Elissa Tedesco v. Sandi Pepe et al

Filing 66

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order, 65 . See order for details. (hr)

4

DAVID N. SCHULTZ, SB NO. 123094
E-mail: [e-mail]
PETER D. GORDON, SB NO. 76578
E-mail: [e-mail]
8050 Melrose Avenue, Second Floor
Los Angeles, California 90046-7015
Tel: [phone]; Fax: [phone]

5

Attorneys for Plaintiff ELISSA TEDESCO

6

10

ROBERT H. ROTSTEIN (SBN 72452),
[e-mail]
EMILY F. EVITT (SBN 261491),
[e-mail]
MITCHELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard
Los Angeles, California 90064-1683
Telephone: [phone]
Facsimile: [phone]

11

Attorneys for certain Defendants

1
2
3

7
8
9

12

UNITED STATES DISTRICT COURT

13

CENTRAL DISTRICT OF CALIFORNIA

14
15

ELISSA TEDESCO,

16

Plaintiff,

17
18
19
20
21
22
23
24
25
26
27
28
4446939.1

v.
SANDI PEPE, an individual; PETER
PEPE, an individual; ALLISON
GRODNER, an individual; RICHARD
MEEHAN, an individual; AMY
PALMER, an individual; LOUISE ROE,
an individual; FLY ON THE WALL
ENTERTAINMENT, INC., a California
corporation; SONY PICTURES
TELEVISION, INC., a Delaware
corporation; THE CW NETWORK,
LLC, a Delaware limited liability
company; MTV NETWORKS
ENTERPRISES, INC., a Delaware
corporation; and DOES 1 to 10,
inclusive,
Defendants.

CASE NO. CV 11-06203 JFW (JCx)
STIPULATED PROTECTIVE
ORDER
DISCOVERY MATTER
Judge:
Hon. John F. Walter
Magistrate: Hon. Jacqueline Chooljian
Ctrm.:
20
Pre-Trial Conference:
Sept. 7, 2012
Trial:
Sept. 25, 2012

1

Pursuant to an agreement between Plaintiff Elissa Tedesco (“Plaintiff”) and

2

Defendants Allison Grodner, Richard Meehan, Amy Palmer, Louise Roe, Fly On

3

The Wall Entertainment, Inc., MTV Networks Enterprises Inc., Sony Pictures

4

Television Inc., and The CW Network, LLC (collectively, “Defendants”), and

5

approval of the Court, this Protective Order shall govern the production of

6

confidential documents, deposition testimony and information in this action.

7

I.

8
9

PURPOSE OF THE PROTECTIVE ORDER
The purpose of this Protective Order is to provide a means for limiting

access to, and the use and disclosure of, confidential portions of documents,

10

deposition testimony and information produced in this action.

11

II.

DESIGNATION OF CONFIDENTIAL DOCUMENTS, DEPOSITION

12

TESTIMONY AND INFORMATION

13

Any party or non-party who either produces documents or information,

14

provides written discovery responses or gives deposition testimony in this action

15

may designate such documents, responses, deposition testimony or information as

16

“Confidential Information” or “Restricted Confidential Information” in accordance

17

with the provisions of this Paragraph:

18

The parties and any non-party shall limit to whatever extent possible

19

designating information as “Confidential Information” or “Restricted Confidential

20

Information”

21
22

A.

Criteria For Classification
1.

“Confidential Information.” A party or non-party may

23

designate portions of documents, deposition testimony or information as

24

“Confidential Information” if the party or non-party making such designation

25

reasonably believes that certain designated portions of documents, deposition

26

testimony or information contains or discloses trade secrets or other confidential

27

technical or strategic information that has not been made public.

28
4446939.1

2

1

2.

