James L. Mann "Bubba" Cromer Jr. v. Showtime Networks Inc. et al

Filing 25

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich. (mz)

1 2 3 4 5 6 7 8 JAMES L. MANN "BUBBA" 10 CROMER, JR., an individual, 11 12 v. Plaintiff, 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION Case No. CV 10-02983-JFW (AJWx) PROTECTIVE ORDER Discovery Matter: Referred to Hon. Andrew J. Wistrich

13 SHOWTIME NETWORKS INC., a Delaware corporation; HOME BOX 14 OFFICE, INC., a Delaware corporation; and DOES 1 through 10, inclusive, 15 Defendants. 16 17 18

Having considered the parties' Joint Stipulation for Protective Order (the

19 "Joint Stipulation") of Plaintiff James L. Mann "Bubba" Cromer, Defendant 20 Showtime Networks Inc. and Defendant Home Box Office, Inc., (each individually, 21 a "Party" and collectively, the "Parties"), and to facilitate the progress of discovery, 22 the Court HEREBY ORDERS that a Protective Order is entered as follows: 23 24 1. Good Cause Statement Consistent with Federal Rule of Civil Procedure 26(c), good cause

25 exists for the Court to enter the requested Protective Order because the parties could 26 be prejudiced by the dissemination or inappropriate use of confidential and 27 proprietary information that is disclosed during discovery. 28
55586.1

PROTECTIVE ORDER

1 2 2.

Designation of Materials A party shall have the right to designate as "CONFIDENTIAL"

3 Discovery Material that the party in good faith reasonably believes contains 4 confidential or proprietary information (including without limitation personal 5 medical records, confidential agreements with third parties, confidential financial 6 information, and other non-public information for which a party in good faith 7 reasonably believes disclosure could have an adverse business or competitive 8 impact.) 9 3. The parties shall have the right to designate as "OUTSIDE COUNSEL 10 ONLY" Discovery Material that the party in good faith reasonably believes contains 11 highly confidential and proprietary information, the disclosure of which could assist 12 another party in competing with the producing party. For avoidance of doubt, 13 Plaintiff's medical records shall not qualify for "OUTSIDE COUNSEL ONLY" 14 designation. 15 4. The designation of Discovery Material as "CONFIDENTIAL" or 16 "OUTSIDE COUNSEL ONLY" shall be made by conspicuously marking each page 17 of a document with the legend "CONFIDENTIAL" or "OUTSIDE COUNSEL 18 ONLY" prior to its production, or by any other method agreed in writing between 19 counsel for the parties. 20 5. Deposition transcripts, or portions thereof, may be designated as 21 "CONFIDENTIAL" or "OUTSIDE COUNSEL ONLY" at the time of such 22 deposition, in which case the transcript of the designated testimony shall be bound 23 in a separate volume and marked "CONFIDENTIAL" or "OUTSIDE COUNSEL 24 ONLY" by the reporter, as the designating party may direct. Portions of deposition 25 transcripts may also be designated as "CONFIDENTIAL" or "OUTSIDE 26 COUNSEL ONLY" after the deposition if inadvertently not done during the 27 deposition, with such portions to be treated accordingly thereafter. 28
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6.

