Stephen Hendricks v. BBC America, Inc., et al

Filing 33

PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal re Stipulation for Protective Order, 32 . (See document for details). (mr)

1 LEON GLADSTONE, ESQ. (SBN 70697)
2 [e-mail]
ANTHONY DIPIETRA, ESQ. (SBN 235994)

3 [e-mail]
4 GLADSTONE MICHEL WEISBERG
WILLNER & SLOANE, ALC

5 4551 Glencoe Avenue, Suite 300
6 Marina del Rey, CA 90292-7925
7

Tel: [phone] • Fax: [phone]

8 Attorneys for Defendants New Video Channel, LLC dba

GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

BBC America, Inc. and Temple Street Productions (US) Inc., and

9 for Specially Appearing Defendants Temple Street
10 Productions Incorporated and David Fortier
11

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

12
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14
15

STEPHEN HENDRICKS, an
individual,

16

Plaintiff,

17
18

vs.

19 BBC AMERICA, INC., a Delaware
20
21
22
23
24
25
26

corporation; TEMPLE STREET
PRODUCTIONS, a business entity,
form unknown; TEMPLE STREET
PRODUCTIONS (US) INC., a
California corporation; DAVID
FORTIER, an individual; GRAEME
MANSON, an individual; JOHN
FAWCETT, an individual; and
DOES 1 to 50, inclusive,
Defendants.

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CASE NO. 2:14-CV-02989-RSWL-SSx
PROTECTIVE ORDER

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[PROPOSED] PROTECTIVE ORDER

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE THAT, pursuant to the stipulation of the parties, the

3 Court hereby enters the following Protective Order pursuant to the Court’s authority
4 under Rule 26 of the Federal Rules of Civil Procedure:
5
6

1.

The terms of this Protective Order shall govern the production, use and

7 dissemination by all parties to this action of: (1) any “Confidential Information” produced
8 by a party to this action; (2) any “Confidential Information” produced to a party in this

GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

9 action from a third-party witness; and (3) any “Confidential Information” produced to or
10 received by an consulting and/or expert witnesses.
11

2.

For purposes of this Order, “Confidential Information” means information

12 of any type, kind, or character, that is designated as “Confidential” and/or “Attorneys’
13 Eyes Only” by the producing or receiving parties, including any third party (“Designating
14 Party” or “Designating Parties”), whether it be a document, information contained in a
15 document, information revealed during a deposition, information revealed in written
16 discovery response or otherwise.
17

3.

Any person may designate as “Confidential” any material produced in the

18 course of discovery proceedings herein only when such designating person in good faith
19 believes that such material contains sensitive personal information, financial information,
20 business contracts, trade secrets, non-public audio and visual records or other any other
21 confidential or proprietary information that is of such a sensitive nature that disclosure
22 would result in competitive harm, or damage its business or financial welfare, or cause
23 damage to the reputation or standing in the community of the parties, and such material is
24 not otherwise accessible to the public. A Designating Party will make only such
25 designation as to that information that it in good faith believes contains Confidential
26 Information. Any party who believes a document should be considered confidential
27 although it does not fall strictly within these guidelines may make application to the
28 Court that the document be so considered.
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4.

1

Any person may also designate as “CONFIDENTIAL – ATTORNEYS’

2 EYES ONLY” any material produced in the course of discovery proceedings herein when
3 such designating person in good faith believes that such material contains private
4 financial information relating to a party that is not publically available, or that is of a
5 highly confidential or sensitive nature relating to any party’s, person’s or entity’s
6 financial affairs. Any material designated as “CONFIDENTIAL – ATTORNEYS EYES
7 ONLY” shall be treated as if it were Confidential Information and receive all the
8 protections otherwise afforded to Confidential Information under the terms of this order.

GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

9 However, in addition to such protections, material designated as “CONFIDENTIAL –
10 ATTORNEYS’ EYES ONLY” shall not be disclosed by the recipient to anyone other
11 than the attorneys of record in this action, the paralegals and staff of the attorneys of
12 record in this action, and any consulting or testifying experts retained by the parties and
13 whose engagement might require the review of such material. The foregoing provisions
14 do not limit a party’s right to file the information under seal with the Court as set forth
15 herein.
16

5.

However, nothing shall be regarded as Confidential Information if it is

17 information that:
a.

18
19

is in the public domain at the time of designation, including, without

limitation, as evidenced by a written document;
b.

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becomes part of the public domain through no fault of any party

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receiving the Confidential Information, including, without limitation, as evidenced

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by a written document; or
c.

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any party receiving the Confidential Information lawfully receives

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such information at a later date from a third party without restriction as to

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disclosure, provided such third party has the right to make the disclosure to the

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receiving party.

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6.

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This Order is intended to provide a mechanism by which any party may

elect to provide information regarded as confidential. Nothing herein shall be construed
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as requiring any party to produce information regarded as confidential and any party

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may elect (in lieu of or in addition to utilizing the terms of this Order) to object to the

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production of any confidential information or to exercise any other appropriate remedies

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with respect to a request for production of such information.

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7.

Nothing herein shall: (i) preclude a producing party from seeking and

obtaining, on an appropriate showing, such additional protection with respect to the

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confidentiality of documents or information as it may deem appropriate; (ii) preclude

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any party from objecting to the discoverability of any documents or information on

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GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

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appropriate grounds; (iii) preclude any party from objecting to the admissibility of any

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documents or information; (iv) limit a party’s use of its own documents or any

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documents obtained outside the discovery process in this action; or (v) limit a party’s

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use of public information.

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8.

Subject to the provisions that otherwise govern the use of information

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marked as “ATTORNEY’S EYES ONLY,” any Confidential Information produced that

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by a party or third-party witness shall be disclosed only to: (a) this Court under seal,

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pursuant to the procedures mandated by Local Rule 79-5.1 and the presiding judge’s

17

procedures; (b) the parties and their respective outside counsel of record (including

18

support staff as reasonably necessary); (c) outside stenographic court reporters and

19

language translators (including support staff as reasonably necessary), and (d) the

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additional individuals listed in items (i) through (vii) below, provided that such

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additional individuals have read this Protective Order and signed an Undertaking in the

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form attached hereto as Exhibit 1, which shall be retained in the files of outside counsel.

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(i)

the in-house attorneys (including support staff as reasonably necessary) of

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the parties who are responsible for and/or are working directly in defense of

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this action.

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(ii)

the corporate representatives of the parties (i.e., the officers, directors, or

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employees of the parties) who have been charged with the responsibility for

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making business decisions dealing directly with the litigation of this
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action);

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(iii)

the technical personnel of each side who needs to be consulted by outside

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counsel, in the discretion of such counsel, in preparation for proceedings in

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this action;

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(iv)

outside experts and outside consultants retained in this action;

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(v)

a deponent or other witness in this action who authored, received, or saw a
document or thing marked “CONFIDENTIAL” or who is otherwise

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familiar with the Confidential Information, but only to the extent of the

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GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

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person’s familiarity with the Confidential Information;

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(vi)

paralegals, stenographic, clerical employees, and translators associated with

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the individuals enumerated in (i)- (v) above, but only as party of a

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disclosure to said individuals in accordance with this Protective Order; and,

13

(vii)

such other individuals as the parties may stipulate.

14

9.

Confidential Information shall be revealed by the parties only to the

15 persons permitted access to it pursuant to paragraph 7 above, and shall not be disclosed
16 by any party to persons other than those specified in paragraph 7. All Confidential
17 Information shall be used by the parties solely for the purposes of this action.
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USE OF CONFIDENTIAL INFORMATION AT DEPOSITIONS

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10.

Confidential Information shall be utilized in deposition only in a

22 manner calculated to preserve the confidentiality of such documents or information and
23 in accordance with the following procedures:
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a.

