Robert G. Perrin et al v. Southwest Water Company et al

Filing 145

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 130 . ***** NOTE CHANGES MADE BY THE COURT. ***** SEE ORDER FOR DETAILS. ***** (mp)

Case 2:08-cv-07844-DMG-AGR Document 130 Filed 03/03/14 Page 1 of 29 Page ID #:4047

I GLANCYBINKOW & GOLDBERG LLP
2 Lionel Z. Giancy (#134180)
Ex Kano S. Sams II (#192936)
: Robett V. Prongay#270796)
4. 1925 Century Park East, Suite 2100
Los Angeles, California 0067
Telephone: [phone]
6 Facsimile: [phone]
E-mail: infoglancylaw.com

MANDATORY

CHAMBERS CO

8 CO IIN MILSTEIN SELLERS & TOLL PLLC
Daniel S. Sommers (pro hac vice)
S. Dou1us.Bunch
10 JoshuaM. Koisky
ii 1100 New York Avenue, N.W., Suite 500 West
12 Wahing1on, D., 20005
Telephone: (202): 408-4600
13 Facsimile: [phone]
14
and the Clads
co-Lead Counsel for Plaint
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALJONIA

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25
26

Dfen

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STIPULATION AND (PROPOSED] ORDER
O0VERNNG CONFIDENTIALITY OF DISCOVERY MATERIALS

I)
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11 1. PURPOSES AND LIMITATIONS
Disclosure, and discovery activity in this action may involve production
confidential, proprietary, and/or private information for which special protecti
from public disclosure and from use for any purpose other than prosecuting
defending this litigation would be warranted. Accordingly, the parties here

8 stipulate and agree to the following Protective Order ("Order"), subject to Co’
9
approval. The parties acknowledge that this Order does not confec.61 ani
ii protections on all disclosures or responses to discovery and that the protection
12 affords extends only to the limited information or items that are entitled under t
1.

14 applicable legal principles to treatment ast confidential. The parties tirUi
IS acknowledge, as set forth in Section 11, below, that this lStipulated,Protecti
16
Order does not entitle them to tile confidential information under seal. The parLi
IS agree to ubide by applicable rules and procedures when a party seeks
b,

go

I) from the court to file material under seal.
20
DEFINITIONS
21 2.

I

2.1

Challenging Party: A

Party or Non-Party that challenges ti

23
24 designation of information or items under this Order.
2.2 "Confidential" 1 formation or Items: Information (regardless of 1)0w
26

27 is generated, stored, or , maintained) or tangible things that qualify for protectiur

28

under Federal Rule of Civil Procedure 26(c).

STIPULATION AND (PROPOSED) ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

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2.3 Counsel (without qualifier): Outside Counsel of Record and Jn-flous
2’
Counsel (as well as their support staffs).
14 Desinatin Pat: A Party or Non-Party that designates inforrnatioi

4
6J

or items produced in disclosures or in responses to discoveiy, as "Confidential."
__________
2.5 Disclosure or Discovery Material: All information or items,

8 regardless of the medium or manner generated, stored, or maintained including,
9
10 among other things, testimony, transcripts, or tangible things) that are produce
11" or generated in disclosures or responses to discovery in this matter.
12
13

2.6 Exnert andior Consultant: A person who has been retained by a Part)

14

I or its Counsel to serve as an expert witness or as a consultant in this action. Thi.

IS

definition includes a professional jury or trial consultant retained in eoiincctioi
with this litigation.

18

I

2.7 "tly Confide nt ial"j_nfoation or Items: Extremely sensitiv

19 "Confidential" product-, competitive-, or technology-related information or items
20
2.! I disclosure of which to another Party or Non-Party would create a substantial risk ol
22 serious harm that could not be avoided by less restrictive means.
2,3-;, I
2.8 In-House Counsel: Attorneys who are employees of a Party. In-House
24
25 Coun$el does *include Outside Counsel of Record or any other outside counsel.
2.9 Non-Party: Any natural person, partnership, corDoration, association
28

or other entity not named as a Party to this action.
2
STIPULATION AND (PROPOSED] ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

