ARC Machines Inc v. Industrial Solutions & Innovations LLC et al

Filing 48

PROTECTIVE ORDER by Magistrate Judge Carla Woehrle; re Granting Joint Request for Protective Order for Production Of Documents in Discovery. (47) (SEE ORDER FOR FURTHER DETAILS) (gr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ARC MACHINES, INC., a
California corporation,
Plaintiff,

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REMOVED FROM:
Los Angeles County Superior Court
Case No. PC055364

vs.

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Case No. CV 13-9473 DSF (CWx)

INDUSTRIAL SOLUTIONS &
INNOVATIONS, LLC, a limited
liability company; DARRELL
WHITTENBERG, an individual; and
DOES 1 through 25, Inclusive,

PROTECTIVE ORDER

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Defendants.

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Upon stipulation of the parties for an order pursuant to Fed. R. Civ. P. 26(c)
that confidential information be disclosed only in designated ways:
IT IS HEREBY ORDERED:

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STIPULATION FORPROTECTIVEORDER
[PROPOSED ORDER]

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1.

As used in the Protective Order, these terms have the following

meanings:

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“Attorneys” means counsel of record.

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“Confidential” documents are documents designated pursuant to paragraph 2.

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“Confidential—Attorneys’ Eyes Only” documents are documents designated

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pursuant to paragraph 5.

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“Documents” are all materials within the scope of Fed. R. Civ. P. 34.

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“Inside Counsel” means a licensed attorney employed by a Party and

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assigned to this action, or an outside licensed attorney who regularly does work

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with a Party and who is assigned to this action.
“Outside Vendors” means messenger, copy, coding, and other clericalservices vendors not employed by a party or its Attorneys.

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“Party” or “Parties” means the named Parties in this action, including any

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Parties later named in this action, their current and former officers and directors,

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and their current employees or agents who potentially may be witnesses.

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“Written Assurance” means an executed document in the form attached as
Exhibit A.

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2.

A Party may designate a document “Confidential,” to protect

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information within the scope of Fed. R. Civ. P. 26(c), including, without limitation,

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documents containing confidential, propriety and/or trade secret material.

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3.

All Confidential documents, along with the information contained in

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the documents, shall be used solely for the purpose of this action, and no person

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receiving such documents shall, directly or indirectly, use, transfer, disclose, or

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communicate in any way the documents or their contents to any person other than

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those specified in paragraph 4. Any other use is prohibited.

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STIPULATION FORPROTECTIVEORDER
[PROPOSED ORDER]

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Access to any Confidential document shall be limited to:

(a)

The Court and its staff;

(b)

Attorneys, their law firms, and their Outside Vendors;

(c)

Persons shown on the face of the document to have authored or
received it;

(d)

Court reporters, or videographers retained to transcribe or record
testimony;

(e)

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4.

The Parties;

(f)

Inside Counsel for Parties assigned to this action, but in no event shall
such In Counsel provide to any Party any “Confidential—Attorneys’
Eyes Only” documents designated pursuant to paragraph 5;

(g)

Outside independent persons (i.e., persons not currently or formerly
employed by, consulting with, or otherwise associated with any Party)
who are retained by a Party or its Attorneys to provide assistance as
mock jurors or focus group members or the like, or to furnish technical
or expert services, and/or to give testimony in this action.

5.

The Parties shall have the right to further designate Confidential

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documents or portions of documents containing the Parties’ highly confidential,
proprietary, and/or technical internal business information as “Confidential—
Attorneys’ Eyes Only.” Disclosure of such information shall be limited to the
persons designated in paragraphs 4(a), (b), (c), (d), (f) and (g).

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6.

Third parties producing documents in the course of this action may

also designate documents as “Confidential” or “Confidential—Attorneys’ Eyes
Only,” subject to the same protections and constraints as the Parties to the action.
A copy of the Protective Order shall be served along with any subpoena served in
connection with this action. As an additional safeguard, all documents produced by
third parties pursuant to subpoena shall be treated as “Confidential—Attorneys’
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STIPULATION FORPROTECTIVEORDER
[PROPOSED ORDER]

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Eyes Only” for a period of 14 days from the date of their production, and during

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that period any party may designate such documents as “Confidential” or

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“Confidential—Attorneys’ Eyes Only” pursuant to the terms of the Protective

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Order.

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7.

Each person appropriately designated pursuant to paragraph 4(g) to

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receive “Confidential,” or “Confidential—Attorneys’ Eyes Only” information shall

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execute a “Written Assurance” in the form attached as Exhibit A.

