LA Gem & Jewelry Design, Inc. v. Gold Star Jewellery PVT Ltd, et al

Filing 39

PROTECTIVE ORDER by Magistrate Judge Ralph Zarefsky re Stipulation for Protective Order 37 . (NOTE: CHANGES HAVE BEEN MADE TO THE PROPOSED ORDER). (ib)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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L.A. GEM & JEWELRY DESIGN,
INC., a California Corporation dba LA
ROCKS,
Plaintiff,

Case No.: CV 14-04807 DSF (RZx)
[PROPOSED] ORDER GRANTING
PARTIES’ STIPULATION FOR
PROTECTIVE ORDER

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vs.

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GOLD STAR JEWELLERY PVT LTD.,
an Indian company; GOLD STAR
JEWELLERY LLC, a New York
company; and GOLD STAR
INDEPENDENT LLC, a New York
company; and DOES 1-10

NOTE: CHANGES HAVE BEEN
MADE TO THIS DOCUMENT

Defendants.

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AND RELATED COUNTERCLAIMS

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Upon stipulation of the parties for a protection order pursuant to Fed. R. Civ. P.

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26(c) governing the disclosure during pretrial discovery and the subsequent handling of

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trade secret information, proprietary information, other confidential commercial,

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financial or personal information, and documents containing any such information

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(hereinafter collectively referred to as “CONFIDENTIAL INFORMATION”),

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IT IS HEREBY ORDERED THAT:

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1.

INITIAL DESIGNATION.

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1.1

Confidential Information. In connection with discovery in this action, the

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parties may designate materials, including electronic files, documents, things, and

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testimony, as “CONFIDENTIAL” and/or “CONFIDENTIAL-ATTORNEYS’ EYES

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ONLY” (collectively hereinafter, “CONFIDENTIAL INFORMATION”) under the terms

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of this Stipulated Protective Order (“Order”). Confidential information is information

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that has not been made public and which concerns or relates to the processes, operations,

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

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identification of customers and suppliers, inventories, blueprints, amount or source of any

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income, profits, losses, or expenditures of any persons, firm, partnership, corporation or

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other organization, the disclosure of which information may have the effect of causing

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

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organization from which the information was obtained, and, to the extent not already

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encompassed in the preceding definition, trade secrets as defined in California Civil

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Code § 3426.1. By designating a document, thing, material, testimony or other

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information derived therefrom as CONFIDENTIAL or CONFIDENTIAL-

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ATTORNEYS’ EYES ONLY under the terms of this Order, the party making the

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designation is certifying to the court that there is a good faith basis both in law and in fact

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for the designation within the meaning of Federal Rules of Civil Procedure 26(g).

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Material designated as CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS’ EYES

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ONLY under the Order, the information contained therein, and any documents derived in
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whole or in part from material designated as CONFIDENTIAL INFORMATION

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(“CONFIDENTIAL MATERIAL”) shall only be used for the prosecution, defense or

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settlement of this action, and for no other purpose.

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1.2

Produced Documents. A party producing documents that it believes

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constitute or contain CONFIDENTIAL INFORMATION shall produce copies bearing a

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label designating such material CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS’

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EYES ONLY. As used herein, the term “documents” includes all writings or other media

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on which information is recorded and other electronic files and tangible things subject to

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production under the Federal Rules of Civil Procedure. Any and all documents,

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information, or materials provided by a party for the purpose of settlement discussion

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prior to the entry of this Order by the Court shall be deemed Confidential Information;

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notwithstanding any other provisions of this Order, no such documents, information, or

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materials may be disclosed, shared, or otherwise used during any part of this case unless

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introduced again by the same providing party under this Order.

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1.3

Interrogatory Answers. If a party answering an interrogatory believes in

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good faith under the criteria set forth in Paragraph 1.1 above that its answer contains

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CONFIDENTIAL INFORMATION, it shall set forth its answer in a separate document

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that is produced and designated as CONFIDENTIAL or CONFIDENTIAL-

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ATTORNEYS’ EYES ONLY in the same manner as a produced document under

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subparagraph 1.2. The answers to interrogatories should make reference to the separately

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produced document containing the answer, but such document should not be attached to

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the interrogatories.

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1.4

Inspections of Documents. In the event a party elects to produce files and

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records for inspection and the requesting party elects to inspect them, no designation of

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CONFIDENTIAL INFORMATION need be made in advance of the inspection. For

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purposes of such inspection, all materials produced shall be considered as

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CONFIDENTIAL INFORMATION unless the Parties agree otherwise. If the inspecting

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party selects specified documents to be copied, the producing party shall designate
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CONFIDENTIAL INFORMATION in accordance with subparagraph 1.2 at the time the

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copies are produced or within ten (10) days after the producing party is provided with

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copies of said documents.

