Mei Ma v. Convergent Outsourcing, Inc. et al

Filing 36

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Order on Motion for Protective Order 35 29 . ***** NOTE CHANGES MADE BY THE COURT. ***** SEE ORDER FOR DETAILS.***** (mp)

Case 2:1~-cv-04558-JAK

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~~,~~~A~Q~Y

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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~ Assigned to: Honorable John A.
~ Kronstadt

Plaintiff,

12
13

) CASE NO. 2:16-cv-4558

MEI MA,an individual,

v.
~
CONVERGENT OUTSOURCING,INC., a ~
Washington corporation; and DOES 1-10,
~
Defendant.
~

Referred to: Magistrate Judge
Alicia G. Rosenberg
DISCOVERY MATTER
~ROTEG`I'IV'E p(~D~1~

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- - ~

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2

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Date: May 23, 2017
Time: 10:00 a.m
~ Courtroom: B, 8~h Floor

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~ Complaint Filed: June 23, 2016

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~ ---

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P~~~'~ C@~a~~~ES I~~ADE BY THE C~i~~~T
Following consideration of defendant Convergent Outsourcing, Inc.'s

24 (
"Convergent") Motion for a Protective Order, plaintiff Mei Ma's opposition
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26

thereto, ~'^^~~~~~~-~`'~ ~~r~~, and all other pleadings filed in this matter, the Court
irt
~~~NTC (~`n.~.~~. ~~~ ~ ,~_~:,.~ ~Q~ ~ ~'~c~~e~t~`ze,-~~~er TIP ('rn fi3~he~- finds

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and orders the following:

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-1[PROPOSED] ORDER GRANTING DEFEI~~DANT CONVERGENT OUTSOURCING,1NC.`S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

Case 2:

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age 2 of 20 Page ID #:446

The Court finds that certain documents likely to be disclosed or produced

1
2

during the course of this litigation set forth confidential third party identifying and

3

financial information, and that good cause exists for entry of a Protective Order to

4

safeguard the confidentiality of that information. The Court further finds that

5

certain documents likely to be disclosed or produced during the course of this

6

litigation set forth Convergent's confidential, proprietary, trade secret, or otherwise

7

protectable commercial information and that good cause exists for entry of a

8

Protective Order to safeguard the confidentiality of that information. Accordingly,

9 the Court orders that all parties shall comply with the terms and conditions of the
10 following Protective Order:
11
12

PROTECTIVE ORDER
1.

PURPOSES AND LIMITATIONS
The Court finds that disclosure and discovery activity in this action are

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14

likely to involve production of confidential, proprietary, or private information for

15

which special protection from public disclosure and from use for any purpose other

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than prosecuting this litigation may be warranted. This Order does not confer

17

blanket protections on all disclosures or responses to discovery. Rather, the

18

protection the Order affords from public disclosure and use extends only to the

19

limited information or items that are entitled to confidential treatment under the

20

applicable legal principles. Further, as set forth in Section 12.3, below, this

21

Protective Order does not entitle defendant Convergent Outsourcing,Inc.

22 ("Convergent") or plaintiff Mei Ma (collectively, the "parties") to file confidential
23

information under seal; Civil Local Rule 79-5 sets forth the procedures that must

24

be followed and the standards that will be applied when a party seeks permission

25

from the court to file material under seal.

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///
-2[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING. INC.'S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

Case 2::

4558-JAk

R Document 29-8 Filed 04/03/17

1 1 1 2.

DEFINITIONS

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2.1

age 3 of 20 Page ID #:447

3
4

Challen~in~ Party: a Party that challenges the designation of

information or items under this Order.
2.2

"CONFIDENTIAL"Information or Items: information (regardless of

5

how it is generated, stored, or maintained) or tangible things that contain

6

proprietary business or personal information of a party (or of a third person whose

7 information the party is under a duty to maintain in confidence).
8

CONFIDENTIAL"Information or Items generally include materials used by the

9 Designating Party in or pertaining to its business, which matter is not generally
10 known and which the Designating Party would not normally reveal to third parties
