Mohlar Hurley Partners, Inc. v. Tkees, Inc.

Filing 42

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulation for Protective Order 40 . See document for details. (yb)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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Mohlar Hurley Partners, Inc. d/b/a
9 HM Showroom,

Case No. CV 15-1157 CAS/AJWx

Plaintiff,

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PROTECTIVE ORDER

v.

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12 Tkees, Inc.,
Defendant.

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Pursuant to the Stipulation for Protective Order (ECF No. 40), entered into by
the parties, seeking an order designating that certain information and documents

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may be disclosed only in designated ways,

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IT IS HEREBY ORDERED that the Stipulation (ECF No. 40 is
ADOPTED, and confidential information shall be disclosed only in the following

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ways:
1.

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

meanings: “Attorneys” means counsel of record;

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

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

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“Outside Vendors” means messenger, copy, coding, and other clerical
services vendors not employed by a party or its Attorneys; and

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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 only designate material as “Confidential” which that

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Party in good faith believes there is “good cause” for the protections of this Order,

9 pursuant to Fed. R. Civ. P. 26(c)(1)(G) in that it contains material that is a trade
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secret, confidential research, proprietary development, sensitive and proprietary

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12 business or financial information, material of a highly personal and sensitive nature,
13 or material restricted from disclosure by state or federal law or regulation.
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3.

All Confidential documents, along with the information contained in

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16 the documents, shall be used solely for the purpose of this action, and no person
17 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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20 those specified in paragraph. Any other use is prohibited.
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4.

Access to any Confidential document shall be limited to:
(a)

the Court and its staff;

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(b)

Attorneys, their law firms, and their Outside Vendors;

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(c)

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

(d)

court reporters retained to transcribe testimony; (e) the parties;

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(f)

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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.

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5.

Third parties producing documents in the course of this action may

7 also designate documents as “Confidential”, subject to the same protections and
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constraints as the parties to the action. A copy of the Protective Order shall be

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served along with any subpoena served in connection with this action.

All

11 documents produced by such third parties shall be treated as “Confidential” for a
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period of 14 days from the date of their production, and during that period any party

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14 may designate such documents as “Confidential” pursuant to the terms of the
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6.

Each person appropriately designated pursuant to paragraphs 4(f) to

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18 receive Confidential information shall execute a “Written Assurance” in the form
19 attached as Exhibit A. Opposing counsel shall be notified at least 14 days prior to
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disclosure to any such person who is known to be an employee or agent of, or

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22 consultant to, any competitor of the party whose designated documents are sought to
23 be disclosed. Such notice shall provide a reasonable description of the outside
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independent person to whom disclosure is sought sufficient to permit objection to be

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26 made. If a party objects in writing to such disclosure within 14 days after receipt of
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1 notice, no disclosure shall be made until the party seeking disclosure obtains the
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prior approval of the Court or the objecting party.

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7.

All depositions or portions of depositions taken in this action that

5 contain confidential information may be designated “Confidential” and thereby
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obtain the protections accorded other “Confidential” documents.

Confidentiality

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

9 to the other party within 14 days of receipt of the transcript. Unless otherwise
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agreed, depositions shall be treated as “Confidential” during the 14-day period

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12 following receipt of the transcript. The deposition of any witness (or any portion of
13 such deposition) that encompasses Confidential information shall be taken only in
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the presence of persons who are qualified to have access to such information.

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8.

Any party who inadvertently fails to identify documents as

17 “Confidential” shall, promptly upon discovery of its oversight, provide written
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notice of the error and substitute appropriately-designated documents. Any party

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20 receiving such improperly- designated documents shall retrieve such documents
21 from persons not entitled to receive those documents and, upon receipt of the
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substitute documents, shall return or destroy the improperly-designated documents.

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9.

If a party files a document containing Confidential information with

25 the Court, it shall do so in compliance with the Electronic Case Filing Procedures
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for the Central District of California, specifically C.D. Cal. LR 79-5.1. If a party
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28 intends to submit, in connection with a motion or trial, a document the party
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PROTECTIVE ORDER

1 believes in good faith does not qualify for filing under seal but which has been
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designated by another party as confidential or protected, the party intending to file

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the document shall follow the procedures set forth in this protective order to

5 challenge the designation of the document to the extent possible before the party’s
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submission is due.

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10.

If a party or non-party objects to the designation of, or failure to

9 designate, any information as “Confidential,” such challenging party shall make
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such objection by giving written notice to counsel of record. Within seven (7) days

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12 after such notice is received, counsel for the parties shall meet and confer. If the
13 parties are unable to resolve their differences, the challenging party may apply to the
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Court for a

determination whether such material is properly designated as

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16 “Confidential.” The burden of persuasion in any such proceedings before the Court
17 shall be on the designating party or the party requesting designation. Any
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information that becomes the subject of a meet and confer conference, as described

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20 above, shall be treated as “Confidential” material and shall be subject to the terms of
21 these provisions until the Court has ruled on the issue of confidentiality.
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11.

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

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24 each party shall either destroy or return to the opposing party all documents
25 designated by the opposing party as “Confidential”, and all copies of such
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documents, and shall destroy all extracts and/or data taken from such documents.
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28 Each party shall provide a certification as to such return or destruction within the
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1 60-day period. However, Attorneys shall be entitled to retain a set of all documents
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filed with the Court and all correspondence generated in connection with the action.

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12.

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

5 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 be

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appropriate.
13.

No action taken in accordance with the Protective Order shall be

construed as a waiver of any claim or defense in the action or of any position as to

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12 discoverability or admissibility of evidence.
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14.

The obligations imposed by the Protective Order shall survive the

termination of this action.

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16 SO ORDERED:
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18 Date: November 16, 2015

BY THE COURT

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_________________________
HONORABLE ANDREW J. WISTRICH
U. S. MAGISTRATE JUDGE

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EXHIBIT A
WRITTEN ASSURANCE

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I, ______________________, do hereby declare that I reside at

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City

of

___________________,

County

of

_________________________, State of __________________, and that my

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telephone

number

is

______________.

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and

my

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position

currently
/

work

for

title

is

___________________________.

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I do further declare that I have read and I understand the terms of the

13 Protective Order dated ___________________ , filed in that case entitled
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______________________, Court No. ________________ currently pending in the

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16 United States District Court for the Central District of California. I agree to comply
17 with and be bound by the provisions of the Protective Order. I understand that any
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violation of the Protective Order may subject me to sanctions by the Court.

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I understand and agree that I shall not divulge any documents, or copies of

21 documents, designated “Confidential” obtained pursuant to such Protective Order,
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or the contents of such documents, to any person other than those specifically

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24 authorized by the Protective Order. I shall not copy or use such documents except
25 for the purposes of this action and pursuant to the terms of the Protective Order.
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As soon as practical, but no later than 30 days after final termination of this
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28 action, I shall return to the attorney from whom I have received them, any
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PROTECTIVE ORDER

1 documents in my possession designated “Confidential”, and all copies, excerpts,
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summaries, notes, digests, abstracts, and indices relating to such documents.

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I further agree to submit myself to the jurisdiction of the United States

5 District Court for the Central District of California for the purpose of enforcing or
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otherwise providing relief relating to the Protective Order.

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Executed on:
_________________________
(Date)

______________________
(Signature)

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