Audigier Brand Management Group LLC v. Rhita Perez et al

Filing 36

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order 32 (see attached) (jm)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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AUDIGIER BRAND MANAGEMENT
GROUP, LLC, a California limited
liability company,

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Plaintiff,
v.
RHITA PEREZ a.k.a. RUTH PEREZ
a.k.a. RUTH KRAIF, an individual;
SERGE KRAIF, an individual; GILLES
DYAN a.k.a. GILLES DAYAN, an
individual; and DOES 1 THROUGH
20, inclusive,

Case No. 2:15-cv-07803-DDP(FFMx)
[Assigned to the Hon. Frederick F.
Mumm]
[PROPOSED] ORDER ADOPTING
STIPULATION AND
PROTECTIVE ORDER
[Filed Concurrently With Stipulation
and Protective Order]

Defendants.

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H U F F I N E C H U N G , A PC
2202 S. F I G U E R O A S T . #356
L O S A N G E L E S , C A 90007

[PROPOSED] ORDER

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Subject to approval of this Court, the parties to this action, through their

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counsel of record, have stipulated and agreed that an order under Federal Rule of

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Civil Procedure 26(c) is necessary and useful to protect the confidentiality of

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documents and other information obtained in the course of discovery in this case,

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and have stipulated and agreed to be bound by the terms of this Stipulation and

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Protective Order (“Protective Order”).

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The materials to be exchanged in the course of this litigation may contain

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confidential information, including but not limited to confidential and/or sensitive

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financial information that may be protected by federal or state privacy laws, trade

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secret or other confidential research, marketing, financial or other commercial

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information. The purpose of this Protective Order is to protect the confidentiality

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of such materials during the litigation.

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DEFINITIONS
1.

The term “Confidential Information” shall mean and include any

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information which has not been made public, regardless of the medium or manner

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in which it is generated, stored, maintained, or produced (including, among other

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things, testimony, transcripts, documents and other tangible things), which is

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deemed by a party to this case to constitute confidential and/or sensitive

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confidential information, including but not limited to trade secrets; proprietary or

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sensitive financial information, including but not limited to financial data, tax

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returns, bank statements, investments accounts, brokerage accounts, account

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numbers; sales; purchases; shipments; transfers; amount or source of any income;

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profits, losses or expenditures of any person, firm, partnership, corporation or other

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organization, the disclosure of which information may have the effect of causing

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harm to the competitive position of the person, firm, partnership, corporation, or

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organization from which the information was obtained.

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The term “Counsel” shall mean counsel of record, and other attorneys, paralegals,

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secretaries, and other support staff employed in the following law firms:

H UFFINE C HUNG , A PC
2202 S. F I G U E R O A S T . #356
L O S A N G E L E S , C A 90007

[PROPOSED] ORDER

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1. Huffine Chung, APC; Fickel & Davis; and Rowe Mullen LLP.
2.

The term “designating party” shall mean a party that designates

information as Confidential Information.
3.

Each party to this litigation may designate information as

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“CONFIDENTIAL” or “CONFIDENTIAL - FOR COUNSEL ONLY” if, in the

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good faith belief of such party and its Counsel, the materials fall within the

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Confidential Information definition herein and the disclosure of such information

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could be prejudicial to the business or operations of such party, or would violate

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court orders and/or confidentiality restrictions involving parties not involved in this

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litigation.

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4.

To designate as “CONFIDENTIAL” or “CONFIDENTIAL - FOR

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COUNSEL ONLY,” the producing party must mark each page of the document

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with the appropriate designation before producing it. However, for documents

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produced by another party or a non-party, or court transcripts, or any documents

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produced prior to entry of this Protective Order, a party can assert confidentiality

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through correspondence to all other parties that specifically identifies each

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document that will receive a confidentiality designation.

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5.

Deposition testimony and/or deposition exhibits shall be designated on

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the record during the deposition whenever possible. A party may also designate

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such testimony and exhibits after transcription of the proceedings; a party shall

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have until twenty (20) days after receipt of the deposition transcript to inform the

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other party or parties of the portions of the transcript so designated.

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6.

Designation of Confidential Information as “CONFIDENTIAL

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INFORMATION – SUBJECT TO PROTECTIVE ORDER,” “CONFIDENTIAL”

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or “CONFIDENTIAL - FOR COUNSEL ONLY” shall extend to all copies,

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excerpts, data, summaries, and compilations derived from such Confidential

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Information, as well as any testimony, conversations, or presentations by the parties

H UFFINE C HUNG , A PC
2202 S. F I G U E R O A S T . #356
L O S A N G E L E S , C A 90007

STIPULATION AND PROTECTIVE ORDER

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hereto or their counsel that discloses such Confidential Information.
7.

