Mass Appeal Media Inc v. Davina Douthard Inc et al

Filing 49

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 46 . Pursuant to the Stipulation for Joint Submission of Proposed Stipulated Protective Order by the parties, Plaintiff Mass Appeal Media, Inc. ("Plai ntiff") and Defendant Davina Douthard, Inc. ("Defendant"), and finding good cause for the entry therefore, IT IS HEREBY ORDERED that all discovery in this action shall be governed by the following terms and conditions: (See Order for details.) (mp)

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MICHAEL P. MARTIN [SBN 190213]
FISCHBACH, PERLSTEIN, LIEBERMAN
& ALMOND, LLP
1925 Century Park East, Suite 2050
Los Angeles, California 90067-2746
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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Civil Action No. CV13-03258 – DDP
(AGRx)

MASS APPEAL MEDIA, INC., a
Delaware corporation,

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Plaintiff,

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STIPULATED
PROTECTIVE ORDER

v.

Before Honorable Alicia G.
Rosenberg

DAVINA DOUTHARD, INC., a
California Corporation, and DOES 110.

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Defendants.

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Pursuant to the Stipulation for Joint Submission of Proposed Stipulated

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Protective Order by the parties, Plaintiff Mass Appeal Media, Inc. (“Plaintiff”) and

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Defendant Davina Douthard, Inc. (“Defendant”), and finding good cause for the

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entry therefore, IT IS HEREBY ORDERED that all discovery in this action shall be

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governed by the following terms and conditions:

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STIPULATED PROTECTIVE ORDER

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1.

Any confidential information produced by or on behalf of any party or

non-party as part of discovery in this action may be designated by the producing
party (ies) as “Confidential” or “Confidential/Attorneys’ Eyes Only.” As a general
guideline, any information which is publicly available should not be designated as
“Confidential” or “Confidential/Attorneys’ Eyes Only.” A document should be
designated “Confidential” or “Confidential/Attorneys’ Eyes Only” when it contains
or reflects confidential business information such as marketing plans or strategies,
business plans, strategic plans, license agreements or negotiations, distribution
agreements, manufacturing agreements, employee files, customers’ identities and
personal information, merchandising, research and development of products not yet
released or sold, correspondence and agreements with actual or prospective
customers or vendors, financial information or projections, including, without
limitation, budgets, revenue, profits, costs, liabilities, or other documents relating to
revenue earned, and asset information that is not public knowledge, and actual or
prospective customer lists or other information or documents that would put the
producing party at a competitive disadvantage if the information became known to
the receiving party or a third party.
2.

Information designated “Confidential” or “Confidential/Attorneys’

Eyes Only” may be used only in connection with this proceeding, and not for any
other purpose. Such information may not be disclosed to anyone except as
provided in this Stipulated Protective Order.
3.

Any party or non-party wishing to come within the provisions of this

Stipulated Protective Order may designate in writing the documents (as defined in
Fed. R. Civ. P. 34 and Fed. R. Evid. 1001) or portions thereof which it considers
confidential at the time the documents are produced. The document must be
marked “Confidential” or “Confidential/Attorneys’ Eyes Only” by the producing
party, and any confidential documents exchanged prior to this Stipulated Protective

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STIPULATED PROTECTIVE ORDER

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Order being entered by the Court shall, within a reasonable time hereafter. It is the
intent of the parties that each document previously designated as “Confidential” or
“Confidential/Attorneys’ Eyes Only” and transmitted to the respective other party,
including any such documents and information exchanged for settlement purposes,
are to be covered by this Stipulated Protective Order. “Confidential” or
“Confidential/Attorneys’ Eyes Only” documents or things that cannot be
reasonably labeled pursuant to this paragraph shall be so designated by the
producing party by informing the receiving party in writing. In the instance of
deposition testimony, the witness under deposition or his or her counsel shall
invoke the provisions of this Stipulated Protective Order in a timely manner and
designate the level of restriction. During the deposition, parties shall be excluded
from testimony designated “Confidential/Attorneys’ Eyes Only.” The witness
under deposition or his or her counsel shall have the right, within twenty days of
receiving a transcript of the deposition, to designate, or change, the confidentiality
designation of the transcript or portions thereof. For depositions with some
confidential and some non-confidential documents or testimony, a separate
confidential transcript, apart from the usual transcript, shall be prepared by the
court reporter and counsel for the party asserting that certain documents or
testimony is confidential.
4.

