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Southwest Carpenters Pension Trust v. Paramount Scaffold, Inc.

United States District Court, C.D. California, Western Division

April 12, 2017

SOUTHWEST CARPENTERS PENSION TRUST; AND ITS BOARD OF TRUSTEES, Plaintiffs,
v.
PARAMOUNT SCAFFOLD, INC., a California corporation; CALIFORNIA ACCESS SCAFFOLD, LLC, a California limited liability company, Defendants.

          MANATT, PHELPS & PHILLIPS, LLP Carl L. Grumer Attorneys for Plaintiffs SOUTHWEST CARPENTER PENSION TRUST AND ITS BOARD OF TRUSTEES.

          THE ZAPPIA LAW FIRM A Professional Corporation Edward P. Zappia John Calvagna Gail E. Wise Attorneys for Defendant CALIFORNIA ACCESS SCAFFOLD.

          AMENDED PROTECTIVE ORDER ENTERED BASED ON STIPULATION OF THE PARTIES

          GAIL J. STANDISH UNITED STATES MAGISTRATE JUDGE.

         1. A. PURPOSES AND LIMITATIONS

         Discovery in this action is 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 may 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 from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.

         B. GOOD CAUSE STATEMENT

         Plaintiffs in this action seek production of documents that are likely to involve California Access Scaffold, Inc.'s (“CAS”) trade secrets, customer, employee, and contract lists and other valuable research, development, commercial, financial, technical and/or proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted, and CAS will likewise seek production of documents that may involve Plaintiffs' confidential and/or proprietary information Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, information regarding confidential business practices, or other confidential research, development, or commercial information (including information implicating privacy rights of third parties), information otherwise generally unavailable to the public, or which may be privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice, a protective order for such information is justified in this matter. It is the intent of the parties that information will not be designated as confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record of this case.

         2. DEFINITIONS

         2.1 Action: this pending federal law suit.

         2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

         2.3 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement.

         2.4 Counsel: Counsel that has been retained to represent or advise a party to this Action (as well as their support staff).

         2.5 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY” unless such information or items are no longer designated as such or have been determined by the Court not to be subject to protection.

         2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.

         2.7 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.

         2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

         2.9 Party: any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Counsel of Record (and their support staffs).

         2.10 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action.

         2.11 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.

         2.12 Protected Material: any Disclosure or Discovery Material that is presently designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY.”

         2.13 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

         3. SCOPE

         The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

         Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial.

         4. DURATION

         The Parties agree that even after final disposition of this litigation, they with be contractually bound by the confidentiality obligations to which they have stipulated. However, the Parties understand that once a case proceeds to trial, information that was designated as confidential pursuant to this protective order used or introduced at trial becomes public and will be presumptively available to all members of the public, including the press, unless compelling reasons supported by specific factual findings to proceed otherwise, are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81. Accordingly, the terms of this protective order do not extend beyond the commencement of trial.

         Final disposition of this action shall be deemed to be the later of (1) dismissal of all claims and defenses in this Action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law.

         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 this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must 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 the case development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions.

         If it comes to a Designating Party's attention that information or items that it designated for protection do not qualify for protection that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable designation.

         5.2 Manner and Timing of Designations.

         Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be ...


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