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1.5

Deposition Transcripts. Portions of testimony taken at a deposition or

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conference and any corresponding exhibits may be designated as CONFIDENTIAL or

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CONFIDENTIAL–ATTORNEYS’ EYES ONLY by making a statement to that effect on

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the record at the deposition or other proceeding. Arrangements shall be made with the

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court reporter transcribing such proceeding to separately bind such portions of the

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transcript containing information designated as CONFIDENTIAL or CONFIDENTIAL–

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ATTORNEYS’ EYES ONLY and label such portions appropriately.
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Multi-page Documents. A party may designate all pages of an integrated,

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multi-page document, including a deposition transcript, interrogatory answers and

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responses to document requests, as CONFIDENTIAL INFORMATION by placing the

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label specified in subparagraph 1.1 on the first page of the document. If a party wishes to

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designate only certain portions of an integrated, multi-page document as

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CONFIDENTIAL INFORMATION, it should designate such portions immediately

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below the label on the first page of the document and place the label specified in

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subparagraph 1.1 on each page of the document containing CONFIDENTIAL

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INFORMATION.

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1.7

List. Within fourteen days after producing or designating CONFIDENTIAL

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INFORMATION, the producing or designating party shall provide a log identifying all

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such designated material. The log shall identify the documents or other material either by

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Bates stamp number(s) or by a description sufficiently detailed to make the document or

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material the basis for the claimed CONFIDENTIAL or CONFIDENTIAL-

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ATTORNEYS’ EYES ONLY designation. The log shall state with specificity all the

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asserted basis which support the need to identify designated materials as

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CONFIDENTIAL.

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1.8

Attorneys’ Eyes Only Material. As stated above, the parties may designate
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[PROPOSED] ORDER GRANTING PARTIES’ STIPULATION FOR PROTECTIVE ORDER

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discovery material or testimony of a highly confidential and/or proprietary nature as

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ATTORNEYS’ EYES ONLY or CONFIDENTIAL-ATTORNEYS’ EYES ONLY

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(“Attorneys’ Eyes Only Material”), in the manner described in paragraph 1 above.

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Attorneys’ Eyes Only Material, and the information contained therein, may be disclosed

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only to the following: (i) the Court, pursuant to paragraph 3.5 hereof; (ii) mediators or

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arbitrators agreed upon by the parties; (iii) outside counsel for any party (and their staff);

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or (iv) other “qualified persons” listed in subparagraphs 3.1 herein. Individuals within

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categories (iii) to (iv) shall pre-agree to be bound by the terms of the Protective Order.

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Attorneys’ Eyes Only Material shall not be disclosed to any party or to any officer, in-

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house counsel, director or employee of any party unless agreed in writing by the parties

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or ordered by the Court. ATTORNEYS’ EYES ONLY and CONFIDENTIAL

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information shall collectively be referred to as Designated Material.

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Later Designations. A party may also designate information disclosed at a

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deposition as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY by notifying all

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parties in writing, within twenty-one (21) days of receipt of the transcript, of the specific

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pages and lines designated as such. Each party shall attach a copy of such written

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statement to the face of each transcript in its possession, custody or control. For twenty-

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one (21) days after receipt of the transcript, depositions shall be treated as

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ATTORNEYS’ EYES ONLY, but after that period any portions not designated as

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CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY may be disclosed.

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2.

DESIGNATIONS BY ANOTHER PARTY. For fourteen (14) days after

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receipt of documents from a third party, the documents shall be treated as ATTORNEYS’

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EYES ONLY, but after that period any portions not designated as CONFIDENTIAL

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and/or ATTORNEYS’ EYES ONLY may be disclosed. If a third party produces

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documents that any party reasonably believes should be protected under this Order,

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within fourteen (14) days of the production said party to this action shall advise all

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counsel of its designation of such documents as CONFIDENTIAL and/or ATTORNEYS’

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EYES ONLY and shall affix the corresponding stamp on such documents. The third
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party shall be served with a copy of this Order with the Subpoena and such third party

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itself may designate documents or testimony as Confidential or Attorneys’ Eyes Only as

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provided herein. All parties shall cooperate to effectuate affixing the necessary stamp.

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3.

HANDLING PRIOR TO TRIAL.

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3.1

Authorized Disclosures. Discovery Material designated as

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CONFIDENTIAL or information derived therefrom may be disclosed, shown, or made

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available, or communicated in any way only to the following persons:

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a.