If a party, through inadvertence, produces any Confidential

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Information without designating it in accordance with this Protective Order, the

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designating party may give written notice to the receiving party[ies] that the

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information produced is deemed “CONFIDENTIAL INFORMATION –

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SUBJECT TO PROTECTIVE ORDER,” “CONFIDENTIAL” or

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“CONFIDENTIAL - FOR COUNSEL ONLY” and should be treated in accordance

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with that designation under this Protective Order. Upon receipt of such notice, the

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receiving party must treat the Confidential Information as designated hereunder. If

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the receiving party has already in good faith disclosed the information before

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receiving such notice, the receiving party shall have no liability for such good faith

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disclosure, but shall notify the designating party in writing of each such disclosure.

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Counsel for the parties shall agree on a mutually acceptable manner of labeling or

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marking the inadvertently produced materials as “CONFIDENTIAL

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INFORMATION – SUBJECT TO PROTECTIVE ORDER,” “CONFIDENTIAL”

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or “CONFIDENTIAL - FOR COUNSEL ONLY.”

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8.

All Confidential Information designated as “CONFIDENTIAL” or

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“CONFIDENTIAL - FOR COUNSEL ONLY” shall not be disclosed by the

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receiving party to anyone other than those persons designated herein and shall be

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used solely in connection with this litigation, and not for any other purpose,

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including any business or competitive purpose or function.

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9.

Information designated “CONFIDENTIAL - FOR COUNSEL ONLY”

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shall be viewed only by (a) Counsel; (b) outside experts or consultants retained for

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purposes of this litigation; (c) court reporters and videographers in connection with

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transcribing or recording a deposition or hearing; (d) the Court and its personnel;

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and (e) the jury.

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10.

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Information designated “CONFIDENTIAL” shall be viewed only by

those persons designated in paragraph 10 above, and by the parties (or employees

H UFFINE C HUNG , A PC
2202 S. F I G U E R O A S T . #356
L O S A N G E L E S , C A 90007

STIPULATION AND PROTECTIVE ORDER

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thereof), provided each such party or employee of a party has read this Protective

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Order in advance of disclosure and has agreed in writing, by executing an

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Acknowledgment in the form attached hereto as Exhibit “A,” to be bound by its

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terms. This requirement does not apply to the Court or court personnel.

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The right of any expert or consultant to receive any information

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designated “CONFIDENTIAL” or “CONFIDENTIAL - FOR COUNSEL ONLY”

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shall be conditioned on the expert’s prior execution of an Acknowledgment in the

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form attached hereto as Exhibit “A.” Notwithstanding the foregoing, any expert or

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consultant who works for a competitor of the producing party may not receive

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Confidential Information of that party.
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Nothing herein shall prohibit a party, or its counsel, from disclosing a

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document designated “CONFIDENTIAL” or “CONFIDENTIAL - FOR

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COUNSEL ONLY” to any person indicated on the face of the document to be its

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originator, author or recipient.

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13.

Each person receiving Confidential Information designated hereunder

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shall maintain it in a manner which ensures that access is limited to persons entitled

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to receive it under this Protective Order. If such Confidential Information is

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disclosed to any person other than a person authorized by this Protective Order, the

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party responsible for the unauthorized disclosure must immediately bring all

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pertinent facts relating to the unauthorized disclosure to the attention of the other

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parties and, without prejudice to any rights and remedies of the other parties, make

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every effort to prevent further disclosure by the party and by the person(s) receiving

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the unauthorized disclosure.

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14.

At any stage of these proceedings, any party may object to a

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designation of information as “CONFIDENTIAL INFORMATION,”

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“CONFIDENTIAL” or “CONFIDENTIAL - FOR COUNSEL ONLY.” The party

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objecting to confidentiality shall notify counsel for the designating party in writing

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of the objected-to materials and the grounds for the objection. The parties shall first

H UFFINE C HUNG , A PC
2202 S. F I G U E R O A S T . #356
L O S A N G E L E S , C A 90007

STIPULATION AND PROTECTIVE ORDER

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make a good faith effort to resolve the objection informally. If the dispute is not

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resolved within ten (10) business days of receipt of such a notice of objections, the

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objecting party may file a motion with the Court. Until the Court rules on the

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motion (or the matter is resolved between the parties), the materials at issue shall be

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treated as Confidential Information as designated by the designating party.

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15.

Any party seeking to file with the Court any documents or other

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evidentiary material designated as “CONFIDENTIAL INFORMATION,”

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“CONFIDENTIAL” or “CONFIDENTIAL - FOR COUNSEL ONLY” shall seek

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permission of the Court to file such documents or other material under seal in

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accordance with Local Rule 79-5.1. A motion to file under seal shall be served on

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all parties, and the documents or other materials in question shall be lodged with

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the Court conditionally under seal.

