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Turocy v. El Pollo Loco Holdings, Inc.

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

May 24, 2017

DANIEL TUROCY, et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs,
v.
EL POLLO LOCO HOLDINGS, INC., et al., Defendants.

          [PROPOSED] ORDER GOVERNING THE TREATMENT OF CONFIDENTIAL INFORMATION

          HON. KAREN E. SCOTT, UNITED STATES MAGISTRATE JUDGE

         The Court, having considered the stipulation of the parties and good cause appearing, hereby GRANTS the parties' stipulation. The Court orders as follows:

         1. INFORMATION

         As used in this Confidentiality Order (“Order”), “Information” is defined to mean: (1) documents, discovery responses, deposition transcripts, deposition videotapes and other material produced or exchanged in the course of this case; (2) any copies, notes, abstracts or summaries of material produced or exchanged in the course of this case; and (3) any pleading, motion, brief, declaration, transcript or filing containing such information. Nothing in this Order concerns the disclosure or use of Information by any producing party or non-party to its employees, officers, agents and directors if such disclosure or use is made in the ordinary course of business, unrelated to this litigation.

         2. CONFIDENTIAL INFORMATION

         Any party or non-party may designate as “CONFIDENTIAL” any Information that the party or non-party concludes in good faith contains information involving trade secrets, nonpublic confidential business or financial information or personal information subject to protection under federal law or the law of any other applicable jurisdiction. Confidential Information includes, without limitation, the addresses, telephone numbers, social security numbers and other personal identifying information of persons who are not named parties in this action. Where a piece of Information consists of more than one page, the first page and each page on which Confidential Information appears must be so designated.

         3. DESIGNATION OF INFORMATION AS CONFIDENTIAL

(a) A party or non-party producing Information may designate the Information as “CONFIDENTIAL” by so indicating on the produced document, in the relevant discovery responses, or on the record at the deposition.
(b) The entire transcript of any deposition shall be treated as if designated “CONFIDENTIAL” until 30 days after delivery of the transcript, during which period counsel for any party or non-party may designate any sections of the transcript as “CONFIDENTIAL” that were not so designated on the record at the deposition.
(c) Any Information produced during discovery shall be treated in the same manner as Information that has been designated “CONFIDENTIAL” until 30 days after production of such Information is delivered to each party. This Information is not deemed to be designated “CONFIDENTIAL, ” even though such Information is treated in the same manner as “CONFIDENTIAL” Information for 30 days.
(d) During the 30-day period, counsel for any party or non-party may affirmatively designate the Information as “CONFIDENTIAL” by stating in writing the specific pages of the Information to be so designated. If upon expiration of the 30-day period, no “CONFIDENTIAL” designation is made by any party or non-party, then such Information is no longer treated in the same manner as “CONFIDENTIAL” Information, under the terms of this Order.
(e) After any designation made according to the procedures set forth in this paragraph, the designated Information must be treated according to the designation until the matter is resolved pursuant to the procedures described in ¶6 below. Until that resolution, counsel for each party will be responsible for marking all previously unmarked copies of the designated Information in their possession or control with the specified designation.

         4. ALL INFORMATION TO BE USED ONLY FOR THIS CASE

         (a) All Information, other than Information that is publicly available, must be used by the party or parties to whom the Information is produced solely for the purpose of this case. Information produced to a party or parties, or their counsel, shall not be used by any party, or their counsel, in any other litigation, or for any purpose other than the prosecution or defense of this litigation.

         (b) In addition to ¶4(a), Confidential Information produced to a party or parties, or their counsel, in this action shall not be provided or disclosed by that party or parties, or their counsel, to any other person or entity, other than those set forth in ¶7 or ¶8 or as subsequently ordered by this Court, including, without limitation, any putative class member, other than the Lead Plaintiffs in the above-captioned litigation.

         (c) Nothing herein shall prevent any party who has received Confidential Information pursuant to this Order from producing such Confidential Information in response to a lawful subpoena or other compulsory process; provided that any party receiving such subpoena or process: (i) shall, within 7 days, give notice by telephone or email to the party who designated the Information as Confidential, and shall furnish the designating party a reasonable opportunity to seek a protective order; and (ii) if application for a protective order is made by the designating party before the return date, shall not produce such Information prior to receiving a court order or the written consent of the designating party. The party receiving a lawful subpoena or other compulsory process shall, upon receipt of the same, request that the third-party seeking Information designated Confidential under this Order, agree to a confidentiality agreement under the same terms as this Order. This obligation is solely to request agreement to confidential treatment under the same terms as this agreement and nothing further. The party receiving the Confidential Information shall have no other obligation with respect to obtaining confidential treatment of the subpoenaed information other than to inform the designating party if the request is denied. If the third-party demands changes to the terms of this Order, it shall be deemed a denial and the receiving party has met its obligations upon notice to the designating party.

         If the subpoena demands production of less than all of the Confidential Information provided by the designating party, the receiving party shall inform the designating party what Confidential Information shall be produced pursuant to the subpoena. Any disagreement by the designating party with regard to the scope of the subpoena and the documents identified by the receiving party to be produced as responsive to the subpoena must be addressed by the designating party as part of its motion for protective order. Provided that the designating party receives timely notice of the subpoena, if the designating party does not seek a protective order prior to the production date stated in the subpoena, the receiving party may produce all information called for by the subpoena. Nothing in this paragraph is intended to allow a party to disobey a lawfully issued order or subpoena.

         5. CHALLENGE ...


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