Rupa Marya v. Warner Chappell Music Inc
Filing
97
STIPULATION for Protective Order filed by plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Proposed Order)(Manifold, Betsy)
1
FRANCIS M. GREGOREK
2 gregorek@whafh.com
3 BETSY C. MANIFOLD
manifold@whafh.com
4 RACHELE R. RICKERT
5 rickert@whafh.com
MARISA C. LIVESAY
6
livesay@whafh.com
7 WOLF HALDENSTEIN ADLER
8 FREEMAN & HERZ LLP
750 B Street, Suite 2770
9 San Diego, CA 92101
10 Telephone: 619/239-4599
Facsimile: 619/234-4599
11
12
UNITED STATES DISTRICT COURT
13
CENTRAL DISTRICT OF CALIFORNIA -
14
WESTERN DIVISION
15
16 GOOD MORNING TO YOU
PRODUCTIONS CORP., et al.,
17
Plaintiffs,
18
v.
19
WARNER/CHAPPELL MUSIC,
20 INC., et al.,
21
Defendants.
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Lead Case No. CV 13-04460-GHK (MRWx)
[PROPOSED] STIPULATED
PROTECTIVE ORDER FOR
DISCOVERY
1
Plaintiffs Good Morning To You Productions Corp., , Robert Siegel, Rupa
2 Marya, and Majar Productions, LLC (collectively herein the “Plaintiffs”) and
3 Defendants Warner/Chappell Music, Inc. and Summy-Birchard, Inc. (collectively
4 herein the “Defendants”) (Plaintiffs and Defendants may be referred to collectively
5 as the “Parties”) have met and conferred pursuant to Rule 26 of the Federal Rules of
6 Civil Procedure (“Rule”), L.R. 26-1, and the Court’s Scheduling Order (Dkt. 80
7 [Dec. 13, 2013]), and have agreed to the following terms which the Parties propose
8 shall govern the course and conduct of discovery in the above-captioned action.
9
The Parties, through their respective undersigned counsel, hereby agree to the
10 following:
GOOD CAUSE STATEMENT
11 1.
12
WHEREAS, the Parties to this action having requested that the Court issue a
13 discovery confidentiality order pursuant to Rule 26(c) to protect the confidentiality
14 of nonpublic and confidential information that may be the subject of discovery and
15 disclosure in this case, and the Court having found that good cause exists for
16 issuance of an appropriately-tailored confidentiality order, IT IS HEREBY
17 AGREED AND STIPULATED:
DEFINITIONS
18 2.
19
2.1
Challenging Party:
a Party or Non-Party that challenges the
20 designation of information or items under this Order.
2.2 “CONFIDENTIAL” Information or Items: information (regardless of
21
22 how it is generated, stored or maintained) or tangible things that qualify for
23 protection under Rule 26(c) of the Federal Rules of Civil Procedure (“Rule”).
24
2.3
Counsel (without qualifier): Outside Counsel of Record and House
25 Counsel (as well as their support staff).
2.4 Designated House Counsel:
26
House Counsel who seek access to
27 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information in this
28 matter.
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1
2.5
Designating Party: a Party or Non-Party that designates information or
2
items that it produces in disclosures or in responses to discovery as
3
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
4
ONLY.”
5
2.6
Disclosure or Discovery Material: all items or information, regardless
6
of the medium or manner in which it is generated, stored, or maintained (including,
7
among other things, testimony, transcripts, and tangible things), that are produced or
8
generated in disclosures or responses to discovery in this matter.
9
2.7
Expert: a person with specialized knowledge or experience in a matter
10
pertinent to the litigation who has been retained by a Party or its counsel to serve as
11
an expert witness or as a consultant in this action.
12
2.8
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
13
Information or Items: extremely sensitive “Confidential Information or Items,”
14
disclosure of which to another Party or Non-Party would create a substantial risk of
15
serious harm that could not be avoided by less restrictive means.
16
2.9
House Counsel: attorneys who are employees of a party to this action.
17
House Counsel does not include Outside Counsel of Record or any other outside
18
counsel.
19
20
2.10 Non-Party: any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.
21
2.11 Outside Counsel of Record: attorneys who are not employees of a
22
party to this action but are retained to represent or advise a party to this action and
23
have appeared in this action on behalf of that party or are affiliated with a law firm
24
which has appeared on behalf of that party.
25
2.12 Party: any party to this action, including all of its officers, directors,
26
employees, consultants, retained experts, and Outside Counsel of Record (and their
27
support staffs).
