Blumlux, LLC v. Roberto Coin S.p.A.

Filing 52

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order #43 (see attached) (jm)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12

BLUMLUX, LLC, an Indiana Limited
Liability Company,

vs.

[PROPOSED] ORDER
GRANTING PARTIES’
STIPULATION FOR
PROTECTIVE ORDER

ROBERTO COIN S.p.A., an Italian
Joint Stock Company,

Discovery Document:
Referred to Magistrate Judge
Hon. Frederick F. Mumm

Plaintiff,

13
14

Case No.: 15-cv-09418 CAS (FFMx)

15
16
17
18

Defendant.

19
20
21

AND RELATED COUNTERCLAIMS

22
23

Upon stipulation of the parties for a protection order pursuant to Fed. R. Civ. P.

24

26(c) governing the disclosure during pretrial discovery and the subsequent handling of

25

trade secret information, proprietary information, other confidential commercial,

26

financial or personal information, and documents containing any such information

27

(hereinafter collectively referred to as “CONFIDENTIAL INFORMATION”),

28

///

-1PROPOSED ORDER

1

IT IS HEREBY ORDERED THAT:

2

1.

INITIAL DESIGNATION.

3

1.1

Confidential Information. In connection with discovery in this action, the

4

parties may designate materials, including electronic files, documents, things, and

5

testimony, as “CONFIDENTIAL” and/or “CONFIDENTIAL-ATTORNEYS’ EYES

6

ONLY” (collectively hereinafter, “CONFIDENTIAL INFORMATION”) under the

7

terms of this Stipulated Protective Order (“Order”). Confidential Information is

8

information that has not been made public, is not publicly available or has not obtained

9

from other non-confidential sources, and which concerns or relates to the processes,

10

operations, type or work, or apparatus, or to the production, sales, shipments, purchases,

11

transfers, identification of customers and suppliers, inventories, blueprints, amount or

12

source of any income, profits, losses, or expenditures of any persons, firm, partnership,

13

corporation or other organization, the disclosure of which information may have the

14

effect of causing harm to the competitive position of the person, firm, partnership,

15

corporation or to the organization from which the information was obtained, and, to the

16

extent not already encompassed in the preceding definition, trade secrets as defined in

17

California Civil Code § 3426.1 and F.R.Civ.P. 26(c)(1)(G). Confidential-Attorneys’

18

Eyes Only information is Confidential Information that contains a person’s technical

19

trade secret, source code, business, financial, customer or other proprietary information

20

and that is more sensitive or strategically important than Confidential information, the

21

disclosure of which is likely to significantly harm that person’s business or competitive

22

position, or the disclosure of which would contravene an obligation of confidentiality to

23

a third person or to a court. By designating a document, thing, material, testimony or

24

other information derived therefrom as CONFIDENTIAL or CONFIDENTIAL-

25

ATTORNEYS’ EYES ONLY under the terms of this Order, the party making the

26

designation is certifying to the court that there is a good faith basis both in law and in

27

fact for the designation within the meaning of Federal Rules of Civil Procedure 26(g).

28

Material designated as CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS’ EYES

-2PROPOSED ORDER

1

ONLY under the Order, the information contained therein, and any documents derived

2

in whole or in part from material designated as CONFIDENTIAL INFORMATION

3

(“CONFIDENTIAL MATERIAL”) shall only be used for the prosecution, defense or

4

settlement of this action, and for no other purpose.

5

1.2

Produced Documents. A party producing documents that it believes

6

constitute or contain CONFIDENTIAL INFORMATION shall produce copies bearing a

7

label designating such material CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS’

8

EYES ONLY. As used herein, the term “documents” includes all writings or other

9

media on which information is recorded and other electronic files and tangible things

10

subject to production under the Federal Rules of Civil Procedure. Any and all

11

documents, information, or materials provided by a party for the purpose of settlement

12

discussion prior to the entry of this Order by the Court shall be deemed Confidential

13

Information unless otherwise designated; notwithstanding any other provisions of this

14

Order, no such documents, information, or materials may be disclosed, shared, or

15

otherwise used during any part of this case unless the documents, information or

16

materials are publicly available, obtainable from another, non-confidential source or

17

reproduced by the same providing party under this Order.

