Minx International Inc v. M R R Fabric Inc et al

Filing 50

PROTECTIVE ORDER by Magistrate Judge Carla Woehrle regarding Stipulation for Protective Order. The Court Orders that the terms of the parties Stipulated Confidentiality Agreement and Protective Order Regarding Non-Disclosure of Confidential Information shall govern the handling of such documents produced or disclosed by the parties in this case. (49) (SEE ORDER FOR FURTHER DETAILS) (gr)

Download PDF
1 2 3 4 5 6 7 Stephen M. Doniger, Esq. (SBN 179314) stephen@donigerlawfirm.com Scott A. Burroughs, Esq. (SBN 235718) scott@donigerlawfirm.com DONIGER / BURROUGHS APC 300 Corporate Pointe, Suite 355 Culver City, California 90230 Telephone: (310) 590-1820 Facsimile: (310) 417-3538 Attorneys for Plaintiff 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 MINX INTERNATIONAL, INC., a California corporation d/b/a “Damask Fabrics”, Case No.: CV13-5947 PSG (CWx) PROTECTIVE ORDER Plaintiff, vs. M.R.R. FABRIC, INC., a California corporation; et al., 17 Defendants. 18 19 20 1. PURPOSES AND LIMITATIONS 21 Disclosure and discovery activity in this action are likely to involve production 22 of confidential, proprietary, or private information for which special protection from 23 public disclosure and from use for any purpose other than prosecuting this matter 24 would be warranted. Accordingly, the parties hereby stipulate to and petition this 25 Court to enter the following Stipulated Protective Order. The parties acknowledge 26 that this Order does not confer blanket protections on all disclosures or responses to 27 discovery and that the protection it affords extends only to the limited information or 28 -1[PROPOSED] PROTECTIVE ORDER 1 items that are entitled under the applicable legal principles to treatment as 2 confidential. The parties have agreed that the terms of this Protective Order shall also 3 apply to any future voluntary disclosures of confidential, proprietary, or private 4 information. The parties reserve their rights to object to or withhold any information, 5 including confidential, proprietary, or private information, on any other applicable 6 grounds permitted by law, including third-party rights and relevancy. 7 8 9 2. DEFINITIONS 2.1 Party: any party to this action, including all of its officers, 10 directors, employees, consultants, retained experts, and outside counsel (and their 11 support staff). 12 2.2 Disclosure or Discovery Material: all items or information, 13 regardless of the medium or manner generated, stored, or maintained (including, 14 among other things, testimony, transcripts, or tangible things), that are produced or 15 generated in disclosures or responses to discovery in this matter. 16 2.3 “Confidential” Information or Items: information (regardless of 17 how generated, stored, or maintained) or tangible things that qualify for protection 18 under standards developed under F.R.Civ.P. 26(c). 19 2.4 “Attorneys’ Eyes Only”: Discovery Material or such portion of 20 such material as consists of: 21 a) any commercially sensitive and/or confidential business or 22 financial information (including without limitation confidential nonpublic contracts, 23 profitability reports or estimates, sales reports, and sales margins) which could 24 reasonably create a competitive disadvantage if disclosed to the parties in this action; 25 b) any business or financial information that is confidential, 26 proprietary, or commercially sensitive to third parties who have had business dealings 27 with parties to this action; or 28 -2[PROPOSED] PROTECTIVE ORDER 1 c) any other category of material or information hereinafter given 2 Confidential status by the Court, to the extent said material could reasonably create a 3 competitive disadvantage if disclosed to the parties in this action. 4 5 6 7 8 9 10 11 12 13 2.5 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action. 2.7 Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 2.8 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 2.9 Expert: a person with specialized knowledge or experience in a 14 matter pertinent to the litigation who has been retained by a Party or its counsel to 15 serve as an expert witness or as a consultant in this action. This definition includes a 16 professional jury or trial consultant retained in connection with this litigation. The 17 expert witness or consultant may not be a past or a current employee of the Party 18 (including any affiliates or related entities) adverse to the Party engaging the expert 19 witness or consultant, or someone who at the time of retention is anticipated to 20 become an employee of the Party (including any affiliates or related entities) adverse 21 to the Party engaging the expert witness or consultant. Moreover, the expert witness 22 or consultant may not be a current employee or anticipated to become an employee of 23 any entity who is a competitor of the Party adverse to the Party engaging the expert 24 witness or consultant. 25 2.10 Professional Vendors: persons or entities that provide litigation 26 support services (e.g., photocopying; videotaping; translating; preparing exhibits or 27 28 -3[PROPOSED] PROTECTIVE ORDER 1 demonstrations; organizing, storing, or retrieving data in any form or medium; etc.) 2 and their employees and subcontractors. 3 4 3. SCOPE 5 The protections conferred by this Stipulation and Order cover not only 6 Protected Material (as defined above), but also any information copied or extracted 7 therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus 8 testimony, conversations, or presentations by parties or counsel to or in litigation or in 9 other settings that might reveal Protected Material. 10 11 4. DURATION 12 Even after the termination of this action, the confidentiality obligations 13 imposed by this Order shall remain in effect until a Designating Party agrees 14 otherwise in writing or a court order otherwise directs. 