Any documents or discovery responses stamped

“Confidential/Attorneys’ Eyes Only,” as well as any copies or excerpts thereof, or
analyses or reports which pertain thereto, and any deposition testimony or portion
thereof marked as “Confidential/Attorneys’ Eyes Only” may be made available
only to:
a.

Attorneys of record for the receiving party and employees of

such attorneys on a need to know basis;

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b.

Judges, law clerks and other personnel of the Court before
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STIPULATED PROTECTIVE ORDER

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which this proceeding is pending;

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c.

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Independent experts who are not directly associated with a party

and whom the receiving party identifies to the producing party within ten
(10) days of disclosure; and
d.

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testimony.

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5.

Court reporters and their staff who are required to transcribe

Any documents or discovery responses stamped “Confidential,” as

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well as any copies or excerpts thereof, or analyses or reports which pertain thereto,

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and any deposition testimony or portion thereof marked as “Confidential,” may be

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made available only to:

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a.
b.

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Representatives of the parties on a need to know basis;
Attorneys of record for the receiving party and employees of

such attorneys on a need to know basis;

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c.

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Judges, law clerks and other personnel of the Court before

which this proceeding is pending;
d.

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Independent experts who are not directly associated with a party

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and whom the receiving party identifies to the producing party within ten

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(10) days of disclosure; and

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e.

Court reporters and their staff who are required to transcribe

testimony.
6.

Written notice of intention to provide information or documents to

experts pursuant to Paragraphs 4(c) and 5(d) shall be provided by facsimile five (5)
days before the intended disclosure and shall specify the identity of the
individual(s) to whom the intended disclosure will be made. If there is a written
objection within the five-day period and the objection is not resolved between

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STIPULATED PROTECTIVE ORDER

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counsel, the party seeking disclosure shall not disclose the information or
documents but shall have the right to bring the dispute before the Court for
resolution. The parties shall not unreasonably object to the disclosure of
information and documents to experts pursuant to Paragraph 4(c) and 5(d). The
party objecting to the disclosure shall have the burden of showing why the
information or documents should not be disclosed to the identified expert. The
parties further agree that an expert consultant whose identity is disclosed pursuant
to this paragraph cannot be deposed regarding any subject related to this litigation,
unless the expert has been designated as a testifying expert by the retaining party,
and then in a manner consistent with the Federal Rules of Civil Procedure
governing expert discovery.
7.

Each person permitted by the parties or their counsel to have access to

designated information under the terms of this Stipulated Protective Order (other
than the persons identified in Paragraphs 4(a), 4(b), and 4(d)) and 5(b), 5(c), and
5(e) shall, prior to being given such access, be provided with a copy of this
Stipulated Protective Order for review. Upon receiving this Stipulated Protective
Order, each person shall sign a statement in the form of Exhibit A hereto indicating
that he has read the Stipulated Protective Order and agrees to comply with its terms.
8.

The restrictions set forth in this Stipulated Protective Order will not

apply to information which is known to the receiving party or the public before the
date of its transmission to the receiving party, or which becomes known to the
public after the date of its transmission to the receiving party, provided that such
information does not become publicly known by any act or omission of the
receiving party, its employees, or its agents which would be in violation of this
Stipulated Protective Order.
9.

Any document or evidence that is designated as containing

“Confidential” or “Confidential/Attorneys’ Eyes Only” information and that a party

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STIPULATED PROTECTIVE ORDER

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wishes to file with the Court will be presented to the Court along with a written
application and proposed order for filing under seal according to the procedures set
forth in Local Civil Rule 79-5.
10.