18

1.3

Interrogatory Answers. If a party answering an interrogatory believes in

19

good faith under the criteria set forth in Paragraph 1.1 above that its answer contains

20

CONFIDENTIAL INFORMATION, it shall set forth its answer in a separate document

21

that is produced and designated as CONFIDENTIAL or CONFIDENTIAL-

22

ATTORNEYS’ EYES ONLY in the same manner as a produced document under

23

subparagraph 1.2. The answers to interrogatories should make reference to the

24

separately produced document containing the answer, but such document should not be

25

attached to the interrogatories.

26

1.4

Inspections of Documents. In the event a party elects to produce files and

27

records for inspection and the requesting party elects to inspect them, no designation of

28

CONFIDENTIAL INFORMATION need be made in advance of the inspection. For

-3PROPOSED ORDER

1

purposes of such inspection, all materials produced shall be considered as

2

CONFIDENTIAL INFORMATION unless the Parties agree otherwise. If the inspecting

3

party selects specified documents to be copied, the producing party shall designate

4

CONFIDENTIAL INFORMATION in accordance with subparagraph 1.2 at the time the

5

copies are produced or within ten (10) days after the producing party is provided with

6

copies of said documents.

7

1.5

Deposition Transcripts. Portions of testimony taken at a deposition or

8

conference and any corresponding exhibits may be designated as CONFIDENTIAL or

9

CONFIDENTIAL–ATTORNEYS’ EYES ONLY by making a statement to that effect

10

on the record at the deposition or other proceeding. Arrangements shall be made with

11

the court reporter transcribing such proceeding to separately bind such portions of the

12

transcript containing information designated as CONFIDENTIAL or

13

CONFIDENTIAL–ATTORNEYS’ EYES ONLY and label such portions appropriately.

14

1.6

Multi-page Documents. A party may designate all pages of an integrated,

15

multi-page document, including a deposition transcript, interrogatory answers and

16

responses to document requests, as CONFIDENTIAL INFORMATION by placing the

17

label specified in subparagraph 1.2 on the first page of the document. If a party wishes

18

to designate only certain portions of an integrated, multi-page document as

19

CONFIDENTIAL INFORMATION, it should designate such portions immediately

20

below the label on the first page of the document and place the label specified in

21

subparagraph 1.2 on each page of the document containing CONFIDENTIAL

22

INFORMATION.

23

1.7

List. Within fourteen days after producing or designating

24

CONFIDENTIAL INFORMATION, the producing or designating party shall provide a

25

log identifying all such designated material. The log shall identify the documents or

26

other material either by Bates stamp number(s) or by a description sufficiently detailed

27

to make the document or material the basis for the claimed CONFIDENTIAL or

28

CONFIDENTIAL-ATTORNEYS’ EYES ONLY designation. The log shall state with

-4PROPOSED ORDER

1

specificity all the asserted basis which support the need to identify designated materials

2

as CONFIDENTIAL.

3

1.8

Attorneys’ Eyes Only Material. As stated above, the parties may

4

designate discovery material or testimony of a highly confidential and/or proprietary

5

nature as ATTORNEYS’ EYES ONLY or CONFIDENTIAL-ATTORNEYS’ EYES

6

ONLY (“Attorneys’ Eyes Only Material”), in the manner described in paragraph 1

7

above. Attorneys’ Eyes Only Material, and the information contained therein, may be

8

disclosed only to the following: (i) the Court, pursuant to paragraph 3.5 hereof; (ii)

9

mediators or arbitrators agreed upon by the parties; (iii) outside counsel for any party

10

(and their staff); or (v) other “qualified persons” listed in subparagraphs 3.1(b) through

11

(h) herein. Individuals within categories (iii) to (v) shall pre-agree to be bound by the

12

terms of the Protective Order. Attorneys’ Eyes Only Material shall not be disclosed to

13

any party or to any officer, in-house counsel, director or employee of any party unless

14

agreed in writing by the parties or ordered by the Court. ATTORNEYS’ EYES ONLY

15

and CONFIDENTIAL information shall collectively be referred to as Designated

16

Material.