15 16 5. DESIGNATING PROTECTED MATERIAL 5.1 17 Exercise of Restraint and Care in Designating Material for 18 Protection. Each Party or non-party that designates information or items for 19 protection under this Order must take care to limit any such designation to specific 20 material that qualifies under the appropriate standards. A Designating Party must take 21 care to designate for protection only those parts of material, documents, items, or oral 22 or written communications that qualify – so that other portions of the material, 23 documents, items, or communications for which protection is not warranted are not 24 swept unjustifiably within the ambit of this Order. 25 Mass, indiscriminate, or routinized designations are prohibited. 26 Designations that are shown to be clearly unjustified, or that have been made for an 27 improper purpose (e.g., to unnecessarily encumber or retard the case development 28 -4[PROPOSED] PROTECTIVE ORDER 1 process, or to impose unnecessary expenses and burdens on other parties), expose the 2 Designating Party to sanctions. 3 If it comes to a Party’s or a non-party’s attention that information or 4 items that it designated for protection do not qualify for protection at all, or do not 5 qualify for the level of protection initially asserted, that Party or non-party must 6 promptly notify all other parties that it is withdrawing the mistaken designation. 7 5.2 Manner and Timing of Designations. Except as otherwise 8 provided in this Order (see, e.g., second paragraph of section 5.2(a), below), or as 9 otherwise stipulated or ordered, material that qualifies for protection under this Order 10 11 12 must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: (a) for information in documentary form (apart from transcripts 13 of depositions or other pretrial or trial proceedings), that the Producing Party affix the 14 legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” at the top or bottom 15 of each page that contains protected material. 16 A Party or non-party that makes originals or copies of documents 17 or materials available for inspection need not designate them for protection until after 18 the inspecting Party has indicated which material it intends to copy. During the 19 inspection and before the designation, all of the material made available for 20 inspection shall be deemed “ATTORNEYS’ EYES ONLY.” After the inspecting 21 Party has identified the documents it wants copied and produced, the Producing Party 22 must designate, either in writing or on the record (at a deposition), which documents, 23 or portions thereof, qualify for protection under this Order. Then the Receiving Party 24 must affix the “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” legend at the 25 top of each copied page that contains Protected Material. If only a portion or portions 26 of the material on a page qualifies for protection, the Producing Party also must 27 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 28 -5[PROPOSED] PROTECTIVE ORDER 1 margins) and must specify, for each portion, the level of protection being asserted 2 (either “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”). (b) 3 for testimony given in deposition or in other pretrial or trial 4 proceedings, that the Party or non-party offering or sponsoring the testimony identify 5 on the record, before the close of the deposition, hearing, or other proceeding, all 6 protected testimony, and further specify any portions of the testimony that qualify as 7 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” When it is impractical to 8 identify separately each portion of testimony that is entitled to protection, and when it 9 appears that substantial portions of the testimony may qualify for protection, the Party 10 or non-party that sponsors, offers, or gives the testimony may invoke on the record 11 (before the deposition or proceeding is concluded) a right to have up to 20 days to 12 identify the specific portions of the testimony as to which protection is sought and to 13 specify 14 “ATTORNEYS’ EYES ONLY”). Only those portions of the testimony that are 15 appropriately designated for protection within the 20 days shall be covered by the 16 provisions of this Stipulated Protective Order. the level of protection being asserted (“CONFIDENTIAL” or 17 Transcript pages containing Protected Material must be separately 18 bound by the court reporter, who must affix to the top of each such page the legend 19 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” as instructed by the Party or 20 non-party offering or sponsoring the witness or presenting the testimony. 21 (c) for information produced in some form other than 22 documentary, and for any other tangible items, that the Producing Party affix in a 23 prominent place on the exterior of the container or containers in which the 24 information or item is stored the legend “CONFIDENTIAL” or “ATTORNEYS’ 25 EYES ONLY.” If only portions of the information or item warrant protection, the 26 Producing Party, to the extent practicable, shall identify the protected portions, 27 specifying whether they qualify as “CONFIDENTIAL” or as “ATTORNEYS’ EYES 28 -6[PROPOSED] PROTECTIVE ORDER 1 ONLY.” 5.3 2 Inadvertent Failures to Designate. If timely corrected, an 3 inadvertent failure to designate qualified information or items as “CONFIDENTIAL” 4 or “ATTORNEYS’ EYES ONLY” does not, standing alone, waive the Designating 5 Party’s right to secure protection under this Order for such material. If material is 6 appropriately designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” 7 after the material was initially produced, the Receiving Party, on timely notification 8 of the designation, must make reasonable efforts to assure that the material is treated 9 in accordance with the provisions of this Order. 