Bob Banner Associates Inc v. Whacko Inc et al

Filing 26

PROTECTIVE ORDER by Judge Manuel L. Real re Stipulation for Protective Order 24 (pj)

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JOEL McCABE SMITH (State Bar No. 50973)
ELIZABETH L. SCHILKEN (State Bar No. 241231)
LEOPOLD, PETRICH & SMITH, P.C.
2049 Century Park East, Suite 3110
Los Angeles, California 90067-3274
Tel: [phone] • Fax: [phone]
Email: [e-mail]
Attorneys for Defendants and
Counterclaimants WHACKO, INC.
and CAROL BURNETT, and
Counterclaimant MABEL CAT, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Plaintiff,

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CASE NO.: CV13-00083 R (VBKx)

BOB BANNER ASSOCIATES, INC., a
California corporation,

ORDER RE STIPULATION FOR
PROTECTIVE ORDER

v.
WHACKO, INC., a California corporation;
CAROL BURNETT, an individual; and
DOES 1 through 100, inclusive,
Defendants.
__________________________________

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MABEL CAT, INC., a California
corporation; WHACKO, INC., a California
corporation; and CAROL BURNETT, an
individual,

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v.

Counterclaimants,

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BOB BANNER ASSOCIATES, INC., a
California corporation, LEGENDARY
ENTERTAINMENT ALLIANCE, LLC, a
California limited liability company,
previously sued herein as ROE 1, and ROES
2 - 100, inclusive,
Counterdefendants.

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LEOPOLD, PETRICH
& SMITH
A Professional Corporation

[PROPOSED] ORDER RE STIPULATION FOR PROTECTIVE ORDER

Proposed Order re Stipulation for Protective Order.doc

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This Court, having read and considered the Stipulation for Protective Order

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submitted by Plaintiff and Counterdefendant Bob Banner Associates, Inc.,

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Counterdefendant Legendary Entertainment Alliance, LLC, Defendants and

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Counterclaimants Whacko, Inc. and Carol Burnett, and Counterclaimant Mabel Cat,

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Inc., by their attorneys (collectively, the “Parties”), and finding good cause therefor,

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orders that:

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1.

This Stipulation for Protective Order shall govern the production, use and

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handling of confidential, proprietary and/or private documents and information

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produced by parties in this litigation in response to written discovery and in initial

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disclosures (collectively “Confidential Material” or “Material”). All Confidential

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Material subject to this Protective Order shall be used solely for the prosecution,

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defense or settlement of this action and shall not be used by any other party, other than

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the party that produced it, in any other litigation, for business, competitive, or

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publicity purposes, or for any other purpose whatsoever.

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2.

Any party responding to discovery or otherwise (“Designating Party”)

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may designate Confidential Material by placing a “Confidential” stamp on each page

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so designated, for each document or information that, in good faith, the party believes

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is confidential, proprietary and/or private. Documents and written discovery

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responses shall be designated as “Confidential” at the time of production. In addition,

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if a party files or lodges papers with the Court that incorporate Confidential Material,

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those unredacted papers, or the Confidential portions thereof, shall be treated as

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Confidential Material.

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3.

The inadvertent production of any confidential, private or proprietary

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material during the scope of this action, regardless of whether the material was

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designated Confidential at the time of disclosure, shall not be deemed a waiver of a

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party’s claim to confidentiality and shall not constitute a waiver of a party’s right to

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subsequently designate such material as Confidential.

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LEOPOLD, PETRICH
& SMITH
A Professional Corporation

4.

Confidential Material shall not include, and this Stipulation for Protective
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[PROPOSED] ORDER RE STIPULATION FOR PROTECTIVE ORDER

Proposed Order re Stipulation for Protective Order.doc

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Order shall not be construed to apply to, any information that: (a) is already public

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knowledge or otherwise in the public domain; (b) has become public knowledge or

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enters the public domain other than as a result of disclosure in violation of this

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Stipulation; or (c) has come or shall come into a receiving party’s possession from

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sources other than the Designating Party.

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5.

Confidential Material shall not be shown, revealed, released, disclosed,

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or communicated in any way to any person or entity, except those listed in Paragraph

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6 below, without the advance written authorization of the party that produced it.