“Restricted Confidential Information.” A party or non-party

2

may designate documents, deposition testimony or information as “Restricted

3

Confidential Information” if (a) the party or non-party making such designation

4

reasonably believes that the documents, deposition testimony or information

5

satisfy the criteria for designating such documents, deposition testimony or

6

information as “Confidential Information” pursuant to Paragraph II(A)(1) above;

7

and (b) the designating party believes, in good faith, the disclosure of the

8

documents, deposition testimony or information is likely to cause harm to the

9

competitive position of the designating party or non-party holding proprietary

10

rights thereto. Such “Restricted Confidential Information” documents, deposition

11

testimony and information may include, without limitation, source code, trade

12

secrets, confidential technical information, technical practices, methods, or other

13

know-how, minutes of Board meetings, pricing data, financial data, sales

14

information, customer-confidential information, agreements or relationships with

15

non-parties, market projections or forecasts, strategic business plans, selling or

16

marketing strategies or new product development, testing, manufacturing costs or

17

information about employees.

18

B.

19

Unless otherwise agreed between counsel for the parties, the designation of

Time Of Designation

20

“Confidential Information” or “Restricted Confidential Information” shall be made

21

at the following times:

22

1.

For documents or things, at the time of providing the receiving

23
24

produced for inspection shall be inspected only by persons entitled to receive

25

“Restricted Confidential Information” pursuant to Paragraph III(B) below.

26

Between the time of inspection and the time of receipt of a copy of any requested

27

document or thing, the information contained therein shall be treated as “Restricted

28
4446939.1

party with a copy of any requested document or thing. Documents and things

Confidential Information” and shall not be disclosed or used, except in accordance
3

1

with the provisions of this Protective Order governing “Restricted Confidential

2

Information”;

3

2.

For declarations, written discovery responses, and pleadings

4

pending to be filed under seal, at the time of the service or filing, whichever occurs

5

first; and

6

3.

For deposition testimony, at the time such deposition testimony

7

is given, by a statement designating the deposition testimony as “Confidential

8

Information” or “Restricted Confidential Information” made on the record or as set

9

forth in Paragraph II(C)(4) below.

10

To the extent a party or non-party does not timely designate documents,

11

deposition testimony or information as “Confidential Information” or “Restricted

12

Confidential Information” such party or non-party may so designate documents,

13

deposition testimony or information as provided under Paragraph II(D), below.

14

C.

15

The designation of documents, deposition testimony or information as

16

“Confidential Information” or “Restricted Confidential Information” shall be made

17

in the following manner:

18

Manner Of Designation

1.

For documents, placing the notation “Confidential Information”

19

or “Restricted Confidential Information” on each page of such document

20

containing such “Confidential Information” or “Restricted Confidential

21

Information” information;

22

2.

For tangible items and documents produced in native format, by

23

placing the notation “Confidential Information” or “Restricted Confidential

24

Information” on the object, container or electronic folder, or by indicating the

25

designation in the accompanying cover letter, or if impracticable, as otherwise

26

agreed by the parties;

27
28
4446939.1

3.

For declarations, written discovery responses, court filings or

pleadings, by placing the notation “Confidential Information” or “Restricted
4

1

Confidential Information” both on the face of such document and on any particular

2

designated pages of such document; and

3

4.

For deposition testimony, by orally designating the beginning

4

and end point of the section of such deposition testimony as being “Confidential

5

Information” or “Restricted Confidential Information” at the time the deposition

6

testimony is given. Thereafter, the original and all copies of the “Confidential

7

Information” or “Restricted Confidential Information” portions of the transcript of

8

any such deposition testimony shall be separately bound and marked by the Court

9

Reporter with the legend “‘CONFIDENTIAL INFORMATION’ or

10

‘RESTRICTED CONFIDENTIAL INFORMATION.’” Such transcript and

11

deposition testimony shall be disclosed and used only in accordance with the

12

provisions of this Protective Order. At the request of Counsel for the designating

13

party supplying the “Confidential Information” or “Restricted Confidential

14

Information,” only persons entitled under Paragraph III(A) hereinafter as to

15

“Confidential Information” and/or Paragraph III(B) hereinafter as to “Restricted

16

Confidential Information” shall be permitted to attend that portion of a deposition

17

wherever or whenever any such “Confidential Information” or “Restricted

18

Confidential Information” of such designating party is used or elicited from the

19

deponent.

