In re Cosimo Borrelli and G Jacqueline Fangonil Walsh, joint and several liquidators of Galleria (Hong Kong) Limited (in compulsory liquidation)
Filing
13
ORDER GRANTING STIPULATION AND AGREED PROTECTIVE ORDER by Magistrate Judge Carla Woehrle. **NOTE CHANGES MADE BY THE COURT Stipulation for Protective Order. (11) (SEE ORDER FOR FURTHER DETAILS) (gr)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
STROOCK & STROOCK & LAVAN LLP
DANIEL A. ROZANSKY (State Bar No. 161647)
drozansky@stroock.com
2029 Century Park East
Los Angeles, CA 90067-3086
Telephone: 310-556-5800
Facsimile: 310-556-5959
Email: lacalendar@stroock.com
Attorneys for COSIMO BORRELLI and
G. JACQUELINE FANGONIL WALSH,
JOINT AND SEVERAL LIQUIDATORS OF
GALLERIA (HONG KONG) LIMITED
(IN COMPULSORY LIQUIDATION)
MCKOOL SMITH HENNIGAN, P.C.
KIRK D. DILLMAN (State Bar No. 110486)
865 South Figueroa Street, Suite 2900
Los Angeles, California 90017
Telephone: (213) 694-1200
Facsimile: (213) 694-1234
Attorneys for DBS BANK LIMITED,
LOS ANGELES AGENCY
15
UNITED STATES DISTRICT COURT
16
CENTRAL DISTRICT OF CALIFORNIA
17
18
19
20
21
22
23
24
25
26
27
IN RE EX PARTE APPLICATION OF )
COSIMO BORRELLI and G.
)
JACQUELINE FANGONIL WALSH, )
JOINT AND SEVERAL
)
LIQUIDATORS OF GALLERIA
)
(HONG KONG) LIMITED (IN
)
COMPULSORY LIQUIDATION), FOR )
JUDICIAL ASSISTANCE PURSUANT )
TO 28 U.S.C. § 1782,
)
)
Applicants.
)
)
)
)
)
28
NY 74827624
Case No. 2:13 MC 140
ORDER GRANTING STIPULATION
AND AGREED PROTECTIVE
ORDER
NOTE CHANGES MADE BY THE
COURT
1
[PROPOSED] ORDER
2
Upon the Stipulation among Cosimo Borrelli and G. Jacqueline Fangonil
3
Walsh, in their capacity as Joint and Several Liquidators (in such capacity, the
4
“Liquidators”) of Galleria (Hong Kong) Limited (In Compulsory Liquidation)
5
(“GHK”), and DBS Bank Limited, Los Angeles Agency (“DBS LA”), by and
6
through their respective undersigned counsel, dated October 30, 2013, and good
7
cause appearing therefore,
8
IT IS SO ORDERED THAT:
9
1.
This Order shall govern the disclosure and use by the parties of all
10
documents, testimony, exhibits, electronically stored information (“ESI”), and any
11
other materials and information produced or provided by the DBS LA (collectively,
12
the “Discovery Materials”) in response to subpoenas served by the Liquidators in the
13
above-captioned case (the “Case”).
14
2.
All Discovery Materials produced or disclosed in connection with this
15
Case shall be used solely for the purpose of assisting the Liquidators in performing
16
their legal obligations as Liquidators pursuant to the Order of the High Court of the
17
Hong Kong Special Administrative Region on July 23, 2010 in connection with the
18
investigation of GHK’s assets, affairs, rights, obligations or liabilities, and the
19
identification and realization of all assets and claims of GHK (collectively, “GHK
20
Proceedings”).
21
3.
DBS LA may, subject to the provisions of this Order, designate as
22
“Confidential” any Discovery Materials that DBS LA in good faith believes
23
contains any competitively sensitive or proprietary information, such as trade
24
secrets, financial, or other commercial information of a non-public nature,
25
information protected by the right or privacy and/or any applicable privilege, or any
26
other sensitive information which may be subject to a protective order under Fed. R.
27
Civ. P. 26(c)(1).
28
-1–
NY 74827624
1
4.