11

or would cause third parties to maintain in confidence. Disclosure or Discovery

12

Material containing Confidential Information may be designated

13 "
CONFIDENTIAL."
14
15
16

2.3

Counsel (without aualifierl: Outside Counsel of Record and House

Counsel (as well as their support staff.
2.4

Desi ~nating Party_: a Party or Non-Party that designates information

17 or items that it produces in disclosures or in responses to discovery as
18 "
CONFIDENTIAL AND/OR ATTORNEYS'EYES ONLY."
19

2.5

Disclosure or Discovery Material: all items or information, such as

20

oral, written, documentary, testimony, tangible, intangible, electronic, or digitized,

21

now or hereafter, that are produced or generated in disclosures or responses to

22

discovery in this matter, including material or information produced by non-parties

23

ifthey so request.

24

2.6

Expert: a person with specialized knowledge or experience in a

25

matter pertinent to the litigation who:(1) has been retained by a Party or its

26

counsel to serve as an expert witness or as a consultant in this action;(2) is not a

27 past or current employee of a Party or of a Party's competitor, and (3) at the time
~g
-3[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING. INC'S MOT10N FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

Case 2:1

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of retention, is not anticipated to become an employee of a Pariy or of a Pariy's

2 competitor.
3

2
.7

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

4 House Counsel does not include Outside Counsel of Record or any other outside
5

counsel.
2
.8

6

Non-Party: any natural person, partnership, corporation, association,

7 or other legal entity not named as a Party to this action.
2
.9

8

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

9

party to this action but are retained to represent or advise a party to this action and

10

have appeared in this action on behalf of that party or are affiliated with a law firm

11

which has appeared on behalf of that party (presently, Law Offices of Scott

12

Warmuth for plaintiff Mei Ma and Gordon &Rees,LLP for defendant Convergent

13 ~ Outsourcing, Inc.).
2.10 Par : any party to this action, including all of its officers, directors,

14
15

employees, consultants, retained experts, and Outside Counsel of Record (and their

16

support staffs).
2.11 Producing party_: a Party or Non-Party that produces Disclosure or

17

18 Discovery Material in this action.
2
.12 Professional Vendors: persons or entities that provide litigation

19

20 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
21

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

22

and their employees and subcontractors.
2.13 Insurance Carrier Representative: the Receiving Party's insurance

23
24

carrier or carriers) and their counsel to the extent reasonably related to any actual

25

or potential coverage in connection with this litigation.

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-4[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING. 1NC.'S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

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2.14 Protected Material: any Disclosure or Discovery Material that is

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2 ~ designated as "CONFIDENTIAL AND/OR ATTORNEYS'EYES ONLY."
2.15 Receiving Party: a Party that receives Disclosure or Discovery

3

4 ~ Material from a Producing Party.
2.16 "ATTORNEYS'EYES ONLY"Information or Items: information

5

6 (
regardless of how generated, stored, or maintained) or tangible things that a
7 Designating Party believes in good faith to be extremely sensitive
8

CONFIDENTIAL information, disclosure of which to another Party or Non-Party

9

would create substantial risk of material economic harm to the Producing Party

10 that could not be avoided by less restrictive means. The parties agree that the
11

ATTORNEYS'EYES ONLY designation includes the following categories of

12

information, to the extent the criteria ofthe first sentence of this Section 2.16 are

13

met: (i) confidential business, marketing, or strategic plans, including business,

14

marketing, and technical information regarding future products; and (ii) trade

15

secrets (including as defined in Cal. Civ. Code § 3426.1) and highly confidential

16

and commercially sensitive technical information.

17 3.

SCOPE

18

The protections conferred by this Order cover not only Protected Material

19 ( defined above), but also (1) any information copied or extracted from Protected
as
2
0

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

21 ~, Material; and (3) any testimony, conversations, or presentations by Parties or their
22

Counsel that might reveal Protected Material. However, the protections conferred

