Urban Textile, Inc. v. Stage Stores, Inc. et al

Filing 28

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm, re: Stipulation for Protective Order, 27 . (mz)

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C. YONG JEONG, ESQ. (SBN 255244)
JEONG & LIKENS, L.C.
1055 West 7th Street, Suite 2280
Los Angeles, CA 90017
Tel: [phone]
Fax: [phone]
Attorney for Plaintiff, URBAN TEXTILE, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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URBAN TEXTILE, INC., a California
Corporation;

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Plaintiff,
[PROPOSED] PROTECTIVE ORDER

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vs.

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SPECIALTY RETAILERS, INC., a
Texas Corporation; MARKEDWARDS APPAREL INC., a
Canadian Federal Corporation; and
DOES 1-20, inclusive,

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Case No.: 2:15-cv-3456-ODW(FFMx)

Hon. Frederick F. Mumm

Defendants.

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[PROPOSED] ORDER

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On stipulation of the Parties, the Court enters a Protective Order in this
matter as follows:

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1.

PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve

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production of confidential, proprietary, or private information for which special

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protection from public disclosure and from use for any purpose other than

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prosecuting this matter would be warranted.

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stipulated to and petitioned this Court to enter the following Stipulated Protective

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Order. The parties acknowledge that this Order does not confer blanket protections

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on all disclosures or responses to discovery and that the protection it affords

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extends only to the limited information or items that are entitled under the

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applicable legal principles to treatment as confidential. The parties have agreed

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that the terms of this Protective Order shall also apply to any future voluntary

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disclosures of confidential, proprietary, or private information. The parties reserve

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their rights to object to or withhold any information, including confidential,

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proprietary, or private information, on any other applicable grounds permitted by

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law, including third-party rights and relevancy.

Accordingly, the parties have

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2.

DEFINITIONS
2.1

Party: any party to this action, including all of its officers,

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directors, employees, consultants, retained experts, and outside counsel (and their

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support staff).

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2.2

Disclosure or Discovery Material: all items or information,

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regardless of the medium or manner generated, stored, or maintained (including,

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among other things, testimony, transcripts, or tangible things), that are produced or

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generated in disclosures or responses to discovery in this matter.

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[PROPOSED] ORDER

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2.3

“Confidential” and “Attorneys’ Eyes Only” Information or

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Items: All information in whatever form, such as oral, written, documentary,

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tangible, intangible, electronic, or digitized now or hereafter in existence that the

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designating Party in good faith believes contains, reflects, regards, or discloses any

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trade secret or any confidential financial, research, development, business, or

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proprietary information. Confidential information that is particularly sensitive,

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private, or competitively valuable may be designated “Highly Confidential.”

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Material from a Producing Party.

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2.6

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Producing Party: a Party or non-party that produces Disclosure

or Discovery Material in this action.
2.7

Designating Party:

a Party or non-party that designates

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information or items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

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2.8

Protected Material: any Disclosure or Discovery Material that

is designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
2.9

Expert: a person with specialized knowledge or experience in a

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matter pertinent to the litigation who has been retained by a Party or its counsel to

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serve as an expert witness or as a consultant in this action. This definition includes

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a professional jury or trial consultant retained in connection with this litigation.

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The expert witness or consultant may not be a past or a current employee of the

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Party (including any affiliates or related entities) adverse to the Party engaging the

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expert witness or consultant, or someone who at the time of retention is anticipated

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to become an employee of the Party (including any affiliates or related entities)

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adverse to the Party engaging the expert witness or consultant.

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2.10 Professional Vendors: persons or entities that provide litigation

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support services (e.g., photocopying; videotaping; translating; preparing exhibits or

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demonstrations; organizing, storing, or retrieving data in any form or medium; etc.)

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and their employees and subcontractors.
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[PROPOSED] ORDER

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also any information copied or extracted

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therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus

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testimony, conversations, or presentations by parties or counsel to or in litigation or

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in other settings that might reveal Protected Material.

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4.

DURATION

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Even after the termination of this action, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

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Exercise of Restraint and Care in Designating Material for

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Protection.

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protection under this Order must take care to limit any such designation to specific

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material that qualifies under the appropriate standards. A Designating Party must

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take care to designate for protection only those parts of material, documents, items,

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or oral or written communications that qualify – so that other portions of the

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material, documents, items, or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of this Order.

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Each Party or non-party that designates information or items for

5.2

Manner and Timing of Designations.