28
2.13 Producing Party: a Party or Non-Party that produces Disclosure or
-2-
1
Discovery Material in this action.
2.14 Professional Vendors:
2
persons or entities that provide litigation
3
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
4
demonstrations, and organizing, storing, or retrieving data in any form or medium)
5
and their employees and subcontractors.
6
2.15 Protected Material:
any Disclosure or Discovery Material that is
7
designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –
8
ATTORNEYS’ EYES ONLY.”
2.16 Receiving Party:
9
10
Material from a Producing Party.
11
3.
a Party that receives Disclosure or Discovery
SCOPE
12
The protections conferred by this Stipulation and Order cover not only
13
Protected Material (as defined above), but also (a) any information copied or
14
extracted from Protected Material; (b) all copies, excerpts, summaries, or
15
compilations of Protected Material; and (c) any testimony, conversations, or
16
presentations by Parties or their Counsel that might reveal Protected Material.
17
However, the protections conferred by this Stipulation and Order do not cover the
18
following information: (i) any information that is in the public domain at the time of
19
disclosure to a Receiving Party or becomes part of the public domain after its
20
disclosure to a Receiving Party as a result of publication not involving a violation of
21
this Order, including becoming part of the public record through trial or otherwise;
22
and (ii) any information known to the Receiving Party prior to the disclosure or
23
obtained by the Receiving Party after the disclosure from a source who obtained the
24
information lawfully and under no obligation of confidentiality to the Designating
25
Party. Any use of Protected Material at trial shall be governed by a separate
26
agreement or order.
27
4.
DURATION
28
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1
Even after final disposition of this litigation, the confidentiality obligations
2
imposed by this Order shall remain in effect until a Designating Party agrees
3
otherwise in writing or a court order otherwise directs. Final disposition shall be
4
deemed to be the later of (1) dismissal of all claims and defenses in this action, with
5
or without prejudice; and (2) final judgment herein after the completion and
6
exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
7
including the time limits for filing any motions or applications for extension of time
8
pursuant to applicable law.
9
5.
10
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
11
Each Party or Non-Party that designates information or items for protection under
12
this Order must take care to limit any such designation to specific material that
13
qualifies under the appropriate standards. To the extent it is practical to do so, the
14
Designating Party must designate for protection only those parts of material,
15
documents, items, or oral or written communications that qualify – so that other
16
portions of the material, documents, items, or communications for which protection
17
is not warranted are not swept unjustifiably within the ambit of this Order.
18
Mass, indiscriminate, or routinized designations are prohibited. Designations
19
that are shown to be clearly unjustified or that have been made for an improper
20
purpose (e.g., to unnecessarily encumber or retard the case development process or
21
to impose unnecessary expenses and burdens on other Parties) expose the
22
Designating Party to sanctions.
23
If it comes to a Designating Party’s attention that information or items that it
24
designated for protection do not qualify for protection at all or do not qualify for the
25
level of protection initially asserted, that Designating Party must promptly notify all
26
other Parties that it is withdrawing the mistaken designation.
27
28
5.2
Manner and Timing of Designations. Except as otherwise provided in
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
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1
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
2
under this Order must be clearly so designated before the material is disclosed or
3
produced.
4
Designation in conformity with this Order requires:
5
(a)
6
documents, but excluding transcripts of depositions or other pretrial or trial
7
proceedings), that the Producing Party affix the legend “CONFIDENTIAL”
8
or ““HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each
9
page that contains protected material. If only a portion or portions of the
10
material on a page qualifies for protection, the Producing Party also must
11
clearly identify the protected portion(s) (e.g., by making appropriate
12
markings in the margins) and must specify, for each portion, the level of
13
protection being asserted.
14
A Party or Non-Party that makes original documents or materials available
15
for inspection need not designate them for protection until after the inspecting Party
16
has indicated which material it would like copied and produced. During the
17
inspection and before the designation, all of the material made available for
18
inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
19
ONLY.” After the inspecting Party has identified the documents it wants copied and
20
produced, the Producing Party must determine which documents, or portions
21
thereof, qualify for protection under this Order. Then, before producing the
22
specified documents, the Producing Party must affix the
23
(“CONFIDENTIAL” or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
24
ONLY”) to each page that contains Protected Material. If only a portion or portions
25
of the material on a page qualifies for protection, then, to the extent practical to do
26
so, the Producing Party also must clearly identify the protected portion(s) (e.g., by
27
making appropriate markings in the margins) and must specify, for each portion, the
28
level of protection being asserted.
for information in documentary form (e.g., paper or electronic
-5-
appropriate legend
1
1.