20
21

deposition as “Confidential Information” or “Restricted Confidential Information”

22

by serving upon counsel for each party a written list of the specific portions as to

23

which such status is claimed. Such written list must be served within ten (10)

24

business days after transmittal to counsel of the transcript of such testimony. All

25

deposition testimony shall be treated as “Restricted Confidential Information” until

26

the expiration of the ten (10) business day period and, if the aforesaid written list is

27

served upon counsel, shall be treated as “Confidential Information” or “Restricted

28
4446939.1

In addition to the above, counsel for any party or non-party may designate a

Confidential Information” as so designated.
5

1

D.

2

Failure to designate and/or mark any document, deposition testimony or

Subsequent Designation

3

information as “Confidential Information” or “Restricted Confidential

4

Information” shall not preclude the designating party from thereafter in good faith

5

making such a designation and requesting the receiving party to so mark and treat

6

such documents, deposition testimony, or information so designated. Such

7

designation and request shall be made in writing. Once notified of the designation,

8

the receiving party, must make reasonable efforts to assure that the document,

9

deposition testimony or information is thereafter treated in accordance with the

10

provisions of this Order, including making reasonable efforts to recover and return

11

to the designating party all non-designated versions of any document, deposition

12

testimony, or information that contains “Confidential Information” and/or

13

“Restricted Confidential Information,” and to notify all receivers of the

14

nondesignated versions of document, deposition testimony, or information of the

15

designation. After such designation, such documents, deposition testimony or

16

information shall be fully subject to this Protective Order. Provided the receiving

17

party and its counsel act in good faith to secure compliance with the terms of this

18

Protective Order with respect to such “Confidential Information” and/or

19

“Restricted Confidential Information” following its designation, the receiving party

20

and its counsel, shall incur no liability for disclosures made prior to notice of such

21

designation. The designating party may request in writing, and the receiving party

22

shall within 10 day of such a request provide, an identification in writing of all

23

persons not qualified under this Protective Order who have received the

24

“Confidential Information” or “Restricted Confidential Information” prior to the

25

time it was so designated.

26

E.

27

The acceptance by a party of “Confidential Information” or “Restricted

28
4446939.1

Resolution Of Disputes Regarding Designation

Confidential Information” shall not constitute an admission or concession or
6

1

permit an inference that such “Confidential Information” or “Restricted

2

Confidential Information” are, in fact, “Confidential Information” or “Restricted

3

Confidential Information.” However, the documents, deposition testimony or

4

information will be treated as designated unless the receiving party follows the

5

procedures to remove, change or otherwise declassify the designation as set forth

6

in this Paragraph.

7

If a receiving party, at any time, wishes to have the “Confidential

8

Information” or “Restricted Confidential Information” designation of any

9

particular documents, deposition testimony or information removed or changed,

10
11

remove its designation and state the reason therefor. Within ten (10) business days

12

of the service of such request, counsel for the party or non-party seeking

13

confidential treatment shall serve its response in writing to any such notification by

14

either: (i) withdrawing such designation, or (ii) sending a Local Rule 37-1 meet

15

and confer letter, explaining why the party or non-party designating the particular

16

documents, deposition testimony or information believes it is entitled to the

17

designation. If after the Local Rule 37-1 meet and confer conference the parties do

18

not otherwise resolve the dispute, counsel for the party or non-party seeking

19

confidential treatment may either comply with Local Rule 7-19/Paragraph 6 of the

20

Standing Order in this case or Local Rule 37-2 (Joint Stipulation) to seek

21

permission of the Court to so designate the particular documents, deposition

22

testimony or information. Unless otherwise extended by consent of the parties, the

23

designating party or non-party shall file its ex parte application or joint stipulation

24

within 14 days of the Local Rule 37-1 meet and confer conference. The

25

designating party or non-party shall have the burden of proving that such particular

26

documents, deposition testimony or information are properly designated as

27

“Confidential Information” or “Restricted Confidential Information” pursuant to

28
4446939.1

that party shall first request in writing that the designating party or non-party

Article II. If such application or motion is timely made, the parties shall treat the
7

1

document, deposition testimony or information as originally designated until the

2

motion is decided by the Court.

3
4

III.

PERSONS TO WHOM CONFIDENTIAL DOCUMENTS,

5

DEPOSITION TESTIMONY AND INFORMATION MAY BE

6

DISCLOSED

7

A.