Discovery Materials designated “Confidential” shall be referred to
Discovery Material shall be effective unless there is placed or affixed on each page
4
of such material (in such manner as will not interfere with the legibility thereof) a
5
“CONFIDENTIAL” notice or the equivalent, or, in the case of depositions, as set
6
forth in paragraph 6 below. ESI designated “Confidential” shall be so designated by
7
including such notice in the body of the electronic document or by affixing a stamp
8
with such notice on the medium (including but not limited to tapes, CDs, DVDs,
9
2029 Century Park East
Los Angeles, California 90067-3086
herein as “Confidential Discovery Material.” No designation of Confidential
3
STROOCK & STROOCK & LAVAN LLP
2
hard drives and flash drives) on which the electronic data is stored before copies are
10
delivered to the Liquidators. Print-outs or production onto a reviewable electronic
11
platform of any such ESI designated as Confidential Discovery Material shall also
12
be treated as Confidential Discovery Material in accordance with the terms of this
13
Order, and when printing out or producing the Confidential Discovery Material the
14
Liquidators shall mark the data in its reproduced format in accordance with this
15
paragraph 4.
16
5.
The designation of any Discovery Materials as Confidential is not
17
intended to and shall not be construed as an admission that such Discovery Material
18
is relevant, not subject to an applicable privilege or protection, admissible, or
19
reasonably calculated to lead to the discovery of admissible evidence.
20
6.
DBS LA may, on the record of a deposition, or within ten calendar days
21
after receipt of the transcript of such deposition, designate any portion or portions of
22
the deposition as “Confidential” under the terms of this Order. Until such time
23
period expires without any such designation having been made, the entire deposition
24
transcript shall be treated as “Confidential” unless otherwise specified in writing or
25
on the record of the deposition by DBS LA. All copies of deposition transcripts that
26
contain material designated as Confidential Discovery Material shall be prominently
27
marked “Confidential” on the cover thereof. Objections to the designation of
28
Confidential Discovery Material under this paragraph shall be governed by the
procedure set forth in paragraph 11 below.
- 2NY 74827624
1
7.
Except upon the prior written consent of DBS LA or order of the Court,
2
the Liquidators shall not disclose, summarize or otherwise make available to anyone
3
the Confidential Discovery Material except to the following persons:
4
5
a)
tribunal personnel in GHK Proceedings;
6
7
b)
2029 Century Park East
Los Angeles, California 90067-3086
STROOCK & STROOCK & LAVAN LLP
c)
professional court reporters, stenographers, or video operators
transcribing depositions or testimony in this Case or GHK Proceedings;
10
11
the Liquidators’ counsel participating in GHK Proceedings and
their legal, clerical, or support staff, including temporary or contract staff;
8
9
the Court and Court personnel in this Case and other tribunals and
d)
persons who are indicated to have been authors or recipients of
the Confidential Discovery Material;
12
e)
counsel for parties who have appeared in GHK Proceedings;
13
f)
expert witnesses or consultants who are employed or retained by
14
the Liquidators in connection with GHK Proceedings;
15
g)
deponents and witnesses or prospective witnesses (and counsel
16
for such witnesses) to the extent reasonably necessary in connection with their
17
testimony in this Case or other GHK Proceedings; and
18
h)
outside photocopying, data processing, graphic production
19
services, litigation support services, or investigators employed by the parties or
20
their counsel to assist in this Case or GHK Proceedings, and computer
21
personnel performing duties in relation to a computerized litigation system.
22
8.
The terms “counsel,” “expert,” and “investigator” include their staff
23
who are assigned to and reasonably necessary to assist such counsel, expert, or
24
investigator in connection with GHK Proceedings.
25
9.
All persons to whom Confidential Discovery Material is disclosed
26
pursuant to sub-paragraphs 7(b) through (h) as applicable above shall, prior to receipt
27
of such Confidential Discovery Material, be advised of the contents of this Order and
28
shall be required to execute a certification evidencing their agreement to the terms of
the Order, in the form attached as Exhibit A.
- 3NY 74827624
1
10.
The recipient of any Confidential Discovery Material that is provided
2
pursuant to this Order shall maintain such Confidential Discovery Material in a
3
secure and safe area and shall exercise due and proper care with respect to the
4
storage, custody and use of all such Confidential Discovery Material. Persons
5
obtaining access to any Confidential Discovery Material shall use the information
6
solely in connection with GHK Proceedings and shall not use such information for
7
any other purpose.
8
2029 Century Park East
Los Angeles, California 90067-3086
STROOCK & STROOCK & LAVAN LLP
9
11.