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2.10 Outside Counsel of Record: Attorneys who are not employees of
Party but who are retained to represent or advise a Party in this action or ha

4

appeared in this action on behalf of that Party or are affiliated with a. law tin

’ which has appeared on behalf of that Party, including independent contrw
attorneys and third-party investigators hired by outside counsel who have signe
8 the "Agreement to Be Bound By Protective Order" (Exhibit A).
9
2.11 By: Any party to this action, including all of its officers, directon
10
II employees, consultants, retained experts, and Outside Counsel of Record (and the:
’support staff).
232 Producing Pay: A Party or Non-Party that produces Disclosure o

14

15 Discovery Material in this action.
16
2,13 Professional Vendors: Persons or entities that provide litigatioi
17
18 support services (e.g., photocopying; videotaping; translating; preparing exhibits o
19 demonstrations; organizing, storing, retrieving data in any form or medium;

ctc.

21 and their employees and subcontractors.
22

2.14 Protected Material: Any Disclosure or Discovery Material that h

23
24

j,designated as "Confidential."

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26
27
28

2.15 Receiving Party: A Party that receives Disclosure or 1)iscover)
M
3.

from,a Producing Party.
SCOPE
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STIPULATION AND [PROPOSED] ORDER
GOVERNING CONFIDF.NTIALITVOP DIScOVERY MATERIALS

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The protections conferred by this Stipulation and Order cover not oni.
2

Protected Material, but also (1) any information copied or extracted therefrom, (2
all copies, excerpts, summaries, or compilations thereof, and (3) any testimony
conversations, or presentations by Parties or Counsel to, or in, court or in othe

6

settings that reveal Protected Material
8

The protections conferred by this

Stipulation and Order, however, clo not cover information that

Is

in the pubh

9

domain at the time of disclosure to a Receiving Party of becomes part of the publi
domain after its disclosure to a Receiving Party as aresujt of publication no

11
12
13
14

involving a violation of this Order, including becoming part of the public recor
through trial or otherwise Any use of Protected Material at trial shall be

governe

15 by a separate agreement or order.
l
4.
DURATION
Il
18
Even after the final termination of this litigation, the cnfidentrali
19 obligations imposed by this Order shall remain in effect until a Designating Part
agrees otherwise in writing or a Court order otherwise directs Final

21
22

to ’ loatip
_

shall be deemed to be the later of (II) dismissal of all claims and defenses in thi

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24 action, with or without prejudice, and (2) final judgment herein after th

25 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews o
26
this action, including the time limits for filing any motions or applications lb
27

extension of time pursuant to applicable law.

28

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STIPULATION AND [PROPOSED] ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

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5.

21

DESIGNATING PROTECTED MATERIAL

5.1

Exercise of Restraint and Care....in Des gnatin.

cjpicciI.0

To the extent it is practical to do so, each Party or , Non-Party that designate
information or items for protection under this Order must take care to limit an
such designation to specific material that qualifies under the appropriate standard
8 set forth in Fed. R. Civ. P. 26(c). The Parties have established a procedure to rnee
and confer to resolve challenges to specific confidentiality designations, as se
ii forth below in Section 61. Designations that are shown to be clearly unjustified o:
Pi
13

made for an improper purpose (e.g., to unnecessarily encumber or delay the Cast

1

14

development process or to impose unnecessary expenses and burdens on

1

oth

parties) may , expose the Designating Party to sanctions.

16 1

5.2

_ Materia): If it comes to a Designating Party’s or

18 Non-Party’s attention that information or items that it designated for protection dc
19 I
not qualify for protection, that Designating Party or Non-Party must promptly

20

notify all other parties that it is withdrawing the mistaken designation.
22
5.3 Manner and Timing of Desigp: Except as otherwise provided in
23 1
24 this Order, or as otherwise stipulated or ordered, material that qualifies for
25
’6

27

protection under this Order must be clearly so designated before the material is
disclosed or produced.
II

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STIPULATION AND [PROPOSED] ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATrR1ALS

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Case 2:08-cv-07844-DMG-AGR Document 130 Piled 03/03/14 Page 7 of 29 Page ID #:4053

1i

(a)