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6.

Confidential Material may only be disclosed to the following:

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a.

To the Court, subject to paragraph 7 below;

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b.

The attorneys of record for the parties to this litigation, their

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respective associates, partners, clerks, paralegals, legal assistants,

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secretaries, and other support staff who are actively engaged in

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assisting such attorneys in the prosecution or defense of this

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litigation or the related litigation;

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c.

Experts retained or consulted by any party or their counsel as

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required to assist in the conduct of this litigation, provided that

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prior to disclosure, any such expert is provided with a copy of this

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Protective Order and acknowledges in writing that he or she agrees

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to be bound by these terms;

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d.

The parties to this litigation, to the extent that such disclosure is

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necessary for the prosecution, defense or settlement of this

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litigation;

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e.

Clerical or ministerial service providers, including outside copying

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services and court reporters, retained by a party’s counsel to assist

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such counsel in connection with this litigation; and

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f.

Authors, addressees or recipients of the Confidential Material; and

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g.

Any person of whom testimony is taken in this action, provided

LEOPOLD, PETRICH
& SMITH
A Professional Corporation

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[PROPOSED] ORDER RE STIPULATION FOR PROTECTIVE ORDER

Proposed Order re Stipulation for Protective Order.doc

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that prior to disclosure, any such person who does not also fall into

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another subcategory of this paragraph is provided with a copy of

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this Protective Order and acknowledges in writing that he or she

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agrees to be bound by these terms.

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7.

Prior to lodging or filing with the Court any Material that has been

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designated Confidential, the party who wishes to lodge or file such Confidential

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Material shall give written notice to the party who designated the Material as

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Confidential. With respect to motion papers, the party who designated the Material as

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Confidential shall have five (5) business days from the receipt of such written notice

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to apply to the Court for an order sealing the Material. With respect to opposition or

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reply papers, the party who designated the Material as Confidential shall have three

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(3) business days from the receipt of such written notice to apply to the Court for an

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order sealing the Material. The Material designated as Confidential may not be

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lodged or filed with the Court by the non-designating party prior to the expiration of

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the notice period or until the designating party has applied to the Court to have the

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Material sealed, whichever comes first, unless the non-designating party chooses to

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file an application to have the Material sealed for purposes of including the material

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with an accompanying filing. However, once the application to have the Material

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sealed is filed, and pending a resolution of the application, the Material designated as

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Confidential may not be lodged or filed with the Court unless it is placed in a separate

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sealed envelope or sealed container with the designation “CONDITIONALLY

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UNDER SEAL.” Any party who stipulates to, fails to oppose, or files a motion to seal

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does not waive its right to later object to or challenge any designation of the Material

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as Confidential.

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8.

Any party to this stipulation has the right to challenge a designation of

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information as “Confidential” pursuant to this Protective Order. A party shall not be

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obligated to challenge the propriety of a designation as “Confidential” at the time such

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designation is made, and a failure to do so shall not preclude a subsequent challenge

LEOPOLD, PETRICH
& SMITH
A Professional Corporation

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[PROPOSED] ORDER RE STIPULATION FOR PROTECTIVE ORDER

Proposed Order re Stipulation for Protective Order.doc

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thereto.

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(a) Any party may in good faith object to the designation of any material as

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“Confidential” by providing written notice of such objections to the

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Designating Party. The grounds for objection shall be stated with reasonable

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particularity.

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(b) The Parties shall thereafter make a reasonable and good faith attempt to

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resolve the issue informally. If the dispute cannot be resolved within fourteen

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(14) days, the Designating Party may, within fourteen (14) days thereafter,

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apply to the Court for a protective order limiting the use and dissemination of

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the challenged Material. The burden of proving that the challenged Material

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has been properly designated as “Confidential” is on the Designating Party.

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The challenged Material shall be treated as confidential until such time as the

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Court has ruled on the motion for a protective order.

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9.

Within thirty (30) days of the conclusion of all proceedings, each party

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shall return all Material designated Confidential to the party on whose behalf such

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Material was produced, provided, however, that each Party’s outside counsel may

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retain a copy of such material for its records if it deems such retention necessary.

