Edmond E Aslan et al v. Ferrari North America, Inc. et al

Filing 44

PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal, re Stipulated Protective Order 43 . (mr)

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1 JAMES J. YUKEVICH(SBN 159896) ~~yu~kevich(a~yukelaw.com 2 CRISTINAIVI. CIMINELLI(SBN 206201) cciminelli yukelaw.com 3' JEFFREY . CALIGIURI(SBN 273908) ~ Jc~~a~~- i auri yukelaw.com 1 YUK~IC ~ CAVANAUGH 4 355 S. Grand Avenue,.l5th Floor Los Angeles, California 90071-1560 5 Telephone: 213 362-7777 6. Facsimile: 213 362-7788 71 Attorneys for Defendant FERRARI NORTH AMERICA,INC. 81 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA,WESTERN DIVISION 11 121, EDMOND E. ASLAN and EILEEN MICHAELIAN, 13 Plaintiffs, 14. vs. 15 FERRARI NORTH AMERICA,INC., a 16! Delaware cor~ poration, ZF TRW Automotive Holding Corporation a Michigan Corporation, and DOES 117 100, inclusive, 18 Defendants. 19 CASE NO. 2:16-cv-2574-AB(SSx) STIPULATED PROTECTIVE ORDER [Discovery Document: Referred to Magistrate Judge Suzanne H. Segal] 20 IT IS HEREBY STIPULATED by and between the undersigned parties, by 21 22 and through their respective counsel of record, as follows: 23 24 I• PURPOSES AND LIMITATIONS Discovery in this Action is likely to involve the production of confidential, 25 proprietary, or private information for which special protection from public 26 disclosure and from use for any purpose other than the prosecution or defense ofthis 27 litigation may be warranted. Accordingly, the Parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order (hereinafter, 2;16-CV-2574-AB(SSx) 1663351.1 / 72-5 l2 S'1IPULA`l'ED PKOT'ECTIVE ORDER 1 "Order"). 2 II. GOOD CAUSE 3 This Action is likely to involve trade secrets, customer lists, customer 4 communications, and other valuable research, development, commercial, financial, 5 technical, and/or proprietary information for which special protection from public 6 disclosure and from use for any purpose other than prosecution or defense of this 7 Action is warranted. Such confidential and proprietary materials and information S consist of, among other things, confidential business or financial information 9 (including information implicating the privacy rights ofthird parties), information 10 regarding the Parties' confidential business practices, and/or the Parties' confidential 11 research, development, design, manufacturing, and commercial information, which ~o $ Q 11 ~ Z 2 Q x S m a U ~ Q Z c U W ~° (7 N 12 is otherwise generally unavailable to the public, or which may be privileged or r r a a cv ;13 otherwise protected from disclosure under state or federal statutes, court rules, case n m ~4 cv m ., n U v a decisions, or common law. Accordingly, to expedite the flow of information v ~ :1S between the Parties, to facilitate the prompt resolution of disputes of the. v g ~ v a Q ~ ~ /_ Y ~ M . ° a } confidentiality of discovery materials, to adequately protect information that the 17~ Parties are entitled to keep confidential, to ensure the Parties are permitted 18 reasonable necessary uses of such material in preparation for and in the conduct of 19 trial, to address their handling at the end ofthe litigation, and to serve the ends of 20 justice, a protective order for such information is justified in this matter. It is the 21 intent of the Parties that information will not be designated as confidential for 22 tactical reasons and that nothing be so designated without a good faith belief that it 23 has been maintained in a confidential, non-public manner, and there is good cause 24 why it should not be part ofthe public record ofthis case. 25 III. DEFINITIONS 26 A. Action: the above-captioned litigation, Edmond E. Aslan and Eileen 27 ~ Michaelian v. Fe~raNi North America, Inc., et al., United States District Court, 28 Central District of California, Case No. 2:16-cv-2574-AB(SSx). 1663351.1 / 72-5 l2 2 STIPULATED PROTECTIVE ORDER 2:16-cv-2574-AB(SSx) 1 B. Challen~in~ Party: a Party or Nan-Party that challenges the 2 ~ designation of information or items under this Order. 