Information ini documentary form (e.g., paper or electronic

documents, but excluding transcripts of depositions or other pretrial or tria
4

proceedings). To designate information in documentary form as Protecte
Material, the Producing Party shall affix the legend "Confidential" to each page
that contains protected material.
A Party or Non-Party that makes original documents oi materials availabl
for inspection need not designate them for protection until after the mspectin

ii Party has indicated which material it would like copied andproduced. During
IL

14

lii

inspection and before the designation, all of the material made available fo
inspection shall be deemed "Confidential." After the inspecting Party ha

IS identified the documents it wants copied and produced, the Producing Party mus
16
determine which documents, or portions thereof; qualify for protection under thi
18 Order. Then, before producing the specified documents, the Producing Party ma
19 affix the "Confidential" legend to each page that contains Protected Material.
20
A Party may have the right to designate documents produced by anothe
21
Party or Non-Party "Confidential" subject to the terms of this Order including, bu1
24

not limited to, the provisions for challenging confidentiality designations set fort

25 in Section 6, below. Within 21 days of receipt of such documents, the Designalin
26
27 Party shall provide notice to all other Parties and the producing Non-Party of sue
28

designation. After receiving this notice and upon agreement from the Producingi
6.
STIPULATION AND [PROPOSED) ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

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Case 2:08-cv-07844-DMG-AGR Document 130 Piled 03/03/14 Page 8 of 29 Page ID #:4054

I Party, the Designating Party or the Producing Party or Non-Party shall afflx
2
"Confidential" legend to the documents designated.
4

(b)

ietimony given

in

thi

deposition or in other pretrial proceedin gs

To designate testimony given in deposition, pursuant to letters rogatozy,orin othe
6
pretrial proceedings as Protected Material, any Party or the Non-Party offering thi
8 testimony, may identify all protected testimony. A Party or Non-Party that offer
9
10 or gives the testimony shall have 21 days aft receipt of the transcript to identit
er
11 the specific portions qf the testimony s to which protection is sought and t’
12 specii the level of:p1Otect!on being asserted. Only thoseportions: dfthd.te$tJmq6
13
14 that are appropriately designated for protection within 21 days after receipt of Cli
15 transcript shall be covered by the provisions of this Order. All testimony given
16
depositions, pursuant to letters rogatory, or in other pretrial proceedings shall b

ii

18 designated as "Confidential" from the date of the testimony until the expiration a
the 21 days following receiptof The transcript,
2

To the extent it is practicable to do so, parties shall give the other partic

22 general notice if they reasonably expect a deposition, hearing, or other proceedini
23
24 to include Protected Material so that the other parties can ensure that onl
25 authorized individuals who have signed the "Agreement to Be Bound B
26
27 Protective Order" (Exhibit A) are present at those proceedings. The use of
28
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STIPULATION AND [PROPOSED] ORDER
GOVERNING CONPiDENT1AL1TY OV DISCOVERY MAThRiALS

i

Case 2:08-cv-07844-DMG-AGR Document 130 Filed 03/03/14 Page 9 of 29 Page ID #:4055

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document as an exhibit at a deposition shall not in any way affect

its designation n

I
Ss

4

Transcript pages containing Protected Material must be separately bound b:
the court reporter, who must affix to the top of each such page

the legent

(1

7 "Confidential," as instructed by the Party or Non-Party designating the testimony.
(c)

jr!JflaflQp_ .j9duccd i n.

other than documentary

9

10 and any other tangible items. To designate information produced in same forn
II
12

other than documentary and other tangible items as Protected Material, th
Producing Party shall affix in a prominent place on the exterior of the containe

13

14

or containers in which the information or item is stored the 11egeni

IS "Confidential."
16

17

A Party may designate non-documentary materials produced by anothe

18 Party or Non-Party as "Confidential," subject to the same requirements as Sctioi
19

20 5.3(a) above.
21

5.4 inadverten.jures to Designate: If timely corrected, an inadvcrtcn
t

22 failure to designate qualified information or items or testimony as "Confidential’
23
,4 does not, standing alone, waive the Designating Party’s right to secure protectio.
25 under this Order for such material. Upon timely correction of a designation, th
Receiving Party must make reasonable efforts to assure that the material is trcatc’
28 in accordance with the provisions of this Order.
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STIPULATION AND [PROPOSED] ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

