The opinion
1||SAWYER & LABAR LLP
IVO LABAR, State Bar No. 203492
labar@sawyerlabar.com
ADRIAN SAWYER State Bar No. 203712
3 5 pwyer@ sawyerlabar, com
ission Street, 22"° Floor
|| San Francisco, California 94105 NOTE: CHANGES MADE BY THE COURT
Telephone: 415.262.3820
5
Attorneys for Defendants
6 MENASHA PACKAGING COMPANY,
LLC and MENASHA CORPORATION
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
10
11 |} LEONARD ENRIQUEZ, on behalf of Case No. 2:19-cv-8104-DSF (JPRx)
himself and all others similarly situated,
12 STIPULATED PROTECTIVE
Plaintiffs, ORDER
1
Vv.
14
MENASHA PACKAGING
COMPANY, LLC, a Wisconsin limited
lability company. MENASHA
CORPORATION, a Wisconsin
8 corporation; and DOES | through 100,
17 || inclusive,
18 Defendants.
19
20
21
22
23
24
25
26
27
28
1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 || proprietary, or private information for which special protection from public
4 || disclosure and from use for any purpose other than prosecuting this litigation may
5 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 || enter the following Stipulated Protective Order. The parties acknowledge that this
7 || Order does not confer blanket protections on all disclosures or responses to
8 || discovery and that the protection it affords from public disclosure and use extends
9 || only to the limited information or items that are entitled to confidential treatment
10 |) under the applicable legal principles. The parties further acknowledge, as set forth in
11 ||Section 12.3, below, that this Stipulated Protective Order does not entitle them to
12 || file confidential information under seal; Civil Local Rule 79-5 sets forth the
3. 13]|procedures that must be followed and the standards that will be applied when a party
14 || seeks permission from the court to file material under seal.
B. GOOD CAUSE STATEMENT
ge 16 As a putative employment class action, this action is likely to involve
17 || confidential information regarding personnel and their compensation and
18 || confidential business information regarding operations at defendants’ facilities in
19 || California. Special protection of this information from public disclosure and from
20 || use for any purpose other than prosecution of this action is warranted, both to
21 || protect individuals’ rights to privacy and to protect Defendants’ interest in the
22 || confidentiality of certain aspects of their business operations, including but not
23 || limited to staffing, output, operations and logistics, and strategy employed at their
24 || facilities, which information would be of interest to Defendant’s competitors.
25 || Accordingly, to expedite the flow of information, to facilitate the prompt resolution
26 || of disputes over confidentiality of discovery materials, to adequately protect
27 || information the parties are entitled to keep confidential, to ensure that the parties are
28 || permitted reasonable necessary uses of such material in preparation for and in the
1 || conduct of trial, to address their handling at the end of the litigation, and serve the
2 || ends of justice, a protective order for such information 1s justified in this matter. It is
3 || the intent of the parties that information will not be designated as confidential for
4 || tactical reasons and that nothing be so designated without a good faith belief that it
5 || has been maintained in a confidential, non-public manner, and there is good cause
6 || why it should not be part of the public record of this case.
7|/2. DEFINITIONS
8 2.1 Action: this pending federal law suit.
9 2.2 Challenging Party: a Party or Non-Party that challenges the designation
10 || of information or items under this Order.
11 2.3. CONFIDENTIAL” Information or Items: information (regardless of
12 || how it is generated, stored or maintained) or tangible things that qualify for
3 as 13 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in
14 || the Good Cause Statement.
15 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
their support staff).
17 2.5 Designating Party: a Party or Non-Party that designates information or
18 || items that 1t produces in disclosures or in responses to discovery as
19 || “CONFIDENTIAL.”
20 2.6 Disclosure or Discovery Material: all items or information, regardless
21 || of the medium or manner in which it is generated, stored, or maintained (including,
22 ||among other things, testimony, transcripts, and tangible things), that are produced or
23 || generated in disclosures or responses to discovery in this matter.
24 2.7. Expert: a person with specialized knowledge or experience in a matter
25 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
26 || an expert witness or as a consultant in this Action.
27
28
l 2.8 House Counsel: attorneys who are employees of a party to this Action.