23

by this Order do not cover the following information:(a) any information that is in

24

the public domain at the time of disclosure to a Receiving Party or becomes part of

25

the public domain after its disclosure to a Receiving Party as a result of publication

26

not involving a violation of this Order, including becoming part ofthe public

27

record through trial or otherwise; and (b) any information known to the Receiving

28 Party prior to the disclosure or obtained by the Receiving Party after the disclosure
-5[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING. INC.'S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

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Case 2:. -cv-04558-JAK ~

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f
rom a source who obtained the information lawfully and under no obligation of

2

confidentiality to the Designating Party. Any use ofProtected Material at trial shall

3

be governed by a separate agreement or order.

4 4.

DURATION

5

Even after final disposition of this litigation, the confidentiality obligations

6

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

7 otherwise in writing or a court order otherwise directs. Final disposition shall be
8

deemed to be the later of(1) dismissal of X11 claims and defenses in this action,

9

with or without prejudice; and (2)final judgment herein after the completion and

10

exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

11

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

12 time pursuant to applicable law.
13

5.

DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Desi~natin~ Material for Protection.

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5.1

15

Each Party or Non-Party that designates information or items for protection

16

under this Order must take care to limit any such designation to specific material

17

that qualifies under the appropriate standards. The Designating Party must

18

designate for protection only those parts of material, documents, items, or oral or

19

written communications that qualify — so that other portions of the material,

2
0

documents, items, or communications for which protection is not warranted are not

21

swept unjustifiably within the ambit of this Order.

22

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

23

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

24

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

25

5.2

Manner and Timing of Designations. Except as otherwise provided in

26

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

27

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

28
PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING. INC.'S ~-90TION FOR
[
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

Case 2:11 cv-04558-JAIL

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1 ~ under this Order must be clearly so designated before the material is disclosed or
2 ~ produced.
3
4

Designation in conformity with this Order requires:
( for information in documentar~f
a)

(e.g., paper or electronic

5

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

6

proceedings), that the Producing Party affix the legend "CONFIDENTIAL

7

AND/OR ATTORNEYS'EYES ONLY"to each page that contains protected

8

material. If only a portion or portions ofthe material on a page qualifies for

9 protection, the Producing Party also must clearly identify the protected portions)
10 (
e.g., by making appropriate markings in the margins).
11

A Party or Non-Party that makes original documents or materials available

12 ~ f inspection need not designate them for protection until after the inspecting
or
13 Party has indicated which material it would like copied and produced. During the
14

inspection and before the designation, all ofthe material made available for

15

inspection shall be deemed "CONFIDENTIAL AND/OR ATTORNEYS'EYES

16

ONLY." After the inspecting Party has identified the documents it wants copied

17

and produced, the Producing Party must determine which documents, or portions

18

thereof, qualify for protection under this Order. Then, before producing the

19 '~ specified documents, the Producing Party must affix the "CONFIDENTIAL
20

AND/OR ATTORNEYS'EYES ONLY" legend to each page that contains

21

Protected Material. If only a portion or portions of the material on a page qualifies

22 f protection, the Producing Party also must clearly identify the protected
or
23
~4
5
26
27
~g

portions)(e.g., by making appropriate markings in the margins).
( for testimony liven in depositi
b)
that the Designating Party identify on the record, before the close ofthe deposition,
hearing, or other proceeding, all protected testimony.
Deposition testimony may be treated as "CONFIDENTIAL AND/OR
ATTORNEYS' EYES ONLY" during the deposition, as the Designating Party