In the case of Discovery Material produced by third parties, any party

2 hereto shall have the right to designate such Discovery Material as 3 "CONFIDENTIAL" or "OUTSIDE COUNSEL ONLY" in the event such 4 Discovery Material contains confidential information of the designating party. A 5 party shall have the right to make such designation either prior to or within seven (7) 6 days following the production of such Discovery Material by the third party. Prior 7 to the expiration of that 7-day period, unless and until a different designation or non8 designation is made, any such Discovery Material from the third party that contains 9 non-public business or personal information regarding a party shall be treated as 10 having been marked "OUTSIDE COUNSEL ONLY" by that party. 11 Notwithstanding the foregoing, Plaintiff's counsel may disclose such Discovery 12 Material to Plaintiff prior to the expiration of this 7-day period, provided that neither 13 Plaintiff's counsel nor Plaintiff shall make any further disclosure or use of such 14 Discovery Material during that period except as expressly permitted by Paragraph 15 11 hereof. 16 7. All notes, summaries, compilations, and similar documents containing 17 or reflecting "CONFIDENTIAL" or "OUTSIDE COUNSEL ONLY" information 18 shall be subject to the terms hereof to the same extent as the Discovery Material 19 from which such notes, summaries, compilations, and similar documents are made 20 or derived. 21 8. The designation of Discovery Material in accordance with this 22 Protective Order is intended solely to facilitate discovery in this action, and 23 treatment of materials by a party in conformity with such designations shall not be 24 construed in any way as an admission or agreement that the designated material 25 constitutes or contains any confidential or proprietary information. Inadvertent 26 failure to designate any Discovery Material as "CONFIDENTIAL" or "OUTSIDE 27 COUNSEL ONLY" shall not constitute a waiver of any otherwise valid claim for 28 protection.
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PROTECTIVE ORDER

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1 2 9.

Restrictions on Disclosure and Use of Material Each party and all persons bound by the terms hereof shall use any

3 Discovery Material designated as "CONFIDENTIAL" or "OUTSIDE COUNSEL 4 ONLY" only for the purpose of the prosecution and defense of the claims in this 5 action, including any appeals thereof, and no party shall use, disclose, or release any 6 such Discovery Material for any other purpose. Nothing herein shall be construed to 7 limit in any way a party's use of its own documents and information. 8 10. Except as otherwise provided by written stipulation of the parties or by 9 order of the Court, Discovery Material designated "CONFIDENTIAL" shall not be 10 disclosed to any person except: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
55586.1

(a)

the parties and their parents, subsidiaries, and affiliates, including their present and former officers, directors, and employees. However, Plaintiff's medical records that are designated as CONFIDENTIAL may be disclosed to such persons only to the extent reasonably necessary;

(b) (c)

J. Lewis Cromer; the parties' counsel of record in this action, the partners, members, associates, and employees of such counsel, and their authorized secretarial and paralegal staffs;

(d) (e) (f)

the Court and court personnel, deposition officers, court reporters, and videographers used in connection with this action; employees of outside copying, printing, binding, trial consulting or graphics, or similar services; persons who have been retained by any party or his or its attorneys of record for the purpose of assisting in this action as outside consultants or experts, and who agree in writing to be bound by the terms hereof;

(g)

deposition witnesses, but only to the extent reasonably necessary and only at the deposition itself; and
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1 2 3

(h) 11.

such other persons as all parties may agree or may be ordered by the Court. Except as otherwise provided by written stipulation of the parties or by

4 order of the Court, Discovery Material designated "OUTSIDE COUNSEL ONLY" 5 shall not be disclosed to any person except: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 12. (g) (f) (e) (d) (c) (b) (a) the parties' outside counsel of record in this action, the partners, members, associates, and employees of such outside counsel, and their authorized secretarial and paralegal staffs; the Court and court personnel, deposition officers, court reporters, and videographers used in connection with this action; employees of outside copying, printing, binding, trial consulting or graphics, or similar services; persons who have been retained by any party or his or its attorneys of record for the purpose of assisting in this action as outside consultants or experts, and who agree in writing to be bound by the terms hereof; deposition witnesses who were authors or recipients of the subject document and/or are employees of the designating party, but only to the extent reasonably necessary and only at the deposition itself; other deposition witnesses, but only to the extent reasonably necessary and only at the deposition itself, and only after giving the producing party's counsel a chance to object prior to the disclosure; and such other persons as the parties may agree or may be ordered by the Court. Nothing herein shall preclude any party, his or its attorneys, or any

25 other person from disclosing or using, in any manner and for any purpose, any 26 document or information that, prior to the disclosure or use, is public information or 27 knowledge or that is lawfully obtained from a third party having the right to disclose 28 such document or information, even though the same document or information may
55586.1