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16.

Nothing herein shall prejudice the right of any party to object to the

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production of any discovery material on the grounds permitted by the Federal Rules

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of Civil Procedure, including that the material is protected as attorney-client

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privileged or attorney work product.

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17.

Nothing herein shall be construed to prevent disclosure of Confidential

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Information designated hereunder if such disclosure is required by law or by order

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of the Court. In the event that such disclosure is required, the party or other person

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who is obligated to disclose shall promptly upon receipt of the order or other

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process requiring the disclosure notify in writing the party who designated the

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Confidential Information.

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18.

Upon final termination of this action, including any and all appeals,

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counsel for each party shall, upon request of the producing party, return all

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Confidential Information to the party that produced the information, including any

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copies, excerpts, and summaries thereof, or shall destroy same at the option of the

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receiving party, and shall purge all such information from all machine-readable

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media on which it resides. Notwithstanding the foregoing, Counsel for each party

H UFFINE C HUNG , A PC
2202 S. F I G U E R O A S T . #356
L O S A N G E L E S , C A 90007

STIPULATION AND PROTECTIVE ORDER

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may retain all pleadings, briefs, memoranda, motions, and other documents filed

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with the Court, as well as deposition transcripts and summaries of those transcripts

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that refer to or incorporate Confidential Information, and will continue to be bound

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by this Protective Order with respect to all such retained information. Further,

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attorney work product materials that contain Confidential Information need not be

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destroyed or returned, but, if they are not destroyed, the person in possession of the

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attorney work product will continue to be bound by this Protective Order with

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respect to all such retained information.
19.

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

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litigation that compels disclosure of any information or items designated in this

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Action as “CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification

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shall include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order

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to issue in the other litigation that some or all of the material covered by the
subpoena or order is subject to this Protective Order. Such notification shall include
a copy of this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be affected.

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If the Designating Party timely seeks a protective order, the Party served with
the subpoena or court order shall not produce any information designated in this

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action as “CONFIDENTIAL” before a determination by the court from which the

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subpoena or order issued, unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense of seeking

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protection in that court of its confidential material and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action

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to disobey a lawful directive from another court.

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H UFFINE C HUNG , A PC
2202 S. F I G U E R O A S T . #356
L O S A N G E L E S , C A 90007

STIPULATION AND PROTECTIVE ORDER

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20.

The restrictions and obligations set forth herein shall not apply to any

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information that: (a) the parties agree should not be designated Confidential

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Information; (b) is already public knowledge; (c) has become public knowledge

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other than as a result of disclosure by the receiving party, its employees, or its

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agents in violation of this Protective Order; or (d) has come or shall come into the

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receiving party’s knowledge lawfully and independently of the production by the

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designating party.

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21.

All provisions of this Protective Order shall survive the conclusion of

this action, and shall continue to be binding after the conclusion of this action

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unless subsequently modified by agreement of the parties or further order of this

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Court. For the purposes of enforcing this Protective Order and resolving any

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disputes thereunder, the Court retains jurisdiction over the parties and all persons

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provided access to Confidential Information under the terms of this Protective

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Order.

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22.

All persons bound by this Protective Order are hereby notified that if

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this Protective Order is violated in any manner, all persons and entities who commit

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such violations are subject to any and all monetary and other sanctions as the Court,

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after a hearing, deems to be just.

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23.

The Court may modify the terms and conditions of this Protective

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Order for good cause, or in the interest of justice, or on its own order at any time in

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these proceedings. Additionally, this Protective Order may be modified by

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agreement of the parties, subject to approval by the Court.

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The terms and provisions of this Protective Order, and designation of

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any Confidential Information hereunder, shall also apply to and bind any party who

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appears in this action subsequent to the entry of this Protective Order.

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25.

The terms and provisions of this Protective Order shall be binding on

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the parties as a confidentiality agreement regardless of whether the Court ultimately

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enters it as an Order.

H UFFINE C HUNG , A PC
2202 S. F I G U E R O A S T . #356
L O S A N G E L E S , C A 90007

STIPULATION AND PROTECTIVE ORDER

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Having considered the Stipulation and Protective Order, and with good cause

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appearing, the Court hereby adopts the parties’ Stipulation and Protective Order as

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the order of the Court in this matter.

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IT IS SO ORDERED.
Dated: August 19, 2016

/S/FREDERICK F. MUMM
Hon. Frederick F. Mumm
United States Magistrate Judge

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H UFFINE C HUNG , A PC
2202 S. F I G U E R O A S T . #356
L O S A N G E L E S , C A 90007

STIPULATION AND PROTECTIVE ORDER