(b)
for testimony given in deposition or in other pretrial or trial
2
proceedings, that the Designating Party identify on the record, before the
3
close of the deposition, hearing, or other proceeding, all protected
4
testimony and specify the level of protection being asserted.
5
impractical to identify separately each portion of testimony that is entitled
6
to protection and it appears that substantial portions of the testimony may
7
qualify for protection, the Designating Party may invoke on the record
8
(before the deposition, hearing, or other proceeding is concluded) a right to
9
have up to ten days to identify the specific portions of the testimony as to
10
which protection is sought and to specify the level of protection being
11
asserted. Only those portions of the testimony that are appropriately
12
designated for protection within the ten days shall be covered by the
13
provisions of this Stipulated Protective Order. Alternatively, a Designating
14
Party may specify, at the deposition or up to ten days afterwards if that
15
period is properly invoked, that the entire transcript shall be treated as
16
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
17
EYES ONLY.”
When it is
18
Transcripts containing Protected Material shall have an obvious
19
legend on the title page that the transcript contains Protected Material, and
20
the title page shall he followed by a list of all pages (including line numbers
21
as appropriate) that have been designated as Protected Material and the
22
level of protection being asserted by the Designating Party. The
23
Designating Party shall inform the court reporter of these requirements.
24
Any transcript that is prepared before the expiration of a ten day period for
25
designation shall be treated during that period as if it had been designated
26
“CONFIDENTIAL” in its entirety unless otherwise agreed. After the
27
expiration of that period, the transcript shall be treated only as actually
28
designated.
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(c) for information produced in some form other than documentary and for
2
any other tangible items, that the Producing Party affix in a prominent place
3
on the exterior of the container or containers in which the information or
4
item
5
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or
6
portions of the information or item warrant protection, the Producing Party,
7
to the extent practicable, shall identify the protected portion(s) and specify
8
the level of protection being asserted.
9
5.3
is
stored
the
legend
“CONFIDENTIAL”
or
“HIGHLY
Inadvertent Failures to Designate. If timely corrected, an inadvertent
10
failure to designate qualified information or items does not, standing alone, waive
11
the Designating Party’s right to secure protection under this Order for such material.
12
Upon timely correction of a designation, the Receiving Party must make reasonable
13
efforts to assure that the material is treated in accordance with the provisions of this
14
Order.
15
6.
16
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges.
Any Party or Non-Party may challenge a
17
designation of confidentiality at any time. Unless a prompt challenge to a
18
Designating Party’s confidentiality designation is necessary to avoid foreseeable,
19
substantial unfairness, unnecessary economic burdens, or a significant disruption or
20
delay of the litigation, a Party does not waive its right to challenge a confidentiality
21
designation by electing not to mount a challenge promptly after the original
22
designation is disclosed.
23
6.2
Meet and Confer.
Prior to filing any motion challenging the
24
designation of confidentiality, the parties shall comply with L.R. 37-1.
25
Challenging Party’s letter requesting a pre-filing conference of counsel under L.R.
26
37-1 shall identify the designation it is challenging and the basis for each challenge.
27
28
6.3
The
Judicial Intervention. If court intervention is necessary after the pre-
filing conference of counsel under L.R. 37-1, counsel shall formulate a written
-7-
1
stipulation pursuant to L.R. 37-2.
The Challenging Party may challenge a
2
confidentiality designation pursuant to L.R. 37 at any time if there is good cause for
3
doing so, including a challenge to the designation of a deposition transcript or any
4
portions thereof.
5
The burden of persuasion in any such challenge proceeding shall be on the
6
Designating Party. Frivolous challenges, and those made for an improper purpose
7
(e.g., to harass or impose unnecessary expenses and burdens on other Parties) may
8
expose the Challenging Party to sanctions. All Parties shall continue to afford the
9
material in question the level of protection to which it is entitled under the
10
Producing Party’s designation until the court rules on the joint stipulation
11
challenging the designation.
12
7.
13
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
14
disclosed or produced by another Party or by a Non-Party in connection with this
15
case only for prosecuting, defending, or attempting to settle this litigation. Such
16
Protected Material may be disclosed only to the categories of persons and under the
17
conditions described in this Order. When the litigation has been terminated, a
18
Receiving Party and Professional Vendor of a Receiving Party must comply with
19
the provisions of Section 13 below (FINAL DISPOSITION).