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Case 2:08-cv-07844-DMG-AGR Document 130 Piled 03/03/14 Page 10 of 29 Page ID
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5.5
2

"Highly Confidential" Information or items: A Party may 4gnate

"Highly Confidential" information or items pending entry of a suitable

4 supplemental protective order concerning their treatment unless the Court rules th
material is not entitled to such protection Pending entry of a supplementa
6

protective order, or as otherwise agreed to by ,all Parties, the Parties will treat such
: material as "Confidential."
9

10
ii

6 CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1 Timmg of Challen ges Any Party or Non-Party may challenge

12 designation of confidentiality at any time Unless a prompt challenge to
13
14 Designating Party’s confidentiality designation is necessary to avoid foreseeable
substaiiiial unfairness, unnecessary economic burdens, or a latersigniuiean
16

17 disruption or delay of the litigation, a Party does not waive its right to challenge
18

confidentiality designation by electing not to mount a challenge promptly afterth
original designation is disclosed

21

6.2 Me* and Confer A Party that elects to initiate a challenge to

22 OWN entiailty designation must do so in good faith and must confer directlyWith
23
24

Counsel fpr the Designating Party In conferring, the Challenging Party. xnus

25 explarn the basis for its belief that the confidentiality designation was not prope
26
27 and must give the Designating Party an opportunity to review the designate
28

material, to reconsider the circumstances, and, if no change in designation ij.
9
STIPULATION AND (PROPOSED] ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

Case 2:08-cv-07844-DMG-AGR Document 130 Filed 03/03/14 Page 11 of 29 Page ID
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offred, to .xpIain the basis tbr the chosen designation. A Challenging Party
proceed to the next stage of

the challenge proc.es only if it has engaged in

4 meet and conthr process first or establishes that the Designating Party is unwi.

10
STIPULATION AND IPROPUSED) ORD1R
GOVERNINC) CONVIDENTIALITY OF D1SCOVIRY MATEIWLS

Case 2:08-cv-07844-DMG-.AGR Document 130 Filed 03/03/14 Page 12 of 29 Page ID
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document it seeks to protect, of showing that the confidentiality designation 1
2:

proper uner the terms of this Order.

4

Notwithstandmg any challenge to the designation of matenal as Protecte

J

Materia1 all such documents shall be treated as such and shall be subject to

the

provisions of this Order unless and until one of the following occurs’,;(a) th

8 Designating Party, withdraws such designation in writing to all Parties and no othe
9
10 Party has designated that material as Protected Material; or (h) the Court, , rules th
II material is not Protected Material.
2

13,
41

ACCESS TO AND USE OF PROTECTED MATERIAL

7.1

Basic Principles: A Receiving Party may use Protected , Material tha

is disclosed or produced by another Party or by a Non-Party in connection will
16
this case only for prosecuting, defending, or attempting to settle this litigation
18 Such Protected Material may he disclosed only to the categories of persons anc
under the conditions described in this Order. When the litigation has been
21

terminated, a Receiving Party must comply with the provisions of Section 13

28
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STIPULATION AND fPROPOSED] ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

Case 2:08-cv-07844-DMG-AGR Document 130 Piled 03/03/14 Page 13 of 29 Page ID
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7.2 Disclosure of "Confidential" Information or items: Unless oilier
ordered by the Court or permitted in writing by the Designating Party, a Recd

4 Party may disclose any information or item designated "Confidential" only to:
(a)

the Receiving Party’s Outside Counsel of Record in this ac

6

as well as employees of said Counsel of Record, including any outside vej
.11

8 providing litigation support or photocopying services, to whom it is reason
necessary to disclose the information for this litigation;

To

(b)

the officers, directors, and employees (including InFic

12 Counsel) of the Recaiving Party to whom disclosure is reasonably necessary
’3
14 this litigation and who have signed the "Agreement to Be Bound By Protec

I

15
17

A

(c) Experts and/or Consultants of the Receiving Party to w

18 disclosure is reasonably necessary for this litigation and who have signed
19

"Agreement to Be Bound By Protective Order" (Exhibit A);

21:

the Cou court personnel, potential jurors, jurors, or alter;

23
24

(e)

court reporters or videographers and their staff, mediators ai

25 their staff, professional jury or trial consultants, mockjurors. and Profession
26
Vendors to whom disclosure is reasonably necessary for this litigation and wi

27.

