Prakash Ajwani v. Hanmi Bank et al

Filing 15

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order 13 : NOTE: CHANGES MADE BY THE COURT: (see attached) (jm)

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NOTE: CHANGES MADE BY THE COURT

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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PRAKASH AJWANI,

Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

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Plaintiff,
vs.
HANMI BANK, a California Corporation;
and DOES 1 to 10, inclusive,

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Defendants.

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Case No. CV14-2423 FMO
(FFMx)
[PROPOSED] STIPULATED
PROTECTIVE ORDER

Subject to the approval of this Court, Defendant HAMNI BANK

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(“Defendant) and Plaintiff PRAKASH AJWANI (“Plaintiff”) hereby stipulate to

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the following protective order:

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1.

In connection with discovery proceedings in this action, the parties

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may designate any document, thing, material, testimony or other information

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derived therefrom, as “Confidential” under the terms of this Stipulated Protective

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Order (hereinafter “Order”). Confidential information is information which has not

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been made public and which concerns or relates to the processes, operations, type

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or work, or apparatus, or to the production, sales, shipments, purchases, transfers,

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identification of customers, amount or source of any income, profits, losses, or

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expenditures of any persons, firm, partnership, corporation, or other organization,
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the disclosure of which information may have the effect of causing harm to the

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competitive position of the person, firm, partnership, corporation, or to the

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organization from which the information was obtained.

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2.

By designating a document, thing, material, testimony or other

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information derived therefrom as “confidential,” under the terms of this order, the

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party making the designation is certifying to the court that there is a good faith

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basis both in law and in fact for the designation within the meaning of Federal Rule

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of Civil Procedure 26(g). Confidential documents shall be so designated by

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stamping copies of the document produced to a party with the legend
“CONFIDENTIAL.” Stamping the legend “CONFIDENTIAL” on the cover of any

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Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

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multipage document shall designate all pages of the document as confidential,

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unless otherwise indicated by the producing party.

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3.

Testimony taken at a deposition, conference, hearing or trial may be

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designated as confidential by making a statement to that effect on the record at the

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deposition or other proceeding. (FFM) Arrangements shall be made with the

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court reporter taking and transcribing such proceeding to separately bind such

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portions of the transcript containing information designated as confidential, and to

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label such portions appropriately.

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4.

Material designated as confidential under this Order, the information

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contained therein, and any summaries, copies, abstracts, or other documents

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derived in whole or in part from material designated as confidential (hereinafter

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“Confidential Material”) shall be used only for the purpose of the prosecution,

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defense, or settlement of this action, and for no other purpose.

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5.

Confidential Material produced pursuant to this Order may be

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disclosed or made available only to the Court, to counsel for a party (including the

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paralegal, clerical, and secretarial staff employed by such counsel), and to the

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“qualified persons” designated below:

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(a)

necessary by counsel to aid in the prosecution, defense, or settlement of this action;

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a party, or an officer, director, or employee of a party deemed

(b)

experts or consultants (together with their clerical staff) retained by

such counsel to assist in the prosecution, defense, or settlement of this action;

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(c)

court reporter(s) employed in this action;

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(d)

a witness at any deposition or other proceeding in this action; and

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(e)

any other person as to whom the parties in writing agree.

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Prior to receiving any Confidential Material, each “qualified person” shall
be provided with a copy of this Order and shall execute a nondisclosure agreement

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in the form of Appendix A, a copy of which shall be provided forthwith to counsel

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Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

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for each other party and for the parties.

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6.

Depositions shall be taken only in the presence of qualified persons.

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7.

The parties may further designate certain discovery material or

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testimony of a highly confidential and/or proprietary nature as “CONFIDENTIAL-

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-ATTORNEY'S EYES ONLY” (hereinafter “Attorney's Eyes Only Material”), in

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the manner described in paragraphs 2 and 3 above. Attorney's Eyes Only Material,

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and the information contained therein, shall be disclosed only to the Court, to

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counsel for the parties (including the paralegal, clerical, and secretarial staff

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employed by such counsel), and to the “qualified persons” listed in subparagraphs

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5(b) through (e) above, but shall not be disclosed to a party, or to an officer,

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director or employee of a party, unless otherwise agreed or ordered. If disclosure of

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Attorney's Eyes Only Material is made pursuant to this paragraph, all other

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provisions in this order with respect to confidentiality shall also apply.

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8.