17

1.9

Later Designations. A party may also designate information disclosed at a

18

deposition as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY by notifying all

19

parties in writing, within twenty-one (21) days of receipt of the transcript, of the specific

20

pages and lines designated as such. Each party shall attach a copy of such written

21

statement to the face of each transcript in its possession, custody or control. For twenty-

22

one (21) days after receipt of the transcript, depositions shall be treated as

23

ATTORNEYS’ EYES ONLY, but after that period any portions not designated as

24

CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY may be disclosed.

25

2.

DESIGNATIONS BY ANOTHER PARTY. For fourteen (14) days after

26

receipt of documents from a third party, the documents shall be treated as

27

ATTORNEYS’ EYES ONLY, but after that period any portions not designated as

28

CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY may be disclosed. If a third

-5PROPOSED ORDER

1

party produces documents that any party reasonably believes should be protected under

2

this Order, within fourteen (14) days of the production said party to this action shall

3

advise all counsel of its designation of such documents as CONFIDENTIAL and/or

4

ATTORNEYS’ EYES ONLY and shall affix the corresponding stamp on such

5

documents. The third party shall be served with a copy of this Order with the Subpoena

6

and such third party itself may designate documents or testimony as Confidential or

7

Attorneys’ Eyes Only as provided herein. All parties shall cooperate to effectuate

8

affixing the necessary stamp.

9

3.

HANDLING PRIOR TO TRIAL.

10

3.1

Authorized Disclosures. Discovery Material designated as

11

CONFIDENTIAL or information derived therefrom may be disclosed, shown, or made

12

available, or communicated in any way only to the following persons:

13
14
15
16
17

a.

The parties and employees of the parties, but only to the extent necessary to

participate in, assist in and monitor the progress of this action and for no other purpose;
b.

Qualified persons taking testimony involving Designated Material, and

necessary stenographic, videographic, and clerical personnel thereof;
c.

Consultants or experts and their staff who are employed for the purposes of

18

this litigation, provided that the provisions of Paragraph 3.3 of this Stipulation are

19

complied with prior to any disclosure of any Designated Material to such an expert or

20

consultant;

21
22
23

d.

The Court and the Court’s staff pursuant to Paragraph 3.5 of this

Stipulation;
e.

Attorneys for the parties to this litigation and/or the insurance carriers for

24

the parties to the litigation, including persons working solely in secretarial, clerical, and

25

paralegal capacities, and who are providing assistance to counsel in this action, and/or

26

claims representatives and/or claims adjustors, upon the condition that such Designated

27

Documents not be used in policy issuance determinations and be immediately destroyed

28

by the insurance carriers upon completion of the instant litigation;

-6PROPOSED ORDER

1

f.

Third-parties specifically retained to assist outside counsel in copying,

2

imaging, and/or coding of documents and/or providing graphic image production

3

services and/or trial preparation materials, provided that all such confidential documents

4

are kept and maintained in a separate and secure place and that the third party retained to

5

provide such services is not currently performing any such services, either as an

6

employee, consultant, or otherwise, for any competitor of either party to this action or

7

for one having any interest adverse to either party to this action;

8
9

g.

The author, addressees and recipients of the documents or any person who

would have had access to such information by virtue of his /her employment or

10

otherwise; and,

11

h.

Any other person as to whom the parties previously agree in writing.

12

Such disclosures are authorized only to the extent necessary to prosecute or defend this

13

litigation. There will be no disclosure of CONFIDENTIAL INFORMATION to any

14

person or entity who is a manufacturer or retail competitor (or an employee of a

15

manufacturer or retail competitor) of a party. There will be no disclosure of

16

CONFIDENTIAL INFORMATION to any distributor or supplier (or an employees of a

17

distributor or supplier) of a party unless within 14 days of written notice by the party

18

wishing disclosure, either the parties agree to the terms of disclosure or the party

19

objecting to a proposed disclosure files a motion objecting to disclosure and the court

20

orders otherwise.

21

3.2

AEO Disclosure. Material or documents designated as ATTORNEYS’

22

EYES ONLY may be shown to a “qualified person” listed in subparagraphs 3.1(b)

23

through (h).

