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Garcia v. Nexeo Solutions, LLC

United States District Court, C.D. California

November 6, 2019

ALEXANDER GARCIA, an individual, Plaintiff,
NEXEO SOLUTIONS, LLC; and DOES 1 through 50, inclusive, Defendants.

          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


         Discovery 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.


         The 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 432.7.

         Accordingly, 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.

         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 lawsuit Case No. 2:19-cv-07377-DSF-AS
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 this action.
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 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 designated as “CONFIDENTIAL.” 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 ...

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