Sheri H. Gilbert v. New Line Productions, Inc.

Filing 498

PROTECTIVE ORDER by Magistrate Judge Ralph Zarefsky re Stipulation for Protective Order 495 . (Note changes made by the Court). (ib)

1 WHITE O'CONNOR FINK & BRENNER LLP Lee S. Brenner (STATE BAR NO. 180235) 2 Allison S. Brehm (STATE BAR NO. 224029) 10100 Santa Monica Boulevard, Twenty-Third Floor 3 Los Angeles, California 90067-4008 Telephone: [phone] Facsimile: [phone] [e-mail] 5 [e-mail] 6 Attorneys for Thirty-Four Defendants 7 SINGER & GARTEISER URT Randall T. Garteiser (SBN 231821) HE CO 8 1766 Union Street E BY T S MAD San Francisco, California 94123 ANGE 9 Telephone: [phone] TE: CH NO Facsimile: [phone] 10 [e-mail] 11 Attorneys for Plaintiff Sheri H. Gilbert 12 13 15 16 v. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION Plaintiff, CASE NO. 2:09-cv-02231 RGK (RZ) (The Honorable R. Gary Klausner) [PROPOSED] PROTECTIVE ORDER DISCOVERY MATTER [Fed. R. Civ. P. 26(c); L.R. 7-1] The Honorable Ralph Zarefsky (U.S. Magistrate Judge) Date Discovery Re-Opened: Trial Date: April 5, 2010 September 7, 2010

14 Sheri H. Gilbert, an individual,

17 NEW LINE PRODUCTIONS, INC., a California Corporation; NEW LINE 18 HOME ENTERTAINMENT, INC., a New York Corporation; NEW LINE 19 INTERNATIONAL RELEASING, INC., a California Corporation; NEW 20 LINE TELEVISION, INC., a California Corporation; NEW LINE CINEMA 21 CORPORATION, a Delaware Corporation; TURNER 22 BROADCASTING SYSTEM, INC., a Georgia Corporation; WARNER 23 HOME VIDEO INC., a Delaware Corporation; WARNER BROS. HOME 24 ENTERTAINMENT, INC., a Delaware Corporation, formerly d/b/a Warner 25 Home Video, Inc.; WARNER BROS. ENTERTAINMENT INC., a Delaware 26 Corporation; WARNER COMMUNICATIONS INC., a 27 Delaware Corporation; TIME WARNER, INC., a Delaware 28 Corporation; BENDER-SPINK, INC., a
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PROTECTIVE ORDER