-7[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING. INC'S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

Case 2:

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may direct, and the transcript ofthe designated testimony shall be transcribed on

2 separate pages and so marked by the reporter. A Designating Party also may so
3

designate portions ofthe deposition after the transcription is produced and shall

4

have twenty (20) days after receipt of such deposition transcript to advise the

5

Receiving Party, in writing, of the portions of the deposition transcript that are to

6

be designated as "CONFIDENTIAL AND/OR ATTORNEYS' EYES ONLY"

7 after which period the right to make such designations shall be waived.
The Designating Party may exclude any person from a deposition, other than

8

9 those to whom Confidential Information may be disclosed pursuant to this Order.
10 Failure of such persons)to comply with the request hereunder shall constitute
11

substantial justification for counsel to advise the witness to refrain from answering

12 the question seeking to reveal Confidential Information.
(c) for information produced in some form other than documentary and for

13
14

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

15

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

16 the legend "CONFIDENTIAL AND/OR ATTORNEYS'EYES ONLY."If only a
17

portion or portions of the information or item warrant protection, the Producing

18

Party, to the extent practicable, shall identify the protected portion(s).

19

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

20 failure to designate qualified information or items does not, standing alone, waive
21

the Designating Party's right to secure protection under this Order for such

22

material. Upon timely correction of a designation, the Receiving Party must make

23

reasonable efforts to assure that the material is treated in accordance with the

24

provisions of this Order.

25

6.

26
27

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party may challenge a designation of

.
c~r~~;std- tom;~+~h. --I-~. Pry-~-r~a.~ 5shed c~c.~
a r+rr.rr~r~t ~hallPnrra t

confidentiality at any time. ITn~P~~

T>~--

~ 2g
'

b--h~~+b

T~----~
'

~+

,
-8[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURGNG,1NC.'S MOT10N FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

Case 2:~-cv-04558-JAk~

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age 9 of 20 Page ID #:453

R Document 29-8 Filed 04/03/17

~

r~

1 1'

~•

•

.
•

•~

t

1 ~I

3
4
5

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

6 resolution process by providing written notice of each designation it is challenging
7 and describing the basis for each challenge. To avoid ambiguity as to whether a
8

challenge has been made, the written notice must recite that the challenge to

9 confidentiality is being made in accordance with this specific paragraph ofthe
10 Protective Order. The parties shall attempt to resolve each challenge in good faith
11

and must begin the process by conferring directly (in voice to voice dialogue; other

12 f
orms of communication are not sufficient) within 14 days ofthe date of service of
13

notice. In conferring, the Challenging Party must explain the basis for its belief that

14 the confidentiality designation was not proper and must give the Designating Party
15

an opportunity to review the designated material, to reconsider the circumstances,

16

and, if no change in designation is offered, to explain the basis for the chosen

17 designation. A Challenging Party may proceed to the next stage ofthe challenge
18

process only if it has engaged in this meet and confer process first or establishes

19 that the Designating Party is unwilling to participate in the meet and confer process
20
21

in a timely manner.
6.3

Judicial Intervention. If the Parties cannot resolve a challenge without

22 court intervention, the~~~~~

Party may seek a Court Order -~ f

23

pursuant to the discovery dispute procedures set

'

24 f
orth in Central District of California Civil Local Rule

~u.~o~e,'e pror~d ores.

The burden of persuasion in any such challenge proceeding shall be on the
IrYlO+Ii6V15 or
26 Designating Party. Frivolous challenges, and those made for an improper purpose

~
1~~' 25

27 (
e.g., to harass or impose unnecessary expenses and burdens on other parties) may
28

expose the

Party to sanctions. I T.,.1_,.,, 4L.o Tlacirtn~tinn T~ortt~ 1~.~~— ~~~~~
-9-

[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING,1NC'S MO"1 lON FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-~1~58

Case :16-cv-04558-J~

1

MGR Document 29-8 Filed 04/03/_
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:454

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1x7'11 ~7Pl1 tf1P rnnfi~a,-,

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Page 10 of 20 Page ID

