United States District Court, E.D. California
SANDRA GARYBO AND AGUSTIN VEGA, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, Plaintiffs,
v.
LEONARDO BROS., FORM UNKNOWN, GOLDEN WEST LABOR, FORM UNKNOWN, AND DOES 1 THROUGH 20, INCLUSIVE, Defendants.
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 ...