Sketchy Studios, LLC v. Frame Rates Inc.
Filing
99
PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg 97 . SEE ORDER FOR DETAILS. (mp)
1
2
3
4
5
6
GERARD FOX LAW P.C.
GERARD P. FOX (SBN 151649)
gfox@gerardfoxlaw.com
BELINDA M. VEGA (SBN 208236)
bvega@gerardfoxlaw.com
LAUREN M. GREENE (SBN 271397)
lgreene@gerardfoxlaw.com
1880 Century Park East, Suite 1410
Los Angeles, CA 90067
Tel: (310) 441-0500
Fax: (310) 441-4447
7
Attorneys for Plaintiff
8 SKETCHY STUDIOS, LLC and BRIAN RAUSCH
UNITED STATES DISTRICT COURT
9
10
FOR THE CENTRAL DISTRICT OF CALIFORNIA
)
)
)
Plaintiff,
12
)
)
v.
13
)
)
14 FRAME RATES, INC., et al.,
)
)
15
Defendants.
)
_______________________________ )
16
)
BRIAN RAUSCH,
)
17
)
)
Plaintiff,
18
)
)
v.
19
)
)
20 MALCOM BLAIR, NOLAN
)
MCDONALD, et al.,
)
21
)
Defendants.
)
22
11 SKETCHY STUDIOS, LLC,
23
24
25
26
27
28
CASE NO.: CV 15-2023 DSF (AGRx) and
CASE NO.: CV 15-04212 DSF (AGRx)
DISCOVERY MATTER
STIPULATED PROTECTIVE ORDER
1
2
1.
A.
PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,
3
proprietary, or private information for which special protection from public disclosure
4
and from use for any purpose other than prosecuting or defending this litigation may
5
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6
enter the following Stipulated Protective Order. The parties acknowledge that this
7
Order does not confer blanket protections on all disclosures or responses to discovery
8
and that the protection it affords from public disclosure and use extends only to the
9
limited information or items that are entitled to confidential treatment under the
10
applicable legal principles. The parties further acknowledge, as set forth in Section
11
12.3, below, that this Stipulated Protective Order does not entitle them to file
12
confidential information under seal; Civil Local Rule 79-5 sets forth the procedures
13
that must be followed and the standards that will be applied when a party seeks
14
permission from the court to file material under seal.
15
B.
16
This action is likely to involve trade secrets, customer and pricing lists and other
GOOD CAUSE STATEMENT
17
valuable intellectual property, research, development, commercial, financial, technical
18
and/or proprietary information for which special protection from public disclosure and
19
from use for any purpose other than prosecution of this action is warranted. Such
20
confidential and proprietary materials and information consist of, among other things,
21
confidential business or financial information, information regarding confidential
22
business practices, or other confidential intellectual property, research, development,
23
or commercial information (including information implicating privacy rights of third
24
parties), information otherwise generally unavailable to the public, or which may be
25
privileged or otherwise protected from disclosure under state or federal statutes, court
26
rules, case decisions, or common law. Accordingly, to expedite the flow of
27
information, to facilitate the prompt resolution of disputes over confidentiality of
28
2
1
discovery materials, to adequately protect information the parties are entitled to keep
2
confidential, to ensure that the parties are permitted reasonable necessary uses of such
3
material in preparation for and in the conduct of trial, to address their handling at the
4
end of the litigation, and serve the ends of justice, a protective order for such
5
information is justified in this matter. It is the intent of the parties that information will
6
not be designated as confidential for tactical reasons and that nothing be so designated
7
without a good faith belief that it has been maintained in a confidential, non-public
8
manner, and there is good cause why it should not be part of the public record of this
9
case.
10
2.
DEFINITIONS
11
2.1
Action: The above captioned pending consolidated actions.
12
2.2
Challenging Party: a Party or Non-Party that challenges the designation of
13
14
information or items under this Order.
