Opinion
Case No.: 3:11-cv- 00707-HDM-VPC
11-14-2012
Anna Y. Park, CA SBN 164242 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Elizabeth A. Naccarato NV SBN 11221 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Nancy Rader Whitehead, CA SBN 107332 Scott & Whitehead Attorneys for Defendant Engineering Documentation Systems, Inc.
Anna Y. Park, CA SBN 164242
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Elizabeth A. Naccarato NV SBN 11221
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Nancy Rader Whitehead, CA SBN 107332
Scott & Whitehead
Attorneys for Defendant
Engineering Documentation Systems, Inc.
STIPULATED PROTECTIVE ORDER
The Honorable Valerie P. Cooke
United States Magistrate Judge
In order to protect the confidentiality of confidential information obtained by the parties in connection with this case, the parties, by their counsel undersigned, hereby stipulate and agree as follows:
1. Any party or non-party may designate as "confidential" (by stamping the relevant page or as other otherwise set forth herein) any document or response to discovery which that party or non-party considers in good faith to contain information involving trade secrets, or confidential business or financial information, or confidential or private information, subject to protection under the Federal Rules of Civil Procedure or Nevada law ("Confidential Information"). Where a document or response consists of more than one page, the first page and each page on which confidential information appears shall be so designated.
2. A party or non-party may designate information disclosed during a deposition or in response to written discovery as "confidential" by so indicating in said response or on the record at the deposition and requesting the preparation of a separate transcript of such material. Additionally a party or non-party may designate in writing, within twenty (20) days after receipt of said responses or of the deposition transcript for which the designation is proposed, that specific pages of the transcript and/or specific responses be treated as Confidential Information. Any other party may object to such proposal, in writing or on the record. Upon such objection, the parties shall follow the procedures described in paragraph 8 below. After any designation made according to the procedure set forth in this paragraph, the designated documents or information shall be treated according to the designation until the matter is resolved according to the procedures described in paragraph 8 below, and counsel for all parties shall be responsible for making all previously unmarked copies of the designated material in their possession or control with the specified designation.
3. All information produced or exchanged in the course of this case (other than information that is publicly available) shall be used by the party or parties to whom the information is produced solely for the purpose of this case.
4. Except with the prior written consent of other parties, or upon prior order of this Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to any person other than:
(a) counsel for the respective parties to this litigation, including in-house counsel and co-counsel retained for this litigation;
(b) employees of such counsel;
(c) individual defendants, class representatives, any officer or employee of a party, to the extent deemed necessary by Counsel for the prosecution or defense of this litigation;
(d) consultants or expert witnesses retained for the prosecution or defense of this litigation, provided that each such person shall execute a copy of the Certification annexed to this Order as Exhibit "A" (which shall be retained by counsel to the party so disclosing the Confidential Information and made available for inspection by opposing counsel during the pendency or after the termination of the action only upon good cause shown and upon order of the Court) before being shown or given any Confidential Information and provided that if the party chooses a consultant or expert employed by Engineering Documentation Systems, Inc. or one of its competitors, the party shall notify the opposing party or designating nonparty, before disclosing any Confidential Information to that individual and shall give the opposing party an opportunity to move for a protective order preventing or limiting such disclosure;
(e) any authors or recipients of the Confidential Information;
(f) the Court, Court personnel, and court reporters; and
(g) witnesses (other than persons described in paragraph 4(e)).
A witness shall sign the Certification before being shown a confidential document. Confidential Information may be disclosed to a witness who will not sign the Certification only in a deposition at which the party who designated the Confidential Information is represented or has been given notice that Confidential Information shall be designated "Confidential" pursuant to paragraph 2 above. Witnesses shown Confidential Information shall not be allowed to retain copies.
5. Any persons receiving Confidential Information shall not reveal or discuss such information to or with any person who is not entitled to receive such information, except as set forth herein.
6. No party or non-party shall file or submit for filing as part of the court record any documents under seal without first obtaining leave of court. Notwithstanding any agreement among the parties, the party seeking to file a paper under seal bears the burden of overcoming the presumption in favor of public access to papers filed in court.