The Liquidators are not obligated to challenge the propriety of a
designation of Discovery Materials as Confidential when initially received, and a
10
failure to do so shall not preclude a subsequent challenge thereto. If, at any time, the
11
Liquidators object to a designation of Discovery Materials as Confidential under this
12
Order, the Liquidators shall notify DBS LA in writing and identify with specificity
13
the Discovery Materials to which such objection applies. Due to the large volume of
14
documents to be produced, the Liquidators shall be permitted, to the extent possible,
15
to reasonably identify such Discovery Materials to which such objection of the
16
designation applies by groups or categories, rather than specific individual
17
documents, based upon similar topic, subject matter, original custodian or provider
18
of such document, or such other group as deemed appropriate. Within three calendar
19
days of the receipt of such notification (or such other time as mutually agreed to by
20
the parties or ordered by the Court), counsel for DBS LA and the Liquidators shall
21
meet and confer in an effort to resolve any disagreement regarding DBS LA’s
22
designation of the Discovery Materials as Confidential. If, for whatever reason, the
23
parties do not resolve their disagreement within that time period, the Liquidators may
24
make an application to the Court challenging DBS LA’s designation of Discovery
25
Materials as Confidential. On such application, DBS LA shall have the burden of
26
showing that the document or information is Confidential. While any such
27
application is pending, the documents or materials subject to that application will
28
remain Confidential until the Court rules. Nothing in this Order shall be construed as
preventing any party from objecting to the designation of any Discovery Materials as
- 4NY 74827624
1
Confidential or as preventing any party from seeking further protection for any
2
material it produces in discovery.
3
12.
In the event that counsel for any party determines to file in or submit to
or any papers containing or revealing such information, the pages containing or
6
revealing such Confidential Discovery Material shall be submitted for filing under
7
seal pursuant to Local Rule 79-5. All materials filed under seal shall be available to
8
the Court and to counsel for the parties for viewing and/or copying. Filing under seal
9
2029 Century Park East
Los Angeles, California 90067-3086
this Court any Confidential Discovery Material, any information derived therefrom,
5
STROOCK & STROOCK & LAVAN LLP
4
shall be without prejudice to any party’s right to argue to the Court that such
10
document is not Confidential and need not be preserved under seal. Redacted pages
11
shall be filed in the public record.
12
13.
Nothing in this Order shall be construed to limit any party’s use or
13
disclosure of its own documents, materials, or information that have been designated
14
as Confidential pursuant to this Order.
15
16
14.
In addition, nothing in this Order shall prevent or in any way limit the
disclosure, use or dissemination of any document, information or material that:
17
a)
18
was, is or becomes public knowledge, not in breach of this Order;
or
19
b)
is acquired by a party from a non-party having the right to
20
disclose such information or material or is learned by a party as a
21
result of that party’s own independent efforts, investigation or
22
inquiry.
23
15.
This Order shall not be construed to affect or limit in any way the
24
admissibility or use of any document, testimony, or other evidence at a hearing in
25
this Case or other GHK Proceedings, or to prejudice or limit in any way the rights of
26
any party to object to the authenticity, admissibility into evidence or use of any
27
document, testimony or other evidence at a trial or a hearing of any kind whatsoever,
28
whether in the Court or some other court.
- 5NY 74827624
1
16.
This Order shall not prevent any party from applying to the Court for
2
further or additional protective orders, for the modification of this Order, or from
3
agreeing with the other parties to modify this Order, subject to approval of the Court.
4
5
17.
This Order may be executed in counterparts. This Order shall become
effective as a stipulation among the parties immediately upon its execution.
6
7
Dated:
November 6, 2013
8
2029 Century Park East
Los Angeles, California 90067-3086
STROOCK & STROOCK & LAVAN LLP
9
10
United States District Court Magistrate Judge
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 6NY 74827624
1
CERTIFICATE OF SERVICE
2
I hereby certify that on November 4, 2013, a copy of the foregoing [Proposed]
3
Order Granting Stipulation and Agreed Protective Order was filed electronically
4
and served by mail on anyone unable to accept electronic filing. Notice of this filing
5
will be sent by e-mail to all parties by operation of the court’s electronic filing
6
system or by mail to anyone unable to accept electronic filing as indicated on the
7
Notice of Electronic Filing. Parties may access this filing through the court’s
8
EM/ECF System.
9
10
By: /s/ Daniel A. Rozansky
Daniel A. Rozansky
11
12
13
14
Via E-mail to:
15
16
17
18
Kirk D. Dillman
McKool Smith Hennigan, P.C.
865 South Figueroa Street, Suite 2900
Los Angeles, CA 90017
kdillman@mckoolsmithhennigan.com
19
20
21
22
23
24
25
26
27
28
-1–
NY 74827624
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?