L.A. Idol Fashion, Inc. et al v. G & S Collection

Filing 76

PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 68 . This Protective Order is issued to facilitate document disclosure and production under the Local Rules of this Court and the Federal Rules of Civil Procedure. ***See Order for details*** (bem)

-JCG L.A. Idol Fashion, Inc. et al v. G & S Collection

Doc. 76

1 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 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Local Rule 79-5 and Paragraph 9 of the Court's Standing Order dated July 30, 2010, the Court hereby enters the following Protective Order: This Protective Order is issued to facilitate document disclosure and production under the Local Rules of this Court and the Federal Rules of Civil Procedure. Unless modified pursuant to the terms set out below, this Order shall remain in effect through the conclusion of this litigation. In support of this Order, the Court finds that: 1. Documents or information containing or consisting of confidential proprietary and business information and/or trade secrets ("Confidential vs. G & S COLLECTION, a California Corporation, d/b/a Grace in LA; and SUSAN WEI, an individual, Defendant. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA L.A. IDOL FASHION, INC., a California corporation, Plaintiff, Case No. CV10-5645-JFW (JCGx) [Honorable John F. Walter] STIPULATED PROTECTIVE ORDER DISCOVERY MATTER
NOTE CHANGES MADE BY THE COURT

Complaint Filed: July 29, 2010

STIPULATED PROTECTIVE ORDER

1
Dockets.Justia.com

1 Information") that bear significantly on the parties' claims or defenses are likely to 2 be disclosed or produced during the course of discovery in this litigation; 3 2. The parties to this litigation may assert that public dissemination and 4 disclosure of Confidential Information could injure or damage the party disclosing 5 or producing the Confidential Information and could place that party at a 6 competitive disadvantage; and 7 9 10 11 12 1. 3. To protect the respective interests of the parties and to facilitate the IT IS THEREFORE ORDERED THAT: Designation of Certain Discovery Material as "Confidential," Or "Confidential ­ Attorneys' Eyes Only" Documents or discovery responses containing Confidential 8 process of disclosure and discovery in this case, the following Order should issue.

13 Information disclosed or produced by any party in this litigation, and any non-party 14 from whom discovery is sought in connection with this action, are referred to as 15 "Protected Documents." Except as otherwise indicated below, all documents or 16 discovery responses designated by the producing party as "CONFIDENTIAL" or
1 17 "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" and which are disclosed or

18 produced to the attorneys for the other parties to this litigation are Protected 19 Documents and are entitled to confidential treatment as described below. 20 2. Protected Documents, without limitation, shall NOT include: (a) 21 publicly disseminated advertising materials; (b) materials that have been published 22 to the general public; or (c) documents that have been submitted to any 23 governmental entity without request for confidential treatment or that otherwise do 24 not qualify for confidential treatment under applicable governmental laws or 25 regulations. 26 Documents and discovery responses that are produced with a comparable designation, such as "HIGHLY CONFIDENTIAL ­COUNSEL EYES ONLY," or 28 other like variations are entitled to the same confidential treatment as those designated as "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY." 27
STIPULATED PROTECTIVE ORDER
1