2.3
“CONFIDENTIAL” Information or Items: information (regardless of how
15
it is generated, stored or maintained) or tangible things that qualify for protection
16
under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
17
Statement.
18
2.4
Counsel: Counsel of Record
19
2.5
Designating Party: a Party or Non-Party that designates information or
20
items that it produces in disclosures or in responses to discovery as
21
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
22
ONLY.”
23
2.6
Disclosure or Discovery Material: all items or information, regardless of
24
the medium or manner in which it is generated, stored, or maintained (including,
25
among other things, testimony, transcripts, and tangible things), that are produced or
26
generated in disclosures or responses to discovery in this matter.
27
28
3
1
2.7
Expert: a person with specialized knowledge or experience in a matter
2
pertinent to the litigation who has been retained by a Party or its counsel to serve as an
3
expert witness or as a consultant in this Action.
4
2.8
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
5
Information or Items: extremely sensitive “Confidential Information or Items,”
6
disclosure of which to another Party or Non-Party would create a substantial risk of
7
serious harm that could not be avoided by less restrictive means.
8
9
10
2.8
Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
2.9
Outside Counsel of Record: attorneys who are not employees of a party to
11
this Action but are retained to represent or advise a party to this Action and have
12
appeared in this Action on behalf of that party or are affiliated with a law firm which
13
has appeared on behalf of that party, and includes support staff.
14
2.10 Party: any party to this Action, including all of its officers, directors,
15
employees, consultants, retained experts, and Outside Counsel of Record (and their
16
support staffs).
17
18
19
2.11 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
2.12 Professional Vendors: persons or entities that provide litigation support
20
services (e.g., photocopying, videotaping, translating, preparing exhibits or
21
demonstrations, and organizing, storing, or retrieving data in any form or medium) and
22
their employees and subcontractors.
23
2.13 Protected Material: any Disclosure or Discovery Material that is
24
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
25
EYES ONLY.”
26
27
2.14 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
28
4
2.15 State Court Writ Proceeding: the action presently pending in the Superior
1
2
Court for the County of Los Angeles, entitled Blair, et al. v. HOM, et al, and bearing
3
case number BS157061.
4
3.
SCOPE
The protections conferred by this Stipulation and Order cover not only Protected
5
6
Material (as defined above), but also (1) any information copied or extracted from
7
Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
8
Material; and (3) any testimony, conversations, or presentations by Parties or their
9
Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the trial
10
11
judge. This Order does not govern the use of Protected Material at trial.
12
4.
DURATIONS
13
Even after final disposition of this litigation, the confidentiality obligations
14
imposed by this Order shall remain in effect until a Designating Party agrees otherwise
15
in writing or a court order otherwise directs. Final disposition shall be deemed to be
16
the later of (1) dismissal of all claims and defenses in this Action, with or without
17
prejudice; and (2) final judgment herein after the completion and exhaustion of all
18
appeals, rehearings, remands, trials, or reviews of this Action, including the time limits
19
for filing any motions or applications for extension of time pursuant to applicable law.
20
5.
21
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Case in Designating Material for Protection.
22
Each Party or Non-Party that designates information or items for protection under this
23
Order must take care to limit any such designation to specific material that qualifies
24
under the appropriate standards. The Designating Party must designate for protection
25
only those parts of material, documents, items, or oral or written communications that
26
qualify so that other portions of the material, documents, items, or communications for
27
28
5
1
which protection is not warranted are not swept unjustifiably within the ambit of this
2
Order.
3
Mass, indiscriminate, or routinized designations are prohibited. Designations
4
that are shown to be clearly unjustified or that have been made for an improper
5
purpose (e.g., to unnecessarily encumber the case development process or to impose
6
unnecessary expenses and burdens on other parties) may expose the Designating Party
7
to sanctions.
8
If it comes to a Designating Party’s attention that information or items that it
9
designated for protection do not qualify for protection, that Designating Party must
10
promptly notify all other Parties that it is withdrawing the inapplicable designation.