The parties and employees of the parties, but only to the extent necessary to

participate in, assist in and monitor the progress of this action and for no other purpose;
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Qualified persons taking testimony involving Designated Material, and

necessary stenographic, videographic, and clerical personnel thereof;
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Consultants or experts and their staff who are employed for the purposes of

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this litigation, provided that the provisions of Paragraph 3.3 of this Stipulation are

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complied with prior to any disclosure of any Designated Material to such an expert or

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consultant;

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d.

The Court and the Court’s staff pursuant to Paragraph 3.5 of this Stipulation;

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e.

Attorneys for the parties to this litigation and/or the insurance carriers for the

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parties to the litigation, including persons working solely in secretarial, clerical, and

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paralegal capacities, and who are providing assistance to counsel in this action, and/or

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claims representatives and/or claims adjustors, upon the condition that such Designated

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Documents not be used in policy issuance determinations and be immediately destroyed

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by the insurance carriers upon completion of the instant litigation;

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f.

Third-parties specifically retained to assist outside counsel in copying,

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imaging, and/or coding of documents but for that purpose only, provided that all such

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confidential documents are kept and maintained in a separate and secure place and that

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the third party retained to copy, image, or code confidential documents is not currently

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performing any services, either as an employee, consultant, or otherwise for any

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competitor of either party to this action or for one having any interest adverse to either
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party to this action;
g.

The author, addressees and recipients of the documents or any person who

would have had access to such information by virtue of his /her employment; and,

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h.

Any other person as to whom the parties previously agree in writing.

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Such disclosures are authorized only to the extent necessary to prosecute or defend

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this litigation. There will be no disclosure of CONFIDENTIAL INFORMATION to any

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person or entity who is a manufacturer or retail competitor (or an employee of a

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manufacturer or retail competitor) of a party. There will be no disclosure of

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CONFIDENTIAL INFORMATION to any distributor or supplier (or an employees of a

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distributor or supplier) of a party unless within 14 days of written notice by the party

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wishing disclosure, either the parties agree to the terms of disclosure or the party

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objecting to a proposed disclosure files a motion objecting to disclosure and the court

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orders otherwise.

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3.2

AEO Disclosure. Material or documents designated as ATTORNEYS’

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EYES ONLY may be shown to a “qualified person” listed in subparagraphs 3.1(b)

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through (g).

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3.3

Procedure. Except for persons described in Paragraph 3.1.d, 3.1.e or 3.1.f

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of this Stipulation, all persons to whom Designated Material is disclosed or by whom

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Designated Material is used, including parties, non-parties, and their representatives, shall

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be informed of and agree to be bound by the terms of this Stipulation and the Protective

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Order and shall take all necessary precautions to prevent any disclosure or use of

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Designated Material other than as authorized by this Stipulation.

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a.

Prior to disclosing Designated Material to any person, other than persons

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described in Paragraph 3.1.d, 3.1.e or 3.1.f of this Stipulation, the disclosing party shall

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obtain from such person a “Written Assurance” acknowledgement (Attachment “A”), that

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such person has reviewed a copy of this Stipulation and any subsequent Protective Order

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issued by the Court, will comply with their terms in all respects, and will submit to the

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jurisdiction of this Court for adjudication of any dispute about whether such person has
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complied with the terms of this Stipulation and any subsequent Protective Order issued

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by the Court. In addition, prior to dissemination by a receiving party, or its counsel of

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record, of any Designated Material to any person, other than persons described in

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Paragraph 3.1.d, 3.1.e or 3.1.f of this Stipulation, the disseminating party shall obtain and

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maintain a copy of this acknowledgement evidencing that such person has executed the

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undertaking.
b.

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Individuals who are authorized to review Designated Material pursuant to

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this Stipulation shall hold the Designated Material and its contents in confidence and

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shall not divulge the Designated Material or its contents, either verbally or in writing,

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except as expressly permitted by this Stipulation, unless authorized to do so by a further

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Order of this Court or as specifically required by law.
3.4

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Unauthorized Disclosures. In the event of disclosure of material

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designated as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY Material, other

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than as authorized in this Order, counsel for the party responsible for the disclosure shall

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notify all parties of all pertinent facts, and shall make every effort to prevent further

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disclosure, including retrieving disclosed materials and copies of such materials and

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having unauthorized persons to whom disclosure was made sign a “Written Assurance”

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acknowledgement (Attachment “A”). Upon written stipulation, in accordance with Local

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Rule 37, the Court may order such further and additional relief as it deems necessary and

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just.

