Lavi Industries v. Visiontron Corp.

Filing 26

ORDER GOVERNING USE AND DISSEMINATION OF CONFIDENTIAL INFORMATION by Magistrate Judge Paul L. Abrams re Stipulation 24 . NOTE CHANGES MADE BY THE COURT. (ch)

NOTE: CHANGES MADE BY THE COURT

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RICHARD H. ZAITLEN (SBN 63283)
[e-mail]
JENNIFER A. SEIGLE (SBN 285670)
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5406
Telephone: [phone]
Facsimile No.: [phone]

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Attorneys for Plaintiff, LAVI INDUSTRIES

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LISA L. BOSWELL (SBN 190304)
[e-mail]
KATHERINE J. BRINSON (SBN 266091)
[e-mail]
WOOD, SMITH, HENNING & BERMAN LLP
10960 Wilshire Boulevard, 18th Floor
Los Angeles, California 90024-3804
Phone: [phone] ♦ Fax: [phone]

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Attorneys for Defendant, VISIONTRON CORP.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LAVI INDUSTRIES, a California
corporation,

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Plaintiff,
vs.
VISIONTRON CORP., a New York
corporation,
Defendant.

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Case No. 2:15-cv-03902 JLS (PLAx)
[Assigned to the Hon. Judge Josephine
L. Staton;
Assigned to Magistrate Judge Paul L.
Abrams]
ORDER GOVERNING USE AND
DISSEMINATION OF
CONFIDENTIAL INFORMATION
Complaint Filed: May 22, 2015
Trial Date: August 9, 2016

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Pursuant to the Stipulation to Entry of Order Governing Use and

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Dissemination of Confidential Information filed by Plaintiff Lavi Industries and

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Defendant Visiontron Corp., the Court hereby enters this Protective Order (the

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“Order”) to protect confidential information and material that may be produced or

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otherwise disclosed by the parties or third parties during the course of discovery in

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this case and in order to facilitate the exchange of information and documents that

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may be subject to confidentiality limitations on disclosure due to federal laws, state

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laws, and privacy rights

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IT IS HEREBY ORDERED that:
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No person subject to this Order may disclose information of any kind

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produced or disclosed in the course of discovery or settlement discussions in this

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action (hereinafter “Discovery Material”) which a Party has designated as

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“Confidential” or “Confidential Attorneys Eyes Only” (hereinafter “Confidential

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AEO”) pursuant to this Order to anyone else except as this Order expressly

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permits.

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2.

The Party or person producing or disclosing Discovery Material

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(hereinafter “Producing Party”) may designate as “Confidential” only the portion

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of such material that it reasonably and in good faith believes consists of:

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(a)

previously non-disclosed financial information (including

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without limitation profitability reports or estimates, percentage

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fees, royalty rates, minimum guarantee payments, sales reports,

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and sale margins);

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(b)

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control of any non-public company;
(c)

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previously non-disclosed material relating to ownership or
previously non-disclosed business plans, product- development
information, or marketing plans;

(d)

any information of a personal or intimate nature regarding any
individual;
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(e)

information related to previously non-disclosed and/or sensitive

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information regarding suppliers, manufacturers, or other entities

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with which either Party has business relations;

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(f)

any information that any Party reasonably and in good faith

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believes would give a direct competitor an unfair business

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advantage by virtue of disclosure of that information; or

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(g)

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any other category of information this Court subsequently
affords confidential status.

3.

A Producing Party may designate as “Confidential AEO” only the

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portion of Discovery Material that it reasonably and in good faith believes consists

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of highly sensitive and/or commercially competitive Discovery Material.

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4.

A Producing Party or its counsel may designate the confidential

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portion of any Discovery Material other than deposition transcripts and exhibits as

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“Confidential” or “Confidential AEO” by stamping or otherwise clearly marking

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as “Confidential” or “Confidential AEO” the protected portion in a manner that

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will not interfere with legibility or audibility.

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5.

A Producing Party or its counsel may designate deposition exhibits or

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portions of deposition transcripts as Confidential Discovery Material or

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Confidential AEO Discovery Material either by: (a) indicating on the record during

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the deposition that a question calls for Confidential or Confidential AEO

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information, in which case the reporter will bind the transcript of the designated

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testimony in a separate volume and mark it as “Confidential” or “Confidential

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AEO” and will indicate “Information Governed by Protective Order” or (b)

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notifying the reporter and all counsel of record, in writing, within this thirty (30)

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days after receiving a transcript of the deposition, of the specific pages and lines of

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the transcript that are to be designated “Confidential” or “Confidential AEO,” in

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which case all counsel receiving the transcript will be responsible for marking the

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copies of the designated transcript in their possession or under their control as
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directed by the Producing Party or that person’s counsel. During the thirty (30)

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day period following the Parties’ receipt of transcripts of the deposition, all Parties

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will treat the entire deposition transcript as if it had been designated

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“Confidential.”

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6.