11
5.2
Manner and Timing of Designations. Except as otherwise provided in this
12
Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated
13
or ordered, Disclosure or Discovery Material that qualifies for protection under this
14
Order must be clearly so designated before the material is disclosed or produced.
15
16
Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic
17
documents, but excluding transcripts of depositions or other pretrial or trial
18
proceedings), that the Producing Party affix at a minimum, the legend
19
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
20
ONLY”, to each page that contains protected material. If only a portion or portions of
21
the material on a page qualifies for protection, the Producing Party also must clearly
22
identify the protected portion(s) (e.g., by making appropriate markings in the margins).
23
Party or Non-Party that makes original documents available for inspection need
24
not designate them for protection until after the inspecting Party has indicated which
25
documents it would like copied and produced. During the inspection and before the
26
designation, all of the material made available for inspection shall be deemed
27
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
28
6
1
ONLY.” After the inspecting Party has identified the documents it wants copied and
2
produced, the Producing Party must determine which documents, or portions thereof,
3
qualify for protection under this Order. Then, before producing the specified
4
documents, the Producing Party must affix the legend “CONFIDENTIAL” or
5
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that
6
contains Protected Material. If only a portion or portions of the material on a page
7
qualifies for protection, the Producing Party also must clearly identify the protected
8
portion(s) (e.g., by making appropriate markings in the margins).
9
(b) for testimony given in depositions that the Designating Party identify the
10
Disclosure or Discovery Material on the record, before the close of the deposition all
11
protected testimony. When it is impractical to identify separately each portion of
12
testimony that is entitled to protection and it appears that substantial portions of the
13
testimony may qualify for protection, the Designating Party may invoke on the record
14
(before the deposition, hearing, or other proceeding is concluded) a right to have up to
15
21 days to identify the specific portions of the testimony as to which protection is
16
sought and to specify the level of protection being asserted. Only those portions of the
17
testimony that are appropriately designated for protection within the 21 days shall be
18
covered by the provisions of this Stipulated Protective Order. Alternatively, a
19
Designating Party may specify, at the deposition or up to 21 days afterwards if that
20
period is properly invoked, that the entire transcript shall be treated as
21
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
22
Parties shall give the other parties notice if they reasonably expect a deposition,
23
hearing or other proceeding to include Protected Material so that the other parties can
24
ensure that only authorized individuals who have signed the “Acknowledgment and
25
Agreement to Be Bound” (Exhibit A) are present at those proceedings. The use of a
26
document as an exhibit at a deposition shall not in any way affect its designation as
27
28
7
1
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
2
ONLY.”
Transcripts containing Protected Material shall have an obvious legend on the
3
4
title page that the transcript contains Protected Material, and the title page shall be
5
followed by a list of all pages (including line numbers as appropriate) that have been
6
designated as Protected Material and the level of protection being asserted by the
7
Designating Party. The Designating Party shall inform the court reporter of these
8
requirements. Any transcript that is prepared before the expiration of a 21-day period
9
for designation shall be treated during that period as if it had been designated
10
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
11
otherwise agreed. After the expiration of that period, the transcript shall be treated only
12
as actually designated.
13
(c) for information produced in some form other than documentary and
14
for any other tangible items, that the Producing Party affix in a prominent place on the
15
exterior of the container or containers in which the information is stored the legend
16
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
17
ONLY.” If only a portion or portions of the information warrants protection, the
18
Producing Party, to the extent practicable, shall identify the protected portion(s).
19
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
20
failure to designate qualified information or items does not, standing alone, waive the
21
Designating Party’s right to secure protection under this Order for such material. Upon
22
timely correction of a designation, the Receiving Party must make reasonable efforts to
23
assure that the material is treated in accordance with the provisions of this Order.
24
6.
