Opinion
CASE NO.: CV10-10038 JHN(SSx)
08-25-2011
ERNESTO ESPINOSA, Plaintiff, v. ARTISTREE, INC., a corporation; MICHAELS STORES. INC., a corporation; DANA JOHNSON, an individual; and DOES 1-100, inclusive, Defendants.
Yvonne Arvanitis Fossati (SBN 161764) Kevin S. Saman (SBN 260612) JACKSON LEWIS LLP Los Angeles, California 90017-5408 Attorneys for Defendants MICHAELS STORES, INC., ARTISTREE, INC. and DANA JOHNSON LAW OFFICES OF LISA L. MAKI ATTORNEYS AT LAW Los Angeles. California 90015 Lisa L. Maki, State Bar No. 158987 Christina M. Coleman, State Bar No. 192578 Attorneys for Plaintiff ERNESTO ESPINOSA
Yvonne Arvanitis Fossati (SBN 161764)
Kevin S. Saman (SBN 260612)
JACKSON LEWIS LLP
Los Angeles, California 90017-5408
Attorneys for Defendants
MICHAELS STORES, INC., ARTISTREE,
INC. and DANA JOHNSON
LAW OFFICES OF LISA L. MAKI
ATTORNEYS AT LAW
Los Angeles. California 90015
Lisa L. Maki, State Bar No. 158987
Christina M. Coleman, State Bar No. 192578
Attorneys for Plaintiff
ERNESTO ESPINOSA
District Judge Jacqueline Nguyen
Magistrate Judge Suzanne H. Segal
DISCOVERY MATTER
[PROPOSED] PROTECTIVE ORDER
[Filed concurrently with Stipulated Protective Order]
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ERNESTO ESPINOSA, Plaintiff,
vs.
ARTISTREE, INC., a corporation;
MICHAELS STORES. INC.. a
corporation; DANA JOHNSON, an
individual; and DOES 1-100, inclusive,
Defendants.
CASE NO.: CV10-10038 JHN (SSx)
DISCOVERY MATTER
[PROPOSED] PROTECTIVE ORDER
Based upon the Stipulated Protective Order submitted by parties, and for good cause shown:
The Court hereby orders that:
A. DEFINITIONS
1. "ACTION" shall mean the above-captioned action and any appeal(s) of that action.
2. "PARTIES" shall mean all parties of record in the ACTION, including all counsel of record, their employees, contractors, representatives, and agents.
3. "DOCUMENT(S)" shall mean any document or electronically stored information — including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained either directly or after translation into a usable form -- as defined by Federal Rule of Civil Procedure 34(a)(1)(A).
4. "CONFIDENTIAL MATERIALS" shall include all DOCUMENTS produced in the course of the ACTION that:
a) contain information located in personnel files of current and former employees;
b) contain information located in medical files of current and former employees;
c) contain information located in workplace injury files of current and former employees;
d) contain information seeking the disclosure of business and financial information that is confidential, proprietary, commercially sensitive and/or a trade secret as defined by California Civil Code §3426.1 and the Restatement Torts, Section 757.
B. PROCEDURES FOR USE AND DISCLOSURE OF CONFIDENTIAL MATERIAL
5. CONFIDENTIAL MATERIAL shall be so designated by stamping copies of the document produced to a party with the legend "CONFIDENTIAL." Stamping the legend "CONFIDENTIAL" on the cover of any multipage document shall designate all pages of the document as confidential, unless otherwise indicated by the producing party.
6. Testimony taken at a deposition may be designated as confidential by making a statement to that effect on the record at the deposition or other ACTION and notifying the court reporter, if applicable, to separately transcribe the portion of the testimony or argument during which CONFIDENTIAL MATERIAL is discussed. Such portion of the deposition or hearing transcript shall be separately transcribed and stamped with the appropriate legal legend as specified in Paragraph 5, above. The transcript shall then be maintained by the witness, the court and/or outside counsel in accordance with the provisions of this Order.
7. CONFIDENTIAL MATERIAL shall be protected by the PARTIES and may only be used in a manner that is consistent with this Order, and only as necessary for the purpose of the prosecution, defense, or settlement of this ACTION and for no other purpose. CONFIDENTIAL MATERIAL shall not be used in any other lawsuit, action, or other matter. Nothing in this Order restricts the ability of any party to use or disclose its own CONFIDENTIAL MATERIAL.