28 have signed the "Agreement to Be Bound By Protective Order" (Exhibit A);
12
STIPULATION AND [PROPOSED] ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

Case 2:08-cv-07844-DMG-AGR Document 130 Filed 03/03/14 Page 14 of 29 Page ID
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(f)
2
3
4
5

the author or recipient of a document containing

information or a custodian or other person who otherwise possessed or knew
information and who has signed the "Agreement to Be Bound By Protee
(Exhibit A); and

6
7

(g) during their depositions, witnesses in the action to

8

osure IS reasonably necessary and who. have signed the "Agreement W,13

l0
Ii
12

W by Protective Order" (Exhibit A), unless otherwise agreed by
nating Party or ordered by the Court Pages of transcribed

th

deposftio

stimony or exhibits to depositions that reveal Protected Material must

13
14

parately bound by the court reporter and may not be disclosed to anyone ex

1:5

permitted under , this Order.

16

PROTECTED. MATERIAL SUBPOENAED ORCkFJ
PRODUCED IN OTHER LITIGATION
18
19
20
21

If a Receiving Party is served with a subpoena or an order, issued in
gation that compels disclosure of any information or items designated in
Jon as "Confidential," the Receiving Party must so notify , the Designating P

22

writing (by email,
24
25
26.
27
28

if

possible) immediately and in no event more than five c

Vs after learning of the receipt of the subpoena or order, Such notification i
b:a copy Of the subpoena or court order.
The Receiving Party also must inform in writing as soon as reasonabi
ahla the party who caused the subpoena or order to issue in the othe
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STIPULATION AND [PROPOSED) ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATIPJALS

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I
2

litigation that some or all of the material covered by the subpoena or order isith
subject of this Order. In addition, the Receiving Party must deliver a copy of thts

4 Order promptly to the party in the other action that caused the subpoena or order I
issue,
6
If the Designating Party timely seeks a protective order, the Party rye
S with the subpoena or court order shall not produce any information designated in
9

10

this action as "Confidential" before a determination by the court from which th

J1 subpoena or order issued, unless the Party, has obtained the Designating Party’
12

permission

13

The purpose of imposing these duties is to alert the interested parties to th
existence of this Order and to afford the Designating Party in this case an
16

17 opportunity to try to protect its confidentiality, interests in the court from which the

tho

18 subpoena or order issuedi The Designating Party shall bear the burdens and
expenses of seeking protection in that court of its confidential material - an
21

nothing in these provisions should be construed as authorizing or encouraging

22 Receiving Party in this action to disobey a lawful directive from another court
23;
24 9 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
PRODUCED IN THIS’ ’TIGATION
25

26
27

Z8.

y

BIE

L4t)

(a) /\The terms of this Order are apIlicable to information produced by
Non-Party in this action and designated as "Confidential" Such information
produced by a Non-Party in connection with this litigation is protected by th
14
STIPULATION AND fPROPOSEDJ ORDER
GOVFRNING CONFIDENTIALITY OF DISCOVERY MATERIALS

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ndies and relief provided by this Order, Nothing in these provisions should

2 construed as prohibiting a Non-Party from seeking additional protections
4

(b)

In the event that a Party is required, by a valid discovery request, I

produce a Non-Party’s confidential information in its possession, tand the Party it
6
subject to an agreement with the Non-Party not to produce the Non-Party’
8 confidential information, then th Party shall
9
1
promptly notify in writing the Requesting Party and the Non
10
ii Party that some or all of the information requested is subject to a 10 onfidentIa1r
12

agreement with a Non-Party,

13
4

2

promptly provide the Non-Party with a copy of this Protectiv

15 Ordet, the relevant discovery request(s), and a resonbIy specific description a
16
17 the information requested, and
18

3

make the information requested available for inspection by th

19 Non-Party.
20
(c) If the Non-Party fads to object or seek a protective order from thi
21
22 court within 14 days of receiving the notice and accompanying information, th
23.
24 Receiving Party may produce the Non-Party’s confidential information responsive
i
25 to the discovery request If the Non-Party t imely objects or seeks a protectiv
26
order, the Receiving. Party shaIJ not produce any information. in its possession o
2?