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With permission in writing from the Designating Party, a receiving party may destroy

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some or all of the Confidential Material and provide a certification of such destruction

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to the Designating Party, instead of returning it.

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10.

This Protective Order shall continue to be binding throughout this

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litigation and after its conclusion. The final award in this action shall not relieve any

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person to whom Confidential Material has been disclosed from the obligation of

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maintaining the confidentiality of such information as set forth herein. However, this

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Stipulation for Protective Order shall in no way govern the use of Confidential

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Material at trial (“trial,” as used in this paragraph, does not include matters such as

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pre-trial motions and motions in limine). Any concerns regarding confidential

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information and procedures to be used at trial with respect thereto should be raised by

LEOPOLD, PETRICH
& SMITH
A Professional Corporation

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[PROPOSED] ORDER RE STIPULATION FOR PROTECTIVE ORDER

Proposed Order re Stipulation for Protective Order.doc

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the concerned parties at or prior to the Final Pretrial Conference to be addressed by

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the Court.

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All disputes concerning matters falling within the scope of or relating to

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the interpretation of this Stipulation for Protective Order shall be submitted for ruling

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to the Court. At any hearing on such submitted matter, all persons not specifically

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contemplated by Paragraph 6 shall be excluded from the hearing.

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By entering into this Stipulation for Protective Order, the Parties do not waive any

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right(s) to assert the attorney client privilege, work product doctrine, financial privacy

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or any other objection that could be raised in response to any party’s discovery

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requests. Further, nothing in this Stipulation for Protective Order shall limit any

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Party's right or ability to seek an amendment or adjustment of this Order from the

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Court.

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IT IS SO ORDERED.

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Dated: March 19, 2013
_____________________________________
UNITED STATES DISTRICT JUDGE

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LEOPOLD, PETRICH
& SMITH
A Professional Corporation

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[PROPOSED] ORDER RE STIPULATION FOR PROTECTIVE ORDER

Proposed Order re Stipulation for Protective Order.doc

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PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

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I am employed in the County of Los Angeles, State of California. I am over the
age of 18 years and not a party to the within action. My business address is 2049
Century Park East, Suite 3110, Los Angeles, California 90067-3274.

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On March 18, 2013, I served the foregoing document described as
[PROPOSED] ORDER RE STIPULATION FOR PROTECTIVE ORDER on the
interested parties in this action.
by placing the original and/or a true copy thereof enclosed in (a) sealed
envelope(s), addressed as follows:

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David R. Schwarcz, Esq.
Schwarcz, Rimberg, Boyd & Rader, LLP
6310 San Vicente Boulevard, Suite 360
Los Angeles, CA 90048

Counsel for Plaintiff and Counterdefendant
Bob Banner Associates, Inc., and
Counterdefendant Legendary Entertainment
Alliance, LLC

BY REGULAR MAIL: I deposited such envelope in the mail at 2049 Century Park East,
Suite 3110, Los Angeles, California 90067-3274. The envelope was mailed with postage
thereon fully prepaid.
I am “readily familiar” with the firm’s practice of collection and processing correspondence
for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary
course of business. I am aware that on motion of the party served, service is presumed invalid
if postal cancellation date or postage meter date is more than one (1) day after date of deposit
for mailing in affidavit.
BY FACSIMILE MACHINE: I transmitted a true copy of said document(s) by facsimile
machine, and no error was reported. Said fax transmission(s) were directed as indicated on
the service list.
BY ELECTRONIC MAIL: I transmitted a true copy of said document(s) by electronic
mail, and no error was reported. Said electronic mail transmission(s) were directed as
indicated on the service list.
BY OVERNIGHT MAIL: I deposited such documents at the Federal Express Drop Box
located at 2049 Century Park East, Suite 3110, Los Angeles, California 90067-3274. The
envelope was deposited with delivery fees thereon fully prepaid.
BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the above
addressee(s).

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(Federal) I declare that I am employed in the office of a member of the Bar of
this Court, at whose direction the service was made. I declare under penalty of
perjury under the laws of the State of California that the foregoing is true and
correct.

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Executed on March 18, 2013, at Los Angeles, California.

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/s/

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Kathryn Toyama