= l==, ~;1;-=,. ~.~, f;lo ~ mntinn to rata i.-~
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~11 parties shall continue to afford the material
3

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

4 Party's designation until the court rules on the s~,~.~~ .e.-5
6

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

7

disclosed or produced by another Party or by a Non-Party in connection with this

8

case only for prosecuting, defending, or attempting to settle this litigation. Such

9 Protected Material may be disclosed only to the categories of persons and under
10

the conditions described in this Order. When the litigation has been terminated, a

11

Receiving Party must comply with the provisions of section 13 below(FINAL

12

DISPOSITION).

13

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

14

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

15

authorized under this Order.

16

7.2

Disclosure of"CONFIDENTIAL"Information or Items. Unless

17

otherwise ordered by the court or permitted in writing by the Designating Party, a

18

Receiving Party may disclose any information or item designated

CONFIDENTIAL" only to:
19 "
20

( the Receiving Party's Outside Counsel of Record in this action, as well
a)

21

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

22

necessary to disclose the information for this litigation;

23

( the officers, directors, and employees (including House Counsel) ofthe
b)

24

Receiving Party to whom disclosure is reasonably necessary for this litigation, and

25

who have signed the Acknowledgment and Agreement to Be Bound by Protective

26

Order (Exhibit A);

27

( Experts (as defined in this Order) ofthe Receiving Party
c)

~g

who have signed the
-10[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING_ INC'S MOTION FOR
PROTECTI V E ORDF,R
CASE NU. 2:16-CV-458

/_-_

Case ~ :16-cv-04558-J~

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Page 11 of 20 Page ID

MGR Document 29-8 Filed 04/03/.
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Acknowledgment and Agreement to Be Bound by Protective Order (Exhibit A~

2
3

co

ly with the following pro ed es prior to disclosur
( Unless otherw~ e o dered by the cou or agreed to in writi
i)

4

Party, a

ty that s ks to disclose to an E

5

the Designati

6

i ormatio or item that has b

7

mus

8

f
o

e a written request

esignating Party t t:(1)sets

th

the ull name of the xpert and

( identifies th E
3)

10

ert any

designated CONFIDEN IAL first

e city and sta

rimary rest ence;(2) ttaches a copy o

9

by

of his or her

e Expe 's current resume;

ert's current employers , 4)identifies each
whom the Expert has r cei d compensation or

11

person or entity

12

f
unding for

13

has provi d professiona ervices, inc ding in connec ' n with a

14

litigati n, at any time durin

15

ide tifies (by name and numbe o the case, filing date, and loc ~ n

rk in hi or her areas of ex rtise or t whom the expert

he pre eding five years; and

court) any litigation in corm cti

16

with which the Expert

17

offere expert testimony, i

18

testimony t a depositio or trial, during

19

( A Party th
ii)

mak

uding th ough a declaratio ,report, or
e precedi

a request and provi s th

20

specified in the p ceding respective paragra

21

subject Protect

22

seven (7) b

23

written

24

must et forth in detail the grou

Ma rial to the identifie

five years.

nformation
may disclose the

xpe unless, within

mess days o delivering t e request, th Party rece~ es a

jection from the D igna ~ng Pariy. Any suc ob' coon
son which it is base .

( A Party that receives a t' ely
i'~

25

s

ritten objectio must m et and

26

confer with the Designat' g Party (thr ugh di ct voice to voi e

27

dialogLie) to try to re lve the matter by a Bement within seven 7)

~g

_,
"

bu mess da s of e written objectio

f no

reement is reached, he

[
PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING. INC°S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

/..

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Page 12 of 20 Page ID

1

Party seeking to make the disclosure to the Expert may file a

2

in ac

3

to do so. A

4

specificity, set fo

5

Expert is reasonably ne ssary, assess the r'

6

disclosure would entail, and

7

be used to reduce that risk. In add

8

accompanied by a competent eclaratio describing the parties'

9

efforts to resolve the ma

dance with the Local Rules seeking permission fro

tion
the court

such motion must describe the circums nces with
in detail the reasons why th

gest a

isclosure to the

of harm that the

additional means that could

n, any such motion must be

r by agreement (i.

the extent and the

d confer discussions) and

tting forth the

10

content ofthe meet

11

reasons advanc

12

the disclos e. In any such proceeding, the Party opposin disclosure