2 || House Counsel does not include Outside Counsel of Record or any other outside
3 || counsel.
4 2.9 Non-Party: any natural person, partnership, corporation, association, or
5 || other legal entity not named as a Party to this action.
6 2.10 Qutside Counsel of Record: attorneys who are not employees ofa
7 || party to this Action but are retained to represent or advise a party to this Action and
8 || have appeared in this Action on behalf of that party or are affiliated with a law firm
9 || which has appeared on behalf of that party, and includes support staff.
10 2.11 Party: any party to this Action, including all of its officers, directors,
11 ||employees, consultants, retained experts, and Outside Counsel of Record (and their
12 || support staffs).
3. 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
14 || Discovery Material in this Action.
15 2.13 Professional Vendors: persons or entities that provide litigation support
ge 16 || services (e.g., photocopying, videotaping, translating, preparing exhibits or
17 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
18 || and their employees and subcontractors.
19 2.14 Protected Material: any Disclosure or Discovery Material that is
20 || designated as “CONFIDENTIAL.”
21 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
22 || from a Producing Party.
23 3. SCOPE
24 The protections conferred by this Stipulation and Order cover not only
25 || Protected Material (as defined above), but also(1) any information copied or
26 || Extracted from Protected Material; (2) all copies, excerpts, summaries, or
27 || compilations of Protected Material; and (3) any testimony, conversations, or
28 || presentations by Parties or their Counsel that might reveal Protected Material.
l Any use of Protected Material at trial shall be governed by the orders of the
2 || trial judge. This Order does not govern the use of Protected Material at trial.
31/4. DURATION
4 Even after final disposition of this litigation, the confidentiality obligations
5 ||imposed by this Order shall remain in effect until a Designating Party agrees
6 || otherwise in writing or a court order otherwise directs. Final disposition shall be
7 || deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
8 || or without prejudice; and (2) final judgment herein after the completion and
9 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
10 || including the time limits for filing any motions or applications for extension of time
11 || pursuant to applicable law.
12]|5. DESIGNATING PROTECTED MATERIAL
3 1 5.1 Each Party or Nonparty that designates information or items for
14 || protection under this Order must take care to limit any such designation to specific
15 || material that qualifies under the appropriate standards. The Designating Party must
ge 16 || designate for protection only those parts of material, documents, items, or oral or
17 || written communications that qualify so that other portions of the material,
18 || documents, items, or communications for which protection is not warranted are not
19 ||swept unjustifiably within the ambit of this Order.
20 Mass, indiscriminate, or routinized designations are prohibited. Designations
21 || that are shown to be clearly unjustified or that have been made for an improper
22 || purpose (for example, to unnecessarily encumber the case-development process or
23 || to impose unnecessary expenses and burdens on other parties) may expose the
24 || Designating Party to sanctions.
25 If it comes to a Designating Party’s attention that information or items it
26 || designated for protection do not qualify for that level of protection, that Designating
27 || Party must promptly notify all other Parties that it is withdrawing the inapplicable
28 || designation.
l 5.2. Except as otherwise provided in this Order, Disclosure or Discovery
2 || Material that qualifies for protection under this Order must be clearly so designated
3 || before the material is disclosed or produced.
4 Designation in conformity with this Order requires the following:
5 (a) for information in documentary form (for example, paper or electronic
6 || documents but excluding transcripts of depositions or other pretrial or trial
7 || proceedings), the Producing Party must affix at a minimum the legend
8 || “CONFIDENTIAL” to each page that contains Protected Material. If only a portion
9 || or portions of the material on a page qualify for protection, the Producing Party
10 || must clearly identify the protected portion(s) (for example, by making appropriate
11 || markings in the margins).
12 A Party or Nonparty that makes original documents available for inspection
3. 13]/need not designate them for protection until after the inspecting Party has indicated
14 || which documents it would like copied and produced. During the inspection and
15 || before the designation, all material made available for inspection must be treated as
16 “CONFIDENTIAL.” After the inspecting Party has identified the documents it
17 || wants copied and produced, the Producing Party must determine which documents,
18 || or portions thereof, qualify for protection under this Order. Then, before producing
19 || the specified documents, the Producing Party must affix the “CONFIDENTIAL”
20 || legend to each page that contains Protected Material. If only a portion or portions of
21 material on a page qualify for protection, the Producing Party also must clearly
22 ||identify the protected portion(s) (for example, by making appropriate markings in
23 || the margins).
