Leland Saylor v. Saylor Publications Inc et al
Filing
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PROTECTIVE ORDER by Magistrate Judge Carla Woehrle. [Note change made by court] RE: GRANTING Joint request for Protective Order for DESIGNATION OF CONFIDENTIAL DOCUMENTS IN DISCOVERY 27 . [SEE ORDER FOR FURTHER DETAILS] (gr)
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Brian E. Bisol (State Bar No. 180672)
THE BISOL FIRM, APC
19800 MacArthur Boulevard, Suite 1000
Irvine, California 92612
Telephone (949) 769-3680
Facsimile: (949) 263-0005
E-Mail: bbisol@bisolfirm.com
Attorneys for Plaintiff and Counterdefendant
Leland S. Saylor
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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LELAND S. SAYLOR,
Case No.: CV12-7268 MWF(CWx)
Plaintiff,
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[Proposed] PROTECTIVE ORDER
vs.
SAYLOR PUBLICATIONS, INC., a
California Corporation; SIERRA
WEST LLC, a California Limited
Liability Company; and MARY
WALLERS, an individual;
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Counterclaim Filed:
Trial:
August 23, 2012
None Set
Note change made by court
Defendants.
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AND RELATED CROSS-ACTIONS
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Having considered the Stipulation for Entry of Protective Order, and good
cause appearing therefor,
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IT IS SO ORDERED as follows:
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1.
In connection with the discovery proceedings in this action, the parties
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may designate any document, thing, material, testimony or other information
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derived therefrom, as “Confidential” or “Confidential – Attorney Eyes Only” under
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the terms of this Stipulated Protective Order (“hereinafter “Order”). Confidential
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information is information which has not been made public and includes but is not
THE BISOL FIRM, APC
19800 MacArthur Boulevard
Suite 1000
Irvine, California 92612
Telephone: (949) 769-3680
Facsimile: (949) 263-0005
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[Proposed] PROTECTIVE ORDER
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limited to the processes, operations, type or work, or apparatus, or the production,
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sales, shipments, purchases, transfers, identification of customers, inventories,
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amount or source of any income, profits, losses, or expenditures of any persons,
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firm, partnership, corporation, or other organization, the terms of agreements or
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other confidential business information, the disclosure of which information may
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have the effect of causing harm to the competitive position of the person, firm,
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partnership, corporation, or to the organization from which the information was
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obtained.
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2.
Confidential documents shall be so designated by stamping copies of
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the document produced to a party with the legend “CONFIDENTIAL” or
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“CONFIDENTIAL – ATTORNEY EYES ONLY,” or stamping the legend
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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY EYES ONLY” on the
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cover of any multi-page document shall designate all pages of the document as
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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY EYES ONLY,” unless
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otherwise indicated by the producing party.
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3.
A party shall not be obligated to challenge the propriety of a
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designation of information as protected at the time made, and failure to do so shall
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not preclude a subsequent challenge thereto. If any party to the action disagrees at
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any stage of the proceedings with such a designation, that party shall provide to the
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producing party written notice of its disagreement. The parties shall first try to
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dispose of such dispute in good faith on an informal basis. If the dispute cannot be
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resolved, the party challenging the designation may request appropriate relief from
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the Court or Magistrate, as appropriate, in strict compliance with Local Rules 37-1
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and 37-2 (including the Joint Stipulation requirement). In the event of any dispute
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over the designation of information under this Order, the party making the
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designation shall bear the burden of proving that its designation is correct.
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THE BISOL FIRM, APC
19800 MacArthur Boulevard
Suite 1000
Irvine, California 92612
Telephone: (949) 769-3680
Facsimile: (949) 263-0005
4.
Testimony taken at a deposition may be designated as
“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY EYES ONLY,” by
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[Proposed] PROTECTIVE ORDER
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making a statement to that effect on the record at the deposition. Arrangements
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shall be made with the court reporter taking and transcribing such proceeding to
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separately bind such portions of the transcript containing information designated as
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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY EYES ONLY,” and to
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label such portions appropriately.
5.
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Materials designated as “CONFIDENTIAL” or “CONFIDENTIAL –
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ATTORNEY EYES ONLY,” under this Order, the information contained therein,
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and any summaries, copies, abstracts, or other documents derived in whole or in part
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from material designated as confidential (hereinafter “Confidential Material”), shall
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be used only for the purpose of the prosecution, defense, or settlement of this action,
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and for no other purpose.
