United States District Court, C.D. California
DELAYNA GATLIN, as an individual, SANDRA GATLIN, as an individual, and on behalf of all others similarly situated, Plaintiffs,
UNITED PARCEL SERVICE, INC., an Ohio corporation; and DOES 1 through 100, Defendants.
LAW GROUP, APC, LIDMAN LAW, APC, SCOTT M. LIDMAN, Attorneys
for Plaintiffs DELAYNA GATLIN and SANDRA GATLIN
BROWN & GEIDT LLP, AMANDA BOLLIGER CRESPO Attorneys for
Defendant UNITED PARCEL SERVICE, INC.
[PROPOSED ] PROTECTIVE
Alka Sagar, United States Magistrate Judge
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
action is likely to involve the exchange of records and
information referencing or otherwise reflecting certain
business practices, internal procedures, customer
information, 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. Such protected
materials/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.
Action: The above-captioned case, Delayna
Gatlin, as an individual, Sandra Gatlin, as an individual,
and on behalf of all others similarly situated, Plaintiffs,
v. United Parcel Service, Inc., an Ohio corporation; and does
1 through 100, Defendants. (C.D. Cal. Case No.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“CONFIDENTIAL” 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: Outside Counsel of Record and House Counsel
(as well as their support staff).
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
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.
House Counsel: attorneys who are employees of a
party to this Action. House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this Action but are retained to
represent or advise a party to this Action and have appeared
in this Action on behalf of that party or are affiliated with
a law firm which has appeared on behalf of that party, and
includes support staff.
Party: any party to this Action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
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
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL.”
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, ...