United States District Court, C.D. California
GAVIN BUSH, an individual and citizen of New Zealand, Plaintiff,
v.
MARRIOTT VACATIONS WORLDWIDE CORPORATION Doing Business As - MARRIOTT VACATIONS WORLDWIDE, MARRIOTT VACATION CLUB, MARRIOTT VACATION CLUB INTERNATIONAL, and MARRIOTT SHADOW RIDGE - PALM DESERT RESORT, a Delaware Corporation; MARRIOTT RESORTS HOSPITALITY CORPORATION, a South Carolina Corporation; and BOBBY BALDWIN, an individual, Defendants.
ULWELLING | SIDDIQUI LLP OMAR A. SIDDIQUI JONATHAN C.
HATFIELD BRITTANY A. ORTIZ Attorneys for Plaintiff Gavin Bush
WOLFE
& WYMAN LLP ERIC T. LAMHOFER Attorney for Defendants
Marriott Vacations Worldwide Corporation and Marriott Resorts
Hospitality Corporation
Judge:
Hon. Andre Birotte, Jr.
[PROPOSED] PROTECTIVE ORDER
GOVERNING DISCLOSURE OF CONFIDENTIAL INFORMATION
Honorable Kenly Kiya Kato United States Magistrate Judge
WHEREAS,
Plaintiff GAVIN BUSH (“BUSH”) and Defendants
MARRIOTT VACATIONS WORLDWIDE CORPORATION (DOING BUSINESS AS -
MARRIOTT VACATIONS WORLDWIDE, MARRIOTT VACATION CLUB,
MARRIOTT VACATION CLUB INTERNATIONAL, AND MARRIOTT SHADOW
RIDGE - PALM DESERT RESORT), MARRIOTT RESORTS HOSPITALITY
CORPORATION (“MARRIOTT”), (all of the above
being, collectively, the “Parties) believe that in the
course of this action certain information, documents, and
testimony likely to be disclosed and produced through
discovery may constitute or incorporate confidential medical,
psychiatric and health related information and records within
the meaning of Federal Rule of Civil Procedure 26(c); and
WHEREAS, the Parties believe that entry of a protective order
pursuant to Federal Rule of Civil Procedure 26(c) would best
protect their interests while facilitating discovery in this
action; and WHEREAS, the Court finds good cause exists for
the entry of this Protective Order in this action pursuant to
Federal Rule of Civil Procedure 26(c) in order to protect
confidential medical, psychiatric and health related
information and records.
IT IS
HEREBY ORDERED, pursuant to Federal Rule of Civil Procedure
26(c), that this Protective Order shall govern the treatment
and handling of any information produced or disclosed by any
Party or non-Party (“the Producing Party”) to
this action, including without limitation, Rule 26
disclosures, documents, depositions, deposition exhibits,
interrogatory responses, responses to requests for admission,
and testimony (such information and/or documents shall
hereinafter be referred to as “Confidential
Material”) provided it is designated (or, within the
appropriate time limitation, is pending designation) as being
Confidential Material as required by this Protective Order.
ANY USE OF CONFIDENTIAL MATERIAL AT TRIAL OR OTHER COURT
HEARINGS OR PROCEEDINGS SHALL BE GOVERNED BY THE ORDERS OF
THE TRIAL JUDGE.
It is
further ordered that:
1. Any
Producing Party may designate any Confidential Material as
“CONFIDENTIAL” if such producing party in good
faith believes that such Confidential Material contains
confidential or proprietary information, including
information in written, oral, electronic, graphic, pictorial,
audiovisual, or other form, whether it is a document,
information contained in a document, item produced for
inspection, information revealed during a deposition,
information revealed in an interrogatory answer, or
otherwise.
2. Any
Producing Party may designate any Confidential Material as
“CONFIDENTIAL-ATTORNEYS’ EYES ONLY” if such
producing party in good faith believes that such Confidential
Material contains confidential, sensitive, and private
medical, psychiatric and health related information and
records of the Producing Party, including, without
limitation, records and reports from treating physicians,
psychiatrists, psychologists, therapists, and expert
witnesses or any other information of such sensitivity to
warrant “Confidential-Attorneys’ Eyes Only”
treatment, including, information in written, oral,
electronic, graphic, pictorial, audiovisual, or other form,
whether it is a document, information contained in a
document, item produced for inspection, information revealed
during a deposition, information revealed in an interrogatory
answer, or otherwise.