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Subject to the terms of Paragraph 8, Confidential Material designated
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“CONFIDENTIAL,” and produced pursuant to this Order, may be disclosed or
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made available only to the Court, to counsel for a party (including the paralegal,
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clerical, and secretarial staff employed by such counsel), and to the “qualified
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persons” designated below:
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(a)
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necessary by counsel to aid in the prosecution, defense, or settlement of this action;
(b)
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A party, or an officer, director or employee of a party deemed
Experts or consultants (together with their clerical staff) retained
by such counsel to assist in the prosecution, defense, or settlement of this action;
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(c)
Court reporter(s) employed in this action;
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(d)
A witness at any deposition or other proceeding in this action;
(e)
Any other person as to whom the parties in writing agree.
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and
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7.
Subject to the terms of Paragraph 8, Confidential Material designated
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“CONFIDENTIAL – ATTORNEY EYES ONLY,” and produced pursuant to this
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Order, may be disclosed or made available only to the Court, to counsel for a party
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(including the paralegal, clerical, and secretarial staff employed by such counsel),
THE BISOL FIRM, APC
19800 MacArthur Boulevard
Suite 1000
Irvine, California 92612
Telephone: (949) 769-3680
Facsimile: (949) 263-0005
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[Proposed] PROTECTIVE ORDER
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and to the “qualified persons” designated below:
(a)
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Experts or consultants (together with their clerical staff) retained
by such counsel to assist in the prosecution, defense, or settlement of this action;
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(b)
Court reporter(s) employed in this action;
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(c)
A witness at any deposition or other proceeding in this action to
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the extent the Confidential Material designated “CONFIDENTIAL – ATTORNEY
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EYES ONLY,” was authored by or addressed to the person testifying or such person
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is established as knowledgeable or such Confidential Material prior to the
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testimony; and
(d)
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Any other person as to whom the parties in writing agree.
Prior to receiving any Confidential Material, each “qualified person”
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shall be provided with a copy of this Order and shall execute a “Nondisclosure
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Agreement” in the form of Attachment “A,” which shall be retained by counsel for
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the party obtaining the Nondisclosure Agreement.
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9.
Portions of depositions involving “CONFIDENTIAL” or
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“CONFIDENTIAL – ATTORNEY EYES ONLY” shall be taken only in the
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presence of qualified persons.
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10.
At no time shall any person who receives or learns of Confidential
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Material produced in this case disclose, release or use such information in any
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manner other than as provided in Paragraph 5 herein; provided, however, that
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nothing herein shall impose any restrictions on the use or disclosure by a party of
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material obtained by such independent of discovery in this action, whether or not
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such material is also obtained through discovery in this action, or form disclosing its
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own Confidential Material as it deems appropriate.
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11.
If Confidential Material, including any portion of a deposition
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transcript designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY
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EYES ONLY,” is included in any papers to be filed in Court, such papers shall be
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filed in accordance with Local Rule 79-5.1, which provides, in pertinent part, that if
THE BISOL FIRM, APC
19800 MacArthur Boulevard
Suite 1000
Irvine, California 92612
Telephone: (949) 769-3680
Facsimile: (949) 263-0005
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[Proposed] PROTECTIVE ORDER
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any paper to be filed with the Court contain information and/or documents that have
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been designated as “Confidential” or “Confidential-Attorney Eyes Only,” the
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proposed filing shall be accompanied by an application to file the papers or the
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portion thereof containing the designated information or document (if such portion
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is segregable) under seal; and the application shall be directed to the judge to whom
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the papers are directed. Further, for motions, the parties should file a redacted
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version of the motion and supporting papers. In addition, the parties acknowledge
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that the Magistrate has forewarned them that neither the fact that counsel have
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stipulated to an under seal filing not the fact that a proposed filing contains
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information or documents that one of the parties elected to designate as
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“Confidential” or “ Confidential – Attorney Eyes Only” in accordance with the
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terms of the protective order is sufficient in itself for the Court to find that good
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cause exists to file the papers or portion containing the designated information or
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document under seal. The parties understand that at the very least, the parties will
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need to convince the Court in their application that protection clearly is warranted
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for the designated information or documents. Also, for declarations with exhibits,
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this means making the requisite showing on an exhibit by exhibit basis.
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12.
This Order shall be without prejudice to the right of the parties: (i) to
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bring before the Court at any time the questions of whether any particular document
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or information is properly designated as “CONFIDENTIAL” or “CONFIDENTIAL
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– ATTORNEY EYES ONLY” or whether its use should be restricted or (ii) to
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present a motion to the Court for a separate protective order as to any particular
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document or information, including restrictions differing from those as specified
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herein. However, prior to bringing any matter regarding this Order to the Court,
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including the filing of a motion, the parties must strictly comply with the provisions
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of Local Rules 37-1 and 37-2 (including the joint stipulation requirement). Further,
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this Order shall not be deemed to prejudice the parties in any way in any future
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application for modification of this Order.
