Coach, Inc. et al v. Ralphs Grocery Company et al
Filing
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PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 31 . (twdb)
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Brent H. Blakely (SBN 157292)
bblakely@blakelylawgroup.com
BLAKELY LAW GROUP
1334 Parkview Avenue, Suite 280
Manhattan Beach, California 90266
Telephone: (310) 546-7400
Facsimile: (310) 546-7401
Attorneys for Plaintiff s
CURTIS R. TINGLEY (SBN 112322)
ctingley@tingleylawgroup.com
STEPHEN COLLINGS (SBN 277482)
scollins@tingleylawgroup.com
10 Almaden Boulevard, Suite 430
San Jose, California 95113
Telephone: (408) 283-7000
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Attorneys for Defendants
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UNITED STATES DISTRICT COURT
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FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT
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COACH, INC., a Maryland
Corporation; COACH SERVICES,
INC., a Maryland Corporation,
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CASE NO. CV 13-08602-ODW-JCG
PROTECTIVE ORDER
Plaintiffs,
vs.
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RALPHS GROCERY COMPANY, an
unknown business entity, WATCH US,
INC., an unknown business entity;
LOFTY TRADING
INCORPORATED, a New York
Corporation, USA TIGER GROUP
INC., a New York Corporation, and
DOES 1-10; inclusive,
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Defendants.
PROTECTIVE ORDER
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STIPULATED DISCOVERY PROTECTIVE ORDER
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The Court, having reviewed the Joint Stipulation re Protective Order,
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Services, Inc. and Defendants Ralphs Grocery Company and Watch Us, Inc.,
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(the "Parties"), and for good cause shown, and to facilitate discovery and
8 particularly to facilitate the exchange during discovery of documents, things,
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information, testimony and other evidence hereby rules as follows:
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IT IS HEREBY ORERED that:
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Any document, or portion thereof, any type of evidence, and
any form of discovery contemplated under Rules 26 through 36 of the
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Federal Rules of Civil Procedure and any other information or thing
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party or witness in connection with this action (“Discovery Material”) which
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19 is in good faith considered to contain or constitute any confidential or
20 proprietary research, development, commercial, or financial information
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may be designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” by
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23 the party providing such Discovery Material (the “Producing Party”) as
24 provided herein. CONFIDENTIAL Discovery Material, designated as such
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in accordance with this Order, shall be disclosed or made available only to
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27 persons permitted by paragraphs 3, 4 and 5. HIGHLY CONFIDENTIAL
28 Discovery Material may include, but is not limited to, pricing information,
1 sales information, sensitive strategic planning information and competitively
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sensitive information.
2.
CONFIDENTIAL or HIGHLY CONFIDENTIAL Discovery
Material may be designated as subject to this Discovery Protective Order as
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follows:
a.
With respect to documents or copies provided by one
party or its licensees to the other, by marking the document with the legend
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“SUBJECT TO PROTECTIVE ORDER or CONFIDENTIAL or HIGHLY
12 CONFIDENTIAL” or a marking of like import at the time of production of
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the documents. In the case of tangible things: by placing a label or tag on
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the object or on its container containing the legend “SUBJECT TO
16 PROTECTIVE ORDER or CONFIDENTIAL or HIGHLY
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CONFIDENTIAL,” or, if not practicable, as otherwise agreed, at the time of
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19 production, disclosure or inspection.
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b.
In the event that a Producing Party elects to produce
documents or things for inspection, no confidentiality designation need be
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23 made prior to the inspection. For purposes of the inspection, all documents
24 and things shall be considered “SUBJECT TO PROTECTIVE ORDER,”
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thereby making them subject to this Order. However, upon production of
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27 such documents the Producing Party shall mark CONFIDENTIAL or
28 HIGHLY CONFIDENTIAL Discovery Material in accordance with
1 subparagraph (a) above.
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c.
Testimony or information disclosed at a deposition may
4 be designated by a party as CONFIDENTIAL or HIGHLY
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CONFIDENTIAL by indicating on the record at the deposition those
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portions of the testimony which contain CONFIDENTIAL or HIGHLY
8 CONFIDENTIAL information that is to be made subject to the provisions of
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this Order. Alternatively, a party may designate testimony or information
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disclosed at a deposition as CONFIDENTIAL or HIGHLY
12 CONFIDENTIAL by notifying the other parties, in writing, within thirty
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(30) days of receipt of the transcript of the deposition, those portions of the
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testimony that arc to be designated SUBJECT TO PROTECTIVE ORDER.
16 Each party shall attach a copy of such written statement to the face of the
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transcript and each copy thereof in its possession, custody, or control.
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19 Whether or not designation is made at the time of a deposition, all
20 depositions shall be treated as CONFIDENTIAL from the taking of the
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deposition until thirty (30) days after receipt of the transcript.
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Notwithstanding the foregoing, any employee, agent, advisor,
24 representative, or person affiliated with a party who is not authorized to
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receive CONFIDENTIAL or HIGHLY CONFIDENTIAL Discovery
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27 Material under paragraphs 3-5 may attend a deposition at which
28 CONFIDENTIAL or HIGHLY CONFIDENTIAL Discovery Material may
1 be disclosed. However, the designating party shall have the right to exclude
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such persons from the deposition during the period any CONFIDENTIAL or
4 HIGHLY CONFIDENTIAL Discovery Material is disclosed or discussed.
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d.
In the case of responses to interrogatories, other
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discovery requests or responses, affidavits, briefs, memoranda, or other
8 papers filed with the Court, those materials and all information contained
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therein may be designated as CONFIDENTIAL or HIGHLY
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CONFIDENTIAL by prominently marking such paper with the legend
12 “SUBJECT TO PROTECTIVE ORDER” and CONFIDENTIAL or
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HIGHLY CONFIDENTIAL or a marking of like import.
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3.
CONFIDENTIAL Discovery Material and any analysis or
16 report containing CONFIDENTIAL Discovery Material may be made
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available to and inspected by Plaintiff’s outside counsel of record, including
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19 lawyers, employees and staff of the law firm working under the supervision
20 of such outside counsel, including regular and temporary employees,
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contractors and agents, court reporters, and photocopying and/or graphics
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23 services, provided however that such counsel will not make such
24 CONFIDENTIAL Discovery Material available to employees of the
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Plaintiff, including legal personnel in the legal department of Plaintiff. The
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27 current Plaintiff’s outside counsel of record are listed below:
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Brent H. Blakely
Michael Marchand
BLAKELY LAW GROUP
1334 Parkview Avenue,
Ste. 280
Manhattan Beach, CA
90266
Tel: 310-546-7400
bblakely@blakelylawgroup.com
mmarchand@blakelylawgroup.com
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4.
CONFIDENTIAL Discovery Material, and any analysis or
8 report containing CONFIDENTIAL Discovery Material may be made
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available to and inspected by any of Defendant’s outside counsel of record,
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including lawyers, employees and staff of the law firm working under the
12 supervision of such outside counsel, including regular and temporary
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employees, contractors and agents, court reporters, and photocopying and/or
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graphics services, provided however that such counsel will not make such
16 CONFIDENTIAL Discovery Material available to employees of the
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Defendant, including legal personnel in the legal department of Defendant.
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19 The current Defendant’s outside counsel of record are listed below:
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Tel: (408) 283-7000
Curtis Tingley
10 Almaden Blvd., Ste. 430
Ctingle@tingleylawgroup.com
San Jose, CA 95113
Stephen Collins
scollins@tingleylawgroup.com
Kevin Isaacson
kisaacson@tingleylawgroup.com
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5.