20
Protected Material must be stored and maintained by a Receiving Party at a
21
location and in a secure manner that ensures that access is limited to the persons
22
authorized under this Order.
23
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
24
otherwise ordered by the court or permitted in writing by the Designating Party, a
25
Receiving
26
“CONFIDENTIAL” only to:
Party
may
disclose
any
information
or
item
designated
27
(a) the Receiving Party’s Outside Counsel of Record in this action, as well
28
as employees of said Outside Counsel of Record to whom it is reasonably
-8-
1
necessary to disclose the information for this litigation and who have
2
signed the “Acknowledgment and Agreement to Be Bound” that is attached
3
hereto as Exhibit A;
4
(b) the officers, directors, and employees (including House Counsel) of the
5
Receiving Party to whom disclosure is reasonably necessary for this
6
litigation and each of whom have signed the “Acknowledgment and
7
Agreement to Be Bound” (Exhibit A);
8
(c) Experts (as defined in this Order) of the Receiving Party to whom
9
disclosure is reasonably necessary for this litigation and each of whom have
10
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11
(d) the court and its personnel;
12
(e) court reporters and their staff, professional jury or trial consultants,
13
mock jurors and Professional Vendors to whom disclosure is reasonably
14
necessary for this litigation and who have signed the “Acknowledgment
15
and Agreement to Be Bound” (Exhibit A);
16
(f) during their depositions, witnesses in the action to whom disclosure is
17
reasonably necessary and who have signed the “Acknowledgment and
18
Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the
19
Designating Party or ordered by the court. Pages of transcribed deposition
20
testimony or exhibits to depositions that reveal Protected Material must be
21
separately bound by the court reporter and may not be disclosed to anyone
22
except as permitted under this Stipulated Protective Order.
23
(g) A person who the Receiving Party believes objectively and subjectively
24
in good faith is either the author or recipient of a document containing the
25
information or a custodian or other person who otherwise possessed or
26
knew the information.
27
7.3
28
ONLY” Information or Items. Unless otherwise ordered by the court or
Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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1
permitted in writing by the Designating Party, a Receiving Party may
2
disclose any information or item designated “HIGHLY CONFIDENTIAL –
3
ATTORNEYS’ EYES ONLY” only to:
4
(a)
5
well as employees of said Outside Counsel of Record to whom it is
6
reasonably necessary to disclose the information for this litigation and who
7
have signed the “Acknowledgment and Agreement to Be Bound” that is
8
attached hereto as Exhibit A;
9
(b) Designated House Counsel of the Receiving Party and employees of
10
said Designated House Counsel (1) to whom disclosure is reasonably
11
necessary for this litigation, (2) who are not and believe in good faith they
12
are not reasonably likely to become (a) licensees of the Producing Party, (b)
13
engaged in licensing discussions or negotiations with the Producing Party,
14
or (c) competitors of or involved in competitive decision-making with
15
respect to the Producing Party, and (3) who have signed the
16
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
17
(c)
18
necessary for this litigation, (2) who are not and believe in good faith they
19
are not reasonably likely to become (a) licensees of the Producing Party, (b)
20
engaged in licensing discussions or negotiations with the Producing Party,
21
or (c) competitors of or involved in competitive decision-making with
22
respect to the Producing Party, and (3) who have signed the
23
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
24
(d)
the court and its personnel;
25
(e)
court reporters and their staff, professional jury or trial consultants,
26
mock jurors and Professional Vendors to whom disclosure is reasonably
27
necessary for this litigation and who have signed the “Acknowledgment
28
and Agreement to Be Bound” (Exhibit A); and
the Receiving Party’s Outside Counsel of Record in this action, as
Experts of the Receiving Party (1) to whom disclosure is reasonably
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1
(f)
2
subjectively in good faith is either the author or recipient of a document
3
containing the information or a custodian or other person who otherwise
4
possessed or knew the information.
5
8.