3 C. "CONFIDENTIAL"Information or Items: information or tangible 4 things (regardless of how the information or things are generated, stored, or 5 maintained) that qualify far protection under Federal Rule of Civil Procedure 26(c), 6 ~ and as specified, supra, in the Good Cause Statement. 7 D. Counsel Counsel ofRecord and House Counsel, and their respective : 8 ~ support staffs. 9 E. Counsel of Record: attorneys who are not employees of a Paz-ty to this 10 Action but are retained to represent or advise a Party to this Action and have 11 appeared in this Action on behalf ofthat Party or axe at'filiated with a law firm z 12 which has appeared on behalf of that Party, and their respective support staffs. o ~ Q Z u ~ n r a a Q ~o~~l3 ~ > v N n •~ ~ r t. e U _;~ Q `" ~Q~ F. Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as S c e U c a v.~;~5 "CONFIDENTIAL." v c~ v a w Q M '~ N J F R G. Disclosure or Discovery Material: all items or information, regardless 17 ofthe medium or manner in which it is generated, stored, or maintained (including, 18 but not limited to, testimony, transcripts, and tangible things), that are produced or 19 generated in disclosures or responses to discovery in this Action. 20 H. Expert: a person with specialized knowledge or experience in a matter 21 pertinent to the litigation who has been retained by a Party or its Counsel to serve as 22 an expert witness or as a consultant in this Action. 23 I. House Counsel: attorneys who are employees of a Party to this Action, 24 House Counsel does not include Counsel of Record or any other outside counsel, 25 J. Non-Party: any natural person, partnership, corporation, association, 26 or other legal entity not named as a Party to this Action. 27 K. Party or Parties: any party or parties to this Action, including all of 28 their officers, directors, employees, consultants, retained experts, and Counsel of 2:16-cv-2574-AB(SSx) 1663351.1 / 72-512 STIPULATED PROTECTIVE ORDER 1 Record, and their respective support staff. 2 L. Producing Party: a Party or Non-Party that produces Disclosure or 3 Discovery Material in this Action. 4 M. Professional Vendors: persons or entities that provide litigation 5 support services (including photocopying, videotaping, translating, preparing 6 exhibits or demonstrations, and organizing, storing, or retrieving data in any form or 7 medium)and their employees and subcontractors. 81 N. Protected Material: any Disclosure or Discovery Material that is 9 designated as "CONFIDENTIAL." 10 O. Receiving Party: a Party that receives Disclosure or Discovery 11 ~ Material from a Producing Party. 12 IV. ~ o LL The protections conferred by this Order cover not only Protected Material (as Qxg~3 m N SCOPE n U j w"~4 defined above), but also (1)any information copied or extracted from Protected c, ~ ~ L :~5 Material;(2) all copies, excerpts, summaries, or compilations of Protected Material; Q C A U v t v 4 c~ ~, a v. ~ N ~~`~6 and(3)any testimony, conversations, or presentations by Parties or their Counsel w N a ~ m J ~ 1~ that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders ofthe 18 19 trial judge. This Order does not govern the use of Protected Material at trial. 20 1 V. DURATION 21 Even after the final disposition of this Action, the confidentiality obligations 22 imposed by this Order shall remain in effect until a Designating Party agrees 23 otherwise in writing or a court order otherwise directs. Final disposition shall be 24 deemed to be the later of(1)dismissal of all claims and defenses in this Action, with 25 or without prejudice; and (2)final judgment herein after the completion and 26 exhaustion of all appeals, rehearing, remands, trials, or reviews of this Action, 27 including tk~e time limits for filing any motions or applications for extension oftime 28 pursuant to applicable law. 1663351.] /72-512 4 STIPULATED PROTECTIVE ORDER 2:16-cv-2574-AB(SSx) 1 II VI. DESIGNATING PROTECTED MATERIAL 2 A. 3 Except as otherwise provided in this Order (see, e.g., second paragraph of Manner and Timing of Designation 4 ~~ Section VT(A)(1), infra), or as otherwise stipulated or ordered, Disclosure or 5 ~~ Discovery Material that qualifies for protection under this Order must be clearly so 6 ~~ designated before the material is disclosed or produced. 