13

to the ~ Xpert shall bear the burden of proving that the risk o

14

t , the disclosure would entail (under the safeguards proposed)

15

outweighs the Receiving Party's need to disclose the Protected

16

Material to its Expert.

by the Designating Party for its re sal to approve

arm

17

(d) the court and its personnel;

18

(e) Court reporters and their staff and Professional Vendors (as defined in

19 this Order) to whom disclosure is reasonably necessary for this litigation;
20
21

(~ during their depositions, witnesses in the action to whom disclosure is
reasonably necessary and who have signed the Acknowledgment and Agreement to

22 Be Bound by Protective Order (Exhibit A), unless otherwise agreed by the
23

Desi~natin~ Partv or ordered by the Court. Pages of transcribed deposition

24 testimony or exhibits to depositions that reveal Protected Material must be
25

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

26

as permitted under this Protective Order.

27
28

(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
-12[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING,INC.'S MOT10N FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

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Page 13 of 20 Page ID

(h) A party's Insurance Carrier Representative (as defined in this Order) to

1
2

whom disclosure is reasonably necessary for this litigation and who have signed

3

the Acknowledgment and Agreement to Be Bound by Protective Order (Exhibit

4

A).

5
6

7.3

Disclosure of"ATTORNEYS' EYES ONLY"Information or Items.

Unless otherwise ordered by the court or permitted in writing by the Designating

7 Party, a Receiving Party may disclose any information or item designated
8 "ATTORNEYS'EYES ONLY" only to the court and its personnel, and to the
9

categories of persons identified in subparagraphs 2.6, 2.7, 2.9, 2.12, and 2.13,

10

subject to the execution ofthe Acknowledgment and Agreement to Be Bound by

11

Protective Order (Exhibit A)as required in Section 7.2 for the specified categories

12

of persons

13

.
~i~ ~„1„~.~,-2,.,,,.,~35 ~ 7(~l(;l (iiil ahrLP.

7.4

14

~

Copies of the "Acknowledgment and Agreement to be Bound" forms

a
may,v~t- ~vied b~-Nn~ Rcceav~vi.a
1

16

r quired under subp~aragraphs 7.2 and 7.3 shall be nr~rrl~~ CPY[7Pl1 n r~P _`
af+r~ ,
(,iv~a..55 o~u.r UnSe
0_.e_cl h~ C~9c,~.n~e~. or 19~f'Gl~f' 0l~.CeuJ~~.
p
~
and/.ter Tlo~,~„-,

17

8.

15

prnr~i~rinrr Party

b

G~~~,~`b~`~"'
,

U

PROTECTED MATERIAL SUBPOENAED OR ORDERED

18

PRODUCED IN OTHER LITIGATION

19

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

20

that compels disclosure of any information or items designated in this action as

21

"CONFIDENTIAL" and/or "ATTORNEYS'EYES ONLY" that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall

22
23

include a copy of the subpoena or court order;

24

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

25

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

26

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

27

of this Protective Order; and

28

///
-13[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING,1NC.'S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

Case :16-cv-04558-J~

Page 14 of 20 Page ID

(c) cooperate with respect to all reasonable procedures sought to be pursued

1
2

MGR Document 29-8 Filed 04/03/.
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:458

by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served

3
4

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

5

this action as "CONFIDENTIAL" and/or "ATTORNEYS'EYES ONLY" before a

6

determination by the court from which the subpoena or order issued, unless the

7 Party has obtained the Designating Party's permission. The Designating Party shall
8

bear the burden and expense of seeking protection in that court of its confidential

9

material —and nothing in these provisions should be construed as authorizing or

10 encouraging a party in this action to disobey a lawful directive from another court
11

or a lawful subpoena issued in another action.

12 9.

ANON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE

13

PRODUCED IN THIS LITIGATION

14

(a)

15

The terms of this Order are applicable to information produced by a

Non-Party in this action and designated as "CONFIDENTIAL" and/or

16 "ATTORNEYS'EYES ONLY." Such information produced by Non-Parties in
17 connection with this litigation is protected by the remedies and relief provided by
18

this Order. Nothing in these provisions should be construed as prohibiting a Non-

19 Party from seeking additional protections.
20
21

(b)

In the event that a Party is required, by a valid discovery request, to

produce allon-Party's confidential information in its possession, and the Party is

22 subject to an agreement with the Non-Party not to produce the Non-Party's