Except as otherwise

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provided in this Order (see, e.g., second paragraph of section 5.2(a), below), or as

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otherwise stipulated or ordered, material that qualifies for protection under this

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Order must be clearly so designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:
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[PROPOSED] ORDER

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(a)

for information in documentary form (apart from

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transcripts of depositions or other pretrial or trial proceedings), that the Producing

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Party affix the legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” at

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the top or bottom of each page that contains protected material.

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A Party or non-party that makes originals or copies of

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documents or materials available for inspection need not designate them for

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protection until after the inspecting Party has indicated which material it intends to

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copy. During the inspection and before the designation, all of the material made

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available for inspection shall be deemed “ATTORNEYS’ EYES ONLY.” After

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the inspecting Party has identified the documents it wants copied and produced, the

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Producing Party must designate, either in writing or on the record (at a deposition),

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which documents, or portions thereof, qualify for protection under this Order.

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Then the Receiving Party must affix the “CONFIDENTIAL” or “ATTORNEYS’

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EYES ONLY” legend at the top of each copied page that contains Protected

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Material. If only a portion or portions of the material on a page qualifies for

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protection, the Producing Party also must clearly identify the protected portion(s)

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(e.g., by making appropriate markings in the margins) and must specify, for each

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portion, the level of protection being asserted (either “CONFIDENTIAL” or

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“ATTORNEYS’ EYES ONLY”).

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(b)

for testimony given in deposition or in other pretrial or

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trial proceedings,FFM that the Party or non-party offering or sponsoring the

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testimony make a statement designating the material on the record during the

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course of the deposition. In making such a designation, counsel shall attempt to

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identify and designate in good faith those portions of the transcript and exhibits that

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contain CONFIDENTIAL or ATTORNEYS’ EYES ONLY information, and those

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portions of the transcript and exhibits so identified shall be separately marked and

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bound by the court reporter and labeled as containing CONFIDENTIAL or

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ATTORNEYS’ EYES ONLY information. In addition, within thirty (30) days after
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[PROPOSED] ORDER

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the court reporter notifies all counsel that a completed transcript is available, any

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counsel may designate all or part of any deposition transcript (and/or exhibits) as

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containing CONFIDENTIAL or ATTORNEYS’ EYES ONLY information by

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serving a notice designating such material on all other Parties. Such notice shall

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specify the particular portions of the transcript and any exhibits that counsel wishes

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to designate as containing CONFIDENTIAL or ATTORNEYS’ EYES ONLY

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information by listing on a separate sheet of paper the numbers of the pages of the

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transcript

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ATTORNEYS’ EYES ONLY information, so that the sheet may be affixed to the

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face of the transcript and each copy of the transcript. If no counsel designates any

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portion of a transcript as CONFIDENTIAL or ATTORNEYS’ EYES ONLY on the

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record during the course of the deposition, or within the thirty (30) day period after

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counsel receives notice that a completed transcript is available, the transcript shall

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be considered not to contain any CONFIDENTIAL or ATTORNEYS’ EYES

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ONLY information. Portions of a transcript (including exhibits) designated as

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CONFIDENTIAL or ATTORNEYS’ EYES ONLY information may only be

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disclosed in accordance with the terms of this Confidentiality Agreement and

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Stipulated Protective Order [Proposed].FFM

and

the

particular

exhibits

containing

CONFIDENTIAL

or

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(c)

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for information produced in some form other than

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documentary, and for any other tangible items, that the Producing Party affix in a

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prominent place on the exterior of the container or containers in which the

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information or item is stored the legend “CONFIDENTIAL” or “ATTORNEYS’

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EYES ONLY.” If only portions of the information or item warrant protection, the

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Producing Party, to the extent practicable, shall identify the protected portions,

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specifying whether they qualify as “CONFIDENTIAL” or as “ATTORNEYS’

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EYES ONLY.”

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[PROPOSED] ORDER

5.3

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Inadvertent Failures to Designate.

The inadvertent or

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unintentional disclosure of CONFIDENTIAL or ATTORNEYS’ EYES ONLY

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information without a CONFIDENTIAL or ATTORNEYS’ EYES ONLY

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designation shall not be deemed a waiver, either in whole or in part, of a Party's

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claim that the specific information disclosed, any related information, or any

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information on the same or a related subject matter is CONFIDENTIAL or

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ATTORNEYS’ EYES ONLY. Upon discovery of an inadvertent or unintentional

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disclosure of CONFIDENTIAL or ATTORNEYS’ EYES ONLY information,

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counsel for the Parties should, to the extent possible, cooperate to restore the

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confidentiality of any CONFIDENTIAL or ATTORNEYS’ EYES ONLY

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information that was inadvertently or unintentionally disclosed.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges.