10 11 12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Unless a prompt challenge to a 13 Designating Party’s confidentiality designation is necessary to avoid foreseeable 14 substantial unfairness, unnecessary economic burdens, or a later significant disruption 15 or delay of the litigation, a Party does not waive its right to challenge a confidentiality 16 designation by electing not to mount a challenge promptly after the original 17 designation is disclosed. 18 6.2 Meet and Confer. A Party that elects to initiate a challenge to a 19 Designating Party’s confidentiality designation must do so in good faith and must 20 begin the process by conferring with counsel for the Designating Party in writing. In 21 conferring, the challenging Party must explain the basis for its belief that the 22 confidentiality designation was not proper and must give the Designating Party an 23 opportunity to review the designated material, to reconsider the circumstances, and, if 24 no change in designation is offered, to explain the basis for the chosen designation. A 25 challenging Party may proceed to the next stage of the challenge process only if it has 26 engaged in this meet-and-confer process first. 27 28 6.3 Court Intervention. A Party that elects to press a challenge to a -7[PROPOSED] PROTECTIVE ORDER 1 confidentiality designation after considering the justification offered by the 2 Designating Party may file and serve a motion that identifies the challenged material 3 and sets forth in detail the basis for the challenge. Each such motion must be 4 accompanied by a competent declaration that affirms that the movant has complied 5 with the meet-and-confer requirements imposed in the preceding paragraph and that 6 sets forth with specificity the justification for the confidentiality designation that was 7 given by the Designating Party in the meet-and-confer dialogue. The parties agree 8 that a confidentiality designation shall not create a presumption in favor of such 9 confidentiality designation, and that the Court shall decide the issue as such. 10 Until the Court rules on the challenge, all parties shall continue to afford 11 the material in question the level of protection to which it is entitled under the 12 Producing Party’s designation. 13 14 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material 16 that is disclosed or produced by another Party or by a non-party in connection with 17 this case only for prosecuting, defending, or attempting to settle this litigation. Such 18 Protected Material may be disclosed only to the categories of persons and under the 19 conditions described in this Order. 20 Receiving Party must comply with the provisions of section 11, below (FINAL 21 DISPOSITION). When the litigation has been terminated, a 22 Protected Material must be stored and maintained by a Receiving Party 23 at a location and in a secure manner that ensures that access is limited to the persons 24 authorized under this Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 26 otherwise ordered by the Court or permitted in writing by the Designating Party, a 27 Receiving Party may disclose any information or item designated 28 -8[PROPOSED] PROTECTIVE ORDER 1 “CONFIDENTIAL” only to: (a) 2 the Receiving Party’s outside counsel, as well as employees 3 of said outside counsel to whom it is reasonably necessary to disclose the information 4 for this litigation; (b) 6 Board members, officers and directors of the Receiving (c) 5 Other employees of the Receiving Party to whom disclosure Party; 7 8 is reasonably necessary for this litigation and who are bound by internal 9 confidentiality obligations as part of their employment or who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) 11 Experts (as defined in this Order) of the Receiving Party to 12 whom disclosure is reasonably necessary for this litigation and who have signed the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (e) the Court personnel assigned to this litigation; 15 (f) court reporters, their staffs, and professional vendors to 16 whom disclosure is reasonably necessary for this litigation and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); (g) 18 during their depositions, witnesses in the action to whom 19 disclosure is reasonably necessary and who have signed the “Acknowledgment and 20 Agreement to Be Bound” (Exhibit A). Pages of transcribed deposition testimony or 21 exhibits to depositions that reveal Protected Material must be separately bound by the 22 court reporter and may not be disclosed to anyone except as permitted under this 23 Stipulated Protective Order; and (h) 24 25 source of the information. 7.3 26 27 28 the author and recipients of the document or the original Items. Disclosure of “ATTORNEYS’ EYES ONLY” Information or Unless otherwise ordered by the Court or permitted in writing by the -9[PROPOSED] PROTECTIVE ORDER 1 Designating Party, a Receiving Party may disclose any information or item 2 designated “ATTORNEYS’ EYES ONLY” only to: (a) 3 the Receiving Party’s outside counsel, as well as employees 4 of said outside counsel to whom it is reasonably necessary to disclose the information 5 for this litigation; (b) 6 Experts (as defined in this Order) of the Receiving Party to 7 whom disclosure is reasonably necessary for this litigation and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (c) the Court personnel assigned to this litigation; 10 (d) court reporters, their staffs, and professional vendors to 11 whom disclosure is reasonably necessary for this litigation and who have signed the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (e) 13 14 15 the author and recipients of the document or the original source of the information. 