8

Disclosure Of Documents, Deposition Testimony And Information
Designated As “Confidential Information”

9

Documents, deposition testimony or information designated by a party as

10

“Confidential Information” may be disclosed and copies may be provided by the

11

receiving party only to:

12

1.

The receiving party’s outside counsel of record, their associate

13

counsel within their law firms, and such counsels’ support staff, legal assistants

14

and clerical personnel;

15

2.

The receiving party’s in-house counsel of record, their associate

16

counsel within their law firms, and such counsels’ support staff, legal assistants

17

and clerical personnel;

18

3.

Any non-party support services including, but not limited to,

19

outside copying services, and document imaging and database services, graphics or

20

design services, jury or trial consulting services, outside court reporting services

21

and court reporters as may be reasonably necessary in connection with the

22

preparation or conduct of this action;

23

4.

Expert witnesses or consultants retained by the receiving party

24

or its respective attorneys in connection with this action, and the employees of

25

such experts or consultants who are assisting them, only to the extent the

26

information disclosed is pertinent to the expert witness’ or consultant’s opinions;

27
28
4446939.1

5.

The Court, its clerks, assistants, and secretaries, and any court

reporter retained to record proceedings before the Court in which event such
8

1

information shall be submitted for filing under seal pursuant to Local Rule 79-5

2

and paragraph 9 of the Standing Order in this case; and

3
4

6.

Party representatives, provided that any such party

representative has signed an Undertaking, as provided in Paragraph III(C), below.

5
6
7
8
9
10
11
12
13

B.

Disclosure Of Documents, Deposition Testimony And Information
Designated As “Restricted Confidential Information”

Documents, deposition testimony and information designated as “Restricted
Confidential Information” may be disclosed and copies may be provided by the
receiving party only to:
1.

The receiving party’s outside counsel, and such counsel’s

support staff, legal assistants and clerical personnel;
2.

The receiving party’s in-house counsel of record, their associate

14

counsel within their law firms, and such counsels’ support staff, legal assistants

15

and clerical personnel;

16

3.

Any non-party support services including, but not limited to,

17

outside copying services, and document imaging and database services, graphics or

18

design services, jury or trial consulting services, outside court reporting services

19

and court reporters as may be reasonably necessary in connection with the

20

preparation or conduct of this action;

21

4.

Expert witnesses or consultants, and the employees of such

22

experts or consultants who are assisting them, retained by the receiving party or its

23

respective attorneys in connection with this action, only to the extent the

24

information disclosed is pertinent to the expert witness’ or consultant’s opinions;

25

5.

The Court, its clerks, assistants, and secretaries, and any court

26
27

information shall be submitted for filing under seal pursuant to Local Rule 79-5

28
4446939.1

reporter retained to record proceedings before the Court in which event such

and paragraph 9 of the Standing Order in this case; and
9

1

Nothing herein shall preclude the receiving party’s outside counsel of record

2

from providing advice to its clients based on “Confidential Information” or

3

“Restricted Confidential Information” documents, deposition testimony and

4

information, without disclosing the substance of the “Confidential Information” or

5

“Restricted Confidential Information” documents, deposition testimony and

6

information.

7
8

C.

Undertaking Required By Party Receiving “Confidential
Information” Or “Restricted Confidential Information”

9

Any recipient of another party’s Confidential documents, deposition

10

testimony and information subject to this Protective Order, except persons entitled

11

to receive “Confidential Information” or “Restricted Confidential Information”

12

documents, deposition testimony and information pursuant to Paragraphs III(A)(3)

13

or (5) and III(B)(3) or (5), prior to accepting receipt thereof, shall be furnished

14

with a copy of this Protective Order. Any recipient of another party’s documents,

15

deposition testimony or information subject to this Protective Order, except

16

persons entitled to receive “Confidential Information” or “Restricted Confidential

17

Information” pursuant to Paragraph III(A)(1), (2) (3) and (5) and Paragraph

18

III(B)(1), (2), (3) and (5), shall agree to be bound thereby by executing an

19

agreement, in the form attached hereto as Exhibit A, certifying that the recipient is

20

familiar with the terms of this Protective Order and agrees to be bound by its terms

21

and, specifically, that the recipient will not disclose any “Confidential

22

Information” or “Restricted Confidential Information” except as provided in this

23

Protective Order, and will not use any “Confidential Information” or “Restricted

24

Confidential Information” except for the purpose of this litigation. A copy of such

25

signed agreement shall be provided by the receiving party’s counsel of record to

26

the designating party counsel of record prior to providing the recipient with any

27

“Confidential Information” or “Restricted Confidential Information.”

