Donn Carper v. Tribune Media et al

Filing 42

PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal. In re Stipulation for Protective Order #41 . (Note changes made by the Court. See Order for details). (mkr)

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SEYFARTH SHAW LLP
Lorraine H. O’Hara (SBN 170153)
[e-mail]
Myra Villamor (SBN 232912)
[e-mail]
2029 Century Park East, Suite 3500
Los Angeles, California 90067-3021
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
TRIBUNE MEDIA COMPANY and KTLA, LLC
LAW OFFICES OF VICTOR L. GEORGE
Victor L. George (SBN 110504)
[e-mail]
Wayne C. Smith (SBN 122535)
[e-mail]
Elvis Tran (SBN 281620)
[e-mail]
20355 Hawthorne Boulevard, First Floor
Torrance, California 90503
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
DONN CARPER

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DONN CARPER,
Plaintiff,
v.
TRIBUNE MEDIA, a business form
unknown; KTLA, LLC, a business form
unknown; and DOES 1 through 100,
inclusive,

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Defendants.

Case No. 2:15-CV-04259-VAP (SSx)
[Hon. Virginia A. Phillips]
[PROPOSED] STIPULATED
PROTECTIVE ORDER

NOTE CHANGES MADE BY THE
COURT

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STIPULATED PROTECTIVE ORDER
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1.

A. PURPOSES AND LIMITATIONS
Plaintiff has requested certain financial and budgetary documents from KTLA,

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LLC, and is requesting that these documents be produced before a deposition

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scheduled for March 16, 2016. Due to the confidential, proprietary and private nature

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of these documents, the parties have agreed that special protection from public

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disclosure should be provided and that these documents shall not be used by Plaintiff

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for any purpose other than prosecuting this litigation. Accordingly, the parties hereby

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stipulate to and petition the Court to enter the following Stipulated Protective Order.

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The parties acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from public

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disclosure and use extends only to the limited information or items that are entitled to

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confidential treatment under the applicable legal principles. The parties further

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acknowledge, as set forth in Section 11.3, below, that this Stipulated Protective Order

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does not automatically entitle them to file confidential information under seal; Civil

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Local Rule 79-5 sets forth the procedures that a Party must follow and the standards

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that will be applied when a party seeks permission from the court to file material under

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seal. Plaintiff hereby agrees that should he wish to file these financial and budgetary

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documents with the Court, that he shall first seek permission to file them under seal

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and that he will comply with the procedures set forth in Civil Local Rule 79-5.

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B.

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Discovery in this action will include Defendant’s financial and proprietary

GOOD CAUSE STATEMENT

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information for which special protection from public disclosure and from use for any

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purpose other than prosecution of this action is warranted. Such confidential and

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proprietary materials and information consist of, among other things, confidential

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business or financial information, including operating budgets, financial planning

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documents, forecasts and related documents. Accordingly, to expedite the flow of

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information, to facilitate the prompt resolution of disputes over confidentiality of

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discovery materials, to adequately protect information the parties are entitled to keep
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STIPULATED PROTECTIVE ORDER
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confidential, to ensure that the parties are permitted reasonable necessary uses of such

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material in preparation for and in the conduct of trial, to address their handling at the

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end of the litigation, and serve the ends of justice, a protective order for such

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information is justified in this matter. It is the intent of the parties that information will

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not be designated as confidential for tactical reasons and that nothing be so designated

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without a good faith belief that it has been maintained in a confidential, non-public

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manner, and there is good cause why it should not be part of the public record of this

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case.

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2.

DEFINITIONS

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2.1.

Action: This pending federal law suit.

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2.2.

Challenging Party: a Party that challenges the designation of information

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or items under this Order.
2.3.

“CONFIDENTIAL -- Subject to Protective Order” Information or Items:

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information (regardless of how it is generated, stored or maintained) or tangible things

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that qualify for protection under Federal Rule of Civil Procedure 26(c), and as

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specified above in the Good Cause Statement.

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2.4.

Counsel: Outside Counsel of Record for the parties and House Counsel

(as well as their support staff).
2.5.

Designating Party: a Party that designates information or items that it

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produces in disclosures or in responses to discovery as “CONFIDENTIAL -- Subject

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to Protective Order.”

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2.6.

Disclosure or Discovery Material: all items or information, regardless of

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the medium or manner in which it is generated, stored, or maintained (including,

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

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generated in disclosures or responses to discovery in this matter.

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2.7.

Expert: a person with specialized knowledge or experience in a matter

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pertinent to the litigation who has been retained by a Party or its counsel to serve as an

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expert witness or as a consultant in this Action.
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STIPULATED PROTECTIVE ORDER
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2.8.

House Counsel: attorneys who are employees of a party to this Action.

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House Counsel does not include Outside Counsel of Record or any other outside

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counsel.

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2.9.

Outside Counsel of Record: attorneys who are not employees of a party to

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this Action but are retained to represent or advise a party to this Action and have

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appeared in this Action on behalf of that party or are affiliated with a law firm which

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has appeared on behalf of that party, and includes support staff.