7 Designation in conformity with this Order requires: 1. 8 For information in documentary farm (e.g., paper or other 9 electronic documents, but excluding transcripts of depositions ar other pretrial or 10 trial proceedings), the Producing Party shall affix at a minimum, the legend 11 "CONFIDENTIAL" to each page that contains protected material. If only a portion z 12 or portions ofthe material on a page qualifies for protection, the Producing;Party ~' ~ o ~ ~ ~ a~ also must clearly identify the protected portions (e.g., by making appropriate Q~ N ~ N '~l > ~ ~S M M vwM~4 markings in the margins). ~'~A ~~ 4 2 c V c °' A Party or Non-Party that makes original documents available for inspection V '~° a"~ 2 .~ S C7 d a `~6 need not designate them for protection until after the inspecting Party has indicated Y v~ m N Q ~ ~ F 2 ~ W '~ 17 ~ which documents it would like copied and produced. During the inspection and 18 ~ before the designation, all ofthe material made available for inspection shall be 19 ~ deemed "CONFIDENTIAL." After the inspecting Party has identified the 20 ~ documents it wants copied and produced, the Producing Party must determine which 21 documents, or portions thereof, qualify for protection under this Order. Then, 22 II before producing the specified documents,the Producing Party must affix the legend 23 "CONFIDENTIAL" to each page that contains Protected Material. If only a portion 24 or portions of the material on a page qualifies for protection, the Producing Party 25 also must clearly identify the protected portions (e.g., by making appropriate 26 markings in the margins). For testimony given in depositions, the Designating Party shall 28 identify the Disclosure or Discovery Material on the record, before the close of the 2. 27 2:16-cv-2574-A B(SSx) 1663351.1 / 72-512 STIPULATED PROTECTIVE ORDER 11 ~ VIII. ACCESS TO AND USE OF PROTECTED MATERIAL Basic Principles 2 A. 3 A Receiving Party may use Protected Material that is disclosed or produced 4 by another Party or by a Non-Party in connection with this Action only for 5 prosecuting, defending, or attenripting to settle this Action. Such Protected Material 6 may be disclosed only to the categories of persons and under the conditions 7 described in this Order. When the Action has been terminated, a Receiving Party 8 must comply with the provisions of Section XIV, infra. 9 Protected Material must be stored and maintained by a Receiving Party at a 10 ~ location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. z B. ~3 Unless otherwise ordered by the Court or permitted in writing by the Q LL > ,; Q > Disclosure of ~~CONFIDENTIAL" Information or Items 12 ~' o ~ ~~ M M• or item ~ Q :tM~4 ~ Designating Party, a Receiving Party may disclose any information z v ~ v c~ ~ r ~~5 ~ designated as "CONFIDENTIAL" only to: a i > ~ m v ,`~ "~ a ~ X The Receiving Party's Counsel of Record in this Action, as well as 1. 16 Y ~- N N ~ J 1~ employees of said Counsel of Record to whom it is reasonably 181 necessary to disclose the information for this Action; 19 2. The officers, directors, and employees (including House Counsel) of 20 the Receiving Party to whom disclosure is reasonably necessary for this 21 Action; 22 3. Experts (as defined in this Order)of the Receiving Party to whom 23 disclosure is reasonably necessary for this Action and who have signed 24 the "Acknowledgement and Agreement to be Bound"(E~ibit A), 25 provided that no disclosure shall be made to any Expert who is (i) an 26 employee of a direct business competitor of the Designating Party; or 27 (ii} employed by a direct business competitor ofthe Designating