Unless a prompt challenge to a

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Designating Party’s confidentiality designation is necessary to avoid foreseeable

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substantial unfairness, unnecessary economic burdens, or a later significant

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disruption or delay of the litigation, a Party does not waive its right to challenge a

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confidentiality designation by electing not to mount a challenge promptly after the

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original designation is disclosed.

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6.2

Meet and Confer. A Party that elects to initiate a challenge to a

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Designating Party’s confidentiality designation must do so in good faith and must

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begin the process by conferring with counsel for the Designating Party in writing.

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In conferring, the challenging Party must explain the basis for its belief that the

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confidentiality designation was not proper and must give the Designating Party an

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opportunity to review the designated material, to reconsider the circumstances, and,

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if no change in designation is offered, to explain the basis for the chosen

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designation. A challenging Party may proceed to the next stage of the challenge

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process only if it has engaged in this meet-and-confer process first.
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[PROPOSED] ORDER

6.3

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Court Intervention. A Party that elects to press a challenge to a

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confidentiality designation after considering the justification offered by the

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Designating Party may file and serve a motion that identifies the challenged

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material and sets forth in detail the basis for the challenge. Each such motion must

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be accompanied by a competent declaration that affirms that the movant has

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complied with the meet-and-confer requirements imposed in the preceding

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paragraph and that sets forth with specificity the justification for the confidentiality

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designation that was given by the Designating Party in the meet-and-confer

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dialogue.

The motion must be accompanied by a Joint Statement in

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compliance with Local Rule 37.FFM

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designation shall not create a presumption in favor of such confidentiality

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designation, and that the Court shall decide the issue as such.

The parties agree that a confidentiality

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Until the Court rules on the challenge, all parties shall continue to

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afford the material in question the level of protection to which it is entitled under

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the Producing Party’s designation.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles.

A Receiving Party may use Protected

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Material that is disclosed or produced by another Party or by a non-party in

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connection with this case only for prosecuting, defending, or attempting to settle

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this litigation. Such Protected Material may be disclosed only to the categories of

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persons and under the conditions described in this Order. When the litigation has

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been terminated, a Receiving Party must comply with the provisions of section 11,

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below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by a Receiving

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Party at a location and in a secure manner that ensures that access is limited to the

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persons authorized under this Order.

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[PROPOSED] ORDER

7.2

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Disclosure of “CONFIDENTIAL” Information or Items.

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Unless otherwise ordered by the Court or permitted in writing by the Designating

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Party, a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a)

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the Receiving Party’s outside counsel, as well as

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employees of said outside counsel to whom it is reasonably necessary to disclose

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the information for this litigation;
(b)

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Board members, officers and directors of the Receiving

(c)

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Other employees of the Receiving Party to whom

Party;

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disclosure is reasonably necessary for this litigation and who are bound by internal

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confidentiality obligations as part of their employment or who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(d)

Experts (as defined in this Order) of the Receiving Party

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to whom disclosure is reasonably necessary for this litigation and who have signed

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the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(e)

the Court personnel assigned to this litigation;

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(f)

court reporters, their staffs, and professional vendors to

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whom disclosure is reasonably necessary for this litigation and who have signed

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the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(g)

during their depositions, witnesses in the action to whom

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disclosure is reasonably necessary and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A). Pages of transcribed deposition testimony

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or exhibits to depositions that reveal Protected Material must be separately bound

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by the court reporter and may not be disclosed to anyone except as permitted under

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this Stipulated Protective Order; and
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[PROPOSED] ORDER

(h)

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the author of the document or the original source of the

information.
7.3

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Disclosure of “ATTORNEYS’ EYES ONLY” Information or

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Items. Unless otherwise ordered by the Court or permitted in writing by the

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Designating Party, a Receiving Party may disclose any information or item

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designated “ATTORNEYS’ EYES ONLY” only to:
(a)

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the Receiving Party’s outside counsel, as well as

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employees of said outside counsel to whom it is reasonably necessary to disclose

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the information for this litigation;
(b)

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Experts (as defined in this Order) of the Receiving Party

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to whom disclosure is reasonably necessary for this litigation and who have signed

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the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(c)

the Court personnel assigned to this litigation;

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(d)

court reporters, their staffs, and professional vendors to

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whom disclosure is reasonably necessary for this litigation and who have signed

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the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and
(e)

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the author of the document or the original source of the

information.

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8.

PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

PRODUCED IN OTHER LITIGATION

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If a Receiving Party is served with a subpoena or an order issued in other

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litigation that would compel disclosure of any Discovery Material, the Receiving

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Party must so notify the Designating Party, in writing immediately and in no event

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more than five business days after receiving the subpoena or order.

