Corcoran et al v. CVS Health Corporation

Northern District of California, cand-4:2015-cv-03504

ORDER by Judge Yvonne Gonzalez Rogers denying without prejudice proposed stipulated Protective Order re 59 Stipulation

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 CHRISTOPHER CORCORAN, ET AL., Case No.: 15-cv-3504 YGR 11 Plaintiffs, ORDER DENYING WITHOUT PREJUDICE PROPOSED STIPULATED PROTECTIVE ORDER Northern District of California 12 vs. United States District Court 13 CVS HEALTH CORPORATION and CVS Re: Dkt. No. 59 PHARMACY, INC., 14 Defendants. 15 16 The parties' [Proposed] Stipulated Protective Order (Dkt. No. 59) is hereby DENIED 17 WITHOUT PREJUDICE. The District's Model Protective Order for standard Litigation is available 18 online and should be followed by the parties.1 The parties are further advised that prior to 19 submitting their revised stipulated protective order, the model order available online should be 20 modified to reflect the following update to paragraph 6.3, which concerns judicial intervention in 21 the event of a challenged designation: 22 6.3 Judicial Intervention. If the Parties cannot resolve a challenge 23 without court intervention, the parties shall follow the Court's Standing Order in 24 Civil Cases regarding Discovery and Discovery Motions. The parties may file a 25 joint letter brief regarding retaining confidentiality within 21 days of the initial 26 notice of challenge or within 14 days of the parties agreeing that the meet and 27 1 28 See United States District Court, Northern District of California, "Stipulated Protective Orders," http://cand.uscourts.gov/stipprotectorder. 1 confer process will not resolve their dispute, whichever is earlier. Failure by a 2 Designating Party to file such discovery dispute letter within the applicable 21 or 3 14 day period (set forth above) with the Court shall automatically waive the 4 confidentiality designation for each challenged designation. If, after submitting a 5 joint letter brief, the Court allows that a motion may be filed, any such motion 6 must be accompanied by a competent declaration affirming that the movant has 7 complied with the meet and confer requirements imposed in the preceding 8 paragraph. The Court, in its discretion, may elect to transfer the discovery matter 9 to a Magistrate Judge. 10 In addition, the parties may file a joint letter brief regarding a challenge to 11 a confidentiality designation at any time if there is good cause for doing so, 12 including a challenge to the designation of a deposition transcript or any portions Northern District of California United States District Court 13 thereof. If, after submitting a joint letter brief, the Court allows that a motion may 14 be filed, any motion brought pursuant to this provision must be accompanied by a 15 competent declaration affirming that the movant has complied with the meet and 16 confer requirements imposed by the preceding paragraph. The Court, in its 17 discretion, may elect to refer the discovery matter to a Magistrate Judge. 18 The burden of persuasion in any such challenge proceeding shall be on the 19 Designating Party. Frivolous challenges, and those made for an improper purpose 20 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 21 expose the Challenging Party to sanctions. Unless the Designating Party has 22 waived the confidentiality designation by failing to file a letter brief to retain 23 confidentiality as described above, all parties shall continue to afford the material 24 in question the level of protection to which it is entitled under the Producing 25 Party's designation until the court rules on the challenge. 26 /// 27 /// 28 /// 2 1 In addition, the parties are directed to review the undersigned's discovery procedures.2 2 This Order terminates Docket No. 59. 3 IT IS SO ORDERED. 4 5 Date: December 9, 2015 _______________________________________ 6 YVONNE GONZALEZ ROGERS 7 UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 See United States District Court, Northern District of California, Standing Orders of Judge 28 Gonzalez Rogers, http://cand.uscourts.gov/ygrorders. 3