Hale v. Manna Pro Products, LLC ( 2019 )

! || Todd M. Friedman (SBN 216752) > || Meghan E. George (SBN 274525) LAW OFFICES OF TODD M. FRIEDMAN, P.C. 3 || 21550 Oxnard St. Suite 780, 4 || Woodland Hills, CA 91367 Phone: 877-206-4741 5 || Fax: 866-633-0228 6 || tfriedman @toddflaw.com mgeorge @toddflaw.com 7 || Attorneys for Plaintiff 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 | ASHLEY HALE individually, andon_ | No. 2:18-cv-00209-KJM-DB behalf of other members of the general 12 | public similarly situated, STIPULATED PROTECTIVE ORDER 13 Plaintiff, 14 VS. 15 | MANNA PRO PRODUCTS, LLC; 16 DOES 1-10, INCLUSIVE, 17 Defendant. 18 19 This Stipulation Requesting Entry of Protective Order Re Confidential Documents (the 20 || “Stipulation’’) is made by and between Plaintiff Ashley Hale (“Plaintiff”), Defendant Manna Pro 21 || Products, LLC, (“Defendant”) and Animal Health International, Inc. (“Animal Health 22 || International”) (collectively, “the Parties,” or “Party” in the singular), through their respective 23 || counsel of record. 24 IT IS HEREBY AGREED that the following procedures shall govern the inspection, use 25 || and/or disclosure of confidential, proprietary and/or trade secret information belonging to Animal 26 || Health International, its vendors, and/or customers, that is produced by Animal Health International 27 || in connection with the above-captioned action or already in Plaintiffs possession. 28 1 1. The Confidential Documents shall be stamped with a legend stating: “‘Confidential 2 || Document Subject to Protective Order.’ The Confidential Documents shall be treated as 3 || confidential by the Parties and shall be used solely to obtain approval of the class action settlement, 4 || and to notify identified members of the proposed class of the settlement in the above-captioned 5 || action. The Confidential Documents, or any information about the Confidential Documents, shall 6 || not be disclosed in any form by the Parties or their counsel, except to (a) witnesses during their 7 || testimony at deposition and/or at arbitration, who shall first be required to sign this Stipulation and 8 || agree to be bound by it; (b) the Parties’ retained experts who shall first be required to sign this 9 || Stipulation and agree to be bound by it; (c) the Setthkement Administrator for purposes of 10 || administering and finalizing the class settlement in this matter, and (d) the Court, court personnel, 11 || and the court reporter and videographer (if any) present at any hearing, deposition, or arbitration; 12 2. The Confidential Documents, or any references thereto in any memorandum, brief, 13 || transcript, or other filing, which reveal the content of the Confidential Documents, shall not be filed 14 || with any Court or public agency unless filed under seal, as permitted by the Court; 15 3, No copies, extracts or summaries of the Confidential Documents shall be made 16 || except by or on behalf of counsel for the Parties for the purposes set forth in paragraph | above. 17 || All such copies, extracts or summaries derived from the Confidential Documents shall be 18 || designated and treated as confidential material, and none shall be delivered, exhibited or disclosed 19 || to any person except as necessary in accordance with the terms of and for the purposes set forth in 20 || paragraph | above; 21 4. Within ninety (90) days after the final disposition of the above-captioned action, all 22 || copies of the Confidential Documents, and any copies, extracts, summaries or notes made thereof 23 || which reveal the contents of the Confidential Documents, shall be delivered to counsel for the 24 || Parties or destroyed. Within that same time period, counsel for the Parties shall affirm in writing 25 || to counsel that all such documents (including, without limitation, any copies, extracts or summaries 26 || thereof) have been returned or destroyed as provided herein; 27 5. The Court will be requested to enter a Protective Order requiring the Parties to abide 28 || by this Stipulation; and _2- 1 6. Even if the Court declines to enter a Protective Order as requested, the parties, their 2 || counsel and their experts shall remain contractually bound by this Stipulation and will abide by its 3 || terms and conditions. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD 5 6 Dated: __ 11/14/19 LAW OFFICE OF TODD M. FRIEDMAN P.C. 7 8 By: /s Todd M. Friedman 9 Todd M. Friedman Meghan E. George 10 Attorneys for Plaintiff 11 12 || Dated:__10/18/19 ARMSTRONG TEASDALE LLP 13 By:__/s Laura Bentele 14 Laura Bentele Attorneys for Defendant 15 MANNA PRO PRODUCTS, LLC 16 Dated:___ 10/18/19 ANIMAL HEALTH INTERNATIONAL, INC. 18 By:__/s Joel Funk Joel Funk, Colorado Bar #017813 19 Associate General Counsel 0 Attorneys for Animal Health International, Inc. 21 22 23 24 25 26 27 28 -3- 1 ORDER 2 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 3 IT IS FURTHER ORDERED THAT: 4 1. Requests to seal documents shall be made by motion before the same judge who will 5 || decide the matter related to that request to seal. 6 2. The designation of documents (including transcripts of testimony) as confidential 7 || pursuant to this order does not automatically entitle the parties to file such a document with the 8 || court under seal. Parties are advised that any request to seal documents in this district is governed 9 || by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 10 || written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 11 || mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 12 || that “(t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 13 || the requested duration, the identity, by name or category, of persons to be permitted access to the 14 || document, and all relevant information.” L.R. 141(b). 15 3. A request to seal material must normally meet the high threshold of showing that 16 || “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 17 || related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 18 || Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); 19 || Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 20 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 21 || certain documents, at any court hearing or trial — such determinations will only be made by the 22 || court at the hearing or trial, or upon an appropriate motion. 23 5. With respect to motions regarding any disputes concerning this protective order which 24 || the parties cannot informally resolve, the parties shall follow the procedures outlined in Local 25 || Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex 26 || parte basis or on shortened time. 27 6. The parties may not modify the terms of this Protective Order without the court’s 28 || approval. If the parties agree to a potential modification, they shall submit a stipulation and _4- 1 || proposed order for the court’s consideration. 2 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 3 || of the terms of this Protective Order after the action is terminated. 4 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 5 || hereby DISAPPROVED. 6 || DATED: December 18, 2019 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _5- 1 EXHIBIT A 5 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 L [print or type full name], of 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and ° understand the Stipulated Protective Order that was issued by the Court on [date] in the case of Hale v. Manna Pro Products, et. al., Case No. 2:18-cv-00209-KJM-DB. I agree g to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand 9 and acknowledge that failure to so comply could expose me to sanctions and punishment in the 10 || nature of contempt. I solemnly promise that I will not disclose in any manner any information or 11 || item that is subject to this Stipulated Protective Order to any person or entity except in strict 12 || compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the 13 above referenced court for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint or type full name) of — sprint’ or type full address and telephone number] as my 13 California agent for service of process in connection with this action or any proceedings related to 19 enforcement of this Stipulated Protective Order. 20 Date: 22 || City and State where sworn and signed: 23 || printed name: a 24 Signature; 26 27 28