23

confidential information, then the Party shall:

24

(1)

promptly notify in writing the Requesting Party and the

25

Non-Party that some or all of the information requested is subject to a

26

confidentiality agreement with allon-Party;

27 ///
28 ///
-14[PROPOSED] ORDER GRAN'T1NG DEFENDANT CONVERGENT OUTSOURCING,INC.'S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV'
-4558

Case ; :16-cv-04558-J',

MGR Document 29-8 Filed 04/03/..
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:459

(
2)

1

Page 15 of 20 Page ID

promptly provide the Non-Party with a copy ofthe

2 Protective Order in this litigation, the relevant discovery request(s), and a
3

reasonably specific description ofthe information requested; and

4
5

(
3)

make the information requested available for inspection

by the Non-Party.

6

(
c)

If the Non-Party fails to object or seek a protective order from this

7

court within 14 days of receiving the notice and accompanying information, the

8

Receiving Party may produce the Non-Party's confidential information responsive

9 to the discovery request. If the Non-Party timely seeks a protective order, the
10 Receiving Party shall not produce any information in its possession or control that
11

is subject to the confidentiality agreement with the Non-Party before a

12

determination by the court.' Absent a court order to the contrary, the Non-Party

13

shall bear the burden and expense of seeking protection in this court of its

14 Protected Material.
15

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

16

If a Receiving Party learns that, by inadvertence or otherwise, it has

17

disclosed Protected Material to any person or in any circumstance not authorized

18

under this Protective Order, the Receiving Party must immediately (a) notify in

19

writing the Designating Party of the unauthorized disclosures,(b) use its best

20

efforts to retrieve all unauthorized copies ofthe Protected Material,(c) inform the

21 , person or persons to whom unauthorized disclosures were made of all the terms of
22

this Order, and (d) request such person or persons to execute the

23 "
Acknowledgment and Agreement to Be Bound" that is attached hereto as Exhibit
24
25 ///
26 ///
27
7$

The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a NonParty and to afford the Non-Party an opportunity to protect its confidentiality interests in this court.

-IS[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING. INC'S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

Case :16-cv-04558-J;

1

11.

MGR Document 29-8 Filed 04/03/_
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Page 16 of 20 Page ID

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2

PROTECTED MATERIAL

3

When a Producing Party and/or Designating Party gives notice to Receiving

4 Parties that certain inadvertently produced material is subject to a claim of
5

privilege or other protection, the obligations ofthe Receiving Parties are those set

6 forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended
7 to modify whatever procedure may be established in an e-discovery order that
8

provides for production without prior privilege review. Pursuant to Federal Rule of

9 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of
10

disclosure of a communication or information covered by the attorney-client

11

privilege or work product protection, the parties may incorporate their agreement

12 in the protective order entered by the court.
13

A Receiving Party who is requested to return inadvertently produced

14

material on the grounds of privilege may retain one copy of such material for the

15

sole purpose of challenging the assertion of privilege.

16

12.

MISCELLANEOUS

17
18

12.1 Right to Further Retie£ Nothing in this Order abridges the right of any
person to seek its modification by the court in the future. No modification by the

19 parties shall have the force or effect of a Court order unless the Court approves the
20
21

modification.
12.2 Right to Assert Other Objections. The parties do not waive any right

22 to object to disclosing or producing any information or item on any ground not
23

addressed in this Protective Order. Similarly, no Party waives any right to object

24

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

25

Order.

26

12.3 Filing Protected Material. Without a court order secured after

27

appropriate notice to all interested persons, a Party may not file in the public record

28

in this action any Protected Material. Protected Material may only be filed under
-16[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUI~SOURCING. INC'S MOT10N FOR
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CASE NO. 2:16-CV-4558

Case :16-cv-04558-J

aGR Document 29-8 Filed 04/03/.
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Page 17 of 20 Page ID

1