24

3.3

Procedure. Except for persons described in Paragraph 3.1.d, 3.1.e or 3.1.f

25

of this Stipulation, all persons to whom Designated Material is disclosed or by whom

26

Designated Material is used, as set forth in Section 3.1, shall be informed of and agree to

27

be bound by the terms of this Stipulation and the Protective Order and shall take all

28

-7PROPOSED ORDER

1

necessary precautions to prevent any disclosure or use of Designated Material other than

2

as authorized by this Stipulation.

3

a.

Prior to disclosing Designated Material to any person, other than persons

4

described in Paragraph 3.1.d, 3.1.e or 3.1.f of this Stipulation, the disclosing party shall

5

obtain from such person a “Written Assurance” acknowledgement (Attachment “A”),

6

that such person has reviewed a copy of this Stipulation and any subsequent Protective

7

Order issued by the Court, will comply with their terms in all respects, and will submit

8

to the jurisdiction of this Court for adjudication of any dispute about whether such

9

person has complied with the terms of this Stipulation and any subsequent Protective

10

Order issued by the Court. In addition, prior to dissemination by a receiving party, or its

11

counsel of record, of any Designated Material to any person, other than persons

12

described in Paragraph 3.1.d, 3.1.e or 3.1.f of this Stipulation, the disseminating party

13

shall obtain and maintain a copy of this acknowledgement evidencing that such person

14

has executed the undertaking.

15

b.

Individuals who are authorized to review Designated Material pursuant to

16

this Stipulation shall hold the Designated Material and its contents in confidence and

17

shall not divulge the Designated Material or its contents, either verbally or in writing,

18

except as expressly permitted by this Stipulation, unless authorized to do so by a further

19

Order of this Court or as specifically required by law.

20

3.4

Unauthorized Disclosures. In the event of disclosure of material

21

designated as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY Material, other

22

than as authorized in this Order, counsel for the party responsible for the disclosure shall

23

notify all parties of all pertinent facts, and shall make every effort to prevent further

24

disclosure, including retrieving disclosed materials and copies of such materials and

25

having unauthorized persons to whom disclosure was made sign a “Written Assurance”

26

acknowledgement (Attachment “A”). Upon written stipulation, in accordance with

27

Local Rule 37, the Court may order such further and additional relief as it deems

28

necessary and just.

-8PROPOSED ORDER

1

3.5

Court Filings. The parties acknowledge the procedures for filing under

2

seal outlined by Local Rule 79-5.1. If Confidential Material, including any portion of a

3

deposition transcript designated as CONFIDENTIAL and/or ATTORNEYS’ EYES

4

ONLY is included in any of the papers to be filed with the Court, the Confidential

5

Material or any portions of the pleadings which contain Confidential Material shall be

6

labeled “Confidential – Subject to Court Order,” shall be lodged under seal, and shall be

7

accompanied by a written application and proposed order to file the Confidential

8

Material under seal to the judge to whom the papers are directed, until further order of

9

the Court. Each submission to be lodged under seal is to be filed on a document by

10

document basis, allowing the Court the opportunity to determine whether the standard

11

for filing material under seal has been satisfied. The proposed order shall address both

12

the sealing of the application and the order itself. The original and judge’s copy of the

13

document shall be sealed in separate envelopes with a copy of the title page attached to

14

the front of each envelope, with the authority for the under-seal filings, if authorized by

15

statute or rule, appearing on the title page of the proposed filing Applications and Orders

16

to Seal, along with the material to be placed under seal, shall not be electronically filed

17

but shall be filed manually in the manner prescribed by Local Rule 79-5. A Notice of

18

Manual Filing shall be electronically filed identifying materials being manually filed.

19

The parties agree that exhibits provided to any jury empanelled in this proceeding shall

20

be provided without the CONFIDENTIAL or ATTORNEYS’ EYES ONLY stamp.

21

4.

HANDLING DURING TRIAL. CONFIDENTIAL INFORMATION

22

and/or ATTORNEYS’ EYES ONLY which is subject to this order may be marked and

23

used as trial exhibits by either party, subject to terms and conditions as imposed by the

24

trial court upon application by the designating party.