PROTECTIVE ORDER

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1 have been produced in discovery in this action and designated as 2 "CONFIDENTIAL" or "OUTSIDE COUNSEL ONLY." 3 13. Nothing herein shall bar or otherwise restrict any attorney from 4 rendering advice to a party-client in this action and in the course thereof, relying 5 upon such attorney's examination of "CONFIDENTIAL" or "OUTSIDE COUNSEL 6 ONLY" information; provided, however, that in rendering such advice and in 7 otherwise communicating with such client, the attorney shall not disclose any 8 "CONFIDENTIAL" or "OUTSIDE COUNSEL ONLY" information to 9 unauthorized persons. 10 11 14. Third Party Discovery Discovery obtained from any third party in response to any subpoena

12 shall be protected in accordance with the terms hereof if such third party requests 13 such protection and complies with the provisions hereof. 14 15 15. Use of Designated Information in Court Proceedings Unless the Court orders otherwise, all Discovery Material designated as

16 "CONFIDENTIAL" or "OUTSIDE COUNSEL ONLY," including without 17 limitation all documents reflecting the content of such Discovery Materials, that are 18 submitted to the Court for consideration in relation to a motion or other pre-trial 19 proceeding shall be filed in accordance with the provisions of Local Rule 79-5. 20 16. Issues involving the protection of Discovery Material designated as 21 "CONFIDENTIAL" or "OUTSIDE COUNSEL ONLY" during trial in this matter 22 shall not be governed by the terms hereof and shall be presented to the Court prior to 23 or during trial as each party deems appropriate. 24 25 17. Challenging Designations A party shall not be obligated to challenge the propriety of a

26 "CONFIDENTIAL" or "OUTSIDE COUNSEL ONLY" designation at the time 27 such designation is made, and failure to do so shall not preclude a subsequent 28 challenge thereto.
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1

18.

If a party seeks removal of or other relief from a "CONFIDENTIAL"

2 or "OUTSIDE COUNSEL ONLY" designation, the parties shall comply with the 3 procedures set out in the Local Rules for resolving such a dispute, including without 4 limitation Local Rules 37-1 to 37-4. 5 6 19. Disposition of Confidential Information Upon the written request of a designating party within sixty (60) days

7 of the final disposition or resolution of this action, each party shall either (a) 8 assemble and return all Discovery Material designated "CONFIDENTIAL" or 9 "OUTSIDE COUNSEL ONLY," including all copies, to the party from which the 10 designated material was obtained, or (b) destroy all such Discovery Material, at the 11 option of the party in possession thereof. 12 20. Notwithstanding the foregoing, the outside attorneys of record for each 13 party may retain for its archives (a) all pleadings, affidavits, declarations, briefs, 14 memoranda, expert reports, and exhibits and other papers filed in this action; (b) 15 transcripts of all testimony taken at any depositions, hearings, or trial; and (c) all of 16 its own work product generated in connection with this action. 17 18 Disclosure Pursuant to Subpoena or Other Compulsory Process 21. If a party receives a subpoena or other compulsory process

19 commanding the production of Discovery Material designated as 20 "CONFIDENTIAL" or "OUTSIDE COUNSEL ONLY," that party shall promptly 21 notify the designating party. The party receiving the subpoena or other compulsory 22 process shall not produce any such Discovery Material in response to the subpoena 23 or other compulsory process without providing the designating party reasonable 24 notice so that party can timely object to the disclosure if he or it chooses. The party 25 receiving the subpoena or other compulsory process shall not object to the 26 designating party having a reasonable opportunity to appear in the litigation or 27 process seeking disclosure of Discovery Material designated as "CONFIDENTIAL" 28
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1 or "OUTSIDE COUNSEL ONLY," at the designating party's sole expense, for the 2 sole purpose of seeking to prevent or restrict disclosure thereof. 3 4 6 7 8 9 Dated: 8/11/2010 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
55586.1

Other Orders 22. Nothing herein shall prevent any party from applying to the Court for

5 further or additional protective orders. IT IS SO ORDERED.

/s/ Honorable Andrew J. Wistrich Magistrate Judge United States District Court

PROTECTIVE ORDER

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