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2.10. Party: any party to this Action, including all of its officers, directors,
employees, consultants, retained experts, and Outside Counsel of Record (and their
support staffs).

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2.11. Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.12. Professional Vendors: persons or entities that provide litigation support

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

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demonstrations, and organizing, storing, or retrieving data in any form or medium) and

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their employees and subcontractors.

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2.13. Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL -- Subject to Protective Order.”

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2.14. Receiving Party: a Party that receives Disclosure or Discovery Material

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from a Producing Party.

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3.

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SCOPE
The protections conferred by this Stipulation and Order cover not only Protected

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Material (as defined above), but also (1) any information copied or extracted from

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Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

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Material; and (3) any testimony, conversations, or presentations by Parties or their

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Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the trial
judge. This Order does not govern the use of Protected Material at trial.
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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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

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in writing or a court order otherwise directs, and subject to Local Rule 79-7. Final

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disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in

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this Action, with or without prejudice; and (2) final judgment herein after the

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completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this

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Action, including the time limits for filing any motions or applications for extension of

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time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1.

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party that designates information or items for protection under this Order must

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take care to limit any such designation to specific material that qualifies under the

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appropriate standards. The Designating Party must designate for protection only those

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parts of material, documents, items, or oral or written communications that qualify so

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that other portions of the material, documents, items, or communications for which

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

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber the case development process or to impose

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unnecessary expenses and burdens on other parties) may expose the Designating Party

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to sanctions.

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If it comes to a Designating Party’s attention that information or items that it

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2.

Manner and Timing of Designations. Except as otherwise provided in this

Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated

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STIPULATED PROTECTIVE ORDER
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or ordered, Disclosure or Discovery Material that qualifies for protection under this

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Order must be clearly so designated before the material is disclosed or produced.
Designation in conformity with this Order requires:

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(a)

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for information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix at a minimum, the legend

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“CONFIDENTIAL -- Subject to Protective Order” (hereinafter “CONFIDENTIAL

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legend”), to each page that contains protected material. If only a portion or portions of

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the material on a page qualifies for protection, the Producing Party also must clearly

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identify the protected portion(s) (e.g., by making appropriate markings in the margins).
(b)

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for testimony given in depositions that the Designating Party

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identify the Disclosure or Discovery Material on the record, before the close of the

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deposition all protected testimony.
(c)

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for information produced in some form other than documentary and

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for any other tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information is stored the legend

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“CONFIDENTIAL -- Subject to Protective Order.” If only a portion or portions of the

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information warrants protection, the Producing Party, to the extent practicable, shall

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identify the protected portion(s).

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5.3.

Inadvertent Failures to Designate. An inadvertent failure to designate

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qualified information or items does not, standing alone, waive the Designating Party’s

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right to secure protection under this Order for such material. Upon correction of a

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designation, the Receiving Party must make reasonable efforts to assure that the

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material is treated in accordance with the provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1.

Timing of Challenges. Any Party may challenge a designation of

confidentiality at any time that is consistent with the Court’s Scheduling Order.

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STIPULATED PROTECTIVE ORDER
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6.2.

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

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6.3.

The burden of persuasion in any such challenge proceeding shall be on the

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Designating Party. Frivolous challenges, and those made for an improper purpose

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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

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expose the Challenging Party to sanctions. Unless the Designating Party has waived or

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withdrawn the confidentiality designation, all parties shall continue to afford the

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

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Party’s designation until the Court rules on the challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1.

Basic Principles. A Receiving Party may use Protected Material that is

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disclosed or produced by another Party in connection with this Action only for

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prosecuting, defending, or attempting to settle this Action. Such Protected Material

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may be disclosed only to the categories of persons and under the conditions described

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in this Order. When the Action has been terminated, a Receiving Party must comply

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with the provisions of paragraph 12 below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a

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

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authorized under this Order.

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7.2.

Disclosure of “CONFIDENTIAL -- Subject to Protective Order”

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Information or Items. Unless otherwise ordered by the court or permitted in writing by

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

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designated “CONFIDENTIAL -- Subject to Protective Order” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this Action, as

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well as employees of said Outside Counsel of Record to whom it is reasonably

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necessary to disclose the information for this Action;

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(b)

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

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disclosure is reasonably necessary for this Action and who have signed the

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

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(c)

the court and its personnel;

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(d)

court reporters and their staff;

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(e)

professional jury or trial consultants, mock jurors, and Professional

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Vendors to whom disclosure is reasonably necessary for this Action and who have

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

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the author or recipient of a document containing the information or

a custodian or other person who otherwise possessed or knew the information;
(g)

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during their depositions, witnesses and attorneys for witnesses, in

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the Action to whom disclosure is reasonably necessary provided: (1) the deposing

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party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they

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will not be permitted to keep any confidential information unless they sign the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed

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by the Designating Party or ordered by the court. Pages of transcribed deposition

