cause of action or for any other purposes whatsoever unless ordered by a court of competent jurisdiction

         5. All persons, except the Parties, their officers and management employees, their in-house and outside counsel, and members of the legal, paralegal, secretarial and clerical staff of such counsel, who are permitted access to Confidential Material shall be informed of its confidentiality as provided in this Order, and shall be required to sign an acknowledgment (attached as Exhibit A) agreeing to be bound by the non-disclosure provisions of this Order. All persons who are permitted access to the Confidential Material shall be bound by the terms of this Order.

         6. Any Confidential Material filed with the Court shall be filed pursuant to and consistent with the Court's rules and procedures governing the filing of private and confidential information. A determination as to when and what special procedures, if any, are necessary for handling "Confidential" documents and information subject to this Order at trial shall be deferred until a trial date has been set in this case. The Parties ...