CONFIDENTIAL Discovery Material and any analysis or
26 report containing CONFIDENTIAL Discovery Material may be disclosed to
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independent experts and independent consultants (including jury
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1 consultants) and their staffs (including members of mock juries) who are
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employed to furnish expert or technical services or to give expert testimony
4 with regard to this action and not otherwise affiliated in any way with a
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party. As a condition precedent to disclosure of CONFIDENTIAL
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Discovery Material to any such person, he or she must: acknowledge receipt
8 and understanding of this Discovery Protective Order; agree to be bound
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thereby; agree to use the CONFIDENTIAL Discovery Material solely for
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this litigation, and not to disclose any CONFIDENTIAL Discovery Material
12 to any other person, firm, or concern in violation of this Discovery
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Protective Order; and agree never to use any CONFIDENTIAL Discovery
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Material, directly or indirectly, in competition with the party that disclosed
16 it, nor to allow any other person to do so. Each such person shall execute a
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declaration acknowledging the foregoing, in the form annexed hereto as
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19 Exhibit 1, before receiving any CONFIDENTIAL Discovery Material,
20 which shall be retained by counsel for the party retaining such expert and
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will be available for inspection by opposing counsel if and when any expert
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23 is identified as a testifying expert.
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6.
HIGHLY CONFIDENTIAL Discovery material may be viewed
or disclosed only to counsel of record for the parties and authorized court
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27 personnel. No client, expert or other person shall be entitled to access any
28 HIGHLY CONFIDENTIAL information. No information marked HIGHLY
1 CONFIDENTIAL shall be used in any pleading or other Court document
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without an order in advance of the filing that the information must be filed
4 under seal.
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7.
Any pleading, brief, declaration, affidavit, or other public filing
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marked “CONFIDENTIAL” or containing CONFIDENTIAL Discovery
8 Material shall be filed electronically under seal, together with a motion to
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seal, provided, however, that the burden of establishing the criteria for
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sealing shall at all times be on the party which designated the Discovery
12 Material “CONFIDENTIAL”.
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8.
A witness at a deposition or trial, who is not authorized to
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receive CONFIDENTIAL information pursuant to paragraphs 3-5, may be
16 shown any document that contains or reveals CONFIDENTIAL Discovery
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Material only if the designated CONFIDENTIAL information appears to
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19 have been authored by, received by, or known to the witness, or provided
20 that the Producing Party consents to such disclosure. In addition, a witness
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may be shown any document that contains or reveals CONFIDENTIAL
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23 Discovery Material if the witness is an officer, director, agent, or employee
24 of the Producing Party.
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9.
A document that contains or reveals CONFIDENTIAL
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27 Discovery Material may be shown to any person indicated in such document
28 to be its originator or author of the recipient of a copy.
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10.
All documents and information produced in response to
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discovery demands in this action, including CONFIDENTIAL or HIGHLY
4 CONFIDENTIAL Discovery Material obtained from a Producing Party may
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be used and disclosed only for purposes of defending or prosecuting this
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action for which it is produced. No party or person shall make any other use
8 of any such CONFIDENTIAL or HIGHLY CONFIDENTIAL Discovery
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Material without prior written permission from the Producing Party.
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Nothing in this Discovery Protective Order shall be construed
12 as an agreement or admission with respect to the competency, relevance, or
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materiality of any such information, document, or the like.
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In the event that any party disagrees with the designation by the
16 Producing Party of any Discovery Material as CONFIDENTIAL or
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HIGHLY CONFIDENTIAL, the parties shall promptly make a good-faith
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19 effort to resolve the dispute. If the dispute cannot be resolved, the objecting
20 party may seek appropriate relief from the Court, and the Producing Party
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shall have the burden of proving that its designation was appropriate.
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The inadvertent or unintentional failure by the Producing Party
24 to designate specific Discovery Material as CONFIDENTIAL or HIGHLY
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CONFIDENTIAL shall not be deemed a waiver in whole or in part of a
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27 party’s claim of confidentiality as to such Discovery Material. Upon notice
28 to the receiving party of such failure to designate, the receiving party shall
1 cooperate to restore the confidentiality of the inadvertently disclosed
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Discovery Material, without prejudice to the receiving party’s right to
4 challenge the designation pursuant to paragraph 12.
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14.
