Opinion
Case No.: 1:10-CV-01492-LJO-JLT
09-19-2011
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and DOUGLAS ABDON, DAVID AGBAYANI, PACITA AGUSTIN, MANUELA ANINION, MELCHOR APOSTOL, ANGELITA BALIGAD, NENA BALLESTEROS, FERDINAND BARACEROS, MARIA BUSTO, BELEN CABBAB MICHELLE CABBAB, FELY CACAL, NORMI CACAL, ERLINDA CAMOTUYA, ESTHER CASABAR, NORA CASIMIRO, ELNORA CAYME, GINA CORREA, ARMELIZA DELA CRUZ, ESTER DELOS SANTOS, HILDA DUCUSIN, AIDA ESTRELLA, FLORENTINA FAILANO, EDUARDO FRIAL, CONSOLACION GALAFTE, JOVENA GALLEGOS, LUZ GALLEGOS, TOMASA GUMALLAOI, MELINDA INTOC, CALIXTO LAMUG, WILMA LAMUG, ANIELYN MANALASTAS, ROME MANALASTAS, MARIBELLE MANANKIL, SOL MANAOIS, ELIZABETH MATIAS, CRISTINA NELMIDA, NELSON NISPEROS, VENUS PAGSUBERON, PRISCILLA PENALOSA, EVANGELINE PICATO, JOSE PIRA, FEDERICO QUINIONES, NANNETTE QUINO, TERESITA RAFANAN, MELANIE REFUERZO, MARILOU RIOLA, MARIA TERESA SOLANO, NECITA TABAJONDA, MYRNA TORRES, ELENA VILLAMOR, AND ROMEO VILLAMOR. Plaintiff-Intervenors v. CENTRAL CALIFORNIA FOR HEALTH d/b/a DELANO REGIONAL MEDICAL CENTER; AND DELANO HEALTH ASSOCIATES, INC., and DOES 1 through 15, inclusive, Defendants.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Peter F. Laura Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ASIAN PACIFIC AMERICAN LEGAL CENTER Carmina Ocampo Attorneys for Plaintiffs-In- Intervention DOUGLAS ABDON, et.al. CLIFFORD & BROWN Robert D. Harding Attorneys for Defendant CENTRAL CALIFORNIA FOUNDATION FOR HEALTH d/b/a DELANO REGIONAL MEDICAL CENTER
Anna Y. Park, SBN 164242
Derek Li, SBN 150122
Peter Laura, SBN 116426
Rumie Vuong, SBN 249152
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
STIPULATION AND PROTECTIVE
ORDER REGARDING
"CONFIDENTIAL" INFORMATION OR
DOCUMENTS
STIPULATION
Plaintiff United States Equal Employment Opportunity Commission ("EEOC" or "Plaintiff"), Plaintiffs'-In-Intervention, and Defendants Central California For Health and Delano Health Associates, Inc. ("Defendants"), through their respective counsel of record, hereby stipulate as follows pursuant to Fed. R. Civ. P. 26(c) as follows:
1. Confidential Information
For the purposes of this protective order, "confidential" information is information and documents which reveal the following information about Defendants' current or former employees: (1) social security number; (2) current address and telephone number; (3) individual compensation information; (4) employee performance reviews and appraisals; (5) employment applications; and (6) information regarding discipline of employees.
2. Use of Confidential Information and Documents
a. The parties agree that "confidential" information and documents containing "confidential" information shall only be used for a purpose related to the prosecution and/or defense of the litigation of this action. The only individuals entitled to review such documents produced shall be counsel for the parties and members of counsel's staff; any consultants retained by any party's counsel, the Court and Court staff; and any experts retained by any party's counsel. With respect to employee disciplinary matters and performance apprials appraisals and reviews, a person who was the subject of the employee discipline or performance appraisal, and those who were the authors of a document, and those who edited or the editors/reviewers of such a documents, may be shown a copy of such the document. With regard to witnesses or whose those who provided statements for purposes of employee disciplinary matters, such individuals shall be permitted to review their won own statement, or summaries of their statements and observations, if authored by another person. There shall be no disclosure of privileged documents or confidential information to any Charging Party who is covered within this action, or shall there be any disclosure to any Plaintiff in Intervention, except as set forth here.
b. To the extent that "confidential" information or documents containing "confidential" information are used in connection with pleadings filed with the Court, then such "confidential" information they shall be redacted in accordance with Fed. R. Civ. P. 5.2 and Local Rule 140. Should a party seek to file a "confidential document" or record containing "confidential information," the party SHALL comply with Local Rules141 and 141.2.
3. The parties enter into this stipulated Protective Order without prejudice to any party's right to object to the disclosure of any information on any ground that it may deem appropriate, and any party or non-party may, upon motion, seek relief from, or modification of this Protective Order on a showing of good cause.
4. If any party discovers that any confidential document or confidential information subject to this protective order is improperly disclosed to any person other than in the manner authorized by this Protective Order, the party making such discovery shall immediately inform the other parties of all pertinent facts relating to such disclosure, including the name and address of each person to whom disclosure was made, and shall make reasonable efforts to prevent disclosure by said authorized person(s).
5. All parties agree that prior to commencement of trial they will in good faith attempt to enter into mutually agreeable stipulations and protective orders with respect to any confidential information and confidential documents which are subject to this protective order where there is desire on the party of a party to have such information disclosed during trial. Any unresolved disputes shall be resolved in accordance with the applicable Federal Rules of Civil Procedure, and Federal Rules of Evidence and/or the Court's pretrial order. Any party intending to utilize any confidential information or documents subject to this protective order in a law and motion matter or at trial SHALL comply with Local Rules 141 and 141.2.
6. All parties to this Protective Order have had an opportunity to participate in drafting this Order.
7. Nothing in this Order should be construed to prohibit the EEOC from disclosing the information if required by Congress or other governmental entities or to interfere with EEOC's statutory law enforcement and investigative activities.
IT IS SO STIPULATED:
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Peter F. Laura
Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
ASIAN PACIFIC AMERICAN
LEGAL CENTER
Carmina Ocampo
Attorneys for Plaintiffs-In- Intervention
DOUGLAS ABDON, et.al.
CLIFFORD & BROWN
Robert D. Harding
Attorneys for Defendant
CENTRAL CALIFORNIA FOUNDATION FOR
HEALTH d/b/a DELANO REGIONAL MEDICAL
CENTER
PROTECTIVE ORDER
FOR GOOD CAUSE SHOWN, the Court ORDERS the protective order submitted by the parties and as modified by the Court, into effect.
IT IS SO ORDERED.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE