Rob Thomas v. John Skipper "Skip" Woods et al

Filing 17

STIPULATED PROTECTIVE ORDER by Magistrate Judge Stephen J. Hillman (sbu)

1 RAINES FELDMAN LLP
Miles J. Feldman (Bar No. 173383)
[e-mail]
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Robert M. Shore (Bar No. 166018)
[e-mail]
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9720 Wilshire Boulevard, 5th Floor
4 Beverly Hills, California 90212
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendants John Skipper (“Skip”)
Woods; Blind Squirrel, LLC; Outlaw
7 Entertainment, LLC (erroneously sued as Outlaw
Entertainment Group, LLC); and Warmonger
8 Media, Inc.
9 Brandon Tesser (Bar No. 168476)
[e-mail]
10 Elina Antoniou (Bar No. 274014)
[e-mail]
11 TESSER RUTTENBERG &
GROSSMAN LLP
12 12100 Wilshire Boulevard, Suite 220
Los Angeles, California 90025
13 Tel: [phone]
Fax: [phone]
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Attorneys for Plaintiff Rob Thomas
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROB THOMAS, an individual,

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Plaintiff,
v.

Case No.: 2:13-cv-9389-FMO (SHx)
STIPULATED PROTECTIVE
ORDER

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JOHN SKIPPER (“SKIP”) WOODS, an
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Defendants.

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STIPULATED PROTECTIVE ORDER

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Plaintiff Rob Thomas and Defendants John Skipper (“Skip”) Woods, Blind
Squirrel, LLC, Outlaw Entertainment, LLC, and Warmonger Media, Inc., by and
through their attorneys of record, for the protection of the parties’ financial
information and other confidential information (including but not limited to
unpublished creative materials, if any), hereby Stipulate, and request that the Court
Order, as follows:
1.

Classified Information

“Classified Information” means any information of any type, kind, or
character that is designated as “Confidential” or “Attorneys Eyes Only” by any of
the supplying or receiving persons, whether it be a document, information contained
in a document, information revealed during a deposition, information revealed in an
interrogatory answer, or otherwise.
2.

Qualified Persons

“Qualified Persons” means:
a.

For Attorneys Eyes Only information:
i.

retained counsel for the parties in this litigation and their

respective staff;
ii.

actual or potential independent experts or consultants

(and their administrative or clerical staff) engaged in connection with this
litigation (which shall not include the current employees, officers, members,
or agents of parties or affiliates of parties) who, prior to any disclosure of
Classified Information to such person, have signed a document agreeing to be
bound by the terms of this Protective Order (such signed document to be
maintained by the attorney retaining such person) and have been designated in
writing by notice to all counsel;

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iii.

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officer duly appointed or assigned in connection with this litigation.
b.

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to any disclosure of Confidential information to such person, have been
designated in writing by notice to all counsel and have signed a document
agreeing to be bound by the terms of this Protective Order (such signed
document to be maintained by the attorney designating such person);
iv.

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litigation vendors, court reporters, and other litigation support

personnel;
v.

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if the party is an entity, such officers or employees of the party

who are actively involved in the prosecution or defense of this case who, prior

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the party, if a natural person;

iii.

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the persons identified in subparagraph 2(a);

ii.

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For Confidential information:
i.

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this court and its staff and any other tribunal or dispute resolution

any person who was an author, addressee, or intended or

authorized recipient of the Confidential information and who agrees to keep
the information confidential, provided that such persons may see and use the
Confidential information but not retain a copy.
c.

Such other person as this court may designate after notice and an

opportunity to be heard.
3.

Designation Criteria

a.

Nonclassified Information. Classified Information shall not include

information that either:
i.

is in the public domain at the time of disclosure, as evidenced by

a written document;
ii.

becomes part of the public domain through no fault of the

recipient, as evidenced by a written document;
iii.

the receiving party can show by written document was in its

rightful and lawful possession at the time of disclosure; or
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iv.

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lawfully comes into the recipient’s possession subsequent to the

time of disclosure from another source without restriction as to disclosure,
provided such third party has the right to make the disclosure to the receiving
party.
b.

Classified Information. A party shall designate as Classified

Information only such information that the party in good faith believes in fact is
confidential. Information that is generally available to the public, such as public
filings, catalogues, advertising materials, and the like, shall not be designated as
Classified.
Information and documents that may be designated as Classified Information
include, but are not limited to, trade secrets, confidential or proprietary financial
information, operational data, business plans, and competitive analyses, personnel
files, personal information that is protected by law, and other sensitive information
that, if not restricted as set forth in this order, may subject the producing or
disclosing person to competitive or financial injury or potential legal liability to
third parties.
Correspondence and other communications between the parties or with
nonparties may be designated as Classified Information if the communication was
made with the understanding or reasonable expectation that the information would
not become generally available to the public.
c.

Attorneys Eyes Only. The designation “Attorneys Eyes Only” shall be

reserved for information that is believed to be unknown to the opposing party or
parties, or any of the employees of a corporate party. For purposes of this order, sodesignated information includes, but is not limited to, product formula information,
design information, non-public financial information, pricing information, customer
identification data, and certain study methodologies.
d.