Nothing herein shall impose any restrictions on the use or disclosure

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by a party of material obtained by such party independent of discovery in this

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action, whether or not such material is also obtained through discovery in this

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action, or from disclosing its own Confidential Material as it deems appropriate.

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9.

If Confidential Material, including any portion of a deposition

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transcript designated as Confidential or Attorney's Eyes Only, is included in any

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papers to be filed in Court, such papers shall be labeled “Confidential--Subject to

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Court Order” and submitted for filing filed under seal pursuant to Local Rule

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79-5 until further order of this Court. (FFM)

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10.

In the event that any Confidential Material is used in any court

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proceeding in this action, it shall not lose its confidential status through such use,

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and (FFM) the party using such shall take all reasonable steps to maintain its

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confidentiality during such use.

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11.

This Order shall be without prejudice to the right of the parties (i) to

Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

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bring before the Court at any time the question of whether any particular document

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or information is confidential or whether its use should be restricted or (ii) to

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present a motion to the Court under FRCP 26(c) for a separate protective order as

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to any particular document or information, including restrictions differing from

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those as specified herein. This Order shall not be deemed to prejudice the parties in

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any way in any future application for modification of this Order.

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12.

This Order is entered solely for the purpose of facilitating the

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exchange of documents and information between the parties to this action without

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involving the Court unnecessarily in the process. Nothing in this Order nor the

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production of any information or document under the terms of this Order nor any

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proceedings pursuant to this Order shall be deemed to have the effect of an

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admission or waiver by either party or of altering the confidentiality or

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nonconfidentiality of any such document or information or altering any existing

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obligation of any party or the absence thereof.

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13.

This Order shall survive the final termination of this action, to the

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extent that the information contained in Confidential Material is not or does not

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become known to the public, and the Court shall retain jurisdiction to resolve any

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dispute concerning the use of information disclosed hereunder. Upon termination
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of this case, counsel for the parties shall assemble and return to each other all

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documents, material and deposition transcripts designated as confidential and all

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copies of same, or shall certify the destruction thereof.

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14.

If a party to whom Confidential Material has been produced is

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subpoenaed or ordered by another court or administrative agency to produce

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information that is subject to this protective order, such party shall notify

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promptly the party who produced the material of the pending subpoena or

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order. It is the producing party’s responsibility to take whatever action it

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deems appropriate to challenge the subpoena or order in the issuing court or
agency. The party subject to the subpoena or order shall not produce any

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Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

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Confidential Materials in advance of the date required by the subpoena or

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order. Nothing herein shall be construed as relieving anyone subject to this

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order from any obligation to comply with a validly issued subpoena or order.

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(FFM)

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APPROVED AND SO ORDERED:

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DATED: February 18, 2015

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/S/ FREDERICK F. MUMM
UNITED STATES MAGISTRATE JUDGE

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-5STIPULATED PROTECTIVE ORDER

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STEPHANIE P. ALEXANDER (SBN 205701)
NATE TARVIN (SBN 251094)
GORDON & REES LLP
2211 Michelson Drive, Suite 400
Irvine, CA 92612
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant HANMI BANK

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UNITED STATES DISTRICT COURT

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CENTRAL OF CALIFORNIA

Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

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PRAKASH AJWANI,

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Plaintiff,
vs.
HANMI BANK, a California Corporation;
and DOES 1 to 10, inclusive,
Defendants.

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Case No. CV14-2423 FMO
FFMX
APPENDIX “A” TO
STIPULATED PROTECTIVE
ORDER

I, ____________________________________________________, certify

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that I have read the Stipulated Protective Order dated __________________,

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entered in the above-captioned action and further certify that I fully understand the

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procedural and substantive requirements of that Stipulated Protective Order, a copy

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of which is attached hereto. Before reviewing or receiving access to any

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document, material, information and/or discovery subject to the protection of that

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Stipulated Protective Order, and as a condition for such review and/or access, I

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understand and agree that I am personally bound by and subject to all of the terms

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and provisions of the Stipulated Protective Order. I subject myself to the
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jurisdiction and venue of the Superior Court of California, County of Los Angeles

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for purposes of enforcement of the Stipulated Protective Order.

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I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.

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Signed this ___ day of __________, 2015, at ____________________, _________
[city]
[state]

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Signed:

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Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

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PRINT NAME

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ADDRESS

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CITY, STATE, ZIP

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