24 (b) for testimony given in depositions, the Designating Party must identify
25 || the Disclosure or Discovery Material that is protected on the record, before the close
26 || of the deposition.
27 (c) for information produced in some form other than documentary and for
28 || any other tangible items, the Producing Party must affix in a prominent place on the
1 || exterior of the container or containers in which the information is stored the legend
2 || “CONFIDENTIAL.” If only a portion or portions of the information warrant
3 || protection, the Producing Party, to the extent practicable, must identify the protected
4 || portion(s).
5 5.3 If timely corrected, an inadvertent failure to designate qualified
6 || information or items does not, standing alone, waive the Designating Party’s right to
7 || secure protection under this Order for that material. On timely correction of a
8 || designation, the Receiving Party must make reasonable efforts to assure that the
9 || material 1s treated in accordance with the provisions of this Order.
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 6.1 Any Party or Nonparty may challenge a designation of confidentiality
12 || at any time consistent with the Court’s scheduling order.
3. 6.2 The Challenging Party must initiate the dispute-resolution process (and,
14 ||if necessary, file a discovery motion) under Local Rule 37.
15 6.3. The burden of persuasion in any such proceeding is on the Designating
16 || Party. Frivolous challenges, and those made for an improper purpose (for example,
17 || to harass or impose unnecessary expenses and burdens on other parties), may expose
18 || the Challenging Party to sanctions. Unless the Designating Party has waived or
19 || withdrawn the confidentiality designation, all parties must continue to afford the
20 || material in question the level of protection to which it is entitled under the
21 || Producing Party’s designation until the Court rules on the challenge.
22||7. ACCESS TO AND USE OF PROTECTED MATERIAL
23 7.1. A Receiving Party may use Protected Material that is disclosed or
24 || produced by another Party or by a Nonparty in connection with this Action only for
25 || prosecuting, defending, or attempting to settle this Action, including presenting
26 || evidence for class certification purposes. Such Protected Material may be disclosed
27 || only to the categories of people and under the conditions described in this Order.
28
l When the Action has been terminated, a Receiving Party must comply with
2 ||the provisions of Section 13 below (FINAL DISPOSITION).
3 Protected Material must be stored and maintained by a Receiving Party at a
4 || location and in a manner sufficiently secure to ensure that access is limited to the
5 || people authorized under this Order.
6 7.2. Unless otherwise ordered by the Court or permitted in writing by the
7 || Designating Party, a Receiving Party may disclose any information or item
8 || designated “CONFIDENTIAL” only to the following people:
9 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
10 |] as employees of that Outside Counsel of Record to whom it is reasonably necessary
11 || to disclose the information for this Action;
12 (b) the officers, directors, and employees (including House Counsel) of the
3. 13]/Receiving Party to whom disclosure is reasonably necessary for this Action;
14 (c) Experts or consultants (as defined in this Order) of the Receiving Party to
15 || whom disclosure is reasonably necessary for this Action and who have signed the
16 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17 (d) the Court and its personnel;
18 (e) court reporters and their staff;
19 (f) professional jury or trial consultants, mock jurors, and Professional
20 || Vendors to whom disclosure is reasonably necessary for this Action and who have
21 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
22 (g) the author or recipient of a document containing the information or a
23 || custodian or other person who otherwise possessed or knew the information;
24 (h) during their depositions, witnesses and attorneys for witnesses to whom
25 || disclosure is reasonably necessary, provided that the deposing party requests that the
26 || witness sign the form attached as Exhibit A hereto and the witnesses will not be
27 || permitted to keep any confidential information unless they sign the form, unless
28 || otherwise agreed by the Designating Party or ordered by the Court. Pages of
1 || transcribed deposition testimony or exhibits to depositions that reveal Protected
2 || Material may be separately bound by the court reporter and may not be disclosed to
3 || anyone except as permitted under this Order; and
4 (i) any mediator or settlement officer, and their supporting personnel,
5 || mutually agreed on by any of the Parties engaged in settlement discussions or
6 || appointed by the Court.