28
4446939.1

10

1

D.

Additional Authorized Disclosure Of Documents, Deposition

2

Testimony Or Information Designated As “Confidential

3

Information” or “Restricted Confidential Information”

4

Notwithstanding anything to the contrary in Paragraphs III(A) or III(B)

5

above, particular documents, deposition testimony and information that have been

6

designated as “Confidential Information” or “Restricted Confidential Information”

7

may be disclosed and copies may be provided:

8

1.

To persons who can be shown from the face of the document to

9

have authored, prepared, reviewed, or received the document or for whom, at

10

deposition testimony, a proper foundation has been laid establishing that the

11

witness was a recipient of the document or the information contained within it;

12

2.

To any other persons with the prior written consent of the party

13

or non-party that designated such particular document, deposition testimony and

14

information as “Confidential Information” or “Restricted Confidential

15

Information”; and

16
17

3.
IV.

To any other persons with the prior authorization of the Court.

USE OF “CONFIDENTIAL INFORMATION” OR “RESTRICTED

18

CONFIDENTIAL INFORMATION”

19

A.

20

Use Of Designated Documents and Information
1.

“Confidential Information” or “Restricted Confidential

21

Information” shall be used by the receiving parties, their respective agents, and any

22

other persons to whom such documents, deposition testimony and information may

23

be disclosed pursuant to the Protective Order, for no purpose other than: (a) the

24

prosecution or defense of this action; or (b) as otherwise compelled by lawful

25

process (provided the designating other party is given reasonable notice to object);

26

or (c) as otherwise required by law; or (d) as permitted by the Court.

27
28
4446939.1

2.

Notwithstanding the parties’ designation of “Confidential

Information” or “Restricted Confidential Information,” any Court hearing that
11

1

refers to or describes “Confidential Information” or “Restricted Confidential

2

Information” may be held in open court with records unsealed, provided the

3

designating party is afforded reasonable notice of the receiving party’s intent to

4

disclose such “Confidential Information” or “Restricted Confidential Information”

5

in open court, so that the designating party has a reasonable opportunity to seek to

6

maintain the confidentiality of the “Confidential Information” or “Restricted

7

Confidential Information.” However, any party may request that the proceedings

8

be conducted in camera out of the presence of any unqualified persons, and any

9

transcript relating thereto be designated as “Confidential Information” or

10

“Restricted Confidential Information” and prepared in accordance with the

11

provisions of Paragraph II(C) above.

12

3.

In the event a party wishes to use any “Confidential

13

Information” or “Restricted Confidential Information” of the other party in any

14

affidavits, briefs, memoranda of law, or other papers to be filed in Court in this

15

litigation, the party shall comply with Local Rule 79-5 and Paragraph 9 of the

16

Standing Order in this case.

17

4.

The parties shall provide each other with a list of “Confidential

18
19

testimony or information to be used at trial at such time as the list of exhibits is

20

ordered by the court to be exchanged among the parties to enable the designating

21

party sufficient opportunity to seek a protective order. Any such “Confidential

22

Information” or “Restricted Confidential Information” which is designated by any

23

party to be introduced at trial may be offered into evidence in open court unless the

24

opposing party obtains an appropriate protective order from the Court before its

25

introduction. Should a party at trial determine that reference to previously unlisted

26

“Confidential Information” or “Restricted Confidential Information” is necessary

27

for impeachment or due to surprise, the provisions of Paragraph IV(A)(2) shall be

28
4446939.1

Information” or “Restricted Confidential Information” documents, deposition

applied.
12

1

5.

Nothing in this Protective Order shall affect the admissibility of

2

“Confidential Information” or “Restricted Confidential Information,” or abridge

3

the rights of any person to seek judicial review or to pursue other appropriate

4

judicial action with respect to any ruling made by the Court concerning the issue of

5

the status of “Confidential Information” or “Restricted Confidential Information.”