28 control that is subject to the confidentiality agreement with the Non-Party before
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STIPULATION AND (PROPOSED] ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

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2

Page 17 of 29 Page ID

determination by the court. Absent a court order to the contrary, the .Non-Par
shall bear the burden and expense of seeking protection in this court of i
Protected Material.
10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

6
If a Receiving Party learns that, by inadvertence or otherwise, it hi
disclosed Protected Material to any person or in any circumstance not authorize
9
10

under this Order, the Receiving Party must immediately (a) notify in writing

0

i Designating Party of the unauthorized disclosures, (b) use its best efforts to retrIes
12
all copies of the Protełted Material, (c) inform the person or persons to whoi
13
14 unauthorized disclosures were made of- the applicable terms of this Order, and (
15

request such person or persons to agree to execute the "Agreement to Be Bound B

16

17
IS

Protective Order" that Js attached hereto as Exhibit A
IL FILING PROTECTED MATERIAL
Without written perpthsion from the Designating Party or a

court.

20

21

secured after appropriate notice to all interested persons, a Party may not file in th

22

public record in this action any Protected Material A Party that seeks to file und

23

24 seal any Protected Maleiial must coa ply with applicable rules ard ;pe0CdUtei
25

Protected Material may only be filed under seal pursuant to a court orde
authorizing the sealing of the specific Protected Material at issue

28 12.

INADVERTENT PRODUCTION OF PRIVILEGED 01
OTHERWISE PROTECTED MATERIAL
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STIPULATION AND [PROPOSED] ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

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12.1 Pursuant to Federal Rules of Evidence 502(d) and (e), the inadvcrcn
production of information that is privileged or otherwise protected will not operat
as a waiver of privilege or work-product protection in this proceeding or in an

4

other federal or state proceeding. For purposes of this Order, an inadverien
production includes a production without prior review of the information fm
privilege or work product, or with use of linguistic tools in screening for privi leg
or work-product protection. Nothing in this Section precludes a Party fro
ii otherwise challenging .4 claim of privilege or work-product protection.
12

12.2 En the event that privileged or otherwise protected information I

13

inadvertently produced, the following procedures will apply:

14
15

(a)

If a Producing Party discovers that it inadvertently produce

16

information that the Producing Party claims is privileged or otherwise protcete

17

18work product, the Producing Party will promptly: (1) advise the Receiving Party.o
19

the inadvertent disclosure in writing (unless written notification is imprnctical)

20
21

and (ii) explain the basis for the claim of privilege or work-product protection

22

After being notified, the Receiving Party shall treat the information incomplianc

23

24 with the procedures set forth in Federal Rule of Civil Procedure 26(b)(5)13).
25

(b)

If a Receiving Party , discovers information that it reasonabi

believes to he privileged or protected work product, the Receiving Party will Irea
28.1

I

the information in compliance with Federal Rule of Civil Procedure 26(b)(5)(B
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STIPULATION AND [PROPOSED] ORDER
GOVERNING CONFIDENTIALITY or DISCOVERY MATERIALS

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1

and notify the Producing Party of the disclosure and identify the information. The
Producing Party then has five (5) business days to: (i) confirm whether it intends to

4

assert that the information is privileged or work product; and (ii) provide the basis
for the claim of privilege or protection. The Receiving Party shall at all times irea
the specified information in accordance with the procedures set forth in Fe.dera
Rule of Civil Procedure 26 (b)(5XB) ,
(c)

II
12

To the extent the Receiving Party challenges the claim a

privilege or work product under this Section, the Parties must meet and confer i
an attempt to resolve the matter. If the Parties cannot resolve the dispute, the Pa

13
challenging the claim of privilege or work product shall have a reasonable nrnoun
15

of Aime to present the issue to the Court consistent with Federal Rule of

twl

16
17

is
19
20

Procedure 26(b)(5)(B).
(d)