1 California Corporation; CHRIS BENDER, individually and as an agent 2 of Bender-Spink, Inc.; J.C. SPINK, individually and as an agent of Bender3 Spink, Inc.; SPRING CREEK PRODUCTIONS, INC., a California 4 Corporation; PAULA WEINSTEIN, individually and as an agent of Spring 5 Creek Productions, Inc.; AVERY PIX, INC., a California Corporation; 6 AVERY PRODUCTIONS, INC., a California Corporation; KUMAR 7 MOBILIENGESELLSCHAFT MBH & CO. PROJEKT NR. 1 KG, a German 8 Company; MICHAEL FLYNN; NUYORICAN PRODUCTIONS, INC., 9 a California Corporation; JULIO CARO; ROBERT LUKETIC; 10 FIRECRACKER PRODUCTIONS, INC., a California Corporation; ANYA 11 KOCHOFF, a/k/a Anya Kochoff Romano, f/k/a Anya Kochoff Landes, 12 individually and as an agent of Firecracker Productions, Inc.; 13 WRITTEN IN STONE, INC., a California Corporation; RICHARD 14 LAGRAVENESE, individually and as an agent of Written in Stone, Inc.; 15 JANE FONDA; JENNIFER LOPEZ, individually and as an agent of 16 Nuyorican Productions, Inc.; MICHAEL VARTAN; WANDA 17 SYKES; MIGUEL A. NUNEZ, JR.; VILLAGE ROADSHOW PICTURES 18 ENTERTAINMENT INC., a Delaware Corporation; VILLAGE ROADSHOW, 19 LTD, an Australian Corporation; SANTA FE PRODUCTIONS NV, a 20 Belgian Public Limited Liability Company, d/b/a Paradiso 21 Entertainment; PARADISO ENTERTAINMENT NEDERLANDS 22 BV, a Dutch Private Limited Company; PARADISO HOME 23 ENTERTAINMENT, a Dutch Company; ENTERTAINMENT FILM 24 DISTRIBUTORS LTD, a British Corporation; METROPOLITAN 25 FILMEXPORT, a French Corporation; CW MEDIA, INC., a Canadian 26 Corporation, f/k/a Alliance Atlantis Communications Inc., d/b/a Motion 27 Picture Distribution LP; CW MEDIA SALES INC./CW VENTES MEDIA 28 INC., a Canadian Corporation;
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1 CANWEST GLOBAL COMMUNICATIONS CORP., a 2 Canadian Corporation; ALLIANCE FILMS, INC., a Canadian Corporation, 3 f/k/a Alliance Atlantis Communications Inc., d/b/a Motion Picture Distribution 4 LP; YLEISRADIO OY, a/k/a YLE, a Finnish Company; FS FILM OY, a 5 Finnish Company; DISTRIBUTION COMPANY, S.A., an Argentinean 6 Company; THE ENDEAVOR AGENCY, LLC, a Delaware Limited 7 Liability Company; ADRIANA ALBERGHETTI, individually and as an 8 agent of the Endeavor Agency, LLC; THE INDEPENDENT FEATURE 9 PROJECT, INC., a New York Corporation; FILM INDEPENDENT, 10 INC., a California Corporation, f/k/a Independent Feature Project/West; and 11 DOES 1 through 10, inclusive, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Defendants.

NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT

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PROTECTIVE ORDER Plaintiff Sheri H. Gilbert ("Plaintiff") and the Thirty-Four Defendants1

3 (collectively, the "Parties"), through their counsel of record, hereby stipulate to and 4 jointly request that the Court enter a Protective Order as follows: 5 A. Confidential Information. Writings (as that term is defined in Rule 6 1001 of the Federal Rules of Evidence) produced in discovery by any party to this 7 litigation, and/or by third parties in response to document or deposition subpoenas, 8 may be designated in whole or in part by any party or third party as 9 "CONFIDENTIAL," pursuant to this Protective Order if such writings contain the 10 information listed in paragraph B below, trade secret information, personal financial 11 information, personal address or telephone information, or other information over 12 which the producing party has a reasonable expectation of privacy, secrecy or 13 confidentiality, provided that any third party making such designation agrees to be 14 bound by the terms of this Protective Order. Additionally, any party or third party 15 witness may, for the same reasons, designate deposition testimony as 16 "CONFIDENTIAL" stating on the record that a deposition or portion thereof shall 17 be treated as confidential, or may make such designation sometime thereafter, 18 provided that any third party making such designation agrees to be bound by the 19 20 21 22 23 24 25 26 27 28
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The Thirty-Four Defendants are: Adriana Alberghetti; Avery Pix, Inc.; Chris Bender; Bender-Spink, Inc.; CW Media Inc.; Julio Caro; Distribution Company Argentina, S.A.; Firecracker Productions, Inc.; Michael Flynn; Jane Fonda; Anya Kochoff; Kumar Mobiliengesellschaft mbH & Co. PROJEKT NR. 1 KG; Richard Lagravenese; Jennifer Lopez; Robert Luketic; New Line Cinema Corporation; New Line Home Entertainment, Inc.; New Line International Releasing, Inc.; New Line Productions, Inc.; New Line Television, Inc.; Nuyorican Productions, Inc.; J.C. Spink; Spring Creek Productions, Inc.; Wanda Sykes; The Endeavor Agency, LLC; Time Warner Inc.; Turner Broadcasting System, Inc.; Michael Vartan; Warner Bros. Entertainment Inc.; Warner Bros. Home Entertainment Inc.; Warner Communications Inc.; Warner Home Video Inc.; Paula Weinstein; and Written In Stone, Inc. 1

