Free Protective Order - District Court of California - California

Case 3:07-cv-02382-JLS-AJB

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1 2 3 4 5 6 7 8 9 10 11 SALAZAR, TAMMY HELBLE, and 12 on behalf of all others similarly situated, 13 14

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

KIM MCBRIDE, TERRY

CASE NO. 3:07-CV-02382-JLS-AJB CLASS ACTION PROTECTIVE ORDER HONORABLE ANTHONY J. BATTAGLIA Dept. A

NANCY MELLO, individually and

v.

Plaintiffs,

15 JENNY CRAIG INC., a Delaware 16 corporation; JENNY CRAIG DIRECT, INC., a Delaware 17 corporation; and DOES 1 through 10, inclusive, 18 19 20 21 22 23 24 25 26 27 28

Defendants.

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Plaintiffs Kim McBride, Terry Salazar, Tammy Helble, and Nancy

2 Mello and defendant Jenny Craig Inc. hereby stipulate and agree, subject to the 3 approval of the Court, to the following terms: 4

1.

This Protective Order ("Order") shall govern the handling of

5 individual putative class member contact information produced by Defendant Jenny 6 Craig Inc. ("Defendant), including documents containing such information, by any 7 party or non-party within the context of this litigation. 8

2.

This Order shall also govern the handling of information related to

9 settlement discussions. The parties are currently engaging in settlement discussions 10 and intend for this order to govern the handling of all information produced by 11 either Defendant or Plaintiffs during settlement discussion, including documents 12 containing such information, by any party or non-party within the context of this 13 litigation. 14

3.

In connection with discovery proceeding in this action, any party to

15 this action (hereinafter "Designating Party") shall have the right to designate any 16 Document containing the contact information of any putative class member or any 17 document related to settlement discussions, as confidential under the terms of this 18 Order. Any documents containing the contact information of any putative class 19 member shall be designated to be confidential by any party by stamping or affixing 20

thereon the word "CONFIDENTIAL". Stamping the legend "CONFIDENTIAL"

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on the cover of any multi-page document shall designate all pages of the document as confidential, unless otherwise indicated by the Designating Party. 4. Any documents containing or related to settlement discussions shall be

designated to be confidential by any party by stamping or affixing thereon the word "CONFIDENTIAL SETTLEMENT." Stamping the legend "CONFIDENTIAL SETTLEMENT" on the cover of any multi-page document shall designate all pages of the document as confidential, unless otherwise indicated by the Designating Party.
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5.

A party who inadvertently fails to mark an item as

2 "CONFIDENTIAL" or "CONFIDENTIAL SETTLEMENT" at the time of 3 production shall have thirty (30) days thereafter in which to correct its failure. Such 4 correction and notice thereof shall be made in writing, accompanied by substitute 5 copies of each item, appropriately marked as "Confidential" OR "Confidential 6 Settlement". Upon such notice, the receiving party shall return or destroy the 7 previously unmarked items and all copies thereof. 8

6.

Plaintiffs' attorneys of record, Defendant's attorney of record and all

9 persons bound by the terms of this Protective Order shall use any putative class 10 member contact information only for the purpose of prosecution or defense of this 11 action. Plaintiffs' counsel and Defense Counsel acknowledge that they may not use 12 any document related to settlement discussions for the purpose of prosecution or 13 defense of this action. However, to the extent that said information is deemed 14 discoverable such information may be used for such purposes. Plaintiffs' attorneys 15 of record and Defendant's attorney of record shall exercise reasonable care to 16 insure that the information and documents governed by this Protective Order are (i) 17 used only for the purposes specified herein; and (ii) disclosed only to persons to 18 whom disclosure of such information and documents is authorized by this 19 Protective Order. 20

7.

All putative class member contact information produced by Defendant

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pursuant to this Protective Order shall remain in the custody of Plaintiffs' attorneys of record and shall not be disclosed to the individual named plaintiffs in this action. Plaintiffs' attorneys of record will not disclose putative class members' contact information to any other person or party except that, and solely for the purpose of this litigation, any such putative class member contact information may be disclosed by Plaintiffs' attorneys of record to the following person(s): a. Experts and/or consultants (together with their clerical staff)

retained by Plaintiffs' attorneys of record on behalf of Plaintiffs;
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b.

Plaintiffs' attorneys of record's partners and associates,

2 paralegals, clerks, assistants and other persons employed by such attorneys;

c. d.

Outside copy services and their employees; Professional claim administrators retained by counsel to perform

5 mailings, claim processing, and/or processing of any settlement in this action;

e. f.

The Court and its personnel; and Any other person(s) as to whom the parties reasonably believe

8 require the information to aid in the prosecution, defense or settlement of this action 9 pursuant to Paragraph 6. 10

8.