Party 28 and who directly participates in design, manufacturing, marketing, ox ]663351,l / 72-512 ~ STIPULATED PROTECTIVE ORDER 2:16-cv-2574-AB(SSx) service activities of direct business competitors; 1 2 4. The Court and its personnel; 3 5. Court reporters and their staff; 4 6. Professional Vendors to whom disclosure is reasonably necessary for 5 this Action and who have signed the "Acknowledgement and 6 Agreement to be Bound"(E~ibit A); 7 7. The author or recipient of a document containing the information or a 8 custodian or other person who otherwise possessed or knew ofthe 9 information; and 10 8. Any mediator or settlement officer, and their supporting personnel, 11i mutually agreed upon by any of the Parties engaged in settlement 12 discussions. z ~' ~ o ~ Q lL ~ ~ o ~ 'i13 Q ~ N ~o M ~ Q ~ M ~4 v >:~~~ S ~ v c a ~ [ U r :~ S ova IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation > ~; ~ F R `~ a X16 that compels disclosure of any information or items designated in this Action as M } J 17 "CONFIDENTIAL" that Party must: 18 1. shall include a copy ofthe subpoena or court order; 19 20 Promptly notify in writing the Designating Party. Such notification 2. Promptly notify in writing the party who caused the subpoena or order 21 to issue in the other litigation that some or all of the material covered 22 by the subpoena ox order is subject to this Order. Such notification 23 shall include a copy ofthis Stipulated Protective Order; and 24 3. Cooperate with respect to all reasonable procedures sought to be 25 pursued by the Designating Party whose Protected Material may be 26 affected. If the Designating Party timely seeks a protective order, the Party served with 28 the subpoena or court order shall not produce any information designated in this 27 1663351 ,1 / 72-512 g STIPULATED PROTECTIVE ORDER 2:16-cv-2574-AB(SSx) 1 action as "CONFIDENTIAL" before a determination by the court from which the 2 subpoena or order issued, unless the Party has obtained the Designating Party's 3 permission. The Designating Party shall bear the burden and expense of seeking 4 protection in that court of its confidential material and nothing in these provisions 5 should be construed as authorizing or encouraging a Receiving Party in this Action 6 to disobey a lawful directive from another court. 7 X. ANON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE 8 PRODUCED IN THIS LITIGATION 9 The terms ofthis Order are applicable to information produced by a Non- 10 Party in this Action and designated as "CONFIDENTIAL." Such information 11 produced by Non-Parties in connection with this Action is protected by the remedies z ~' o 12 and relief provided by this Order, Nothing in these provisions should be construed ~ LL ~ Z ~ o ~~ Q ~ ;13 as prohibiting allon-Party from seeking additional protections. 41 ~ N N M n ~~. In the event that a Party is required, by a valid discovery request, to produce a ~~M~4 a T ~ c ~ L ~~5 Non-Party's confidential information in its possession, and the Party is subject to an ~ ~ c '' c~ ~ a w ~; Q F R Y ~ '~ M o ~6 I agreement with the Non-Party not to produce the Non-Party's confidential J 17 information, then the Party shall: 18 1. Promptly notify in writing the Requesting Party and the Non-Party that 19 some or all of the information requested is subject to a confidentiality 20 agreement with allon-Party; 21 2. Promptly provide the Non-Party with a copy of this Order, the relevant 22 discovery request(s), and reasonably specific description ofthe 23 information requested; and 24 3. Party, if requested. 2S 26 Make the information requested available for inspection by the Non- Ifthe Non-Party fails to seek a protective order from this Court within 27 II fourteen (14) days of receiving the notice and accompanying information, the 2g II Receiving Party may produce the Non-Party's confidential information responsive 1663351.1 / 72-512 9 PROTECTIVE ORDER STIPULATED 2:16-cv-2574-AB(SSx) 1 to the discovery request. If the Non-Party timely seelcs a protective order, the 2 Receiving Party shall not produce any information in its possession or control that is 3 subject to the confidentiality agreement with the Non-Party before a determination 4 by the Court. Absent a court order to the contrary, the Non-Party shall bear the 5 burden and expense of seeking protection in this Court of its Protected Material. 