If at any time before the trial of close of the discovery period in this

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action a Producing Party realizes that it should have designated as “Confidential”

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or “Confidential AEO” some portion or portion(s) of Discovery Material that it

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previously produced without limitation, the Producing Party may so designate such

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material by so apprising all prior recipients in writing. Thereafter, all persons

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subject to this Order will treat such designated portion(s) of the Discovery Material

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as “Confidential” or “Confidential AEO.”

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7.

Nothing contained in this Order will be construed as: (a) a waiver by a

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Party or person of its right to object to any discovery request; (b) a waiver of any

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privilege or protection; or (c) a ruling regarding the admissibility at trial of any

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document, testimony or other evidence.

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8.

Where a Producing Party has designated Discovery Material as

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"Confidential," other persons subject to this Order may disclose such information

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only to the following persons:

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(a)

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the Parties to this action, their insurers, and counsel to their
insurers;

(b)

counsel retained specifically for this action, including any

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paralegal, clerical, or other assistant that such outside counsel

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employs and assigns to this matter;

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(c)

outside vendors or service providers (such as copy service

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providers and document management consultants) that counsel

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hire and assign to this matter, provided such persons or entities

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have first been notified of this Confidentiality Agreement and

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Protective Order;
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(d)

any mediator or arbitrator that the Parties engage in this matter

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or that this Court appoints, provided such person has first

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executed a Nondisclosure Agreement;

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(e)

as to any document, its author, its addressee, and any other

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person indicated on the face of the document as having received

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a copy;

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(f)

any witness who counsel for a Party in good faith believes may

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be called to testify at trial or deposition in this action, provided

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such person has first executed a Nondisclosure Agreement;

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(g)

any person a Party retains to serve as an expert witness or to

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otherwise provide specialized advice to counsel or a Party in

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connection with this action and/or settlement of this action

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(through a potential business arrangement or otherwise),

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including but not limited to outside counsel, consultants,

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accountants and other financial professionals, provided such

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person has first executed a Nondisclosure Agreement;

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(h)

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conduct in this action; and

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(i)

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stenographers engaged to transcribe depositions the Parties
this Court, including any appellate court, its support personnel,
and court reporters.

9.

Where a Producing Party has designated Discovery Material as

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“Confidential AEO,” other persons subject to this Order may disclose such

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information only to the following persons:

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(a)

a Parties’ in-house or inside legal counsel;

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(b)

counsel retained specifically for this action, including any

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paralegal;
(c)

outside vendors or service providers (such as copy service
providers and document management consultants) that counsel
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hire and assign to this matter, provided such persons or entities

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have first been notified of this Confidentiality Agreement and

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Protective Order;

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(d)

any mediator or arbitrator that the Parties engage in this matter

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or that this Court appoints, provided such person has first

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executed a Nondisclosure Agreement;

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(e)

as to any document, its author, its addressee, and any other

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person indicated on the face of the document as having received

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a copy;

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(f)

any person a Party retains to serve as an expert witness or to

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otherwise provide specialized advice to counsel or a Party in

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connection with this action and/or settlement of this action

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(through a potential business arrangement or otherwise),

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including but not limited to outside counsel, consultants,

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accountants and other financial professionals, provided such

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person has first executed a Nondisclosure Agreement;

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(g)

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conduct in this action; and

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(h)

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stenographers engaged to transcribe depositions the Parties
this Court, including any appellate court, its support personnel,
and court reporters.

10.

Before disclosing any “Confidential” or “Confidential AEO”

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Discovery Material to any person referred to in subparagraphs 8(d), (f), or (g), or

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9(d) or (f), counsel must provide a copy of this Order to such person, who must

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sign the Nondisclosure Agreement attached hereto as Exhibit “A” stating that he or

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she has read this Order and agrees to be bound by its terms. Said counsel must

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retain each signed Nondisclosure Agreement, hold it in escrow, and produce it to

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opposing counsel either before such person is permitted to testify (at deposition or

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trial) or at the conclusion of the case, whichever comes first.
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11.

This Court retains discretion as to whether to afford confidential

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treatment to any Discovery Material designated as “Confidential” or “Confidential

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AEO” and submitted to the Court in connection with any motion, application, or

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proceeding that may result in an order and/or decision by the Court.

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12.

In filing “Confidential” or “Confidential AEO” Discovery Material

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with this Court, or filing portions of any pleadings, motions, or other papers that

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disclose such “Confidential” or “Confidential AEO” Discovery Material

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(“Confidential Court Submission”), the Parties shall publicly file a redacted copy

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of the Confidential Court Submission via the Electronic Case Filing System. The

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Parties shall file an unredacted copy of the Confidential Court Submission under

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seal with the Clerk of this Court. Such Confidential Court Submission shall be

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accompanied by an application to file the papers under seal, which application

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must demonstrate good cause for the under seal filing. The Parties shall serve this

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Court and opposing counsel with unredacted courtesy copies of the Confidential

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Court Submission.

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13.