7. A party may designate as "Confidential" documents or discovery materials produced by a nonparty by providing written notice to all parties of the relevant document numbers or other identification within thirty (30) days after receiving such documents or discovery materials. Any party or non-party may voluntarily disclose to others without restriction any information designated by that party or nonparty as confidential, although a document may lose its confidential status if it is made public.
8. If a party contends that any material is not entitled to confidential treatment, such party may at any time give written notice to the party or non-party who designated the material. The party or nonparty who designated the material shall have thirty (30) days from the receipt of such written notice to apply to the Court for an order designating the material as confidential. The party or non-party seeking the order has the burden of establishing that the document is entitled to protection.
9. Notwithstanding any challenge to the designation of material as Confidential Information, all documents shall be treated as such and shall be subject to the provisions hereof unless and until one of the following occurs:
(a) the party or non-party claims that the material is Confidential Information withdraws such designation in writing; or
(b) the party or non-party who claims that the material is Confidential Information fails to apply to the Court for an order designating the material confidential within the time period specified above after receipt of a written challenge to such designation; or
(c) the Court rules the material is not confidential.
10. All provisions of this Order restricting the communication or use of Confidential Information shall continue to be binding after the conclusion of this action, unless otherwise agreed or ordered. Upon conclusion of the litigation, a party in the possession of Confidential Information, other than that which is contained in pleadings, correspondence, and deposition transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion of this action to counsel for the party or nonparty who provided such information, or (b) destroy such documents within the time period upon consent of the party who provided the information and certify in writing within thirty (30) days that the documents have been destroyed.
11. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use of documents at trial.
12. Nothing herein shall be deemed to waive any applicable privilege or work product protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material protected by privilege or work product protection.
13. Any witness or other person, firm or entity from which discovery is sought may be informed of and may obtain the protection of this Order by written advice to the parties' respective counsel or by oral advice at the time of any deposition or similar proceeding.
Respectfully submitted,
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
By: _____________________
Elizabeth A. Naccarato
EEOC Trial Attorney
By: _____________________
Nancy Rader Whitehead
Scott & Whitehead
Attorneys for Defendant
IT IS SO ORDERED
________________________
U.S. MAGISTRATE JUDGE
Exhibit "A"
CERTIFICATION
I hereby certify my understanding that Confidential Information is being provided to me pursuant to the terms and restrictions of the Protective Order dated ____________, in U. S. Equal Employment Opportunity Commission vs. Engineering Documentation Systems, Inc. Civil No.33:11-cv-00707-HDM-VPC. I have been given a copy of that Order and read it. 1 agree to be bound by the Order. I will not reveal the Confidential Information to anyone, except as allowed by the Order. I will maintain all such Confidential Information - including copies, notes, or other transcriptions made therefrom - in a secure manner to prevent unauthorized access to it. No later than thirty (30) days after the conclusion of this action, I will return the Confidential Information — including copies, notes or other transcriptions made therefrom - to the counsel who provided me with the Confidential Information. I hereby consent to the jurisdiction of the United States District Court for the purpose of enforcing the Protective Order.
________________________
(Printed Name)
DECLARATION OF CM/ECF SERVICE
I am, and was at the time the herein mentioned delivery took place, a citizen of the United States, over the age of eighteen (18) years and not a party to the above-entitled cause.
I am employed in the Litigation Unit of the Las Vegas Local Office of the United States Equal Employment Opportunity Commission. My business address is Equal Employment Opportunity Commission, 333 Las Vegas Blvd. Ste. 8112 Las Vegas, Nevada 89101.
On the date that this declaration was executed, as shown below, the following individuals were served the foregoing STIPULATED PROTECTIVE ORDER FOR CONFIDENTIAL DOCUMENTS via the Court's CM/ECF electronic filing service as follows:
Nancy Rader Whitehead
SCOTT & WHITEHAD
1301 Dove Street
Suite 1000
Newport Beach, California 92660
Telephone: (949) 222-0166
Facsimile: (949)222-0113
E-Mail Address: nwhitehead@employerlaw.com
I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 14, 2012 in Las Vegas, Nevada.
Elizabeth A. Naccarato