seal pursuant to a court order authorizing the sealing ofthe specific Protected

2

Material at issue. If a Receiving Party wishes to file under seal material from a

3 Producing Party, it must give the Producing Party and/or Designating Party the
4

opportunity to demonstrate to the Court why the information should be filed under

5

seal.
A Party that seeks to file under seal any Protected Material must comply

6
7

with Civil Local Rule 79-5; that is, if any papers to be filed with the Court contain

8 Protected Material, the proposed filing shall be accompanied by an application to
9 f the papers or the portion thereof containing the Protected Material (if such
ile
10

portion is segregable) under seal. The application shall be directed to the judge to

11

whom the papers are directed. For motions, the parties should also file a redacted

12

version ofthe motion and supporting papers. Pursuant to Civil Local Rule 79-5, a

13

sealing order will issue only upon a request establishing that the Protected Material

14

at issue is privileged, protectable as a trade secret, or otherwise entitled to

15

protection under the law.
If a Receiving Party's request to file Protected Material under seal pursuant

16

17 to Civil Local Rule 79-5 is denied by the court, then the Receiving Party may file
18

the information in the public record pursuant to Civil Local Rule 79-5 unless

19

otherwise instructed by the court.

20

1 3.

FINAL DISPOSITION

21

Within 60 days after the final disposition of this action, as defined in

22

paragraph 4, each Receiving Party must return all Protected Material to the

23 Producing Party and/or Designating Party, or destroy such material. As used in this
24

subdivision, "all Protected Material" includes all copies, abstracts, compilations,

25

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

2
6

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

27 Party must submit a written certification to the Producing Party (and, if not the
~g

same person or entity, to the Designating Party) by the 60 day deadline that(1)
-17[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING,iNC.'S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:]6-CV-4558

Case a :16-cv-04558-J',

1

aGR Document 29-8 Filed 04/03/_
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Page 18 of 20 Page ID

identifies (by category, where appropriate) all the Protected Material that was

2 returned or destroyed and (2) affirms that the Receiving Party has not retained any
3

copies, abstracts, compilations, summaries or any other format reproducing or

4

capturing any of the Protected Material.

5

Notwithstanding this provision, Counsel are entitled to retain an archival

6

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

7

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

8

work product, and consultant and expert work product, even if such materials

9 contain Protected Material. Any such archival copies that contain or constitute
10 Protected Material remain subject to this Protective Order as set forth in Section 4
11 (
DURATION).
12
13
14
15
16

1~
Is

IT IS SO ORDERED.
DATED: a► aoi~

I9
20

UNITED STATES MAGISTRATE 1 ~~

21
22
23
24
25
26
27
~g
- 18[PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOlRC1NG. INC'S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-4558

Case a':16-cv-04558-J.

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Page 19 of 20 Page ID

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY

3

PROTECTIVE ORDER

4
5

1.

or its counsel to review

I have been asked by

certain information, materials, and/or testimony that has/have been designated as

CONFIDENTIAL" and/or "ATTORNEYS'EYES ONLY" within the terms of
6 "
7 the Protective Order entered in the action entitled Mei Ma v. Convergent
8

Outsourcing, Inc., in the U.S. District Court, Central District of California, Case

9 No. 2:16-cv-04558-JAK-AGR.
10
11

2.

I agree to comply with and to be bound by all the terms of this

Protective Order, and I understand and acknowledge that failure to so comply

12 could expose me to sanctions and punishment in the nature of contempt of court. I
13

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

14 that is subject to the Protective Order to any person or entity except in strict
15
16

compliance with the provisions of this Order.
3.

I further agree to submit to the jurisdiction of the United States

17 District Court for the Central District of California for the purpose of enforcing the
18

terms of this Protective Order, even if such enforcement proceedings occur after

19 termination of this action.
2
0
21
22
23

Executed on

, 20

, at

[CITY AND

STATE].
Signature:
Printed Name:

24
25
2
6
27
28
1 121835 }2pg5703~~J
1 7'

[
PROPOSED] ORDER GRANTING DEFENDANT CONVERGENT OUTSOURCING.]NC.'S MOTION FOR
PROTECTIVE ORDER
CASE NO. 2:16-CV-x}558