THE BISOL FIRM, APC
19800 MacArthur Boulevard
Suite 1000
Irvine, California 92612
Telephone: (949) 769-3680
Facsimile: (949) 263-0005
-5-
[Proposed] PROTECTIVE ORDER
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13.
This Order is entered solely for the purpose of facilitating the exchange
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of documents and information between the parties to this action without involving
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the Court unnecessarily in the process. Nothing in this Order nor the production of
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any information or document under the terms of this Order nor any proceedings
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pursuant to this Order shall be deemed to have the effect of an admission or waiver
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by any party or of altering the Confidentiality or Non-Confidentiality of any such
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document or information or altering any existing obligation of any party or the
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absence thereof. Nothing in this Order shall affect the parties' ability to raise
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objections or oppose discovery on any appropriate ground, including without
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limitation, that the discovery at issue involves confidential, proprietary, and trade
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secret information. The parties' stipulation to a protective order and the Court's
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entry of a protective order shall not constitute an entitlement to information that may
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be subject to the protective order. Any appropriate objection may be raised by the
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parties and should be evaluated and reviewed by the Court as if there were no
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Protective Order.
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14.
This Order shall survive the final termination of this action, to the
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extent that the information contained in the Confidential Material is not or does not
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become known to the public, and the Court shall retain jurisdiction: (i) to resolve
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any dispute concerning the use of information disclosed hereunder; and (ii) to
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enforce the provisions of this Order following termination of this litigation. Upon
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termination of this case, counsel for the parties shall assemble and return to one
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another all documents, materials and deposition transcripts designated as
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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEY EYES ONLY,” and all
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copies of same, or shall certify the destruction thereof, within forty-five (45) days.
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15.
Notwithstanding Paragraph 14, the attorneys of record for a party may
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retain indefinitely, in “secured storage” (defined below), a reasonable number of
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archival copies of protected information. Such protected information may not be
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sued or disclosed except: (i) as permitted by this Order, (ii) by agreement of the
THE BISOL FIRM, APC
19800 MacArthur Boulevard
Suite 1000
Irvine, California 92612
Telephone: (949) 769-3680
Facsimile: (949) 263-0005
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[Proposed] PROTECTIVE ORDER
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producing party in question, or (iii) by further order of this Court. The archival
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copies may be in hard-copy, electronic, magnetic, optical-disk or other form, or any
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combination thereof. By way of example and not limitation, outside counsel may
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maintain, e.g., a set of production documents; as set of pleadings, briefs, and similar
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Court papers; a set of trial exhibits; a copy of the record on appeal; a reasonable
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number of backup tapes containing protected information in electronic form that had
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been maintained on law firm computer networks (i.e., counsel need not specifically
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purge the firms’ routine backup tapes of protected information as long as the backup
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tapes are kept in secure storage); and the like. “Secure storage” for archival copies
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of protected information does not include storage that is routinely physically
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accessible from a local-area network, wide-area network, of the Internet.
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16.
In the event that a party seeks discovery from a nonparty to this action,
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the nonparty may invoke the terms of this Order in writing to all parties to the action
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with respect to any protected information to be provided to the requesting party by
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the nonparty.
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The proposed protective order shall provide that “Nothing in this Order
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shall be construed as authorizing a party to disobey a lawful subpoena issued in
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another action.”
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Dated: February 14, 2013
____________________________
Carla M. Woehrle
United States Magistrate Judge
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THE BISOL FIRM, APC
19800 MacArthur Boulevard
Suite 1000
Irvine, California 92612
Telephone: (949) 769-3680
Facsimile: (949) 263-0005
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[Proposed] PROTECTIVE ORDER
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Attachment “A”
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NONDISCLOSURE AGREEMENT
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I, ______________________________, do solemnly swear that I am fully
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familiar with the terms of the Protective Order, dated _______________, 2013,
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entered in the matter of Leland S. Saylor v. Saylor Publications, Inc., et al., Federal
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District Court for the Central District of California, Case No. CV 12-7268-
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MWF(CWx), and hereby agree to comply with and be bound by the terms and
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conditions of said Protective Order unless and until modified by further Order of this
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Court. I hereby consent to the jurisdiction of said Court for purposes of enforcing the
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Protective Order.
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DATED: ______________________
___________________________
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Title: ______________________
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THE BISOL FIRM, APC
19800 MacArthur Boulevard
Suite 1000
Irvine, California 92612
Telephone: (949) 769-3680
Facsimile: (949) 263-0005
-8-
[Proposed] PROTECTIVE ORDER
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