6 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 8 Protected Material to any person or in any circumstance not authorized under this 9 Order, the Receiving Party must immediately (a)notify in writing the Designating 10 Party ofthe unauthorized disclosures;(b)use its best efforts to retrieve all 11 unauthorized copies of Protected Material;(c)inform the person or persons to whom z 0 a ~. z= o Qr m m Q N ~ 12 unauthorized disclosures were made of all the terms of this Order; and (d)request 13 such person or persons to execute the "Acknowledgement and Agreement to be n te r,' ~ a v ~~~4 Bound"(E~ibit A). — a A S c U ~ Uj M U u m a y d s 15 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE a ~ a PROTECTED MATERIAL X16 J When a Producing Party gives notice to Receiving Parties that certain 18 inadvertently produced material is subject to a claim of privilege or other protection, 19 the obligations ofthe'Receiving Parties are those set forth in Federal Rule of Civil 17 20 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 21 procedure may be established in an e-discovery order that provides for production 22 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 23 (e), insofar as the Parties reach an agreement on the effect of disclosure of a 24 communication or information covered by the attorney-client privilege or work 25 product protection, the Parties may incorporate their agreement in the stipulated 26 protective order submitted to the Court. 27 /// 28 /// 2:16-cv-2574-AB(SSx) 1663351.1 / 72-512 STIPULATED PROTECTIVE ORDER ~i XIII. MISCELLANEOUS Right to Further Relief 2 A. 3 Nothing in this Order abridges the right of any person to seek its modification 4 by the Court in the future. Right to Assert Other Objections 5 B. 6 By stipulating to the entry of this Protective Order no Party waives any right 7 it otherwise would have to object to disclosing or producing any information or item 8 on any ground not addressed in this Order. Similarly, no Party waives any right to 9 object on any ground to use in evidence of any of the material covered by this 10 Order. Filing Protected Material 11 s a ~, ° o ~ Q 12 r C. A Party that seeks to file under seal any Protected Material must comply with a Q ~ s N 13 Central District of California Civil Local Rule 79-5. Protected Material may only be > v ~ M M U~~m~4 filed under seal pursuant to a court order authorizing the sealing ofthe specific _ Q v U V U e ~ g 75 Protected Material at issue. If a Party's request to file Protected Material under seal a >~ aF ; M J X16 is denied by the Court, then the Receiving Party may file the information in the '~ 17 public record unless otherwise instructed by the Court. 18 ~ XIV. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in Section V,supra, 20 within sixty(60)days of a written request by the Designating Party, each Receiving 21 Party must return all Protected Material to the Producing Party or destroy such 22 material. As used in this subdivision,"all Protected Material" includes all copies, 23 abstracts, compilations, summaries, and any other format reproducing or capturing 24 any of the Protected Material. Whether the Protected Material is returned or 25 destroyed,the Receiving Party must submit a written certification to the Producing 26 Party (and, if not the same person or entity, to the Designating Party) by the sixty 27 (60) day deadline that(1)identifies(by category, where appropriate) all the 28 Protected Material that was returned or destroyed, and (2) affirms that the Receiving 1663351.1 / 72-512 11 STIPULATED PROTECTIVE ORDER 2:16-cv-2s7~-AB(ssx) 1 Party has not retained any copies, abstracts, compilations, summaries, or any other 2 format reproducing or capturing any ofthe Protected Material. 