If, at any time during the preparation for trial, any party believes that

any other party or non-party has improperly designated certain information as
“Confidential” or “Confidential/Attorneys’ Eyes Only” or believes that it is
necessary to disclose designated information to persons other than those permitted
by this Stipulated Protective Order, and the producing party does not agree to
change the designation or to the further disclosure, the objecting party may make an
appropriate motion to the Court requesting that the specifically identified
documents, information and/or deposition testimony be excluded from the
provisions of this Stipulated Protective Order or be available to specified other
persons. It shall be the burden of the party who makes the designation to
demonstrate that the material or information at issue was properly designated. It
shall be the burden of the party seeking the disclosure to persons other than those
designated in this Stipulated Protective Order to show that such disclosure is
necessary.
11.

In the event that a party is served with a subpoena by any person, firm,

corporation, or other entity who is not a party to this action, is not a signatory to
this Stipulated Protective Order, or otherwise is not bound by this Stipulated
Protective Order, that seeks to compel production of “Confidential” or
“Confidential/Attorneys’ Eyes Only” information or documents, the party upon
whom the subpoena is served shall give written notice of the subpoena to the party
who has asserted that the information or documents subject to the subpoena are
“Confidential” or “Confidential/Attorneys’ Eyes Only.” The written notice
required by this paragraph shall be given no later than seven (7) days after receipt
of the subpoena, or before the production date set forth in the subpoena, whichever

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STIPULATED PROTECTIVE ORDER

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is earlier. The party who designated the subject information or documents as
“Confidential” or “Confidential/Attorneys’ Eyes Only” shall have the responsibility
to obtain an order from the Court quashing the subpoena, a protective order, and/or
such other relief as will protect the confidential nature of the subject information or
documents. If such a motion is filed before the requested production date, the party
upon whom the subpoena, discovery request, or order is served shall not produce
the subject information or documents requested in the subpoena, discovery request,
or order until after such time as the Court rules on the motion to quash the subpoena
or motion for protective order. If an order quashing the subpoena or motion for
protective order is obtained, the party upon whom the subpoena, discovery request,
or order is served shall comply with the order. If no motion to quash or motion for
protective order is filed before the scheduled production date set forth in the
subpoena, discovery request, or order, or if the motion to quash the subpoena or
motion for protective order is denied, the party upon whom the subpoena, discovery
request, or order is served may comply with the same without being deemed to have
violated this Stipulated Protective Order.
12.

The Stipulated Protective Order may be modified only in writing by

the parties and approved by an order of the Court.
13.

Upon termination of this proceeding, unless the attorneys of record

otherwise agree in writing, each party shall (a) assemble and return all designated
materials, including copies, to the person(s) and entity (ies) from whom the material
was obtained, or (b) destroy all designated materials and provide the other party
with written certification that such destruction was made. The attorney of record
may retain one copy of any designated materials, to be kept confidentially, and
retain all copies of designated materials containing attorney work product
information.

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STIPULATED PROTECTIVE ORDER

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14.

This Stipulated Protective Order will not prejudice the right of any

party or non-party to oppose production of any information on the ground of
attorney-client privilege, work product immunity, or any other protection provided
under the law.

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IT IS SO ORDERED.

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Dated: May 30, 2014

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Honorable Alicia G. Rosenberg

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[STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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CONFIDENTIALITY AGREEMENT FOR OTHERS
1.

I have been asked by __________________ or its counsel to receive

and review certain materials or testimony that have been designated as
“Confidential” or “Confidential/Attorneys’ Eyes Only” within the terms of the
Stipulated Protective Order entered in the U.S. District Court, Central District of
California, case entitled Mass Appeal Media, Inc. v. Davina Douthard, Inc., Civil
Action No. CV13-03258 – DDP (AGRx).
2.

I have read the aforementioned Stipulated Protective Order, and I

agree to be bound by it.
3.

I declare the foregoing is true under penalty of perjury under the laws

of the State of California and the United States of America.

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Dated:______________________________
Name:______________________________

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STIPULATED PROTECTIVE ORDER