If a Party receives information that it does not rcnsouabl

believe to be privileged or otherwise protected work product, disclosure or use a

21 the information by the Receiving Party, including production to a third part
22 before notice from the Producing Party that the information was inadvertentl
produced, will not be deemed a violation of this Order.
circumstances, however, , theReceiving Pvty precluded from at
.:is

Under thes
that

Eroducg Party waived privilege or work-product protection based solely on
28

1$
S 1PULAT1O AND PROPOSEDJ ORbER
GOVERNTNO COIFJbENTlALiT’Y OF DISCOVERY MATERIALS

)

Case 2:08-cv-07844-DMG-AGR Document 130 Filed 03/03/14 Page 20 of 29 Page ID
#:4066

I
2

Receiving Party’s disclosure of the inadvertently produced information to a thi
party.
If the Receiving Pam’ disclosed the inadvertently produc
information to a third party before receiving notice of a claim of privilege or,
wor

6

product protection, it must take reasonable steps to retrieve the information and
8 return it, sequester it until the claim is resolved, or destroy it.
9

10
11
12

(0

If, during a deposition, the Producing Party, asserts for the fir

time that information contained in a marked exhibit was inadvertently proclucc
and is privileged or protected work product and the Receiving Party. disputes 11

14 assertion, the Receiving Party may present the information to the Court under ,se

IS for a determination of the claim on an expedited basis, where appropriate, an
Y

18

reserve the right to seek to question the deponent regarding the challenge

I information on an expedited basis, if necessary, to the extent not privileged c

19 protected The Producing Party shall make reasonable efforts to cooperate with
20
21 Receiving Party regarding additional questioning, if any, on such information

th

22 the extent ordered by the Courts
23
(g) Compliance with Federal Rule of Civil Procedure
24
25 does not waive the Receiving Party’s right to challenge the Producing Party’
26
assertion of privilege or work-product protection.
27
28

11 FINAL DISPOSITION
19
STIPULATION AND [PROPOSED] ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

)

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20
rIPu1,AI’ION ANI) LPROPOSLDI ORDER
GOVERNNO CON IDIiNlIA1..JTY (iF DISCOVERY MAFEIUAL.S

Case 2:08cv07844-DMG-AGR Document 130 Piled 03/03/14 Page 22 of 29 Page ID
#:4068

1

14.1 Right to Further Re1ief. Nothing in this Order abridges the right of ’a

2

person to seek modification of this Order by proper application to the Court

4 notice to the other Parties hereto for good cause.
6

14.2 Right to Assert Other Objection s: By stipulating to the entry of ti

.

Protective Order, no Party waives any right it otherwise would have to object
disclosing or producing any information or item on any ground not addressed
this Order. Similarly, no Party waives any right to object on any ground to use
11 evidence of any of the material covered by this Order.
143 No Waiver: Entering into, agreeing to, and/or producing or receivi
13
14 material designated as "Confidential," or otherwise complying with the terms
15 this Order shall not:

F

(a)

Operate as an admission by any party that any particul

18 material designated as Protected Material constitutes or does not constitute tra
secrets, proprietary or commercially sensitive information, or any other type
2

Protected Material;

22

(b) Prejudice in any way the rights of the Parties to iobject to ti
23
24 production of documents they consider not subject to discovery;
25

c)

Prejudice in any way the rights of any Party to object to ti

authenticity, or admissibility into evidence of any document, testimony, or oth
28 evidence subject to this Order;
21
STIPULATION AND (PROPOSED) ORDER
GOVfRNJNG CONFIDENTIALITY OF DISCOVERY MATERIALS

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#:4069

I

(d)

Prejudice in any way the rights of a Party to petition the Cou

for a further protective order relating to any purportedly Protected Material;
4

I

(c)

Prevent the Parties to this Order from agreeing in writing or o

the

the record during a deposition or hearing in this action to alter or waive
6

provisions or protections provided for herein with respect to any particula
8 information or material;
9
.
( f)
Be deemed to waive any applicable privilege or work produc

10

II protection, or to affect the ability of a Party to seek relief for an inadverten
12

disclosure of material protected by privilege or work product protection; and/or

13

14
15

(g) Prevent a Party or Non-Party from objecting to discovery that"’
believes to be improper, including objections based upon the privileged

16

17 confidential, or proprietary nature of the Protected Material requested.
18

14.4 subject to Jurisdiction; All persons who have access to information o
material designated as Protected Material under this OrJer acknowledge that the

21 are bound by this Order and submit to the jurisdiction of this Court for
22,

ffic.

purposes of enforcing this Protective Order.