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PROTECTIVE ORDER

1 terms of this Protective Order. Writings designated as "CONFIDENTIAL" and/or 2 testimony designated as "CONFIDENTIAL," and all information derived therefrom, 3 shall be treated as "Confidential Information" pursuant to the provisions set forth 4 below, for the purposes of discovery and the filing of non-dispositive and case5 dispositive motions. 6 B. Subject Matter of Confidential Information. "Confidential 7 Information" includes the following two (2) categories of information : (1) 8 information identified as private, such as social security numbers, financial account 9 numbers, home addresses, and materials regarding the private family matters of one 10 of the writers of Monster-in-Law (such as the circumstances of her divorce); and (2) 11 non-public, commercially sensitive and confidential contracts for the movie 12 Monster-in-Law because such contracts contain private and competitive salary 13 information, tax identification numbers and social security numbers. As for the 14 second category identified, such documents may be marked "CONFIDENTIAL" if 15 the marking or requesting party reasonably believes: (1) the information contains 16 confidential proprietary information; or (2) disclosure of such commercially 17 sensitive information could reasonably harm competitive advantage, or foster a 18 competitive disadvantage; or (3) the disclosure of such confidential information 19 could impair or disrupt future or current business relationships. 20 C. Designation of Confidential Information. All copies and each page of 21 writings or deposition testimony containing Confidential Information must be 22 marked "CONFIDENTIAL." 23 1. If a party wishes to designate testimony or an exhibit as 24 "CONFIDENTIAL" during the course of a deposition in this action, it shall do so by 25 stating such designation on the record. 26 2. The "CONFIDENTIAL" designation shall constitute a 27 representation by counsel for the party or third party making the designation that the 28 designated writings or deposition testimony constitute Confidential Information as
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1 set forth in paragraphs A and B of this Protective Order. 2 3. A party or third party that inadvertently fails to mark an item as 3 "CONFIDENTIAL" shall have ten (10) days after the discovery of the inadvertent 4 production to so mark the item, except that with respect to all items produced but 5 not publicly filed prior to the entry of this Protective Order, such items may be 6 designated as "CONFIDENTIAL" within fifteen (15) days of the entry of the 7 Protective Order and from such time will be treated as Confidential Information 8 pursuant to this Protective Order. Such designation and notice thereof shall be made 9 in writing, accompanied by substitute copies of any documents marked as 10 "CONFIDENTIAL." 11 D. Objection to Designation of Confidential Information. If any party 12 objects to the designation of any writing or deposition testimony as Confidential 13 Information, and the objection cannot be resolved by agreement of counsel, the 14 writing or deposition testimony shall be treated as Confidential Information and 15 subject to this Protective order, unless otherwise ordered by the Court upon motion 16 made by the objecting party pursuant to the applicable rules of procedure. The party 17 designating writings or deposition testimony as Confidential Information shall bear 18 that burden of proof on any such motion. 19 E. Disclosure of Confidential Information. Subject to the further 20 conditions imposed by this Protective Order, Confidential Information may be 21 disclosed, summarized, described, characterized, or otherwise communicated or 22 made available in whole or in part only to the following persons and only for the 23 purposes of and as is necessary for this litigation and shall not be used for any other 24 purpose whatsoever: 25 26 28 signature.
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1. 2.

The Parties, and each of his or her or its agents and employees. Counsel for the parties and their support employees, all of whom

27 shall be deemed bound by the terms of this Protective Order upon counsel's

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1 3 4

3. 4. 5.

A court reporter transcribing any proceeding in this action and The Court and its support employees. Consulting experts or expert witnesses who agree to be bound by

2 that person's support employees.

5 the terms of this Protective Order, and the expert's support employees, who shall be 6 deemed bound by the terms of this Protective Order upon their employer's 7 signature. 8 6. Witnesses or potential witnesses related to this action in 9 proceedings before this Court, including depositions, provided, however, such 10 witnesses may not be given a copy of any Confidential Information and may only be 11 shown Confidential Information. Confidential Information may be attached as a 12 deposition exhibit provided that no witness retains a copy of a deposition transcript 13 that includes Confidential Information. 14 15 17 18 order. 19 F. Acknowledgement Regarding Confidential Information. Prior to the 20 disclosure of any Confidential Information to any individual described in paragraphs 21 E(5)-(9), counsel for the party that has received and seeks to use or disclose such 22 Confidential Information shall first provide a copy of this Protective Order, and 23 shall cause the individual to execute, on a second copy which counsel shall 24 thereafter retain, the following acknowledgment: 25 26 27 28 "I understand that I am being given access to Confidential Information pursuant to the foregoing Protective Order. I have read the Protective Order and agree to be bound by its terms with respect to the handling, use and disclosure of such Confidential Information."
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7. 8. 9.