7.4 Nothing in this Order shall be read to prohibit the use of otherwise 16 Protected Material to prosecute claims against additional potential defendants 17 identified in said materials. 18 19 20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 21 If a Receiving Party is served with a subpoena or an order issued in other 22 litigation that would compel disclosure of any Discovery Material, the Receiving 23 Party must so notify the Designating Party, in writing immediately and in no event 24 more than five business days after receiving the subpoena or order. Such notification 25 must include a copy of the subpoena or court order. The Receiving Party also must 26 immediately inform in writing the Party who caused the subpoena or order to issue in 27 the other litigation that some or all of the material covered by the subpoena or order is 28 - 10 [PROPOSED] PROTECTIVE ORDER 1 the subject of this Protective Order. In addition, the Receiving Party must deliver a 2 copy of this Stipulated Protective Order promptly to the Party in the other action that 3 caused the subpoena or order to issue. 4 The purpose of imposing these duties is to alert the interested parties to the 5 existence of this Protective Order and to afford the Designating Party in this case an 6 opportunity to try to protect its confidentiality interests in the court from which the 7 subpoena or order issued. The Designating Party shall bear the burdens and the 8 expenses of seeking protection in that court of its confidential material – and nothing 9 in these provisions should be construed as authorizing or encouraging a Receiving 10 Party in this action to disobey a lawful directive from another court. 11 12 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 14 Protected Material to any person or in any circumstance not authorized under this 15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 16 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 17 to retrieve all copies of the Protected Material, (c) inform the person or persons to 18 whom unauthorized disclosures were made of all the terms of this Order, and (d) 19 request such person or persons to execute the “Acknowledgment and Agreement to 20 Be Bound” that is attached hereto as Exhibit A. 21 22 10. FILING PROTECTED MATERIAL 23 Without written permission from the Designating Party, or a court order 24 secured after appropriate notice to all interested persons and after following the 25 procedures provided for in Local Rule 79-5.1, a Party may not file in the public 26 record in this action any Protected Material. 27 28 - 11 [PROPOSED] PROTECTIVE ORDER 1 11. FINAL DISPOSITION 2 Unless otherwise ordered or agreed to in writing by the Producing Party, within 3 60 days after the final termination of this action, each Receiving Party must either 4 return all Protected Material to the Producing Party or certify the destruction of 5 saidmaterial. As used in this subdivision, “all Protected Material” includes all copies, 6 abstracts, compilations, summaries or any other form of reproducing or capturing any 7 of the Protected Material. Whether the Protected Material is returned or destroyed, the 8 Receiving Party must submit a written certification to the Producing Party (and, if not 9 the same person or entity, to the Designating Party) by the 60-day deadline that 10 identifies (by category, where appropriate) all the Protected Material that was 11 returned or destroyed and that affirms that the Receiving Party has not retained any 12 copies, abstracts, compilations, summaries or other forms of reproducing or capturing 13 any of the Protected Material. 14 Notwithstanding this provision, counsel are entitled to retain an archival copy 15 of all pleadings, motion papers, transcripts, legal memoranda, correspondence or 16 attorney work product, even if such materials contain Protected Material. Any such 17 archival copies that contain or constitute Protected Material remain subject to this 18 Protective Order as set forth in Section 4 (DURATION), above. 19 20 21 22 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification in the future. 23 12.2 Right to Assert Other Objections. By stipulating to the entry of 24 this Protective Order no Party waives any right it otherwise would have to object to 25 disclosing or producing any information or item on any ground not addressed in this 26 Stipulated Protective Order. Similarly, no Party waives any right to object on any 27 ground to use in evidence of any of the material covered by this Protective Order. 28 - 12 [PROPOSED] PROTECTIVE ORDER 1 12.3 Inadvertent Production of Privileged Documents. If a Party, 2 through inadvertence, produces any document or information that it believes is 3 immune from discovery pursuant to an attorney-client privilege, the work product 4 privilege, or any other privilege, such production shall not be deemed a waiver of any 5 privilege, and the Producing Party may give written notice to the Receiving Party that 6 the document or information produced is deemed privileged and that return of the 7 document or information is requested. Upon receipt of such notice, the Receiving 8 Party shall immediately gather the original and all copies of the document or 9 information of which the Receiving Party is aware, in addition to any abstracts, 10 summaries, or descriptions thereof, and shall immediately return the original and all 11 such copies to the Producing Party. Nothing stated herein shall preclude a Party from 12 challenging an assertion by the other Party of privilege or confidentiality. 13 14 15 16 17 Dated: January 6, 2014 __________________________ HON. CARLA WOEHRLE UNITED STATES DISTRICT COURT 18 19 20 21 22 23 24 25 26 27 28 - 13 [PROPOSED] PROTECTIVE ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?