25

5.

HANDLING AFTER TRIAL. This Order shall survive the final

26

termination of this action and shall protect all retained materials that have remained

27

confidential through final termination of the case. Upon final termination of this case,

28

counsel for the parties may each retain one copy of the pleadings, transcripts of any

-9PROPOSED ORDER

1

hearings or trials, transcripts of depositions, and exhibits from any hearings, trials or

2

depositions. Counsel shall destroy or assemble and return to each other materials

3

designated as confidential and all copies or summaries thereof.

4

6.

RESTRICTIONS. Nothing herein shall impose any restriction on the use

5

or disclosure by a party of material: (1) obtained lawfully by a party hereto other than

6

through discovery in this action, from a person who, to the best of such party’s

7

knowledge, was not at the time such materials were obtained by such party under a duty

8

(contractual or otherwise) to maintain such materials in confidence; (2) that is public

9

knowledge or became public knowledge after disclosure under this Order (other than

10

through an act or omission or a person receiving material under this Order).

11

7.

OTHER REQUESTS. The Order shall be without prejudice to the right of

12

any party: (i) to request re-designation of material as Confidential, Attorneys’ Eyes

13

Only, or neither, or both; (ii) upon written stipulation, in accordance with Local Rule 37,

14

to request the Court’s ruling on whether a document or information is Confidential or

15

Attorneys’ Eyes Only Material, or whether its use should be restricted; (iii) to present a

16

motion to the Court under FRCP 26(c) for a separate protective order as to any

17

document or information, including restrictions differing from those specified herein.

18

The Order shall not be deemed to prejudice the parties in any way in any future

19

application for modification of this Order.

20

8.

CUSTODY. Recipients of material under this Order shall maintain such

21

material secured and shall exercise the same standard of care with respect to storage,

22

custody, use and dissemination of the material as they exercise for their own proprietary

23

information, but in no event shall the standard be less than that of a reasonable person.

24

9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

25

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

26
27

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

28

///

-10PROPOSED ORDER

1
2

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

3

include a copy of the subpoena or court order;

4

(b) promptly notify in writing the party who caused the subpoena or order to issue in the

5

other litigation that some or all of the material covered by the subpoena or order is

6

subject to this Protective Order. Such notification shall include a copy of this Stipulated

7

Protective Order; and

8
9
10

(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the

11

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

12

“CONFIDENTIAL” before a determination by the court from which the subpoena or

13

order issued, unless the Party has obtained the Designating Party’s permission. The

14

Designating Party shall bear the burden and expense of seeking protection in that court

15

of its confidential material and nothing in these provisions should be construed as

16

authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive

17

from another court.

18

This order shall be binding on the parties when signed regardless of whether and

19

when this Court endorses this Order.

20

IT IS SO ORDERED.

21
22
23

DATED: August 19, 2016

By:

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

24
25
26
27
28

-11PROPOSED ORDER

1

EXHIBIT A
WRITTEN ASSURANCE

2
3

I, _______________________________________________ (print name), reside

4

at ___________________________________, in the City of ______________,

5

____________. I am employed by and/or affiliated with ___________________, with a

6

business address of ________________________________________, in the City of

7

______________, ____________. I have read and understand the Stipulated Protective

8

Order filed in the case of Blumlux, LLC. v. Roberto Coin S.p.A., United States District

9

Court Case 15-cv-09418 CAS (FFMx). I agree to comply with and be bound by the

10

provisions of the Stipulated Protective Order. I will not divulge Confidential Material

11

and/or Attorneys’ Eyes Only Material (as those terms are defined in the Stipulated

12

Protective Order) to persons other than those specifically authorized by the Stipulated

13

Protective Order. I will not copy or use, except solely for the purpose of this litigation,

14

any information protected by the Stipulated Protective Order except as expressly

15

permitted by the Court.

16
17

Executed at __________________, ___________________ (insert city and state),
this _____ day of _______________, 201__.

18
19
20
21

______________________________
Signature

22
23
24
25
26
27
28

-12PROPOSED ORDER