Mock juries. A mediator, abritrator, or other settlement officer who renders Such other persons as the Parties may agree or the Court may

16 service in this action, and that persons' support employees.

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1 2 G.

Dated:

/s/

Return of Confidential Information. Upon the termination of this

3 litigation, including any appeal pertaining thereto, all Confidential Information and 4 all copies thereof shall be returned to the producing party, except that counsel shall 5 be entitled to retain one copy of all documents produced, copies of all pleadings, 6 briefs, declarations or other papers filed with the Court, all material which 7 constitutes work product and such memoranda embodying Confidential Information 8 to the extent necessary to preserve a file in this matter, so long as such materials are 9 maintained in accordance with the provisions hereof, during and after the pendency 10 of this litigation. All Confidential Information disclosed to any person or party 11 pursuant to any provision hereof also shall be returned as set forth above. 12 H. Subpoena or Request for Confidential Information. If any party who 13 receives Confidential Information receives a subpoena or other request seeking 14 Confidential Information, he, she or it shall immediately give written notice to 15 opposing counsel, identifying the Confidential Information sought and the time in 16 which production or other disclosure is required, and shall object to the request or 17 subpoena on the grounds of this Protective Order so as to afford opposing counsel 18 an opportunity to obtain an order barring production or other disclosure, or to 19 otherwise respond to the subpoena or other request for production or disclosure of 20 Confidential Information. 21 I. Submission of Confidential Information to the Court. To the extent the 22 submission of Confidential Information to the Court is necessary, the Parties shall 23 proceed according to the procedures set forth in Local Rule 79-5 of United States 24 District Court for the Central District. Consistent with Local Rule 79-5, the party 25 seeking to submit the Confidential Information shall submit an application, a 26 proposed order, and the Confidential Information for filing under seal, and may file 27 the Confidential Information under seal only if the Court so orders. 28 J. Limitations of Protective Order. Notwithstanding any other provision
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1 herein, and without prejudice to the right of any person to seek any additional 2 protective order or modification of this Protective Order, this Protective Order is not 3 intended to be and shall not be construed as (1) a ruling on the admissibility of any 4 Confidential Information; (2) a waiver of any objection to the production or use of 5 any Confidential Information on grounds of privacy, relevance, confidentiality, 6 privilege, undue burden, authenticity, foundation, admissibility or otherwise; (3) a 7 ruling requiring the production of any Confidential Information; (4) a limitation on 8 the right of any party to disclose Confidential Information to any person who 9 authored the Confidential Information. 10 K. Additional Protective Order(s). This Protective Order shall be without 11 prejudice to the right of the parties to this litigation to present a motion to the Court 12 for a separate protective order or for modification of this Protective Order pursuant 13 to the applicable rules of procedure. 14 15 DATED: June 3, 2010 16 17 18 19 20 21 22 23 24 25 26 27 28
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WHITE O'CONNOR FINK & BRENNER LLP Lee S. Brenner Allison S. Brehm By /s/ Allison S. Brehm Allison S. Brehm Attorneys for Thirty-Four Defendants

DATED: June 3, 2010

SINGER & GARTEISER Randall T. Gareiser By /s/ Randall T. Garteiser Randall T. Garteiser Attorneys for Plaintiff Sheri H. Gilbert SO ORDERED, with the additional caveat that this Order shall not govern the use of materials either in connection with dispositive motions or at trial. If the parties desire additional protection at those times, they must apply separately to the judicial officer who will preside over those proceedings.

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1 DATED: June 03, 2010 2 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
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Ralph Zarefsky U.S. Magistrate Judge

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