A person who the Receiving Party believes objectively and
PROTECTED
MATERIAL
SUBPOENAED
OR
ORDERED
PRODUCED IN OTHER LITIGATION
6
7
If a Party is served with a subpoena or a court order issued in other litigation
8
that compels disclosure of any information or items designated in this action as
9
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
10
ONLY,” that Party must:
11
(a) promptly notify in writing the Designating Party. Such notification
12
shall include a copy of the subpoena or court order;
13
(b) promptly notify in writing the party who caused the subpoena or order
14
to issue in the other litigation that some or all of the material covered by the
15
subpoena or order is subject to this Protective Order. Such notification shall
16
include a copy of this Stipulated Protective Order; and
17
(c)
18
pursued by the Designating Party whose Protected Material may be
19
affected.1
20
If the Designating Party timely seeks a protective order, the Party served with
21
the subpoena or court order shall not produce any information designated in this
22
action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
23
EYES ONLY” before a determination by the court from which the subpoena or
24
order issued, unless the Party has obtained the Designating Party’s permission. The
25
Designating Party shall bear the burden and expense of seeking protection in that
26
27
28
cooperate with respect to all reasonable procedures sought to be
1
The purpose of imposing these duties is to alert the interested parties to the existence of this
Protective Order and to afford the Designating Party in this case an opportunity to try to protect its
confidentiality interests in the court from which the subpoena or order issued.
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1
court of its confidential material – and nothing in these provisions should be
2
construed as authorizing or encouraging a Receiving Party in this action to disobey
3
a lawful directive from another court.
4
9.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
5
PRODUCED IN THIS LITIGATION
6
(a)
7
Non-Party in this action and designated as “CONFIDENTIAL” or
8
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
9
information produced by Non-Parties in connection with this litigation is
10
protected by the remedies and relief provided by this Order. Nothing in
11
these provisions should be construed as prohibiting a Non-Party from
12
seeking additional protections.
13
(b)
14
produce a Non-Party’s confidential information in its possession, and the
15
Party is subject to an agreement with the Non-Party not to produce the
16
Non-Party’s confidential information, then the Party shall:
The terms of this Order are applicable to information produced by a
Such
In the event that a Party is required, by a valid discovery request, to
17
(i) promptly notify in writing the Requesting Party and the
18
Non-Party that some or all of the information requested is
19
subject to a confidentiality agreement with a Non-Party;
20
(ii)
21
Stipulated Protective Order in this litigation, the relevant
22
discovery request(s), and a reasonably specific description of
23
the information requested; and
24
(iii) make the information requested available for inspection
25
by the Non-Party.
promptly provide the Non-Party with a copy of the
26
(c)
27
court within 14 days of receiving the notice and accompanying information,
28
the Receiving Party may produce the Non-Party’s confidential information
If the Non-Party fails to object or seek a protective order from this
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1
responsive to the discovery request. If the Non-Party timely seeks a
2
protective order, the Receiving Party shall not produce any information in
3
its possession or control that is subject to the confidentiality agreement with
4
the Non-Party before a determination by the court.2 Absent a court order to
5
the contrary, the Non-Party shall bear the burden and expense of seeking
6
protection in this court of its Protected Material.
7
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
8
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
9
Protected Material to any person or in any circumstance not authorized under this
10
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
11
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
12
to retrieve all unauthorized copies of the Protected Material, (c) inform the person
13
or persons to whom unauthorized disclosures were made of all the terms of this
14
Order, and (d) request such person or persons to execute the “Acknowledgment and
15
Agreement to Be Bound” that is attached hereto as Exhibit A.
16
11.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
17
PROTECTED MATERIAL
18
When a Producing Party gives notice to Receiving Parties that certain
19
inadvertently produced material is subject to a claim of privilege or other protection,
20
the obligations of the Receiving Parties are those set forth in Rule 26(b)(5)(B). This
21
provision is not intended to modify whatever procedure may be established in an e-
22
discovery order that provides for production without prior privilege review.
23
Pursuant to Federal Rules of Evidence 502(d) and (e), insofar as the Parties reach an
24
agreement on the effect of disclosure of a communication or information covered by
25
26
27
28
2
The purpose of this provision is to alert the interested parties to the existence of confidentiality
rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality interests in
this court.
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1
the attorney-client privilege or work product protection, the Parties may incorporate
2
their agreement in the stipulated protective order submitted to the court.
3
12.
4
5
MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the court in the future.
6
12.2 Right to Assert Other Objections. By stipulating to the entry of this
7
Protective Order no Party waives any right it otherwise would have to object to
8
disclosing or producing any information or item on any ground not addressed in this
9
Stipulated Protective Order. Similarly, no Party waives any right to object on any
10
ground to use in evidence of any of the material covered by this Protective Order.