25
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a
26
designation of confidentiality at any time that is consistent with the Court’s Scheduling
27
Order. Unless a prompt challenge to a Designating Party’s confidentiality designation
28
8
1
is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
2
burdens, or a significant disruption or delay of the litigation, a Party does not waive its
3
right to challenge a confidentiality designation by electing not to mount a challenge
4
promptly after the original designation is disclosed.
6.2
5
Meet and Confer. The Challenging Party shall initiate the dispute
6
resolution process under Local Rule 37.1 et seq. However, in the event an informal,
7
extrajudicial, resolution cannot be reached, and court intervention is required, the
8
Designating Party shall be deemed to be the moving party for purposes of Local Rule
9
37.2 and 37.3. The confidentiality designation shall be deemed waived, in the event
10
the Designating Party fails to provide the Joint Stipulation required by Local Rule
11
37.2.2, within 10 days after the conclusion of the meet and confer process required by
12
Local Rule 37.1, unless the parties otherwise agree in writing or the Court orders
13
otherwise.
14
6.3
The burden of persuasion in any such challenge proceeding shall be on the
15
Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
16
to harass or impose unnecessary expenses and burdens on other parties) may expose
17
the Challenging Party to sanctions. Unless the Designating Party has waived or
18
withdrawn the confidentiality designation, all parties shall continue to afford the
19
material in question the level of protection to which it is entitled under the Producing
20
Party’s designation until the Court rules on the challenge.
21
7.
22
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
23
disclosed or produced by another Party or by a Non-Party in connection with this
24
Action or the State Court Writ Proceeding, only for prosecuting, defending, or
25
attempting to settle this Action or the State Court Writ Proceeding. Such Protected
26
Material may be disclosed only to the categories of persons and under the conditions
27
28
9
1
described in this Order. When the Action has been terminated, a Receiving Party must
2
comply with the provisions of section 13 below (FINAL DISPOSITION).
3
Protected Material must be stored and maintained by a Receiving Party at a
4
location and in a secure manner that ensures that access is limited to the persons
5
authorized under this Order.
6
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
7
ordered by the court or permitted in writing by the Designating Party, a Receiving
8
Party may disclose any information or item designated “CONFIDENTIAL” only to:
9
(a) the Receiving Party’s Outside Counsel of Record in this Action, as
10
well as employees of said Outside Counsel of Record to whom it is reasonably
11
necessary to disclose the information for this Action;
12
13
14
(b) the officers, directors, and employees (including House Counsel) of
the Receiving Party to whom disclosure is reasonably necessary for this Action;
(c) Experts (as defined in this Order) of the Receiving Party to whom
15
disclosure is reasonably necessary for this Action and who have signed the
16
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
17
(d) the court and its personnel;
18
(e) court reporters and their staff;
19
(f) professional jury or trial consultants, mock jurors, and Professional
20
Vendors to whom disclosure is reasonably necessary for this Action and who have
21
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
22
23
24
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses, and attorneys for witnesses, in the
25
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
26
requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
27
not be permitted to keep any confidential information unless they sign the
28
10
1
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
2
by the Designating Party or ordered by the court. Pages of transcribed deposition
3
testimony or exhibits to depositions that reveal Protected Material may be separately
4
bound by the court reporter and may not be disclosed to anyone except as permitted
5
under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,
6
7
mutually agreed upon by any of the parties engaged in settlement discussions.
7.3
8
Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
9
ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
10
writing by the Designating Party, a Receiving Party may disclose any information or
11
item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
12
to:
13
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
14
employees of said Outside Counsel of Record to whom it is reasonably necessary to
15
disclose the information for this litigation and who have signed the “Acknowledgment
16
and Agreement to Be Bound” that is attached hereto as Exhibit A;
17
(b) Experts of the Receiving Party (1) to whom disclosure is reasonably
18
necessary for this litigation, and (2) who have signed the “Acknowledgment and
19
Agreement to Be Bound” (Exhibit A);
20
(c) the court and its personnel;
21
(d) court reporters and their staff;
22
(e) professional jury or trial consultants, and Professional Vendors to whom
23
disclosure is made for this litigation and who have signed the “Acknowledgment and
24
Agreement to Be Bound” (Exhibit A) and, in the case of mock jurors, a form to be
25
created and agreed by counsel;
26
27
(f) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information; and
28
11
1
(g) any mediator or settlement officer, and their supporting personnel, mutually
2
agreed upon by any of the parties engaged in settlement discussions and who have
3
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
4
7.4 Intentionally Omitted.
5
8.