8. CONFIDENTIAL MATERIAL produced under this Order may be disclosed or made available only to the Court, to counsel for a party (including the paralegal, clerical, and secretarial staff employed by such counsel), and to the "qualified persons" designated below:
a) a party, or an officer, director, or employee of a party deemed necessary bycounsel to aid in the prosecution, defense, or settlement of this ACTION;
b) experts or consultants retained by the PARTIES in this ACTION;
c) court reporters employed in this action;
d) witnesses testifying during any aspect of the ACTION or designated by he PARTIES in this ACTION; and
e) any other person as to whom both PARTIES agree in writing.
9. With the exception of the PARTIES and court personnel, to whom this Order applies, CONFIDENTIAL MATERIAL shall not be disclosed to any person or entity unless that person or entity first agrees to the terms and conditions of this Order in writing, in the form of a nondisclosure agreement (see Attachment A), or on the record in the ACTION. The disclosing party shall retain the executed nondisclosure agreement, and shall provide a copy to the PARTIES within seven days after the agreement is signed.
10. A party seeking to resolve a dispute regarding the designation of confidential information will comply with Local Rule 37.
11. A party seeking to file confidential information under seal must comply with the procedures in Local Rule 79-5. However, should Plaintiff seek to file any document produced to him by Defendants and designated as CONFIDENTIAL MATERIALS, Plaintiff's obligation to comply with Local Rule 79-5 is limited to submitting the CONFIDENTIAL MATERIALS to the Court under seal, with a completed template application in the form attached hereto as Attachment B, which Defendants have provided to Plaintiff for this purpose. Plaintiff is not required to take any additional steps to ensure any document designated by Defendants as CONFIDENTIAL MATERIALS is ordered by the Court to be filed under seal, and is in no way liable for the Court's refusal to do so.
12. CONFIDENTIAL MATERIAL filed under seal shall be labeled with a cover sheet bearing the case name and number, along with the following statement: "This document is subject to a protective order in this case and shall not be copied or examined except in compliance with that order." Documents so-labeled shall be kept under seal by the court clerk if the Court so permits.
13. All persons and entities having access to CONFIDENTIAL MATERIAL shall not make copies of the CONFIDENTIAL MATERIAL except as necessary for the ACTION, and they shall maintain control of any such copies in compliance with this Order.
14. All CONFIDENTIAL MATERIAL shall be maintained with adequate security to ensure compliance with this Order. The PARTIES shall maintain a record of the persons and entities granted access to CONFIDENTIAL MATERIAL.
15. Each person or entity having access to CONFIDENTIAL MATERIAL shall not disclose or discuss the content of the CONFIDENTIAL MATERIAL except as provided in this Order.
16. Nothing in this Order shall prevent any person or entity from accessing or using CONFIDENTIAL MATERIAL as otherwise authorized in the normal scope of their official duties.
17. Nothing in this Order shall affect the admissibility of CONFIDENTIAL MATERIAL for any use in this ACTION, including during trial.
18. In the event any person or PARTY in the ACTION receives a court order, process or subpoena seeking the disclosure of CONFIDENTIAL MATERIAL, such person or PARTY shall promptly notify each of the PARTIES through their attorneys of record, shall furnish each of the PARTIES through their attorneys of record with a copy of the court order, process or subpoena, and shall not interfere with respect to any procedure sought to be pursued by any PARTY whose interests may be affected by such disclosure. The PARTY asserting that documents or information subject to the court order, process or subpoena constitute CONFIDENTIAL MATERIAL shall have the burden of defending against such court order, process or subpoena. The PARTY receiving the court order, process, or subpoena shall, once sufficient notice to all other PARTIES has been given and the PARTIES have had a reasonable opportunity to object (but in no case less than ten (10) days after notice), be entitled to comply with it except to the extent a PARTY has filed for or succeeded in obtaining an order modifying or quashing the court order, process, or subpoena.