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3.5

Court Filings. The parties acknowledge the procedures for filing under seal

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outlined by Local Rule 79-5.1. If Confidential Material, including any portion of a

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deposition transcript designated as CONFIDENTIAL and/or ATTORNEYS’ EYES

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ONLY is included in any of the papers to be filed with the Court, the Confidential

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Material or any portions of the pleadings which contain Confidential Material shall be

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labeled “Confidential – Subject to Court Order,” shall be lodged under seal, and shall be

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accompanied by a written application and proposed order to file the Confidential Material

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under seal to the judge to whom the papers are directed, until further order of the Court.
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Each submission to be lodged under seal is to be filed on a document by document basis,

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allowing the Court the opportunity to determine whether the standard for filing material

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under seal has been satisfied. The proposed order shall address both the sealing of the

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application and the order itself. The original and judge’s copy of the document shall be

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sealed in separate envelopes with a copy of the title page attached to the front of each

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envelope, with the authority for the under-seal filings, if authorized by statute or rule,

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appearing on the title page of the proposed filing Applications and Orders to Seal, along

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with the material to be placed under seal, shall not be electronically filed but shall be

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filed manually in the manner prescribed by Local Rule 79-5. A Notice of Manual Filing

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shall be electronically filed identifying materials being manually filed. The parties agree

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that exhibits provided to any jury empanelled in this proceeding shall be provided

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without the CONFIDENTIAL or ATTORNEYS’ EYES ONLY stamp.

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4.

HANDLING DURING TRIAL. CONFIDENTIAL INFORMATION

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and/or ATTORNEYS’ EYES ONLY which is subject to this order may be marked and

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used as trial exhibits by either party, subject to terms and conditions as imposed by the

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trial court upon application by the designating party.

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5.

HANDLING AFTER TRIAL. This Order shall survive the final

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termination of this action and shall protect all retained materials that have remained

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confidential through final termination of the case. Upon final termination of this case,

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counsel for the parties may each retain one copy of the pleadings, transcripts of any

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hearings or trials, transcripts of depositions, and exhibits from any hearings, trials or

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depositions. Counsel shall destroy or assemble and return to each other materials

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designated as confidential and all copies or summaries thereof.

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6.

RESTRICTIONS. Nothing herein shall impose any restriction on the use

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or disclosure by a party of material: (1) obtained lawfully by a party hereto other than

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through discovery in this action, from a person who, to the best of such party’s

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knowledge, was not at the time such materials were obtained by such party under a duty

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(contractual or otherwise) to maintain such materials in confidence; (2) that is public
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knowledge or became public knowledge after disclosure under this Order (other than

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through an act or omission or a person receiving material under this Order).

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7.

OTHER REQUESTS. The Order shall be without prejudice to the right of

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any party: (i) to request re-designation of material as Confidential, Attorneys’ Eyes Only,

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or neither, or both; (ii) upon written stipulation, in accordance with Local Rule 37, to

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request the Court’s ruling on whether a document or information is Confidential or

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Attorneys’ Eyes Only Material, or whether its use should be restricted; (iii) to present a

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

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or information, including restrictions differing from those specified herein. The Order

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shall not be deemed to prejudice the parties in any way in any future application for

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modification of this Order.

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CUSTODY. Recipients of material under this Order shall maintain such

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material secured and shall exercise the same standard of care with respect to storage,

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custody, use and dissemination of the material as they exercise for their own proprietary

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information, but in no event shall the standard be less than that of a reasonable person.

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This order shall be binding on the parties when signed regardless of whether and

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when this Court endorses this Order.

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Notwithstanding to the contrary in the foregoing, this Order shall not govern either

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at trial or in connection with dispositive motions. Any protection sought in connection

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with either situation must be sought separately, from the judge who will preside over

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those proceedings.

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IT IS SO ORDERED.

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Dated: 11/24, 2014By:

_______________________________

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Honorable Ralph Zarefsky

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United States Magistrate Judge
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EXHIBIT A

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WRITTEN ASSURANCE
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I, _______________________________________________ (print name), reside
at ___________________________________, in the City of ______________,

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____________. I am employed by and/or affiliated with ___________________, with a

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business address of ________________________________________, in the City of

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______________, ____________. I have read and understand the Stipulated Protective

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Order filed in the case of L.A. Gem & Jewelry Design, Inc. v. Goldstar Jewellery Pvt

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Ltd., et al., United States District Court Case CV 14-04807 DSF (RZx). I agree to

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comply with and be bound by the provisions of the Stipulated Protective Order. I will

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not divulge Confidential Material and/or Attorneys’ Eyes Only Material (as those terms

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are defined in the Stipulated Protective Order) to persons other than those specifically

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authorized by the Stipulated Protective Order. I will not copy or use, except solely for

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the purpose of this litigation, any information protected by the Stipulated Protective
Order except as expressly permitted by the Court.

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Executed at __________________, ___________________ (insert city and state),
this _____ day of _______________, 201__.

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______________________________
Signature

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