SLB Toys USA Inc v. Wham-O Inc

Filing 610

AMENDED PROTECTIVE ORDER by Magistrate Judge Carla Woehrle: IT IS HEREBY ORDERED by and between the parties, through their respective counsel of record, that upon entry of this amendment to the Protective Order in the Color 1 Action, the reporter 9;s transcript with exhibits and the videotape of the Dubinsky Color Deposition may be used in the State Court Action in accordance with the terms of the stipulation entered into by the parties to the State Court Action. (See document for further details.) (pcl)

1 Robert J. McGahan (State Bar No. 196568) 2 [e-mail] 3 601 South Figueroa Street, 41st Floor 4 Los Angeles, CA 90017 5 Facsimile: 213.623.1673 6

GOODWIN PROCTER, LLP Telephone: [phone]

7 Judgment Creditor WHAM-O, INC. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Attorneys for Defendant, Counterclaimant and

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

SLB TOYS USA, INC., Plaintiff, v. WHAM-O, INC., et al., Defendants.

Case No. CV06-1382 RSWL (CWx) [DISCOVERY MATTER] AMENDED PROTECTIVE ORDER Judge: Honorable Ronald S.W. Lew Courtroom: 21 Complaint filed: March 6, 2006

WHAM-O, INC., Counterclaimant, v. SLB TOYS USA, IN., doing business as Counterdefendant.

25 TOYQUEST, 26 27 28

[PROPOSED] AMENDED PROTECTIVE ORDER: CV06-1382 RSWL (CWX)

1

WHEREAS, in March, 2006, SLB Toys USA, Inc. ("SLB") filed this

2 federal trademark action against Wham-O, Inc. ("Wham-O") in the United States 3 District Court for the Central District of California (Case No. CV06-1382 RSWL), 4 and Wham-O brought counterclaims for willful infringement, willful dilution, 5 intentional false advertising and unfair competition, which Wham-O alleged that 6 water slides produced and advertised by SLB infringed on Wham-O's trademark 7 color yellow ("Color 1 Action"); 8

WHEREAS, Brian Dubinsky was deposed in the Color 1 Action subject

9 to a Protective Order on August 8, 2008, following a judgment against SLB (the 10 "Dubinsky Color Deposition"); 11

WHEREAS, use of Mr. Dubinsky's testimony from the Color 1 Action

12 may potentially save the litigants time and resources in another matter, Wham-O v. 13 Eileen Sefchick et al., Alameda Superior Court Case No. RG07329828 (the "State 14 Court Action"), by possibly avoiding or minimizing the need to obtain the same or 15 similar testimony in the State Court Action; 16

IT IS HEREBY ORDERED by and between the parties, through their

17 respective counsel of record, that upon entry of this amendment to the Protective 18 Order in the Color 1 Action, the reporter's transcript with exhibits and the videotape 19 of the Dubinsky Color Deposition may be used in the State Court Action in 20 accordance with the terms of the stipulation entered into by the parties to the State 21 Court Action. 22

IT IS FURTHER ORDERED that the Dubinsky Color Deposition will

23 be governed by the Protective Order entered in the State Court Action and, thus, 24 afforded the level of "Confidential" under that Protective Order. All parties 25 expressly reserve their rights, if any, under the Protective Order in the State Court 26 27 28 1
[PROPOSED] AMENDED PROTECTIVE ORDER: CV06-1382 RSWL (CWX)

1 Action to dispute the confidentiality designation of the Dubinsky Color Deposition, 2 and portions thereof, at or before trial. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
[PROPOSED] AMENDED PROTECTIVE ORDER: CV06-1382 RSWL (CWX)

IT IS SO ORDERED. Dated: January 6, 2009 _________/S/____________________ HON. CARLA M. WOEHRLE U.S. Magistrate Judge

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PROOF OF SERVICE

I am employed in the County of Los Angeles, State of California. I am over 3 the age of 18 and not a party to the within action. My business address is 601 South Figueroa Street, 41st Floor, Los Angeles, California 90017.
4 5 6 7 8 9 10 11 Joshua R. Furman 12 [e-mail] 13 JOSHUA R. FURMAN LAW CORP. 9663 Santa Monica Blvd, #721 14 Beverly Hills, CA 90210 15 Tel: [phone] Stephen L. Raucher [e-mail] 17 Timothy D Reuben 18 [e-mail] REUBEN RAUCHER AND BLUM 19 1100 Glendon Avenue 10th Floor 20 Los Angeles, CA 90024 Tel: [phone] Fax: [phone] Attorneys for Plaintiff and Counterdefendant SLB Toys USA Inc a New York Corporation

On January 7, 2009, I served the [PROPOSED] AMENDED PROTECTIVE ORDER by CM/ECF Electronic Filing. I caused the above document to be transmitted to the office(s) of the addressee(s) listed below by electronic mail at the e-mail address(es) set forth above pursuant to Fed.R.Civ.P.5(d)(1). "A Notice of Electronic Filing (NEF) is generated automatically by the ECF system upon completion of an electronic filing. The NEF, when e-mailed to the e-mail address of record in the case, shall constitute the proof of service as required by Fed.R.Civ.P.5(d)(1). A copy of the NEF shall be attached to any document served in the traditional manner upon any party appearing pro se."

Attorneys for Movants BRIAN DUBINSKY STEPHANIE DUBINSKY

I declare under penalty of perjury that I am employed in the office of a foregoing is true and correct.

23 member of the bar of this Court at whose direction this service was made and that the 24 25 26 27 28 1
PROOF OF SERVICE RE [PROPOSED] AMENDED PROTECTIVE ORDER: CV06-1382 RSWL (CWX)

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Executed on January 7, 2009, at Los Angeles, California. By: /s/ Robert J. McGahan Robert J. McGahan GOODWIN PROCTER LLP Attorneys for Defendant, Counterclaimant and Judgment Creditor WHAM-O, INC.

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PROOF OF SERVICE RE [PROPOSED] AMENDED PROTECTIVE ORDER: CV06-1382 RSWL (CWX)