7 7.3. Notwithstanding any other provisions herein, the parties recognize that
8 || the contact information and employment records for some or all putative class
9 || members may be produced at some point during the pendency of this litigation
10 || pursuant to the procedure adopted in Belaire-West Landscape, Inc. v. Superior
11 || Court, 149 Cal. App. 4th 554 (2007). None of the contact information or
12 |}employment records of putative class members shall be used for any purpose outside
3. , 13]/of this Litigation, and will not be disseminated to any third party under any
14 || circumstances outside of this Litigation.
15 |/8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
ge 16 || IN OTHER LITIGATION
17 If a Party is served with a subpoena or a court order issued in other litigation
18 || that compels disclosure of any information or items designated in this Action as
19 || “CONFIDENTIAL,” that Party must
20 (a) promptly notify in writing the Designating Party. Such notification must
21 || include a copy of the subpoena or court order unless prohibited by law;
22 (b) promptly notify in writing the party who caused the subpoena or order to
23 issue in the other litigation that some or all of the material covered by the subpoena
24 || or order is subject to this Protective Order. Such notification must include a copy of
25 || this Order; and
26 (c) cooperate with respect to all reasonable procedures sought to be pursued
27 || by the Designating Party whose Protected Material may be affected.
28 If the Designating Party timely seeks a protective order, the Party served with
1 || the subpoena or court order should not produce any information designated in this
2 || action as “CONFIDENTIAL” before a determination on the protective-order request
3 || by the relevant court unless the Party has obtained the Designating Party’s
4|| permission. The Designating Party bears the burden and expense of seeking
5 || protection of its Confidential Material, and nothing in these provisions should be
6 || construed as authorizing or encouraging a Receiving Party in this Action to disobey
7 \|a lawful directive from another court.
8119. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
9 || PRODUCED IN THIS LITIGATION
10 (a) The terms of this Order are applicable to information produced by a Non-
11 || Party in this Action and designated as “CONFIDENTIAL.” Such information
12 || produced by Non-Parties in connection with this litigation is protected by the
3. , 13]/remedies and relief provided by this Order. Nothing in these provisions should be
14 || construed as prohibiting a Non-Party from seeking additional protections.
15 (b) In the event that a Party is required, by a valid discovery request, to
16 || produce a Non-Party’s confidential information in its possession, and the Party is
17 || subject to an agreement with the Non-Party not to produce the Non-Party’s
18 || confidential information, then the Party shall:
19 (1) promptly notify in writing the Requesting Party and the Non-Party
20 || that some or all of the information requested is subject to a confidentiality
21 ||agreement with a Non-Party;
22 (2) promptly provide the Non-Party with a copy of the Stipulated
23 || Protective Order in this Action, the relevant discovery request(s), and a reasonably
24 || specific description of the information requested; and
25 (3) make the information requested available for inspection by the Non-
26 || Party, if requested.
27 (c) If the Non-Party fails to seek a protective order from this court within 21
28 || days of receiving the notice and accompanying information, the Receiving Party
nh
1 || may produce the Non-Party’s confidential information responsive to the discovery
2 ||request. If the Non-Party timely seeks a protective order, the Receiving Party shall
3 || not produce any information in its possession or control that is subject to the
4 || confidentiality agreement with the Non-Party before a determination by the court.
5 || Absent a court order to the contrary, the Non-Party shall bear the burden and
6 || expense of seeking protection in this court of its Protected Material.
7/10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
9 || Protected Material to any person or in any circumstance not authorized under this
10 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
11 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
12 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
=, 13]|persons to whom unauthorized disclosures were made of all the terms of this Order,
14 || and (d) request such person or persons to execute the “Acknowledgment and
15 || Agreement to Be Bound” that is attached hereto as Exhibit A.