C. DISPOSITION OF CONFIDENTIAL MATERIAL UPON TERMINATION OF THE ACTION
19. At the conclusion of the ACTION (including appeal), all such CONFIDENTIAL MATERIAL shall be returned to the PARTY who produced it within fifteen (15) days of the final District Court or Court of Appeal dispositive order. No PARTY, expert, consultant or any other person or entity to whom such CONFIDENTIAL MATERIAL was produced shall retain any copies or any such CONFIDENTIAL MATERIAL, except that counsel for each PARTY may maintain one copy of all documents containing CONFIDENTIAL MATERIAL for the purpose of maintaining complete and accurate files of the ACTION.
20. This Order shall survive the final termination of this ACTION, to the extent that the information contained in CONFIDENTIAL MATERIAL is not or does not become known to the public.
D. MISCELLANEOUS PROVISIONS
21. The terms and conditions of this Order are without prejudice to the right of any party:
22. All DOCUMENTS produced by any PARTY during the course of the ACTION shall be used solely in connection with the ACTION. The PARTIES agree that any DOCUMENT produced during the course of the ACTION shall not be used or disseminated for any other purpose, including but not limited to, pending or future litigation in any court.
IT IS SO ORDERED.
Magistrate Suzanne H. Segal
United States District Court
4819-1956-2505, v. 1
ATTACHMENT A
Espinosa v. Artistree, Inc., et al.
United States District Court, Central District Case No. CV10-10038 JHN (SSx)
Declaration of Compliance with Stipulation
1. My name is ___. I live at ___, and I am employed as (position) ___, at ___ (name and address of employer).
2. I have read the Stipulated Protective Order that has been executed and entered as an order in this action, and a copy of it has been provided to me. I understand the provisions of this Stipulated Protective Order, and agree to comply with and to be bound by its provisions.
3. I will not reveal CONFIDENTIAL MATERIAL to anyone, except as permitted by the Stipulated Protective Order and will maintain all CONFIDENTIAL MATERIAL in a secure manner to prevent unauthorized access to it. I will use CONFIDENTIAL MATERIAL only for purposes of the above-referenced litigation.
4. Within 30 (days) days of receiving a request from any party, I will return any Restricted Information, including copies of notes thereof, to the Party or attorneys who provided me with the Information or destroy the information. However, I will not be obligated to return or destroy my work product that incorporates CONFIDENTIAL MATERIAL.
5. I hereby consent to the jurisdiction of the United States District Court, Central District Court for the sole purpose of enforcing the Stipulated Protective Order any other related orders of the Court. I declare under penalty of perjury under the laws of the United States and of the State of California that the foregoing is true and correct. Executed this ___ day of ___, 201 __, at ___, ___.
_____
(Signature)
ATTACHMENT
[INSERT FIRM NAME] Attorneys for ___
THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ERNESTO ESPINOSA, an individual, Plaintiff,
vs.
ARTISTREE, INC. a corporation;
MICHAELS STORES, INC. a corporation;
DANA JOHNSON, an individual; and
DOES 1-100, inclusive,
Defendants.
CASE NO.: CV10 10038 JHN (SSx)
Assigned to District Judge Jacqueline Nguyen and Magistrate Judge Suzanne H, Segal
APPLICATION TO FILE DOCUMENTS UNDER SEAL [L.R. 79-5.1]
Plaintiff hereby respectfully applies, pursuant to Local Rule 79-5.1 and the Protective Order in force in this case, for an Order that the ___ be filed under seal.
On ___, the parties entered and filed the Stipulation and [Proposed] Protective Order. On __, Magistrate Judge Suzanne H. Segal entered an order approving the parties' Stipulation and [Proposed] Protective Order and making it an Order of the Court.
Paragraph 11 of the Protective Order lays out the procedures for filing documents under seal, pursuant to Local Rule 79-5.
The document listed above contains information that must be handled as "Confidential" under the Protective Order. Specifically, the document contains [information located in personnel files of current and former employees] or [information located in medical files of current and former employees] or [information located in workplace injury files of current and former employees] or [information seeking the disclosure of business and financial information that is confidential, proprietary, commercially sensitive and or a trade secret as defined by California Civil Code § 3426.1 and Restatement Torts, § 757].
Plaintiff requests that the Court order the above-referenced document to be filed under seal.
[INSERT FIRM NAME]