11
12.3 Filing Protected Material. Without written permission from the
12
Designating Party or a court order secured after appropriate notice to all interested
13
persons, a Party may not file in the public record in this action any Protected
14
Material. A Party that seeks to file under seal any Protected Material must comply
15
with all applicable local rules. Protected Material may only be filed under seal
16
pursuant to a court order authorizing the sealing of the specific Protected Material at
17
issue. A sealing order will issue only upon a request establishing that the Protected
18
Material at issue is privileged, protectable as a trade secret, or otherwise entitled to
19
protection under the law. If a Receiving Party' request to file Protected Material
s
20
under seal is denied by the Court, then the Receiving Party may file the Protected
21
Material in the public record unless otherwise instructed by the court.
22
13.
FINAL DISPOSITION
23
Within 60 days after the final disposition of this action, as defined in Section
24
4 (DURATION), each Receiving Party must return all Protected Material to the
25
Producing Party or destroy such material. As used in this subdivision, “all Protected
26
Material” includes all copies, abstracts, compilations, summaries, and any other
27
format reproducing or capturing any of the Protected Material. Whether the
28
Protected Material is returned or destroyed, the Receiving Party must submit a
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1
written certification to the Producing Party (and, if not the same person or entity, to
2
the Designating Party) by the 60 day deadline that:
3
(a) identifies (by category, where appropriate) all the Protected Material
4
that was returned or destroyed; and
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(b) affirms that the Receiving Party has not retained any copies, abstracts,
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compilations, summaries or any other format reproducing or capturing any
7
of the Protected Material. Notwithstanding this provision, Counsel are
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entitled to retain an archival copy of all pleadings, motion papers, trial,
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deposition, and hearing transcripts, legal memoranda, correspondence,
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deposition and trial exhibits, expert reports, attorney work product, and
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consultant and expert work product, even if such materials contain
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Protected Material. Any such archival copies that contain or constitute
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Protected Material remain subject to this Protective Order as set forth in
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Section 4 (DURATION).
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IT IS SO STIPULATED.
Dated: April 30, 2014
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
By:
/s/Besty C. Manifold
BETSY C. MANIFOLD
FRANCIS M. GREGOREK
gregorek@whafh.com
BETSY C. MANIFOLD
manifold@whafh.com
RACHELE R. RICKERT
rickert@whafh.com
MARISA C. LIVESAY
livesay@whafh.com
750 B Street, Suite 2770
San Diego, CA 92101
Telephone: 619/239-4599
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1
Facsimile: 619/234-4599
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WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
MARK C. RIFKIN (pro hac vice)
rifkin@whafh.com
JANINE POLLACK (pro hac vice)
pollack@whafh.com
BETH A. LANDES (pro hac vice)
landes@whafh.com
GITI BAGHBAN (284037)
baghban@whafh.com
270 Madison Avenue
New York, NY 10016
Telephone: 212/545-4600
Facsimile: 212-545-4753
Interim Lead Counsel for Plaintiffs
RANDALL S. NEWMAN PC
RANDALL S. NEWMAN (190547)
rsn@randallnewman.net
37 Wall Street, Penthouse D
New York, NY 10005
Telephone: 212/797-3737
HUNT ORTMANN PALFFY NIEVES
DARLING & MAH, INC.
OMEL A. NIEVES
nieves@huntortman.com
KATHLYN ELIZABETH SMITH
smith@huntortman.com
301 North Lake Avenue, 7th Floor
Pasadena, CA 91101
Telephone 626/440-5200
Facsimile 626/796-0107
Facsimile: 212/797-3172
28
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1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, _____________________________ [print or type full name], of
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_________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Central District of California
7
on [insert date] in the case of Marya Rupa v. Warner/Chappell Music, Inc., et al.,
8
Case No. CV 13-04460-GHK (MRWx). I agree to comply with and to be bound by
9
all the terms of this Stipulated Protective Order and I understand and acknowledge
10
that failure to so comply could expose me to sanctions and punishment in the nature
11
of contempt. I solemnly promise that I will not disclose in any manner any
12
information or item that is subject to this Stipulated Protective Order to any person
13
or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court
15
for the Central District of California for the purpose of enforcing the terms of this
16
Stipulated Protective Order, even if such enforcement proceedings occur after
17
termination of this action.
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I hereby appoint __________________________ [print or type full name] of
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_______________________________________ [print or type full address and
20
telephone number] as my California agent for service of process in connection with
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this action or any proceedings related to enforcement of this Stipulated Protective
22
Order.
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I declare under penalty of perjury the foregoing is true and correct.
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Date: ______________________________________
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City and State where sworn and signed: _________________________________
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Printed name: _______________________________
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Signature: __________________________________
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WARNER/CHAPPELL:20662v3.po
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