16];/11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
17 || PROTECTED MATERIAL
18 When a Producing Party gives notice to Receiving Parties that certain
19 inadvertently produced material is subject to a claim of privilege or other protection,
20 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
21 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
22 || may be established in an e-discovery order that provides for production without
23 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
24 || as the parties reach an agreement on the effect of disclosure of a communication or
25 ||information covered by the attorney-client privilege or work product protection, the
26 || parties may incorporate their agreement in the stipulated protective order submitted
27 || to the court provided the Court so allows.
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112. MISCELLANEOUS
2 12.1 Nothing in this Order abridges the right of any person to seek its
3 || modification by the Court in the future.
4 12.2 By stipulating to the entry of this Protective Order no Party waives any
5 || right it otherwise would have to object to disclosing or producing any information or
6 item on any ground not addressed in this Stipulated Protective Order. Similarly, no
7 || Party waives any right to object on any ground to use in evidence of any of the
8 || material covered by this Protective Order.
9 12.3. A Party that seeks to file under seal any Protected Material must
10 ||} comply with Civil Local Rule 79-5. Protected Material may only be filed under seal
11 || pursuant to a court order authorizing the sealing of the specific Protected Material at
12 || issue. If a Party’s request to file Protected Material under seal is denied by the court,
3. , 13]|then the Receiving Party may file the information in the public record unless
14 || otherwise instructed by the court.
15|}13. FINAL DISPOSITION
16 After the final disposition of this Action, as defined in paragraph 4, within 60
17 || days of a written request by the Designating Party, each Receiving Party must return
18 || all Protected Material to the Producing Party or destroy such material. As used in
19 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
20 ||summaries, and any other format reproducing or capturing any of the Protected
21 || Material. Whether the Protected Material is returned or destroyed, the Receiving
22 || Party must submit a written certification to the Producing Party (and, if not the same
23 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
24 || (by category, where appropriate) all the Protected Material that was returned or
25 || destroyed and (2) affirms that the Receiving Party has not retained any copies,
26 || abstracts, compilations, summaries or any other format reproducing or capturing any
27 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to
28 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
1 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
2 ||reports, attorney work product, and consultant and expert work product, even if such
3 || materials contain Protected Material. Any such archival copies that contain or
4 || constitute Protected Material remain subject to this Protective Order as set forth in
5 || Section 4 (DURATION).
6||14. Any violation of this Order may be punished by any and all appropriate
7 || measures including, without limitation, contempt proceedings and/or monetary
8 || sanctions.
9
|| IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
11
DATED: August 25, 2020 SAWYER & LABAR LLP
1B
by.
y: /s/ Adrian Sawyer
Adrian Sawyer
Bed: 16 Attorneys for Defendants
MENASHA PACKAGING COMPANY,
17 LLC and MENASHA CORPORATION
DATED: August 25, 2020 THE NOURMAND LAW FIRM, APC
19
20
21 By: /s/ James A. De Sario
Michael Nourmand, Esq.
James A. De Sario, Esq.
23 Attorneys for Plaintiff
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
25
761! Dated: August 27, 2020 fe hrenhlade~
27 Hon. Jean P. Rosenbluth
28 United States Magistrate Judge
19
l EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full name],
of [print or type full address],
5 || declare under penalty of perjury that I have read in its entirety and understand the
6 |! Stipulated Protective Order (“Protective Order”) that was issued by the United
7 \| States District Court for the Central District of California on [date] in
8 || the case of Enriquez v. Menasha Packaging Company, LLC, et al., Case No. 2:19-
9 || cv-8104-DSF (JPRx). I agree to comply with and to be bound by all the terms of
10 || this Protective Order and I understand and acknowledge that failure to so comply
11 || could expose me to sanctions and punishment in the nature of contempt. I solemnly
12 || promise that I will not disclose in any manner any information or item that is subject
3 13 || to this Protective Order to any person or entity except in strict compliance with the
: 14 |! provisions of this Order.
15 I further agree to submit to the jurisdiction of United States District Court for
the Central District of California for the purpose of enforcing the terms of this
17 || Protective Order, even if such enforcement proceedings occur after termination of
18 || this action.
19
20 Date:
21
22 City and State where sworn and signed:
23
24 Printed name:
25
26 Signature:
27
28
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