Securities and Exchange Commission v. Toby G Scammell

Filing 31

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. NOTE COURT'S CHANGES AT PARAGRAGH 4.4. (See Order for further details) re Stipulation for Protective Order 30 (vm)

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NOTE COURT’S CHANGES AT PARAGRAPH 4.4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 14 SECURITIES AND EXCHANGE Case No. LACV-11-6597 DSF (MRWx) COMMISSION, [PROPOSED] PROTECTIVE ORDER Plaintiff, [DISCOVERY MATTER] vs. 15 TOBY G. SCAMMELL, 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant. Judge: Ctrm: Hon. Michael R. Wilner H Complaint Filed: Aug. 11, 2011 1 Pending before the Court is the parties’ Joint Stipulation Re Protective 2 Order. Good cause appearing therein, the relief sought through the Stipulation is 3 granted. IT IS HEREBY ORDERED that: 4 1. 1.1 5 6 DEFINITIONS Party: any party to this action, including all of its officers, employees, attorneys, consultants, retained experts, and support staff. 7 1.2 Discovery Material: all items or information, regardless of the 8 medium or manner generated, stored, or maintained (including, among other 9 things, Fed. R. Civ. Proc. 26 disclosures, testimony, transcripts, or tangible things) 10 produced by a Party in discovery in the course of this litigation, whether 11 voluntarily or in response to a request for production of documents pursuant to Fed 12 R. Civ. Proc. 34, that are not otherwise publicly available. 13 14 1.3 a Producing Party. 15 16 Receiving Party: a Party that receives Discovery Material from 1.4 Producing Party: a Party that produces Discovery Material in this action. 17 2. 18 The protection conferred by this Protective Order covers not only Discovery 19 Material (as defined above), but also any information copied or extracted there 20 from, as well as all copies, excerpts, summaries, or compilations thereof that might 21 reveal Discovery Material. SCOPE 22 3. 23 Even after termination of this litigation, the confidentiality obligations 24 imposed by this Protective Order shall remain in effect until a Producing Party 25 agrees otherwise in writing or a court order otherwise directs. DURATION 26 27 28 -1- 4. 1 4.1 2 3 ACCESS TO AND USE OF DISCOVERY MATERIAL The Parties agree not to disclose Discovery Material received from a Producing Party, other than for purposes related to this litigation. 4.2 4 The Parties agree that Discovery Material received from a 5 Producing Party may be used for purposes related to this litigation, including use in 6 depositions in this litigation, use in connection with expert witnesses and 7 consultants, and may be submitted and/or referenced in filings and arguments 8 made to the Court in this case. 9 4.3 10 Nothing in this Protective Order shall alter the Parties’ obligations under Federal Rule of Civil Procedure 5.2. 4.4 11 The Parties agree that no Party shall disclose Discovery 12 Material for purposes not related to this litigation, including disseminating or 13 disclosing Discovery Material to the media, making such information available to 14 the public and/or posting such information on the internet. Notwithstanding this 15 paragraph, nothing in this Protective Order shall restrict the dissemination of any 16 document which is publicly available by virtue of being filed with the Court in the 17 course of this litigation. The parties may request permission to file materials with 18 the Court under seal as permitted by Local Rule 79-5 and Judge Fischer’s standing 19 order. 20 4.5 Disclosure of “Disclosure or Discovery Material” by the 21 Securities and Exchange Commission. Notwithstanding the above paragraphs, 22 nothing in this Protective Order shall be construed to limit or otherwise abrogate 23 the Commission’s ability to make its files available as described in the “Routine 24 Uses of Information” section of SEC Form 1662, or to comply with any other 25 statutory obligation. The Commission may disclose Discovery Material in a 26 manner consistent with the “Routine Uses of Information” section of SEC Form 27 1662 or to comply with any other statutory or regulatory obligation without 28 -2- 1 notifying or seeking permission from the Producing Party. 2 IT IS SO ORDERED. 3 4 5 DATED: March 20, 2012 6 7 /s/ Judge Wilner _________________________________ HONORABLE MICHAEL R. WILNER UNITED STATES MAGISTRATE JUDGE 8 9 10 . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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