23
24

IT IS SC) STIPULATED, THROUGH COUNSEL OF RECORD.’.

25 , Dated: FebnlaryZ 7, 2014

GLANCY BINKOW & GOLDBERG LLP

26

Lionel Z. Glancy
22
STIPULATION AND [PROPOSED) ORDER
GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIALS

Case 2:08-cv-07844-DMGAGR Document 130 Filed 03/03/14 Page 24 of 29 Page ID
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Robert V. Prongay
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]

2

4

Daniel S. Soinmers

5

S. Douglas Bunch
Joshua M. Koisky
COHEN MTLSTEIN SELLERS .& TOLL
PLLC
11, 00 New York Avenue, N.W.
1
Suite 500, West Tower
Washington, D.0 20005
Telephone: [phone]

6
7
8

10
It

Attorneys for Lead Plaintff

12
13
Dated February a2014
Is

DLA P[PER LU’

BY

16

Robert W. 3ownlie
Ger3rd A. Nippitelli
Jennifr M. Fe1dmn

17

8

4018- Street, Suite 1700
San Diego, CA 92101-4297
Telephone: [phone]
Facsimile: 619.699.2701

19
20
21

A ttorna for Defendants

22
2.

17
IT IS SO ORDERED.

27

TRATE
RTED STATES MAGISTRATE

i
J

STIPULATION AND [PROPOSED] ORDER
GOVFRN1NO CONFIDENTIALITY OF DISCOVERY MATIRJALS

)

Case 2:08-cv-07844-DMG-AGR Document 130 Filed 03/03/14 Page 25 of 29 Page ID
#:4071

1

EXHIBIT A

2

AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

flrtt or:
4
S

type full

name], o:

[print or type full address], declare under penalty o
perjury that have read in its entirety and understand the ProtetiveOrder that

6 issued by the United States District Court for the Central District of California or
[date] in the case of The Hemmer Croup v $outh West Water Co, et a!
Case Number CV 08-07844 DMG (AGR). 1 understand that the Protective Order,

8

a copy of which has been given to me, prohibits me from disclosing or using in any
manner any information or items subject to the Protective Order to any person oi
12 entity except in strict compliance with the provisions of the Protective Order 1
agree to comply with and to be bound by all the terms of this Protective Order and
understand and acknowledge that failure to so comply , could expose me to
14
15 sanctions and purnshrnent in the nature of contempt I solemnly promise that I will
16 not disclose or use in any manner any information or item that is subject to th
17 Protective Order to any person or entity except In strict ompli aitce with

The

provisions of this Protective Order.
19

1 further agree to submit to the jurisdiction of the United States Distile

20 Court for the Central District of California for the purpose of enforcing the term
21 of this Protective ’ Order, even if such enforcrnent proceedihgs occur aite
22 termination of this action,
Z3.I hereby appoint
[print or type full name] o
24
[print or type full address and telephone number] as ni

1

25 agent for service of process in connection with this action or any proceeding4
21;

related to enforcement of this Protective Order.

27
28 Il
24
STIPULATION AND [PROPOSED) ORDER
GOVERNING CONFIDENTIALfFY OF DISCOVERY MATERIALS

Case 2:08-cv-07844-DMG-AGR Document 130 Piled 03/03/14 Page 26 of 29 Page ID
#:4072

2

4
5
6
7

’8
9
10
II
12
’.3
14

16
’7

1:9
20

:23
4.
25:

26:
27

STIPULATION AN1 [PROPOS1O] c*DIR

OOVERNIN CQNrrDRNT(ALflY OF D1SCiyY MAMMALS.