Taylor v. C6 Disposal Systems, Inc.

Western District of Texas, txwd-5:2019-cv-00347

AGREED PROTECTIVE ORDER. Signed by Judge Elizabeth S. Chestney.

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FILED OCT 2 5 2019 cLERK, DI8Tgcr UNITED STATES DISTRICT COURT U.S. 4ES1ERN 8TRI OFt S WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CHARLES TAYLOR, Civil Action No. 5:19-cv-00347-ESC Individually and on behalf of all others similarly situated JURY TRIAL DEMANDED Plaintiff § COLLECTIVE ACTION v. § PURSUANT TO 29 U.S.C. § 216(b) § C6 DISPOSAL SYSTEMS, INC. § CLASS ACTION PURSUANT TO § FED. R. CIV. P.23 Defendant AGREED PROTECTIVE ORDER As reflected by their signatures below, the Plaintiffs and Defendanthave agreed to the entry of a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure to protect the Classified Information produced by Republic Services, inc. it is ORDERED that: 1. "Classified information," as used in this agreement, means any information of any type, kind or character which is designated as "Confidential" or "For Counsel Oni" (or "Attorneys' Eyes Only") by any of the supplying or receiving parties or nonparties, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer or otherwise. in designating information as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only"), a party or nonparty will make such designation only as to that information that it in good faith believes contains confidential information, Information or material which is available to the public, including catalogues, advertising materials, and the like shall not be classified. 2. "Qualified Persons," as used in this agreement means: a. Counsel, including in-house counsel, for the parties in this htigation and employees of such attorneys to whom it is necessary that the material be shown for purposes of this litigation; b. Actual or potential independent technical experts or consultants, who have been designated in writing by notice to all counsel, including counsel for nonparties, prior to any disclosure of "Confidential" or "For Counsel Only" (er "Attorneys' Eves Only") information to such persons, and who have signed a document agreeing to lie bound by the terms of this protective order(such signed document to be filed with the Clerk of this court by the attorney retaining such person); c. The party representative (in cases where the party is a legal entity) who will he designated in writing by notice to all counsel, including counsel for nonpartics, by the party prior to any disclosure of "Confidential" information to such person and who will sign a document in the form of Exhibit "/clesi]yation of exhibit]" attached (such signed document to be filed with the Clerk of this court by the party designating such person and served on all parties and nonparties); and d. If this court so elects, any other person may be designated as a Qualified Person by order of this court, after notice and hearing to all parties. Documents produced in this action, whether by a party or a nonparty, may be designated by any party or nonparty as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information by marking each page of the document(s) SO designated with a stamp stating "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only"). In lieu of marking the original of a document, if the original is not produced, the designating party or nonparty may mark the copies that are produced or exchanged. Originals must be preserved for inspection. 4. information disclosed at: (a) the deposition of a party or OflC of itspent or former officers, directors, employees, agents or independent experts retained by counsel for the purpose of this litigation; or (b) the deposition of a nonparty (which information pertains to a party or a nonparty may be designated by any party or nonparty as "Confidential" or "For Counsel Only" ("or Attorneys' Eyes Only") information by indicating on the record at the deposition that the testimony is "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") and is subject to the provisions of this Order. Any party or nonparty may also designate information disclosed at such deposition as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") by notifying all of the parties in writing within fnumher ofdqysj days of receipt of the transcript, of the specific pages and lines of the transcript which should be treated as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") thereafter. Each party or nonparty must attach a copy of such written notice or notices to the face of the transcript and each copy thereof in his or her possession, custody or control. All deposition transcripts will be treated as "For Counsel Only" (or "Attorneys' Eyes Only") for a period of /number of clajsJ clays after the receipt of the transcript. To the extent possible, the court reporter will segregate into separate transcripts information designated as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only"), with blank, consecutively numbered pages being provided in a nondesignated main transcript. The separate transcript containing "Confidential" and/or "For Counsel Only" (or "Attorneys' Eyes Only") information will have page numbers that correspond to the blank pages in the main transcript. 5. Designation. a. Confidential information must not be disclosed or made available by the receiving party to persons other than Qualified Persons, Information designated as "For Counsel Only" (or "Attorneys' Eyes Only") will be restricted in circulation to Qualified Persons identified in 3(a) and (b) above. h. Copies of "For Counsel Only" (or "Attorneys' Eyes Only") information provided to a receiving party must be maintained in the offices of outside counsel for Plaintiff(s) Agreed Protective Order Page 2 of 5 Civil Action No. 5:19-cv-00347-ESC and Defendant(s). Any documents produced in this litigation, regardless of classification, which are provided to Qualified Persons of Paragraph 3(b) above, must be maintained only at the office of such Qualified Person and only working copies will be made of any such documents, Copies of documents produced under this Protective Order may be made, or exhibits prepared by independent copy services, printers or illustrators for the purpose of this litigation. c. Each party's outside counsel must maintain a log of all copies of "For Counsel Only" (or "Attorneys' Eyes Only") documents which are delivered to any one or more Qualified Person of Paragraph 3 above. 