3. A
Producing Party may designate any document or other tangible
information or thing as “Confidential” or
“Confidential-Attorneys’ Eyes Only” by
stamping a conspicuous place thereof with the legend
CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS’ EYES ONLY,
respectively. For example, in the case of a document, a
producing party may so mark the first page of a multipage
document and each page thereafter that actually contains
Confidential Material. In the case of other tangible items, a
producing party may so mark any appropriate location. For
example, in the case of a computer disk, a producing party
may so mark the disk cover.
4. The
terms of this Protective Order are applicable to Confidential
Material produced by a non-party and designated
“CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS
EYES ONLY” only when the producing non-party has a
proprietary interest or other right in such Confidential
Material, or where the producing non-party is contractually
obligated to maintain the confidentiality of such
Confidential Material. A producing party may designate
documents, information, or things disclosed at a deposition
of a producing party or one of its present or former
officers, directors, employees, agents, or independent
experts retained for purposes of this litigation as
“Confidential” or “Confidential-
Attorneys’ Eyes Only” on the record during the
deposition; or by notifying all parties in writing of the
specific item so designated, within twenty one (21) days of
receiving a copy of the deposition transcript, of the
specific exhibits or lines and pages of the transcript that
are believed in good faith to contain Confidential Material.
a. If a producing party designates such materials as
“Confidential” or
“Confidential-Attorneys’ Eyes Only” on the
record, the court reporter shall indicate on the cover page
of the transcript that the transcript includes Confidential
or Confidential-Attorneys’ Eyes Only information, shall
list the pages and lines numbers and/or exhibits of the
transcript on or in which such information is contained, and
shall bind the transcript in separate portions containing
Confidential, Confidential-Attorneys’ Eyes Only, and
non-Confidential material. Further, during the period in
which such Confidential or Confidential-Attorneys’ Eyes
Only information is discussed during the deposition, any
person present during the deposition who is not a Qualified
Person, as defined below, or the court reporter, shall be
excluded from that portion of the deposition.
b. A deposition transcript and the exhibits thereto shall be
presumed Confidential-Attorneys’ Eyes Only in their
entirety until twenty one (21) days after receipt of the
transcript by the producing party. If, after the deposition
is taken, the producing party designates any portion of the
deposition transcript or exhibits as
“Confidential” or “Confidential-
Attorneys’ Eyes Only” by giving written notice as
described above, all persons receiving notice of such
designation shall affix the same to the face of their copy or
copies of the transcript. At the expiration of the twenty one
(21) day period, the transcript and exhibits shall
automatically revert to non-Confidential status, except those
portions that have been designated on the record or in
writing as “Confidential” or
“Confidential-Attorneys’ Eyes Only.”
Nothing in this paragraph is intended to restrict any
Party’s right to attend depositions pursuant to
paragraph 7 hereof.
c. A non-producing party may designate documents,
information, or things disclosed at a deposition as
“Confidential” or “Confidential-
Attorneys’ Eyes Only” in the same manner as a
producing party if it has a good faith basis for claiming a
proprietary interest or other right in the Confidential
Material.
5.
Material designated as confidential under this Protective
Order, the information contained therein, and any summaries,
copies, abstracts, or other documents derived in whole or in
part from material designated as confidential (hereinafter
“Confidential Material”) shall be used only for
the purpose of the prosecution, defense, or settlement of
this action, and for no other purpose, except that a Party
may seek permission from another court to use Confidential
Material produced under this Protective Order provided said
Party gives advance notice to the parties whose materials are
sought to be used and provided no disclosure of such
Confidential Material is made until such other court grants
the request for permission. The restrictions contained in
this paragraph No. 5 may be modified by written agreement of
the parties, but such modifications will not be considered
part of this order unless approved by the Court. Nothing in
this paragraph shall operate to bar motions in limine or
similar motion to exclude the use of any document in any
action between the Parties on any appropriate and available
basis.
6.
Confidential Material produced pursuant to this Protective
Order may be disclosed or made available only to the Court;
Court personnel, including the Court’s court reporters;
any mediator or settlement officer, and their supporting
personnel, mutually agreed upon by any of the parties engaged
in settlement discussions; to counsel for a Party (including
the paralegal, clerical, ...