Ultrasensitive Information. At this point, the parties do not anticipate

the need for higher levels of confidentiality as to ultrasensitive documents or
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information. However, in the event that a court orders that ultrasensitive documents
or information be produced, the parties will negotiate and ask the court to enter an
ultrasensitive information protocol in advance of production to further protect such
information.
4.

Use of Classified Information

All Classified Information provided by any party or nonparty in the course of
this litigation shall be used solely for the purpose of preparation, trial, and appeal of
this litigation and for no other purpose, and shall not be disclosed except in
accordance with the terms hereof.
5.

Marking of Documents

Documents provided in this litigation may be designated by the producing
person or by any party as Classified Information by marking each page of the
documents so designated with a stamp indicating that the information is
“Confidential” or “Attorneys Eyes Only.” In lieu of marking the original of a
document, if the original is not provided, the designating party may mark the copies
that are provided. Originals shall be preserved for inspection.
6.

Disclosure at Depositions

Information disclosed at (a) the deposition of a party or one of its present or
former officers, directors, employees, agents, consultants, representatives, or
independent experts retained by counsel for the purpose of this litigation, or (b) the
deposition of a nonparty may be designated by any party as Classified Information
by indicating on the record at the deposition that the testimony is “Confidential” or
“Attorneys Eyes Only” and is subject to the provisions of this Order.
Any party also may designate information disclosed at a deposition as
Classified Information by notifying all parties in writing not later than 30 days of
receipt of the transcript of the specific pages and lines of the transcript that should
be treated as Classified Information thereafter. Each party shall attach a copy of
each such written notice to the face of the transcript and each copy thereof in that
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party’s possession, custody, or control. All deposition transcripts shall be treated as
Attorneys Eyes Only for a period of 30 days after initial receipt of the transcript.
To the extent possible, the court reporter shall segregate into separate
transcripts information designated as Classified Information with blank,
consecutively numbered pages being provided in a nondesignated main transcript.
The separate transcript containing Classified Information shall have page numbers
that correspond to the blank pages in the main transcript.
Counsel for a party or a nonparty witness shall have the right to exclude from
depositions any person who is not authorized to receive Classified Information
pursuant to this Protective Order, but such right of exclusion shall be applicable only
during periods of examination or testimony during which Classified Information is
being used or discussed.
7.
a.

Disclosure to Qualified Persons
To Whom. Classified Information shall not be disclosed or made

available by the receiving party to persons other than Qualified Persons except as
necessary to comply with applicable law or the valid order of a court of competent
jurisdiction; provided, however, that in the event of a disclosure compelled by law
or court order, the receiving party will so notify the producing party as promptly as
practicable (if at all possible, prior to making such disclosure) and shall seek a
protective order or confidential treatment of such information. Information
designated as Attorneys Eyes Only shall be restricted in circulation to Qualified
Persons described in subparagraph 2(a).
b.

Retention of Copies During this Litigation. Copies of Attorneys Eyes

Only information shall be maintained only in the offices of outside counsel for the
receiving party and, to the extent supplied to experts described in subparagraph
2(a)(ii), in the offices of those experts. Any documents produced in this litigation,
regardless of classification, that are provided to Qualified Persons shall be
maintained only at the office of such Qualified Person and only necessary working
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copies of any such documents shall be made. Copies of documents and exhibits
containing Classified Information may be prepared by independent copy services,
printers, or illustrators for the purpose of this litigation.
c.

Each party’s outside counsel shall maintain a log of all copies of

Attorneys Eyes Only documents that are delivered to Qualified Persons.
8.

Unintentional Disclosures

Documents unintentionally produced without designation as Classified
Information later may be designated and shall be treated as Classified Information
from the date written notice of the designation is provided to the receiving party.
If a receiving party learns of any unauthorized disclosure of Confidential
information or Attorneys Eyes Only information, the party shall immediately upon
learning of such disclosure inform the producing party of all pertinent facts relating
to such disclosure and shall make all reasonable efforts to prevent disclosure by
each unauthorized person who received such information.
9.

Documents Produced for Inspection Prior to Designation

In the event documents are produced for inspection prior to designation, the
documents shall be treated as Attorneys Eyes Only during inspection. At the time of
copying for the receiving parties, Classified Information shall be marked
prominently “Confidential” or “Attorneys Eyes Only” by the producing party.
10.

Consent to Disclosure and Use in Examination

Nothing in this order shall prevent disclosure beyond the terms of this order if
each party designating the information as Classified Information consents to such
disclosure or if the court, after notice to all affected parties and nonparties, orders
such disclosure. Nor shall anything in this order prevent any counsel of record from
utilizing Classified Information in the examination or cross-examination of any
person who is indicated on the document as being an author, source, or recipient of
the Classified Information, irrespective of which party produced such information.

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11.
a.

