Judge: Maurice A. Leiter, Case: 22STCV09279, Date: 2023-04-25 Tentative Ruling

Case Number: 22STCV09279    Hearing Date: April 25, 2023    Dept: 54

Hearing Date: April 25, 2023

Department 54, Judge Maurice A. Leiter

Motion for Protective Order

Moving Party: Defendants Ford Motor Company and Galpin Ford

Responding Party: Plaintiff Erick Morales

T/R:     DEFENDANTS’ MOTION FOR PROTECTIVE ORDER IS GRANTED AS MODIFIED BELOW.

            DEFENDANTS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

            The Court considers the moving papers, opposition, and reply.

“The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.”  (CCP § 2031.060(b).)   

            Defendants move for a protective order to prevent dissemination of their confidential trade secrets. Defendants request the Court impose the model LASC protective order but modify “Paragraph 7 to clarify in sub-section (b) that the term “affiliated attorneys” mean attorneys in the same firm and that Plaintiff’s counsel’s office personnel who have access to Ford’s confidential documents must sign Exhibit A; to include videographers and litigation support companies with court reporters in sub-section (d); to preclude mock jurors from accessing Ford’s confidential documents because Ford has no ability to identify such persons or ensure (or confirm) their compliance, as set forth in sub-section (f); and to include non-attorneys along with experts in paragraph (g), and confirm that Ford’s confidential documents may not be shown to competitors of Ford. Ford also seeks to modify Paragraph 8 to prohibit the receiving party from posting Ford’s confidential documents to any website or advertising Ford’s documents for sale. Ford further seeks to modify Paragraph 21 to clarify the process for Plaintiff’s counsel to return or destroy Ford’s confidential documents at the conclusion of the case, and to require the return of all confidential documents.”

            In opposition, Plaintiff asserts that many of the modifications are redundant, and the remaining modifications are overly burdensome to Plaintiff. Plaintiff requests the Court impose the model LASC protective order.

            The model protective order is sufficient to protect Defendants’ confidential information without unduly burdening Plaintiff. The protective order already prohibits the use of confidential information for any reason other than to prosecute this action. Prohibiting the use of these files with a mock jury would hinder Plaintiff’s ability to prosecute this case. Requiring every employee sign the protective order and requiring Plaintiff to return all confidential documentation would be burdensome to Plaintiff with little benefit not already laid out in the model protective order.

            Defendants’ motion is GRANTED in part. The Court will enter the model LASC protective order.