6
7
PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that
8
compels disclosure of any information or items designated in this Action as
9
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
10
11
12
ONLY,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;
13
(b) promptly notify in writing the party who caused the subpoena or order
14
to issue in the other litigation that some or all of the material covered by the subpoena
15
or order is subject to this Protective Order. Such notification shall include a copy of
16
this Stipulated Protective Order; and
17
18
19
(c) cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with
20
the subpoena or court order shall not produce any information designated in this action
21
as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
22
ONLY” unless ordered to do so by any court, unless the Party has obtained the
23
Designating Party’s permission. The Designating Party shall bear the burden and
24
expense of seeking protection in that court of its confidential material and nothing in
25
these provisions should be construed as authorizing or encouraging a Receiving Party
26
in this Action to disobey a lawful directive from another court.
27
28
12
1
8.1
2
Court Writ Proceeding
3
9.
4
PRODUCED IN THIS LITIGATION
5
For purposes of this Section 8, other litigation shall not include the State
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
(a) The terms of this Order are applicable to information produced by a
6
Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
7
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by
8
Non-Parties in connection with this litigation is protected by the remedies and relief
9
provided by this Order. Nothing in these provisions should be construed as prohibiting
10
11
a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to
12
produce a Non-Party’s confidential information in its possession, and the Party is
13
subject to an agreement with the Non-Party not to produce the Non-Party’s
14
confidential information, then the Party shall:
15
(1) promptly notify in writing the Requesting Party and the Non-
16
Party that some or all of the information requested is subject to a confidentiality
17
agreement with a Non-Party;
18
(2) promptly provide the Non-Party with a copy of the Stipulated
19
Protective Order in this Action, the relevant discovery request(s), and a reasonably
20
specific description of the information requested; and
21
22
23
(3) make the information requested available for inspection by the
Non-Party, if requested.
(c) If the Non-Party fails to seek a protective order from this court within
24
14 days of receiving the notice and accompanying information, the Receiving Party
25
may produce the Non-Party’s confidential information responsive to the discovery
26
request. If the Non-Party timely seeks a protective order, the Receiving Party shall not
27
produce any information in its possession or control that is subject to the
28
13
1
confidentiality agreement with the Non-Party before a determination by the court.
2
Absent a court order to the contrary, the Non-Party shall bear the burden and expense
3
of seeking protection in this court of its Protected Material.
4
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
5
6
Protected Material to any person or in any circumstance not authorized under this
7
Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
8
the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
9
all unauthorized copies of the Protected Material, (c) inform the person or persons to
10
whom unauthorized disclosures were made of all the terms of this Order, and (d)
11
request such person or persons to execute the “Acknowledgment and Agreement to Be
12
Bound” that is attached hereto as Exhibit A.
13
11.
14
PROTECTED MATERIAL
15
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
When a Producing Party gives notice to Receiving Parties that certain
16
inadvertently produced material is subject to a claim of privilege or other protection,
17
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
18
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
19
may be established in an e-discovery order that provides for production without prior
20
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
21
parties reach an agreement on the effect of disclosure of a communication or
22
information covered by the attorney-client privilege or work product protection, the
23
parties may incorporate their agreement in the stipulated protective order submitted to
24
the court.
25
12.
26
27
MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
28
14
12.2 Right to Assert Other Objections. By stipulating to the entry of this
1
2
Protective Order no Party waives any right it otherwise would have to object to
3
disclosing or producing any information or item on any ground not addressed in this
4
Stipulated Protective Order. Similarly, no Party waives any right to object on any
5
ground to use in evidence of any of the material covered by this Protective Order.