Challenging the Designation
Classified Information. A party shall not be obligated to challenge the

propriety of a designation of Classified Information at the time such designation is
made, and a failure to do so shall not preclude a subsequent challenge to the
designation. In the event that any party to this litigation disagrees at any stage of
these proceedings with the designation of any information as Classified Information,
the parties shall first try to resolve the dispute in good faith on an informal basis,
such as by production of redacted copies. If the dispute cannot be resolved, the
objecting party may invoke this Protective Order by objecting in writing to the party
who designated the document or information as Classified Information. The
designating party shall then have 14 days to move the court for an order preserving
the designated status of the disputed information. The disputed information shall
remain Classified Information unless and until the court orders otherwise. Failure to
move for an order shall constitute a termination of the status of such item as
Classified Information.
b.

Qualified Persons. In the event that any party in good faith disagrees

with the designation of a person as a Qualified Person or the disclosure of particular
Classified Information to such person, the parties shall first try to resolve the dispute
in good faith on an informal basis. If the dispute cannot be resolved, the objecting
party shall have 14 days from the date of the designation or, in the event particular
Classified Information is requested subsequent to the designation of the Qualified
Person, 14 days from service of the request, to move the court for an order denying
the disposed person (a) status as a Qualified Person, or (b) access to particular
Classified Information. The objecting person shall have the burden of
demonstrating that disclosure to the disputed person would expose the objecting
party to the risk of serious harm. Upon the timely filing of such a motion, no
disclosure of Classified Information shall be made to the disputed person unless and
until the court enters an order preserving the designation.
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12.

Manner of Use in Proceedings

In the event a party wishes to use any Classified Information in affidavits,
declarations, briefs, memoranda of law, or other papers filed in this litigation, the
party shall do one of the following: (1) with the consent of the producing party, file
only a redacted copy of the information; (2) where appropriate (e.g., in connection
with discovery and evidentiary motions) provide the information solely for in
camera review; or (3) file such information under seal with the court consistent with
the sealing requirements of the court.
13.

Filing Under Seal

The clerk of this court is directed to maintain under seal all documents,
transcripts of deposition testimony, answers to interrogatories, admissions, and other
papers filed under seal in this litigation that have been designated, in whole or in
part, as Classified Information by any party to this litigation consistent with the

16 sealing requirements of the court. See Local Rule 79-5.
14. Return of Documents
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Not later than 120 days after conclusion of this litigation and any appeal
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related to it, any Classified Information, all reproductions of such information, and
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any notes, summaries, or descriptions of such information in the possession of any
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of the persons specified in paragraph 2 (except subparagraph 2(a)(iii)) shall be
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returned to the producing party or destroyed, except as this court may otherwise
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order or to the extent such information has been used as evidence at any trial or
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hearing. Notwithstanding this obligation to return or destroy information, counsel
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may retain attorney work product, including document indices, so long as that work
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product does not duplicate verbatim substantial portions of the text of any Classified
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Information.
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15. Ongoing Obligations
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Insofar as the provisions of this Protective Order, or any other protective
orders entered in this litigation, restrict the communication and use of the
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information protected by it, such provisions shall continue to be binding after the
conclusion of this litigation, except that (a) there shall be no restriction on
documents that are used as exhibits in open court unless such exhibits were filed
under seal, and (b) a party may seek the written permission of the producing party or
order of the court with respect to dissolution or modification of this, or any other,
protective order.
16.

Advice to Clients

This order shall not bar any attorney in the course of rendering advice to such
attorney’s client with respect to this litigation from conveying to any party client the
attorney’s evaluation in a general way of Classified Information produced or
exchanged under the terms of this order; provided, however, that in rendering such
advice and otherwise communicating with the client, the attorney shall not disclose
the specific contents of any Classified Information produced by another party if such
disclosure would be contrary to the terms of this Protective Order.
17.

Duty to Ensure Compliance

Any party designating any person as a Qualified Person shall have the duty to
reasonably ensure that such person observes the terms of this Protective Order and
shall be responsible upon breach of such duty for the failure of such person to
observe the terms of this Protective Order.
18.

Waiver

Pursuant to Federal Rule of Evidence 502, neither the attorney-client privilege
nor work product protection is waived by disclosure connected with this litigation.

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19.

Modification and Exceptions

The parties may, by stipulation, provide for exceptions to this order and any
party may seek an order of this court modifying this Protective Order.
Dated: February 5, 2014

RAINES FELDMAN LLP

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By:

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Robert M. Shore
Attorneys for Defendants John
Skipper (“Skip”) Woods; Blind
Squirrel, LLC; Outlaw
Entertainment, LLC (erroneously
sued as Outlaw Entertainment Group,
LLC); and Warmonger Media, Inc.

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Dated: February 5, 2014

TESSER RUTTENBERG & GROSSMAN
LLP

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By:

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Brandon M. Tesser
Attorneys for Plaintiff Rob Thomas

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IT IS SO ORDERED.
Dated: February 7, 2014
By:
Stephen J. Hillman
United States Magistrate Judge

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