United States District Court, C.D. California
Attorneys for Plaintiff, Alexander Garcia LARA AND LUNA, APC
Edward Lara, Linda Luna Lara, Jessica Gomez
Attorneys for Defendant, Nexeo Solutions, LLC LITTLER
MENDELSON P.C. Craig Staub, David Maoz
Honorable Alka Sagar United States Magistrate Judge
PURPOSES AND LIMITATIONS
in this action is likely to involve production of
confidential and 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
court may, for good cause, issue an order to protect a party
or person from annoyance, embarrassment, oppression, or undue
burden or expense . . . Fed. R. Civ. Proc. 26(c)(1). This
matter arises from a wrongful termination based on the an
arrest without a conviction, under California Labor Code
this action is likely to involve highly private information
including Plaintiffs arrest records, his related criminal
files, his driver's license information, related
documents and communications from the Department of Motor
Vehicles, as well as plaintiff's personnel file.
Additionally, it is expected that documents may also contain
information implicating privacy rights of third parties of
Defendant's current and former employees including their
personnel files, arrest and conviction information,
addresses, telephone numbers, and other private contact
information. In order to protect the parties from
embarrassment and oppression as a result of those records,
the parties seek a stipulated protective order. The
information is 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.
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.
2.1 Action: This pending federal lawsuit Case No.
2.2 Challenging Party: a Party or Non-Party that challenges
the designation of information or items under this Order.
2.3 “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.
2.4 Counsel: the parties' Counsel of record 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.”
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
2.9 Party: any party to this Action, including all of its
officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
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 designated as “CONFIDENTIAL.” 2.13
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 ...