6

This Protective Order is without prejudice to any party seeking an order from this

7

Court imposing further restrictions on the dissemination of “Confidential

8

Information” or “Restricted Confidential Information,” or seeking to rescind,

9

modify, alter, or amend this Protective Order with respect to specific information.

10

6.

In the event any person in receipt of “Confidential Information”

11

or “Restricted Confidential Information” shall receive a written request, subpoena,

12

or Court Order seeking disclosure of another party’s “Confidential Information” or

13

“Restricted Confidential Information,” such person shall immediately upon receipt

14

of such request, subpoena, or Court Order, notify counsel for the designating party

15

of the request, subpoena, or Court Order, and shall provide counsel for the

16

designating party with a copy of the same, unless prohibited by law.

17

7.

A party producing any document or thing for inspection may

18

retain the original of such document or thing which is subject to this Protective

19

Order, but the receiving party, by its counsel of record, shall have the right to

20

examine the original, to be provided with a full and complete copy thereof at its

21

expense, and to call for production of the original at the trial of this action, if

22

reasonably necessary.

23

V.

DOCUMENTS, DEPOSITION TESTIMONY AND INFORMATION

24

EXCLUDED FROM PROTECTIVE ORDER

25

The obligations relating to any document, deposition testimony or

26
27

deposition testimony or information designated as being subject to this Protective

28
4446939.1

information subject to this Protective Order shall not apply to any document,

Order which: (a) was lawfully in the receiving party’s possession prior to the
13

1

receipt from the supplying party; (b) became public knowledge by means not in

2

violation of the provisions of this Protective Order; (c) was, or is hereafter,

3

obtained from a source or sources not under an obligation of secrecy to the other

4

party; (d) is discovered independently by the receiving party; or (e) is exempted

5

from the provisions of this Protective Order by written consent of the party

6

producing such “Confidential Information” or “Restricted Confidential

7

Information.” Notwithstanding the provisions of Article III above, nothing herein

8

shall prevent any producing party from using or disclosing its own “Confidential

9

Information” or “Restricted Confidential Information.” Nothing in this Order shall

10

preclude any party from showing an employee of a designating party at a

11

deposition of that employee any “Confidential Information” or “Restricted

12

Confidential Information” of the designating party.

13

VI.

RETURN OF DOCUMENTS, DEPOSITION TESTIMONY OR

14
15

Within sixty (60) days after conclusion of litigation, outside counsel for each

16

receiving party or other individual subject to this Protective Order (which does not

17

include the Court and Court personnel) shall be under an obligation to assemble

18

and return to the designating party, or to destroy (and certify the destruction)

19

should the designating party so permit, any document, deposition testimony and

20

information subject to this Protective Order and all copies thereof. Any copy of

21

any document, deposition testimony or information designated by the opposing

22

party as “Confidential Information” or “Restricted Confidential Information”

23

containing notes of outside counsel may be destroyed rather than returned. Notice

24

of the return or destruction of any “Confidential Information” or “Restricted

25

Confidential Information” shall be made in writing, and notice of receipt thereof

26

shall be acknowledged in writing. Notwithstanding the foregoing provisions of this

27

Paragraph, outside counsel shall be entitled to retain all memoranda or reports

28
4446939.1

INFORMATION

prepared by them or any expert witness or consultant which contain “Confidential
14

1

Information” or “Restricted Confidential Information” and litigation documents

2

containing “Confidential Information” or “Restricted Confidential Information”

3

which become part of the record of this action, including pleadings, briefs,

4

deposition transcripts and exhibits, but such litigation documents shall be used

5

only for the purpose of preserving a record of the action, and shall not, without the

6

written permission of the opposing party or an order of this Court, be disclosed to

7

anyone other than those to whom such information was actually disclosed, in

8

accordance with this Protective Order, during the course of this action.

9

VII. SURVIVAL

10

All obligations and duties arising under this Protective Order shall survive

11

the termination of this action.