2

1

A. A party may designate as "CONFIDENTIAL" those materials which the

2 producing party in good faith believes constitute Confidential Information that is 3 used by it in, or pertaining to, its business, which information is not generally 4 known and which that party would normally not reveal to third parties or, if 5 disclosed, would require such third parties to maintain in confidence. Protected 6 Documents in one or more of the following categories shall qualify for designation 7 as "CONFIDENTIAL": information that has not been made public, has not been 8 marked or otherwise designated "CONFIDENTIAL ­ ATTORNEYS' EYES 9 ONLY" and (i) constitutes, reflects or discloses a "trade secret" as that term is 10 defined in California Civil Code section 3426.1 or other confidential research, 11 development, or commercial information within the scope of Rule 26(c)(1)(G) of 12 the Federal Rules of Civil Procedure the disclosure of which the disclosing party 13 reasonably believes could cause harm to the business operations of the disclosing 14 party or provide an improper business or commercial advantage to others, or (ii) is 15 protected by a right of privacy under federal or state law or any other applicable 16 privilege or right related to confidentiality or privacy. 17 B. Any highly confidential information may be designated as 18 "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY." Protected Documents in one 19 or more of the following categories shall qualify for the "CONFIDENTIAL ­ 20 ATTORNEYS' EYES ONLY" designation: (i) non-public technical information, 21 including schematic diagrams, manufacturing and engineering drawings, 22 engineering notebooks, specifications, research notes and materials, technical 23 reference materials, and other non-public technical descriptions and/or depictions 24 of the relevant technology; (ii) non-public damage-related information (e.g., the 25 number of products sold, total dollar value of sales products, and profit margins); 26 (iii) non-public financial information; (iv) customer lists; (v) business and/or 27 marketing plans; (vi) price lists and/or pricing information; (vii) license 28
STIPULATED PROTECTIVE ORDER

3

1 agreements; and (viii) information obtained from a nonparty pursuant to a current 2 Non-Disclosure Agreement ("NDA"). 3 C. Protected Documents designated as "CONFIDENTIAL" or 4 "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" should be so identified at the 5 time of service of such Protected Documents by including on each page the legend 6 "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY." 7 8 9 Challenge to Designation/No Obligation to Challenge 3. At any time after the delivery of Protected Documents, counsel for the

10 party or parties receiving the Protected Documents may challenge the confidential 11 designation of one or more Protected Documents by providing written notice to 12 counsel for the party disclosing or producing the Protected Documents. If, after 13 conferring, the parties cannot reach agreement concerning the matter within ten 14 (10) business days after the receipt of the notice, then the parties shall seek judicial 15 intervention via L.R. 37. On any such motion, the burden of proof shall lie with the 16 producing party to establish that the information is, in fact, properly designated as 17 "CONFIDENTIAL," or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" 18 information. No party shall be obligated to challenge the propriety of any 19 designation, and the failure to do so shall not preclude a subsequent challenge to the 20 propriety of any such designation. 21 22 23 Access to Protected Documents 4. All Protected Documents and any information contained therein shall not

24 be used or shown, disseminated, or in any way communicated to anyone for any 25 purpose, except for use in this litigation. 26 5. Subject to the limitations set forth in this Order, Protected Documents and 27 any information contained therein that have been designated as "CONFIDENTIAL 28 ­ ATTORNEYS' EYES ONLY" shall be disclosed only to the following persons:
STIPULATED PROTECTIVE ORDER

4

1 2 3

A. Outside counsel of record in this action and their employees; B. The Court, including clerks, other Court personnel, and jury members; C. Independent experts or consultants, provided they agree to maintain the

4 confidentiality of documents pursuant to this Protective Order by signing the 5 Agreement attached hereto as Exhibit "A"; 6 D. Outside vendors, including e-discovery, graphics, animation, translation, 7 and jury consultant vendors (but not including mock jurors), assigned to and 8 necessary to assist such counsel in the preparation and trial of this action, provided 9 such they agree to maintain the confidentiality of documents pursuant to this 10 Protective Order by signing the Agreement attached hereto as Exhibit "A"; 11 E. Any court reporter (other than "Court personnel" referenced in 5.B., 12 above) or videographer present in his or her official capacity at any hearing, 13 deposition, or other proceeding in this action; 14 F. Any person who is identified as an author or recipient, including receipt 15 by copy, of any document, information therein or tangible medium, but only with 16 respect to the specific document, information therein, or tangible medium; and 17 G. Witnesses for the party producing the document, who have access in the 18 course of their employment to the document, and who are being examined on the 19 subject of the document. 20 22 H. Nothing herein shall preclude a party from seeking a separate Protective 6. Subject to the limitations set forth in this Order, Protected Documents and 21 Order granting greater or different protection for any specific document. 23 any information contained therein that have been designated as 24 "CONFIDENTIAL" shall be disclosed only to (i) those persons identified in 25 Paragraphs 5.A. though 5.G., above, and (ii) not more than three officers, directors 26 and/or key employees of the receiving party who are directly and actively involved 27 in advising or assisting outside counsel of record in the instant proceeding in 28 connection with that party's claims or defenses.
STIPULATED PROTECTIVE ORDER