Any Party who objects to any designation of confidentiality may at

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any time within the discovery period established by the District Judge to which this

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action is assigned, serve upon counsel for the Producing Party a written notice

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stating with particularity the grounds of the objection. If the Parties cannot reach

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agreement promptly, counsel for all affected Parties will address their dispute to

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this Court pursuant to the procedure set forth in Central District of California Local

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Rule 37.

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14.

Recipients of “Confidential” or “Confidential AEO” Discovery

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Material under this Order may use such material solely for the prosecution and

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defense of this action and any appeals thereto, and for the purpose of assessing

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settlement of this action, and not for any business, commercial, or competitive

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propose or in any other litigation proceeding. Nothing contained in this Order,

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however, will affect or restrict the rights of any Party with respect to its own
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documents or information produced in this action.
15.

Nothing in this Order will prevent any Party from producing any

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“Confidential” or “Confidential AEO” Discovery Material in its possession in

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response to a lawful subpoena or other compulsory process, or if required to

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produce it by law or by any government agency having jurisdiction, provided that

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such Party gives written notice to the Producing Party as soon as reasonably

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possible, and if permitted by the time allowed under the request, at least ten (10)

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days before any disclosure. Upon receiving such notice, the Producing Party will

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bear the burden to oppose compliance with the subpoena, other compulsory

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process, or other legal notice if the Producing Party deems it appropriate to do so.
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Each person who has access to Discovery Material designated as

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“Confidential” or “Confidential AEO” pursuant to this Order must take all due

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precautions to prevent the unauthorized or in advertent disclosure of such material.

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Within sixty (60) days of the final disposition of this action -including

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all appeals- all recipients of “Confidential” or “Confidential AEO” Discovery

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Material must either return the material – including all copies thereof-to the

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Producing Party, or, upon permission of the Producing Party, destroy such

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material-including all copies thereof, and provide evidence of such destruction to

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the Producing Party. In either event, by the sixty (60) day deadline, the recipient

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must certify its return or destruction by submitting a written certification to the

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Producing Party that affirms that it has not retained any copies, abstracts,

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compilations, summaries, or other forms of reproducing or capturing any of the

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“Confidential” or “Confidential AEO” Discovery Material. Notwithstanding this

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provision, the attorneys that the Parties have specifically retained for this action

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may retain an archival copy of all pleadings, motion papers, transcripts, expert

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reports, legal memoranda, correspondence, or attorney work product, even if such

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materials contain “Confidential” or “Confidential AEO” Discovery Material. Any

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such archival copies that contain or constitute “Confidential” or “Confidential
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AEO” Discovery Material remain subject to this Order.
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The Parties agree and acknowledge that The terms of this Order will

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continue throughout trial of this matter only if the District Judge finds

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compelling reasons to maintain specific information as confidential. and shall

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survive the termination of the litigation, notwithstanding the Court's lack of

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jurisdiction from the date of commencement of trial.

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19.

The Parties acknowledge that any disclosure or exchange of

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“Confidential” or “Confidential AEO” Discovery Material that has occurred prior

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to the date of entry of this Order is subject to this Agreement.

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20.

This Court will retain jurisdiction over all persons subject to this

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Order to the extent necessary to enforce any obligations arising hereunder or to

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impose sanctions for any contempt thereof.

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Good Cause being found, IT IS SO ORDERED.

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Dated: January 7, 2016

______________________________
Paul L. Abrams
United States Magistrate Judge

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Attachment “A”
NONDISCLOSURE AGREEMENT
I, ___________________________________, state that:

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1. My address is
__________________________________________________________
2. My present employer is
__________________________________________________________
3. My present occupation or job description is
__________________________________________________________
4. I have received a copy of the Protective Order entered in the case of Lavi
Industries v. Visiontron Corp., United States District Court – Central District of
California Case No. 2:15-cv-03902-JLS-PLAx.
5. I have read and understand the Order Governing Use and Dissemination
of Confidential Information (the “Order”). I hereby agree to comply with all of the
terms of the Order, including holding in confidence and not disclosing to any

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unqualified person all documents, things, or information designated

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“CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY.”

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6. I hereby expressly covenant that I will only use the documents, things, or

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information designated as “CONFIDENTIAL” or “CONFIDENTIAL

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ATTORNEYS EYES ONLY” in connection with the above-referenced litigation

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and that I will not use such documents, things, or information for any other
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purpose. Further, I expressly covenant that I will not use such documents, things,
or information for the benefit of myself or any other person or entity.

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7. Within sixty (60) days of notice by any Party that this litigation is over,
or that my involvement is no longer deemed necessary, I expressly covenant that I
will return all information and materials provided to me with the designation of

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“CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS EYES ONLY.” I will

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also provide a Declaration, submitted under penalty of perjury, which identifies by

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Bates Number, the information and materials that I am returning.
8. I hereby consent to the jurisdiction of the United States District Court –
Central District of California for the purpose of enforcing the Order and this
agreement to be bound thereby.

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Dated: __________________

___________________________
Signature

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___________________________
Print Name

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