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counsel shall be notified at least 14 days prior to disclosure to any such person who

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is known to be an employee or agent of, or consultant to, any competitor of the

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Party whose designated documents are sought to be disclosed. Such notice shall

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provide a reasonable description of the outside independent person to whom

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disclosure is sought sufficient to permit objection to be made. If a Party objects in

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writing to such disclosure within 14 days after receipt of notice, no disclosure shall

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be made until the Party seeking disclosure obtains the prior approval of the Court or

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the objecting Party.

Opposing

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8.

All depositions or portions of depositions taken in this action that

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contain

confidential

information

may

be

designated

“Confidential”

or

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“Confidential—Attorneys’ Eyes Only” and thereby obtain the protections accorded

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other “Confidential” or “Confidential—Attorneys’ Eyes Only” documents.

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Confidentiality designations for depositions shall be made either on the record or by

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written notice to the other party within 14 days of receipt of the transcript.

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deposition of any witness (or any portion of such deposition) that encompasses

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“Confidential,” or “Confidential—Attorneys’ Eyes Only” information shall be

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taken only in the presence of persons who are qualified to have access to such

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information.

The

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STIPULATION FORPROTECTIVEORDER
[PROPOSED ORDER]

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9.

Any Party who inadvertently fails to identify documents as

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“Confidential” or “Confidential—Attorneys’ Eyes Only,” promptly upon discovery

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of its oversight, may provide written notice of the error and substitute

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appropriately-designated documents.

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designated documents shall use reasonable effort to retrieve such documents from

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persons not entitled to receive those documents and, upon receipt of the substitute

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documents, shall return or destroy the improperly-designated documents.

Any Party receiving such improperly-

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10.

All items designated “Confidential” or “Confidential—Attorneys’

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Eyes Only” pursuant to this Protective Order shall be subject to the provisions of

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this Protective Order even if they have been reproduced, summarized, or otherwise

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altered in form. All such reproductions, summaries, or other alterations in form

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shall be treated in the same manner as the “Confidential,” or “Confidential—

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Attorneys’ Eyes Only” item itself and shall be subject to the provisions of this

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Protective Order.

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11.

If a Party intends to file a document designated as “Confidential,” or

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“Attorneys’ Eyes Only” with the Court, or use such document at trial, it shall do so

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in compliance with Local Rule of Court 79-5, the Court’s Initial Standing Order,

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and the Court’s Under Seal Pilot Program.

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12.

Any Party may request a change in the designation of any information

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designated “Confidential” or “Confidential—Attorneys’ Eyes Only.” Any such

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document shall be treated as designated until the change is completed. If the

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requested change in designation is not agreed to, the Party seeking the change may

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move the Court for appropriate relief, providing notice to any third party whose

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designation of produced documents as “Confidential” or “Confidential—Attorneys’

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Eyes Only” in the action may be affected. The Party asserting that the material is

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STIPULATION FORPROTECTIVEORDER
[PROPOSED ORDER]

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“Confidential” or “Confidential—Attorneys’ Eyes Only” shall have the burden of

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proving that the information in question is properly designated within the scope of

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protection afforded by Fed. R. Civ. P. 26(c). No Party shall cite this Protective

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Order, or any provision thereof, as evidence, or in support of any argument

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regarding the merits of this litigation, regarding the merits of whether any document

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has been properly designated, or for any purpose other than seeking to enforce the

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terms of this Protective Order.

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13.

Within 60 days of the termination of this action, including any appeals,

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each Party shall either destroy or return to the opposing Party all documents

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designated by the opposing party as “Confidential” or “Confidential—Attorneys’

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Eyes Only,” and all copies of such documents, and shall destroy all extracts and/or

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data taken from such documents. Each Party shall provide a certification as to such

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return or destruction within the 60-day period.

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entitled to retain one set of all documents produced and all correspondence

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generated in connection with the action.

Attorneys, however, shall be

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14.

To the fullest extent authorized by Federal Rule of Evidence 502, any

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applicable work-product protection or attorney-client privilege is not waived, and

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indeed remains intact and in effect, as to any Party, or anyone who is not a Party to

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the action by any disclosure connected with the litigation of this present action.

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15.

Any Party may apply to the Court for a modification of the Protective

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Order, and nothing in this Protective Order shall be construed to prevent a Party

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from seeking such further provisions enhancing or limiting confidentiality as may

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be appropriate.

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STIPULATION FORPROTECTIVEORDER
[PROPOSED ORDER]

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16.

The obligations imposed by the Protective Order shall survive the

termination of this action.
Dated: April 15, 2014

__________________________
CARLA WOEHRLE
United States Magistrate Judge

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STIPULATION FORPROTECTIVEORDER
[PROPOSED ORDER]