Any person to whom Plaintiffs' attorneys of record give access to

11 putative class member contact information pursuant to Paragraph 7 shall first be 12 given a copy of this Order and shall agree in writing to be bound by its terms, by 13 signing a copy of the Confidentiality Agreement attached hereto as Exhibit "A". 14 The law firm obtaining the person's signature on the Confidentiality Agreement 15 will retain the original signed agreement. Any other person to whom Plaintiffs' 16 attorneys of record give access to putative class member contact information shall 17 first be advised by the disclosing party that the information is confidential and is 18 not to be used or disclosed for any purpose outside this litigation. 19 20 21 22 23 24 25 26 27 28

9.

Any document submitted to the Court in connection with this action

which contains putative class member contact information shall be redacted to hide from view the name, address, phone number, and any other contact information (i.e., email address). Upon the filing of a Consent to Join this action by any individual class member, or in any sworn statement submitted to the Court in connection with this action, the class member's name is not required to be redacted. The redacted information will not be revealed to any party or the Court unless so ordered by the Court. 10. Any person receiving putative class member contact information or

information related to settlement discussions under the terms of this Order shall be
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1 subject to the jurisdiction of this Court for purposes of any proceedings relating to 2 the performance under, compliance with or violations of this Order. 3

11.

Any person who receives putative class member contact information or

4 information related to settlement discussions under the terms of this Order shall 5 maintain such material in secure and safe areas and shall exercise due and proper 6 care with respect to storage, custody, use and/or dissemination of such information. 7

12.

If any putative class member contact information or any information

8 related to settlement discussions is produced under the terms of this Order is 9 disclosed to any person other than in a manner authorized by this Order, Plaintiffs' 10 attorneys of record, or Defendants' attorneys of record, upon discovery of the 11 disclosure, shall immediately inform opposing counsel of all facts pertinent to the 12 disclosure that, after due diligence and prompt investigation, are known, and shall 13 immediately make all reasonable efforts to prevent further disclosure by each 14 unauthorized person who received such information. The attorney of record who 15 first learned of the disclosure, shall then disclose all relevant facts of any 16 unauthorized disclosure to the Court. 17

13.

A violation or breach of this Order shall entitle the aggrieved party and

18 the aggrieved putative class member to seek and recover damages and/or injunctive 19 relief from the court issuing the Order, for any and all harm caused by the violation 20 21 22 23 24 25 26 27 28

or breach of this Order. The award of damages and/or injunctive relief shall be within the discretion of the court upon good cause shown. In any motion, action, or proceeding brought in accordance with this paragraph, the court shall award the prevailing party reasonable attorneys' fees and costs. 14. This Order does not constitute a waiver of any party's rights to object

to discovery on any grounds. This Order does not guarantee the production of information that any party might consider to be protected from disclosure on any grounds. 15. This Protective Order may be amended and exceptions may be made
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1 only by written stipulation of the parties or by the order of the Court. The 2 provisions of this Protective Order are subject to further Court order based upon 3 public policy and other considerations. 4

16.

If any Party agrees to produce documents or information informally in

5 the Action, without reference to one of the methods of discovery authorized by the 6 Federal Rules of Civil Procedure, the terms of this Order shall apply. 7 9

17.

The terms of this Order shall survive and remain in effect after

8 termination of the action.

IT IS SO STIPULATED. September 4, 2008 McDERMOTT WILL & EMERY LLP By: /s/ RICHARD FREY Richard Frey Attorneys for Defendant JENNY CRAIG INC. e-mail: [email protected] Dated: September 4, 2008 MASS & MONTES LLP By: /s/ ROBERT MONTES, JR. Robert Montes, Jr. Attorneys for Plaintiffs KIM MCBRIDE, TERRY SALAZAR, TAMMY HELBLE, AND NANCY MELLO on behalf of themselves and all others similarly situated E-mail: [email protected]

10 Dated: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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ORDER FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

DATED: September 8, 2008

Hon. Anthony J. Battaglia U.S. Magistrate Judge United States District Court

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EXHIBIT "A" CONFIDENTIALITY AGREEMENT The undersigned hereby does solemnly swear that he/she is fully familiar with the terms of the Stipulation for Protective Order (Order), September 3, 2008, entered in the action titled McBride et al. v. Jenny Craig, et al., United States District Court, Southern California District Court Case No. 3:07-CV-02382-JLS-AJB. The undersigned certifies that documents designated as CONFIDENTIAL are being or may be provided pursuant to the terms and restrictions of the Order. The undersigned hereby agrees to comply with and be bound by the terms and conditions of the Order unless and until modified by further order of the Court. The undersigned understands and agrees that all such confidential documents and copies thereof, including, but not limited to, any notes or other transcriptions made therefrom, which have not been previously destroyed, shall be returned no later than 30 days after the termination of this action to the counsel who provided such materials. The undersigned hereby consents to the jurisdiction of the United States District Court for the Southern District of California for the purposes of enforcing this order.

19 Date:

(Print Name)

(Signature)

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