United States District Court, C.D. California, Western Division
SOUTHWEST CARPENTERS PENSION TRUST; AND ITS BOARD OF TRUSTEES, Plaintiffs,
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.
ZAPPIA LAW FIRM A Professional Corporation Edward P. Zappia
John Calvagna Gail E. Wise Attorneys for Defendant CALIFORNIA
AMENDED PROTECTIVE ORDER ENTERED BASED ON STIPULATION
OF THE PARTIES
J. STANDISH UNITED STATES MAGISTRATE JUDGE.
A. PURPOSES AND LIMITATIONS
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.
GOOD CAUSE STATEMENT
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
Action: this pending federal law suit.
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
“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.
Counsel: Counsel that has been retained to represent or
advise a party to this Action (as well as their support
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
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.
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.
Non-Party: any natural person, partnership, corporation,
association, or other legal entity not named as a Party to
Party: any party to this Action, including all of its
officers, directors, employees, consultants, retained
experts, and Counsel of Record (and their support staffs).
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
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.
Protected Material: any Disclosure or Discovery Material that
is presently designated as “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY.”
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
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
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.
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.
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.
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material
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.
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
Manner and Timing of Designations.
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 ...