Confidential Information is used or discussed;

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This Order shall be made an exhibit to any deposition during which

b.

If any Confidential Information is to be marked as an exhibit, such

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exhibit shall be marked “CONFIDENTIAL INFORMATION –

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SUBJECT TO PROTECTIVE ORDER” by the Court Reporter and
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attached under seal;

1
c.

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If any document designated as “CONFIDENTIAL – ATTORNEYS’

3

EYES ONLY” is marked as an exhibit, all such documents shall be

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separately compiled by the Court reporter and shall be delivered to

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counsel in a separately bound volume marked “EXHIBITS -

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY”;
d.

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shall be permitted to retain copies of Confidential Information;

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e.

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GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

Unless permission is elsewhere granted in this Order, no deponent

Unless otherwise agreed by counsel at the time a deposition is taken,

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deposition testimony and transcripts shall be treated as though

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designated Confidential in their entirety until the expiration of 30

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days after receipt of the transcript, by which time specific

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designations, if any, must be made;
f.

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Any Court Reporter or other person taking or preparing transcripts

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of any deposition during which Confidential Information was

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introduced or disclosed shall be advised of the terms of this Order

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and agree to be bound thereby.

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FILING OF CONFIDENTIAL INFORMATION

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11.

Any pleadings, motions, briefs, declarations, stipulations, exhibits or other

22 written submissions to the Court in this litigation which contain, reflect, incorporate or
23 refer to any discovery material that has been designated as “Confidential” or
24 “ATTORNEY EYES ONLY” shall be submitted for filing and maintenance under seal in
25 accordance with the provisions of Local Rule 79-5.1 and the presiding judge’s separate
26 provisions. The party seeking to file the unredacted discovery material designated as
27 “Confidential” or “ATTORNEY EYES ONLY” shall submit an application, along with a
28 proposed order, seeking the Court’s permission to file the document(s) containing the
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1 discovery material under seal in accordance with the foregoing provisions.
2

12.

Should a need arise during the trial or any hearing before the Court for a

3 party to cause Confidential Information to be disclosed, it may do so only after
4 appropriate in camera inspection or other safeguards are requested of the Court or are
5 otherwise ordered by the Court.
6

13.

This Protective Order is without prejudice to the right of any party or third-

7 party witness to move this Court for an Order further restricting disclosure or use of any
8 Confidential Information.

GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

9

14.

In the event of any accidental or inadvertent disclosure of Confidential

10 Information by a party other than in a manner authorized by this Protective Order,
11 counsel shall immediately notify opposing counsel of all pertinent facts, and make every
12 effort to prevent further unauthorized disclosure including, retrieving all copies of
13 Confidential Information from the recipient(s) thereof, and securing the agreement of the
14 recipients not to further disseminate the Confidential Information in any form.
15 Compliance with the foregoing shall not prevent a party from seeking further relief from
16 the Court. Inadvertent production of material subject to the attorney-client privilege,
17 work product immunity, or other applicable privilege or immunity shall not constitute
18 waiver of any privilege or immunity provided that the producing party notifies the
19 receiving party in writing promptly after discovery of such inadvertent production. Such
20 inadvertently produced material shall be returned to the producing party upon request.
21 No use shall be made of such material during deposition or at trial, nor shall such
22 material be shown to anyone who has not already been given access to it subsequent to
23 the request for its return.
24

15.

The parties shall maintain any Confidential Information in a secure and safe

25 place and exercise at least the same degree of care in handling the Confidential
26 Information as is exercised by a party with respect to its own confidential information of
27 a similar nature, but in no event less than due care.
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16.

This Protective Order is valid throughout the course of this action (defined

2 to include all proceedings herein, appeals and/or remands), and shall survive the
3 termination of the action. Upon final termination of the action, all copies of documents
4 containing Confidential Information shall be destroyed within sixty days, with the
5 exception of one archival copy of pleadings, correspondence, work product, discovery
6 responses, depositions, deposition exhibits, Court exhibits and documents included in
7 submissions to the Court which may be retained by outside counsel.
8

17.