The inadvertent production of Discovery Material subject to the
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attorney-client privilege, the attorney work-product doctrine, the common-
8 interest doctrine, or any other privilege or immunity will not constitute
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waiver of, estoppel as to, or otherwise prejudice any claim of such immunity
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or privilege. In addition, the fact that Discovery Material was inadvertently
12 produced shall not be used in any manner as evidence in support of any such
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alleged waiver or estoppel in this or any other case. If a party has
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inadvertently produced Discovery Material subject to a claim of immunity or
16 privilege, upon request of the Producing Party, any documents and all copies
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thereof shall be returned promptly, and in no event later than five (5)
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19 calendar days, after such request is made, as required by Fed. Rule Civ. Pro.
20 26(b)(5)(B). Moreover, to the extent practical and reasonable, any notes or
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summaries, other than those expressly permitted under this section referring
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23 to or relating to any such inadvertently produced Discovery Material subject
24 to a claim of immunity or privilege shall be destroyed. After the return of the
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Discovery Material, the receiving party may challenge the Producing Party’s
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27 claim(s) of immunity or privilege by making a motion to the Court.
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15.
Nothing in this Discovery Protective Order shall prevent
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disclosure beyond the terms of this Order if the Producing Party consents in
4 writing to such disclosure, or if the Court, after notice to all affected parties,
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orders such disclosure.
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16.
(a)
Within sixty (60) days after the conclusion of this action,
8 including any appeals, all Discovery Material designated CONFIDENTIAL
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and HIGHLY CONFIDENTIAL, including extracts and summaries thereof,
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and all reproductions thereof, shall be returned to the Producing Party or
12 shall be destroyed, at the option of counsel in possession of such copies. If
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the materials are destroyed, counsel responsible for the destruction shall
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within seven (7) calendar days of such destruction certify to counsel for the
16 Producing Party that destruction has taken place. Notwithstanding the
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forgoing, counsel for the parties may retain the pleadings, court papers,
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19 transcripts of depositions and hearings and any exhibits thereto, expert
20 reports, discovery requests and responses, and correspondence despite the
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presence of CONFIDENTIAL information in those materials. Insofar as the
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23 provisions of this and any other Order entered in this action restrict the
24 communication and use of information, such Order(s) shall continue to be
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binding after the conclusion of this litigation except (i) that there shall be no
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27 restriction on documents that are used as exhibits in trial (unless such
28 exhibits were filed under seal); and (ii) that plaintiffs may seek the written
1 permission of the Producing Party with respect to dissolution or
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modification of any such Order(s).
(b)
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This Court shall retain jurisdiction over the parties and
this Discovery Protective Order for the purposes of compliance with and
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enforcement of its terms, and the final termination of this action shall not
8 terminate this Discovery Protective Order or its terms.
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17.
This Discovery Protective Order has been agreed to by the
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parties to facilitate discovery and the production of relevant evidence in this
12 action. Neither the agreement of the parties, nor the designation of any
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Discovery Material as CONFIDENTIAL or HIGHLY CONFIDENTIAL,
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nor the failure to make such designation shall constitute evidence with
16 respect to any issue in this action.
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18.
The terms of this Discovery Protective Order shall be
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19 applicable to any third party who produces Discovery Material which is
20 designated by such third party as CONFIDENTIAL. A copy of this Order
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shall be served along with any subpoena served in connection with this
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23 action.
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19.
Nothing in this Discovery Protective Order shall prejudice the
right of any party, or any third party, to seek relief from the Court, upon
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27 good cause shown, from any of the restrictions provided above or to impose
28 additional restrictions on the disclosure of any Discovery Material.
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20.
Nothing in this Discovery Protective Order shall bar or
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otherwise restrict counsel from rendering advice to his or her client with
4 respect to this action and, in the course thereof, relying in a general way
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upon his or her examination of CONFIDENTIAL or HIGHLY
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CONFIDENTIAL Discovery Material produced or exchanged in this action;
8 provided, however, that in rendering such advice and in otherwise
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communicating with a person not entitled to view any CONFIDENTIAL or
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HIGHLY CONFIDENTIAL Discovery Material, the attorney shall not
12 disclose the contents of CONFIDENTIAL or HIGHLY CONFIDENTIAL
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Discovery Material produced by any other party or non-party.
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IT IS SO ORDERED
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DATED: August 25, 2014
_______________________________
Hon. Jay C. Gandhi
United States Magistrate Judge
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