6
12.3 Filing Protected Material. A Party that seeks to file under seal any
7
Protected Material must comply with Civil Local Rule 79-5. Protected Material may
8
only be filed under seal pursuant to a court order authorizing the sealing of the specific
9
Protected Material at issue. If a Party's request to file Protected Material under seal is
10
denied by the court, then the Receiving Party may file the information in the public
11
record unless otherwise instructed by the court.
12
13.
FINAL DISPOSITION
13
After the final disposition of this Action, as defined in paragraph 4, within 60
14
days of a written request by the Designating Party, each Receiving Party must return
15
all Protected Material to the Producing Party or destroy such material. As used in this
16
subdivision, “all Protected Material” includes all copies, abstracts, compilations,
17
summaries, and any other format reproducing or capturing any of the Protected
18
Material. Whether the Protected Material is returned or destroyed, the Receiving Party
19
must submit a written certification to the Producing Party (and, if not the same person
20
or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
21
category, where appropriate) all the Protected Material that was returned or destroyed
22
and (2)affirms that the Receiving Party has not retained any copies, abstracts,
23
compilations, summaries or any other format reproducing or capturing any of the
24
Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
25
archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
26
legal memoranda, correspondence, deposition and trial exhibits, expert reports,
27
attorney work product, and consultant and expert work product, even if such materials
28
15
1
contain Protected Material. Any such archival copies that contain or constitute
2
Protected Material remain subject to this Protective Order as set forth in Section 4
3
(DURATION).
4
14.
5
measures including, without limitation, contempt proceedings and/or monetary
6
sanctions.
7
8
Any violation of this Order may be punished by any and all appropriate
IT IS SO STIPULATED.
Dated: February 26, 2016
9
BELINDA VEGA
GERARD FOX LAW P.C.
Counsel for Plaintiff Sketchy Studios, LLC and
Plaintiff Brian Rausch
10
11
12
13
14
15
16
/s/ BELINDA VEGA
Dated: February 26, 2016
/s/ BRUCE BERMAN
BRUCE BERMAN
GOODSTEIN & BERMAN, LLP
Counsel for Defendant Frame Rates, Inc. and
Defendants Blair and McDonald
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
17
18
DATED: July 7, 2016
19
20
21
22
_____________________________________
HON. ALICIA G. ROSENBERG
United States Magistrate Judge
23
24
25
26
27
28
16
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of
4
________________________________________ [print or type full address], declare
5
under penalty of perjury that I have read in its entirety and understand the Stipulated
6
Protective Order that was issued by the United States District Court for the Central
7
District of California on __________[date] in the consolidated cases of Sketchy
8
Studios, LLC v. Frame Rates, Inc., et al., Case No.: CV 15-2023 DSF (AGRx) and
9
Rausch v. Blair, et al., Case No.: CV 15-04212 DSF (AGRx). I agree to comply with
10
and to be bound by all the terms of this Stipulated Protective Order and I understand
11
and acknowledge that failure to so comply could expose me to sanctions and
12
punishment in the nature of contempt. I solemnly promise that I will not disclose in
13
any manner any information or item that is subject to this Stipulated Protective Order
14
to any person or entity except in strict compliance with the provisions of this Order.
15
I further agree to submit to the jurisdiction of the United States District Court for
16
the Central District of California for the purpose of enforcing the terms of this
17
Stipulated Protective Order, even if such enforcement proceedings occur after
18
termination of this action. I hereby appoint __________________________ [print or
19
type full name] of ______________________________________________________
20
[print or type full address and telephone number] as my California agent for service of
21
process in connection with this action or any proceedings related to enforcement of this
22
Stipulated Protective Order.
23
Date: ______________________________________
24
City and State where sworn and signed: ____________________________________
25
Printed name: _________________________
26
27
Signature: ____________________________
28
17
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?