This Protective Order shall not prevent either party from moving this Court

GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

9 for an order that Confidential Information is not, in fact, confidential, provided that, prior
10 to making such a motion the parties shall meet and confer to resolve any differences over
11 the designation. On such a motion, the party asserting confidentiality shall have the
12 burden of proving that the Confidential Information in question is protectible under Fed.
13 R. Civ. P. 26(c) or on some other basis, or, as the case may be, is necessary under the
14 circumstances. A party shall not be obligated to challenge the propriety of a designation
15 of Confidential Information at the time made, and failure to do so shall not preclude
16 subsequent challenge.
17

18.

Nothing in this Protective Order shall preclude either party from disclosing

18 or using, in any manner or for any purpose, any information which either was lawfully in
19 its possession prior to being designated Confidential Information in this or the Nevada
20 Action, or was obtained from a third party having the apparent right to disclose such
21 information.
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23
24

19.

This Order does not create any contractual obligations between the parties.

IT IS SO ORDERED:

25 DATED: 2/20/15
26
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___________________/S/__________________
Honorable Suzanna H. Segal
Magistrate Judge for the United States District
Court for the Central District of California
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“EXHIBIT 1”

2
3

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

4
5
6

STEPHEN HENDRICKS, an

7 individual,
8

GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

9

Plaintiff,

10 vs.
11 BBC AMERICA, INC., a Delaware
12 corporation; TEMPLE STREET

PRODUCTIONS, a business entity,

13 form unknown; TEMPLE STREET
14 PRODUCTIONS (US) INC., a
15
16
17
18

California corporation; DAVID
FORTIER, an individual; GRAEME
MANSON, an individual; JOHN
FAWCETT, an individual; and
DOES 1 to 50, inclusive,
Defendants.

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CASE NO. 2:14-CV-02989-RSWL-SSx
STIPULATED PROTECTIVE ORDER

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I am authorized by _______________ [party name] to review Confidential Information

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as that term is used in the Protective Order dated ______________, 2015, and hereby request

24 access to that Confidential Information for use in this litigation.
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I have been provided with a copy of the Protective Order dated ___________, 2015 in the

26 above-captioned proceeding. I have read that Protective Order and hereby agree to be bound by
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all of the limitations regarding disclosure of Confidential Information contained in that

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1 Protective Order.
2

I understand that failure to comply with the terms of that Protective Order may be

3
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punishable by contempt of court and may result in civil liability to any party or person damaged

5 thereby.
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I consent to the United States District Court for the Central District of California

7 exercising jurisdiction over me for the purpose of enforcing that Protective Order or for any
8
contempt proceedings against me arising out of my failure to comply with the terms of that

GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

9
10

Protective Order.

11 Dated:

, 2015.

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Signature of Person Requesting Access to
Confidential Information

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Typed Name of Person Requesting Access to
Confidential Information

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CERTIFICATE OF SERVICE
I hereby certify that on February 17, 2015, a copy of the following document
was filed electronically:
[PROPOSED] PROTECTIVE ORDER

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7

Notice of this filing will be sent to the following parties by operation of the

GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

8 Court’s electronic filing system. Parties may access this filing through the Court’s
9 System:
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11
12
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14
15
16

Steven T. Lowe, Esq.
[e-mail]
Kris S. LeFan, Esq.
[e-mail]
LOWE & ASSOCIATES, P.C.
11400 Olympic Blvd., Suite 640
Los Angeles, CA 90064
Tel: [phone]
Fax: [phone]

Attorneys for Plaintiff,
Stephen Hendricks

17
18 DATED: February 17, 2015
19

GLADSTONE MICHEL
WEISBERG WILLNER & SLOANE, ALC

20
By:_/s/ Anthony DiPietra_________________
ANTHONY DIPIETRA

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Attorneys for AIRCRAFT SERVICE
INTERNATIONAL, INC.
E-Mail: [e-mail]

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