5

1 2 3 Limited Access By Certain Deposition Witnesses 7. Protected Documents designated "CONFIDENTIAL" or

4 "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" may be disclosed to a witness 5 not already allowed access to such information under this Order only if counsel for 6 the party designating the material as "CONFIDENTIAL," or "CONFIDENTIAL ­ 7 ATTORNEYS' EYES ONLY" agrees in writing or on the record, before 8 disclosure, that the material may be disclosed to the witness. Disclosure of material 9 pursuant to this paragraph shall not constitute a waiver of the confidential status of 10 the material so disclosed. 11 12 13 Use of Protected Documents at Depositions 8. To the extent that Protected Documents or information contained therein

14 are used in depositions, such documents or information shall remain subject to the 15 provisions of this Order, along with the transcript pages of the deposition testimony 16 referring to the Protected Documents or information contained therein. Any 17 deposition transcript, in whole or in part, may be designated "CONFIDENTIAL" or 18 "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" by an appropriate statement at 19 the time such testimony is given, whereupon the reporter shall separately bind the 20 designated portions and mark the original and all copies of those portions of the 21 transcript as designated. 22 9. If a party fails to designate any portion of a deposition as 23 "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" at the 24 time the deposition is taken, that party may, no later than thirty (30) days following 25 receipt of the deposition transcript, designate all or any portion of the transcript as 26 protected by notifying all other parties in writing of the portions of the transcript to 27 be so designated. Upon such designation, the party receiving the written notice 28 shall treat the deposition testimony per the designation under this Protective Order.
STIPULATED PROTECTIVE ORDER

6

1 Any use of the testimony or submission of such testimony to the Court prior to the 2 late designation need not be retracted. Nothing in this paragraph shall prevent the 3 receiving party from objecting to the designation, following the procedures and 4 burdens of proof otherwise set forth herein for objecting to confidentiality 5 designations. 6 7 8 Related Material 10. The restrictions on the use of Protected Documents established by this

9 Protective Order shall extend to all copies, extracts and complete or partial 10 summaries prepared from such Protected Documents. 11 12 13 Filing of Information Under Seal for Use At Hearing Or Trial 11. Any party desiring to file under seal any pleadings or other documents

14 containing the "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES 15 ONLY" information of any party for use in connection with a hearing or trial shall 16 seek prior approval of the Court pursuant to Local Rule 79-5 by presenting to the 17 Court a written application and a proposed order, along with the document or 18 documents submitted for filing under seal. In addition to complying with Local 19 Rule 79-5, any party seeking approval to file a document or documents under seal 20 shall comply with Paragraph 9 of the Court's Standing Order dated July 30, 2010 21 (the "Standing Order"). 22 12. Pursuant to Paragraph 9 of the Standing Order, if a party wishes to file a 23 document that has been designated confidential by another party, the submitting 24 party shall give the designating party five calendar days' notice of its intent to file. 25 If the designating party objects, it shall notify the submitting party and the burden 26 will then be on the designating party to file an application to file the document or 27 documents under seal within two court days. 28
STIPULATED PROTECTIVE ORDER

7

1

13. The parties shall not file any pleadings containing documents they have

2 requested the Court to file under seal until the Court acts on the application to file 3 under seal. 4 5 6 Subpoenas or Court Orders to Compel Disclosure of Protected Documents 14. If a receiving party is served with a subpoena or court order that would