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notification must include a copy of the subpoena or court order. The Receiving

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Party also must immediately inform in writing the Party who caused the subpoena

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or order to issue in the other litigation that some or all of the material covered by
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[PROPOSED] ORDER

Such

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the subpoena or order is the subject of this Protective Order. In addition, the

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Receiving Party must deliver a copy of this Stipulated Protective Order promptly to

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the Party in the other action that caused the subpoena or order to issue.

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The purpose of imposing these duties is to alert the interested parties to the

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existence of this Protective Order and to afford the Designating Party in this case

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an

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opportunity to try to protect its confidentiality interests in the court from which the

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subpoena or order issued.

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9.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a Receiving Party learns that, by inadvertence or otherwise, it has

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)

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notify in writing the Designating Party of the unauthorized disclosures, (b) use its

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best efforts to retrieve all copies of the Protected Material, (c) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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and (d) request such person or persons to execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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10.

FILING PROTECTED MATERIAL

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Without written permission from the Designating Party, or a court order

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secured after appropriate notice to all interested persons, a Party may not file in the

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public record in this action any Protected Material. Protected Material may be filed

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under seal in accordance with the procedure specified in Local Rule 79-5.1, or such

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other procedure as may be ordered by the Court.

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11.

FINAL DISPOSITION
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[PROPOSED] ORDER

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Unless otherwise ordered or agreed to in writing by the Producing Party,

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within 60 days after the final termination of this action, each Receiving Party must

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return all Protected Material to the Producing Party or destroy the Protected

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Material. As used in this subdivision, “all Protected Material” includes all copies,

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abstracts, compilations, summaries or any other form of reproducing or capturing

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any of the Protected Material. Notwithstanding this provision, counsel are entitled

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to retain an archival copy of all pleadings, motion papers, transcripts, legal

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memoranda, correspondence or attorney work product, even if such materials

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contain Protected Material. Any such archival copies that contain or constitute

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Protected Material remain subject to this Protective Order as set forth in Section 4

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(DURATION), above.

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12.

12.1 Right to Further Relief. Nothing in this Order abridges the right

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MISCELLANEOUS

of any person to seek its modification in the future.

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12.2 Right to Assert Other Objections. By stipulating to the entry of

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this Protective Order no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in

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this Stipulated Protective Order. Similarly, no Party waives any right to object on

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any ground to use in evidence of any of the material covered by this Protective

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Order.

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12.3 Inadvertent Production of Privileged Documents. If a Party,

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through inadvertence, produces any document or information that it believes is

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immune from discovery pursuant to an attorney-client privilege, the work product

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privilege, or any other privilege, such production shall not be deemed a waiver of

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any privilege, and the Producing Party may give written notice to the Receiving

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Party that the document or information produced is deemed privileged and that

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return of the document or information is requested. Upon receipt of such notice,
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[PROPOSED] ORDER

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the Receiving Party shall immediately gather the original and all copies of the

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document or information of which the Receiving Party is aware, in addition to any

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abstracts, summaries, or descriptions thereof, and shall immediately return the

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original and all

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such copies to the Producing Party. Nothing stated herein shall preclude a Party

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from challenging an assertion by the other Party of privilege or confidentiality.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: January 21, 2016

By:

/S/
Honorable Frederick F. Mumm
U.S. Magistrate Judge

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[PROPOSED] ORDER

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, ________________________________________________ [print full

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name], of ____________________________________________________ [print

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full address], declare under penalty of perjury that I have read in its entirety and

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understand the Stipulated Protective Order that was issued by the United States

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District Court for the Central District of California in the case of Urban Textile,

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Inc. v. Specialty Retailers, Inc. et al., Case No. 2:15-cv-3456-ODW(FFMx). I agree

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to comply with and to be bound by all of the terms of this Stipulated Protective

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Order and I understand and acknowledge that failure to so comply could expose me

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to sanctions and punishment in the nature of contempt. I solemnly promise that I

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will not disclose in any manner any information or item that is subject to this

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Stipulated Protective Order to any person or entity except in strict compliance with

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the provisions of this Order.

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

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Court for the Central District of California for the purpose of enforcing the terms of

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this Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action.

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I hereby appoint _____________________________________ [print full

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name] of __________________________________________________ [print full

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address and telephone number] as my California agent for service of process in

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connection with this action or any proceedings related to enforcement of this

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Stipulated Protective Order.

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Date: _________________________________

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City and State where sworn and signed: _________________________________

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Printed name: ______________________________

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Signature: _________________________________
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[PROPOSED] ORDER