12

VIII. INADVERTENT PRODUCTION

13

The inadvertent or mistaken disclosure of any “Confidential Information” or

14

“Restricted Confidential Information” by a producing party, without the

15

designation required under Article II, above, shall not constitute a waiver of any

16

claim that the inadvertently disclosed material is entitled to protection under this

17

Order, if such inadvertent or mistaken disclosure is brought to the attention of the

18

receiving party promptly after the producing party’s discovery of such disclosure.

19

Along with notice of inadvertent or mistaken disclosure, the producing party shall

20

provide properly marked documents to each party to whom “Confidential

21

Information” or “Restricted Confidential Information” was inadvertently disclosed;

22

and upon receipt of these properly marked documents, the receiving party shall

23

return to the producing party, or destroy, the improperly marked documents that

24

were initially produced, along with any copies or duplicates thereof. Nothing in

25

this paragraph shall prevent the receiving party from using the properly marked

26

copy of the inadvertently produced document in any way consistent with this

27

Order.

28
4446939.1

15

1

If a party through inadvertence produces or provides discovery which it

2

believes is subject to a claim of attorney-client privilege or work product

3

immunity, in the event the receiving party discovers that it has received such

4

documents, it will bring that fact to the attention of the producing party

5

immediately upon discovery. In the event that the producing party discovers that it

6

has produced either attorney-client privilege or work-product protected documents,

7

it will bring that fact to the attention of the receiving party immediately upon

8

discovery. Upon request by the producing party, the receiving party will promptly

9

return to the producing party any attorney client privilege or work-product-

10

protected document and any copies that the receiving party may have made. Upon

11

request by the producing party, the receiving party will promptly disclose the

12

names of any individuals who have read or have had access to the attorney-client

13

privilege or work-product-protected document. Further, the receiving party must

14

take reasonable steps to retrieve the information if the receiving party disclosed it

15

before being notified. Return of the documents by the receiving party shall not

16

constitute an admission or concession, or permit any inference, that the returned

17

document or thing is, in fact, properly subject to a claim of attorney-client privilege

18

or work product immunity nor shall it foreclose any party from moving the Court

19

for any order that such document or thing has been improperly designated or

20

should be producible for reasons other than a waiver caused by the inadvertent

21

production.

22

IX.

23

NO IMPLIED WAIVER OR ADMISSION
No party shall be obligated to challenge the propriety of any designation of

24

“Confidential Information” or “Restricted Confidential Information” by another

25

party or non-party, and the failure to do so shall not constitute a waiver or

26

otherwise preclude a subsequent challenge to the designation.

27
28
4446939.1

//
//
16

1

X.

NOTICE AND SERVICE

2

For purposes of any provisions in this Protective Order requiring or

3

permitting service of a notice, objections, requests, responses, designations or the

4

like, service shall be accomplished either by email or by overnight delivery via a

5

commercial delivery service to all counsel of record. When served via email,

6

service shall be deemed complete on the date of transmission if the electronic

7

transmission occurs before 5:00 p.m. Pacific time; otherwise, service shall be

8

deemed complete the next business day. Service via overnight delivery shall be

9

deemed complete upon delivery.

10

IT IS SO ORDERED.

11
12

Dated: February 22, 2012

By:

/s/
Hon. Jacqueline Chooljian, Magistrate Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4446939.1

17

1

EXHIBIT A: AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

2

I have read the Protective Order governing the production of “Confidential

3

Information” and “Restricted Confidential Information” in the case of Tedesco v.

4

Pepe et al., Case No. CV 11-06203 JFW (JCx) (“Order”). I understand the terms of

5

the Order and agree to be fully bound by them, specifically, that I will not disclose

6

any “Confidential Information” or “Restricted Confidential Information” except as

7

provided in the Order, and will not use any “Confidential Information” or

8

“Restricted Confidential Information” except for the purpose of this litigation. I

9

hereby submit to the jurisdiction of the U.S. District Court, Central District of

10

California, for purposes of enforcement of the Order. I understand that any

11

violation of the terms of the Order may be punishable by money damages, interim

12

or final injunctive or other equitable relief, sanctions, contempt of court citation, or

13

such other or additional relief as deemed appropriate by the Court.

14
15
16

Date: ___________________ Signature:

17
18
19
20
21
22
23
24
25
26
27
28
4446939.1

18