7 compel disclosure of any information, documents or things designated in this action 8 as "CONFIDENTIAL" or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY", the 9 receiving party must notify the designating party in writing (by fax or email) 10 promptly as soon as reasonably possible and in any event, before any compliance 11 under such subpoena or court order is requested or required. Such notification must 12 include a copy of the subpoena or order. The designating party shall bear the 13 burdens and the expenses of seeking protection of its designated material. 14 15 16 Inadvertent Failure to Designate 15. Inadvertent or unintentional production of documents or information

17 containing Confidential Information which are not designated "CONFIDENTIAL" 18 or "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" shall not be deemed a 19 waiver in whole or in part of a subsequent claim for confidential treatment. 20 However, nothing in this Order shall prevent the receiving party from challenging 21 the propriety of the late designation under the provisions of paragraph 3, above. 22 23 24 Inadvertent Disclosure of Privileged Materials 16. The inadvertent or unintentional production or disclosure of documents

25 (including physical objects) or information protected under the attorney-client 26 privilege, the work product doctrine or any other applicable privilege or immunity 27 shall not operate as a waiver of the applicable privilege or immunity provided, as 28 soon as reasonably possible after the producing party becomes aware of any
STIPULATED PROTECTIVE ORDER

8

1 inadvertent or unintentional disclosure, the producing party designates any such 2 documents as within the attorney-client privilege, the work product doctrine or any 3 other applicable privilege or immunity and requests return of such documents to the 4 producing party. Upon request by the producing party, the receiving party shall 5 immediately return such inadvertently produced document(s), certify in writing that 6 all copies of such documents have been destroyed, and destroy any work product 7 based on or incorporating the content of such material. If the receiving party 8 contests the privilege or immunity designation by the producing party, the receiving 9 party shall give the producing party written notice of the reason for the 10 disagreement. The parties shall seek judicial intervention via L.R. 37. If the 11 receiving party fails to file such a motion within the required period, then the 12 receiving party waives any right to move to compel the subject material. 13 14 15 17 18 19 Termination and Disposition Upon Conclusion 18. The provisions of this Protective Order may not be modified, waived, or No Effect on Federal Rules of Civil Procedure 17. Nothing herein shall alter or change in any way the discovery provisions

16 of the Federal Rules of Civil Procedure or the Federal Rules of Evidence.

20 terminated except by the written stipulation of counsel or order of the Court. After 21 termination of this litigation, the provisions of this Order shall continue to be 22 binding, except with respect to those documents and information that become a 23 matter of public record. This Court retains and shall have continuing jurisdiction 24 over the parties and recipients of the Protected Documents for enforcement of the 25 provisions of this Order following termination of this litigation. 26 19. Within sixty (60) calendar days following the termination of this action, 27 including any appeals, each party shall destroy all Protected Documents received 28 from any other party. As used in this paragraph, "all Protected Documents"
STIPULATED PROTECTIVE ORDER

9

1 includes all copies, abstracts, compilations and summaries of Protected Documents, 2 regardless of format. Within the same sixty (60) day period, the receiving party 3 shall then certify in writing that each other party's Protected Documents have been 4 destroyed. Notwithstanding this provision, outside counsel of record may retain 5 one archival copy of all pleadings, motion papers, any documents or materials filed 6 or used in court, exhibits offered or introduced into evidence at trial, legal 7 memoranda, correspondence, attorney work product, even if such materials contain 8 Protected Documents, deposition transcripts, reports (including exhibits) produced 9 by any expert and discovery requests and responses (including exhibits) even if 10 such materials contain Protected Documents. Any such archival materials remain 11 subject to this protective order as set forth in Paragraphs 4 and 16, above. 12 13 14 Others Bound By Order 20. This Order shall be binding upon the parties and their attorneys,

15 successors, executors, personal representatives, administrators, heirs, legal 16 representatives, assigns, subsidiaries, divisions, employees, agents, independent 17 contractors, or other persons or organizations over which they have control. 18 19 20 21 22 23 24 25 26 27 28
STIPULATED PROTECTIVE ORDER

// // // REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

10

1 2

Third Parties 21. This protective order shall afford all third parties who produce any

3 Protected Documents, either voluntarily or pursuant to legal process, the same 4 protections afforded to the parties to this action. The parties shall treat such 5 Protected Documents or other information in accordance with the terms of this 6 Order. To the extent applicable, the remaining provisions of this protective order 7 shall apply to third parties. However, a third party's use of this protective order to 8 protect its confidential documents or information does not entitle that third party 9 access to Protected Documents or information produced by a party in this case. A 10 copy of this Protective Order shall be served along with any subpoena served on 11 any third party in connection with this action. 12 13 14 Party's Own Information 22. The restrictions on the use of Protected Documents established by this

15 Order are applicable only to Protected Documents received by a party from another 16 party or from a third party. A party is free to do whatever it desires with its own 17 Protected Documents. 18 19 20 21 22 23 24 25 26 27 28
STIPULATED PROTECTIVE ORDER

// // // REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

11

1 2

No Admission Regarding Confidentiality 23. Neither a party's designation of information as "CONFIDENTIAL" or

3 "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" nor any other party's failure 4 to oppose or challenge any such designation shall be construed as an admission that 5 such information is, in fact, a trade secret or confidential information. 6 7 Dated: October 20, 2010 8 9 10 11 Submitted By: 12 Douglas H. Morseburg 13 Jeffrey G. Sheldon Danton K. Mak 14 SHELDON MAK & ANDERSON PC 15 100 Corson Street, Third Floor Pasadena, California 91103-3842 16 Telephone: [phone] 20 Attorneys for Defendants G & S Collection 18 dba Grace In LA and Susan Wei and _____________________________ U.S. Magistrate Judge

21 Paul A. Stewart Michael K. Friedland 22 Knobbe Martens Olson & Bear, LLP 23 2040 Main Street, 14th Floor Irvine, California 92614 24 Telephone: [phone] 27 28
STIPULATED PROTECTIVE ORDER

Attorneys for Plaintiff L.A. Idol Inc.

12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER I, __________________________________, hereby acknowledge that I am vs. G & S COLLECTION, a California Corporation, d/b/a Grace in LA; and SUSAN WEI, an individual, Defendant. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA L.A. IDOL FASHION, INC., a California corporation, Plaintiff, Case No. CV10-5645-JFW (JCGx) [Honorable John F. Walter]

EXHIBIT "A"

20 about to receive Protected Documents and information as defined in the Stipulated 21 Protective Order agreed to by the parties and entered by the Court in this case. I 22 acknowledge also that the Protected Documents and information are being provided 23 to me pursuant to the terns and restrictions of the Stipulated Protective Order, that I 24 have been given a copy of the order, that I have read it and that I understand my 25 obligations under it. 26 I hereby agree to be bound by the terms of the Stipulated Protective Order 27 and to treat all Protected Documents and information, including any copies or notes 28 relating thereto, in accordance with the terms of the Stipulated Protective Order and
STIPULATED PROTECTIVE ORDER

13

1 to disclose those materials to, or discuss with the content of those materials with, 2 only those persons permitted by the Stipulated Protective Order to receive such 3 material. 4 I further agree to return on request all materials containing Protected 5 Documents and information, copies thereof, and notes that I have prepared relating 6 thereto, to outside counsel for the party by whom, or on whose behalf, I have been 7 am retained. 8 I hereby submit to the jurisdiction of the U.S. District Court for the Central 9 District of California for the purpose of enforcement of the Stipulated Protective 10 Order and, solely for that purpose, I waive any and all objections to jurisdiction and 11 venue in that court. 12 I declare under penalty of perjury under the laws of the State of California 13 and the laws of the United States that the foregoing is true and correct and that this 14 agreement was executed by my hand on _________________ at 15 _______________________. 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATED PROTECTIVE ORDER

__________________________________ Signature __________________________________ Printed Name __________________________________ Company Name __________________________________ Address __________________________________ Phone

14