3 XV. VIOLATION OF THIS ORDER 4 Any violation ofthis Order may be punished by any and all appropriate 5 measures including, without limitation, contempt proceedings or monetary 6 sanctions. 7 IT IS SO STIPULATED. ,2017 8 DATED: 9 YUKEVICH ~ CAVANAUGH ~~ `....~-~ 10 kevich M. Ciminelli r stina Jeffrey W. Caligiuri Attorneys for Defendant FERRARI NORTH AMERICA,INC. ~ 11 s ~' o ~ L 12 ~ LL Z ~o~~3 `'~ m a n U v '~ M ~M ~ ~ " :1~ .— a 'm ~ ~' 2 c V 2017 ~~ m c 01 ~r:35 DATED: March ~, a } Vj C F ~ ~ ~ ~ '~ m a DANIELS,FINE,ISRAEL, SCHONBUCH ~LEBOVI' `~6 J 17 I: 181 " ~fd~e Lebovits Ashl y ~L. Arnett Attorneys for Plaintiffs EDMOND E. ASLAN and EILEEN MICHAELIAN 1911 20 21 221 FOR GOOD CAUSE SHOWING,IT IS SO ORDERED. 23 I, 24 ~ DATED: MAY 18, 2017 251 /S/ 261 Hon. Suzanne H. Segal United States Magistrate Judge 27~ 28' 1663351.1 / 72-512 12 STIPULATED PROTECTIVE ORDER 2:16-CV-2574-AB(SSX) 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 ,individually and on behalf of my I, 4 declare under 5 agents and employers, 6 penalty of perjury that I have read in its entirety and understand the Stipulated 7 Protective Order that was issued by the United States District Court for the Central 8 ~ District of California in the case ofEdmond E. Allan and Eileen Michaelian v. 9 Ferrari Noah America, Inc., et al., United States District Court, Central District of 10 California, Case No. 2:16-cv-2574-AB(SSx). I hereby agree to comply with and to be bound by all the terms ofthis 11 z 12 Stipulated Protective Order. I understand and acknowledge that failure to so comply ~ o a u ~ r a ' Qxs~;l3 could expose me to sanctions and punishment from the United States District Court v v~M~4 for the Central District of California in the nature of contempt. I solemnly promise _'~~ ~~ a v ~ v~35 that I will not disclose in any manner, shape, or form any information or item that is ~ N n v q M l~~',' y U y 4 ~7 •' d m 4 strict 7N h Y ~ ~~~16 subject to this Stipulated Protective Order to any person or entity except in ~ r ~ J ~~ compliance with the provisions ofthis Order. I further agree to submit to the jurisdiction of the United States District Court 18 19 for the Central District of California for the purpose of enforcing the terms of this 20 Stipulated Protective Order, even if such enforcement proceedings occur after the 21 ~ termination of this action. I hereby appoint as my California agent for service of 22 lof 23 process in connection with this action or any proceedings related to the enforcement 24 i of this Stipulated Protective Order. 25 DATE: 26 CITY AND STATE: 27 PRINTED NAME: 28 SIGNATURE: 2:16-cv-2574-AB(SSx) 1663351.1 / 72-512 STIPULATED PROTECTIVE ORDER PROOF OF SERVICE 2 STATE OF CALIFORNIA,COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party.to this action. I am employed in the County of Los An eles, State of California. My 4 business address is 355 South Grand Avenue, Fi~eenth Floor, Los Angeles, CA 90071-1560. 5 On May 17, 2017,I served true copies of the following document s) 6 described as STIPULATED PROTECTIVE ORDER on the intereste parties in this action as follows: 7 SEE ATTACHED SERVICE LIST 8 BY CM/ECF for parties that are CM/ECF participants. Service is being made 9 electronically on.those parties on the attached list that are registered users of the Court's Electronic Case Filing System. 10 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I am employed in the office 11 of a member of the bar of this Court at whose direction the service was made. 12 Executed on May 17, 2017, at Los An eles, California. 13 3 0 I ~ m ~o N a = z~ 0 Q N a a a~ rc U W Q J Q IZ U U a Q ~ ~ W N ~L N ~ N ~ N m m 14 4 N enise M.LaCroix W z 0 x a W 1J 16 F m 17 10 19 20 21 22 23 24 25 26 27 28 1663351.1 / 72-512 2:16-cv-2574-AB Sx) (S STIPULATED PROTECTIVE ORDER

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