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testimony or exhibits to depositions that reveal Protected Material may be separately

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

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under this Stipulated Protective Order; and
(h)

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any mediator or settlement officer, and their supporting personnel,

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mutually agreed upon by any of the parties engaged in settlement discussions.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation that

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compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL -- Subject to Protective Order,” that Party must:

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(a)

promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;
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(b)

promptly notify in writing the party who caused the subpoena or

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order to issue in the other litigation that some or all of the material covered by the

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subpoena or order is subject to this Protective Order. Such notification shall include a

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copy of this Stipulated Protective Order; and
(c)

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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

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the subpoena or court order shall not produce any information designated in this action

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as “CONFIDENTIAL -- Subject to Protective Order” before a determination by the

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court from which the subpoena or order issued, unless the Party has obtained the

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Designating Party’s permission. The Designating Party shall bear the burden and

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expense of seeking protection in that court of its confidential material and nothing in

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these provisions should be construed as authorizing or encouraging a Receiving Party

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in this Action to disobey a lawful directive from another court.

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9.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

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Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

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the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

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all unauthorized copies of the Protected Material, (c) inform the person or persons to

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whom unauthorized disclosures were made of all the terms of this Order, and (d)

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request such person or persons to execute the “Acknowledgment and Agreement to Be

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Bound” that is attached hereto as Exhibit A.

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10.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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inadvertently produced material is subject to a claim of privilege or other protection,

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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

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may be established in an e-discovery order that provides for production without prior

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the

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parties may incorporate their agreement in the stipulated protective order submitted to

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the court.

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11.

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MISCELLANEOUS
11.1. Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the Court in the future.
11.2. Right to Assert Other Objections. By stipulating to the entry of this

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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 this

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

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

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11.3. Filing Protected Material. A Receiving Party that seeks to file any

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Protected Material with the court must first make a motion to file the Protected

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Material under seal and comply with the requirements of Civil Local Rule 79-5, unless

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the Designating Party consents in writing that the Receiving Party may file the

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Protected Material in the public record. A Designating Party may also seek to file

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Protected Material under seal by bringing a motion to file Protected Material under

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seal and complying with the requirements of Civil Local Rule 79-5. The parties

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understand that Protected Material may only be filed under seal pursuant to a court

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order authorizing the sealing of the specific Protected Material at issue. If a Party’s

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request to file Protected Material under seal is denied by the court, then the Party may

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file the information in the public record unless otherwise instructed by the court.

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12.

FINAL DISPOSITION

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After the final disposition of this Action, as defined in paragraph 4, within 60

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days of a written request by the Designating Party, each Receiving Party must return

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all Protected Material to the Producing Party or destroy such material. As used in this

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subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any of the Protected

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Material. Whether the Protected Material is returned or destroyed, the Receiving Party

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must submit a written certification to the Producing Party (and, if not the same person

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or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

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category, where appropriate) all the Protected Material that was returned or destroyed

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and (2) affirms that the Receiving Party has not retained any copies, abstracts,

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

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Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

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archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

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legal memoranda, correspondence, deposition and trial exhibits, expert reports,

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attorney work product, and consultant and expert 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 paragraph 4

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(DURATION).

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13.

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measures including, without limitation, contempt proceedings and/or monetary

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sanctions.

Any violation of this Order may be punished by any and all appropriate

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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STIPULATED PROTECTIVE ORDER
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DATED: March 11, 2016

LAW OFFICES OF VICTOR GEORGE

DATED: March 11, 2016

BY: /s/ Elvis Tran
Victor L. George
Wayne C. Smith
Elvis Tran
Attorneys for Plaintiff,
DONN CARPER
SEYFARTH SHAW

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BY: /s/ Lorraine H. O’Hara
Lorraine H. O’Hara
Myra Villamor
Attorneys for Defendants,
TRIBUNE MEDIA COMPANY and
KTLA, LLC

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: March 17, 2016

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/S/
Suzanne Segal
United States Magistrate Judge

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, ______________________________ [print or type full name], of

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_____________________________ [print or type full address], declare under penalty

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of perjury that I have read in its entirety and understand the Stipulated Protective Order

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that was issued by the United States District Court for the Central District of California

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on [date] in the case of DONN CARPER, Plaintiff, v. TRIBUNE MEDIA, a business

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form unknown; KTLA, LLC, a business form unknown; and DOES 1 through 100,

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inclusive, Defendants. U.S. District Court, Central District of California, Case No.

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2:15-CV-04259-VAP (SSx). I agree to comply with and to be bound by all the terms

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of this Stipulated Protective Order and I understand and acknowledge that failure to so

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comply could expose me to sanctions and punishment in the nature of contempt. I

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solemnly promise that I will not disclose in any manner any information or item that is

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subject to this Stipulated Protective Order to any person or entity except in strict

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compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for

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

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint ____________________________ [print

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or type full name] of _________________________________ [print or type 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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STIPULATED PROTECTIVE ORDER
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