6. Documents previously produced will be retroactively designated by notice in writing of the designated class of each document by Bates number within /vumher of days/ clays of the entry of this order. Documents unintentionally produced without designation as "Confidential" may be retroactively designated in the same manner and will be treated appropriately from the date written notice of the designation is provided to the receiving party. Documents to be inspected will be treated as "For Counsel Only" (or "Attorneys' Eyes Only") during inspection. At the time of copying for the receiving parties, such inspected documents will be stamped prominently "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") by the producing party. Nothing in this agreement will prevent disclosure beyond the terms of this order if each party or nonparty designating the information as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") consents to such disclosure or, if the court, after notice to all affected parties and nonparties, orders such disclosures. Furthermore, nothing in this agreement will prevent any counsel of record from utilizing "Confidential" or "For Counsel Only" (or "Attorneys' Eyes only") information in the examination or cross-examination of any person who is indicated on the document as being an author, source or recipient of the "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information, irrespective of which party or nonpartv produced such information. A party will not be obligated to challenge the propriety of a designation as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") at the time macic, and a failure to do so will not preclude a subsequent challenge. In the event that any party to this litigation or nonparty disagrees at any stage of these proceedings with the designation by the designating party or nonparty of any information as "Confidential" or "For Counsel Only" (or "Attorneys' Eves Only"), or the designation of any person as a Qualified Person, the parties and/or nonparties must first try to resolve such dispute in good faith on an informal basis, such as production of redacted copies. if the dispute cannot be resolved, the objecting party or nonparty may invoke this Protective Order by objecting in writing to the party or nonparty who has designated the document or information as "Confidential" or "hor Counsel Only" (or "Attorneys' Eyes Only"). The designating party or nonparty will be rec1uired to move the court for an order preserving the designated Status of such information within [number o/daysJdays of receipt of the written objection, and failure to do so will constitute a termination of the restricted status of such item. Agreed Protective Order Page 3 of 5 Civil Action No. 5:19-cv-00347-ESC The parties or nonparties may, by stipulation, provide for exceptions to this order and any party may seek an order of this court modifying this Protective Order. 9. Nothing will be designated as "For Counsel Only" (or "Attorneys' Eyes Only") information except information of the most sensitive nature, which if disclosed to persons of expertise in the area would reveal significant technical or business advantages of the producing or designating party, and which includes as a major portion subject matter which is believed to be unknown to the opposing party or parties, or any of the employees of the corporate parties. Nothing will be regarded as "Confidential" or "For Counsel Only" (or "Attorneys' Eves Only") information if it is information that either: a, is in the public domain at the time of disclosure, as evidenced by a written document; b. becomes part of the public domain through no fault of the other party, as evidenced by a written document; the receiving party can show by written document that the information was in its rightful and lawful possession at the time of disclosure; or d. the receiving party lawfully receives such information at a later date from a nonparty without restriction as to disclosure, provided such nonparty has the right to make the disclosure to the receiving party. 10. In the event party wishes to use any "Confidential" or "For Counsel Only" (or "Attorneys' a Eyes Only") information in any affidavits, briefs, memoranda of law, or other papers flied in court in this litigation, such "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information used must be filed under seal with the court. 11. The clerk of this court is directed to maintain under seal all documents and transcripts of deposition testimony and answers to interrogatories, admissions and other pleadings filed under seal with the court in this litigation which have been designated, in whole or in part, as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information by a party to this action or by a nonparty. 12. Unless otherwise agreed to in writing by the parties and/or nonparties or ordered by the court, all proceedings involving or relating to documents or any other information wifl be subject to the provisions of this order. 13. Within 60 days after conclusion of this litigation and any appeal, any document and all reproductions of documents produced by a party or nonparty, in the possession of any of the persons qualified under Paragraphs 3(a) through (d) must he returned to the producing party or nonparty, except as this court may other\vise order or to the extent such information was used as evidence at the trial. As far as the provisions of any protective orders entered in this action restrict the communication and use of the documents produced thereunder, such orders will continue to be binding after the conclusion of this litigation, except: (a) that there will be no restriction on documents that are used as exhibits in court unless such exhibits were filed under seal; and (b) Agreed Protective Order Page 4 of 5 Civil Action No. 5:19-cv-00347-ESC that a party or nonparty may seek the written permission of the producing party or nonparty or order of the court \vith respect to dissolution or moditication of such protective orders. 14. This order does not bar any attorney in this action in the course of rendering advice to his or her client with respect to this litigation from conveying to any party client his evaluation in a general way of "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information produced or exchanged in this litigation; provided, however that in rendering such advice and otherwise communicating with his or her client, the attorney must not disclose the specific contents of any "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information produced by another party or nonparty, which disclosure \vouldl be contrary to the terms of this Protective Order. 15. Any party designating any person as a Qualified Person has the duty to reasonably ensure that such person observes the terms of this Protective Order and will be responsible on breach of such duty for the failure of any such person to observe the terms of this Protective Order. Dated: October 25, 2019 Elizabeth SI"Betsy" Chestney United States Magistrate judge AGREED: ANDERSON ALEXANDER, PLLC CLAusEwrrz LAW FIRM, PLLC /s/ Lauren B. Bradd'v /s/ Tffanie S. Clausewitg Clif Alexander Tiffanie S. Clausewitz Texas Bar No. 24064805 State Bar No. 24051936 Lauren E. Braddy Shellie R. Reyes Texas Bar No. 24071993 State Bar No. 24082115 hgllieckIe\itzJ\y.c Alan Clifton Gordon 2722 West Bitters Road, Suite 110 Texas Bar No. 00793838 San Antonio, Texas 78248 cgordon@a2xlaw.com Telephone: (210) 762-6422 Carter T. Hastings Facsimile: (210) 762-6988 Texas Bar No. 24101879 tera2x.il\v.cd1ii Attorneys for Defendant 819 N. Upper Broadway Corpus Christi, Texas 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 Attorneys for Plaintiffs Agreed Protective Order Page 5 of 5 Civil Action No. 5:19-cv-00347-ESC