Sweet Micky, LLC v. Showtime Networks, Inc. et al

Filing 39

PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon re Stipulation for Protective Order 38 . (ib)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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) CASE NO.: 16-cv-05227 RGK (AFMx)
)
)
) STIPULATED PROTECTIVE
Plaintiff,
) ORDER1
v.
)
SHOWTIME NETWORKS, INC., )
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a Delaware corporation,
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SHOWTIME DIGITAL, INC., a
)
Delaware corporation, BEN
PATTERSON, an individual, and )
)
DOES 1 through 50, inclusive,
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)
Defendants.
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SWEET MICKY, LLC., a Florida
limited liability company,

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1.

A.

PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential,

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proprietary or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may

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This Stipulated Protective Order is based substantially on the model protective
order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures.
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STIPULATED PROTECTIVE ORDER

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be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

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enter the following Stipulated Protective Order. The parties acknowledge that this

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Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends

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

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under the applicable legal principles.

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B.

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This action involves claims for copyright infringement and is likely to

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involve commercial, financial, and/or proprietary information for which special

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protection from public disclosure and from use for any purpose other than

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prosecution of this action is warranted.

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materials and information consist of, among other things, confidential business or

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financial information related to the development, financing, production, principal

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photography, marketing, distribution, display, exhibition, exploitation, streaming

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and/or broadcast of the motion picture at issue in this action (i.e., Sweet Micky for

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President), information regarding confidential business practices, or other

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confidential research, development, or commercial information (including

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information implicating privacy rights of third parties), information otherwise

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generally unavailable to the public, or which may be privileged or otherwise

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protected from disclosure under state or federal statutes, court rules, case

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decisions, or common law. The parties recognize that discovery requesting the

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foregoing information from the parties, including development information,

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production information, financial information, market information and other

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commercially and competitively sensitive information may be necessary to prove

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and/or disprove Plaintiff’s and Defendants’ claims and defenses. Accordingly, to

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expedite the flow of information, to facilitate the prompt resolution of disputes

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over confidentiality of discovery materials, to adequately protect information the

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parties are entitled to keep confidential, to ensure that the parties are permitted

GOOD CAUSE STATEMENT

Such confidential and proprietary

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STIPULATED PROTECTIVE ORDER

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reasonable necessary uses of such material in preparation for and in the conduct of

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trial, to address their handling at the end of the litigation, and serve the ends of

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justice, a protective order for such information is justified in this matter. It is the

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intent of the parties that information will not be designated as confidential for

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tactical reasons and that nothing be so designated without a good faith belief that

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it has been maintained in a confidential, non-public manner, and there is good

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cause why it should not be part of the public record of this case.

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C.

ACKNOWLEDGMENT OF PROCEDURE FOR FILING
UNDER SEAL

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The parties further acknowledge, as set forth in Section 12.4, below, that

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this Stipulated Protective Order does not entitle them to file confidential

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

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

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from the court to file material under seal.

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There is a strong presumption that the public has a right of access to judicial

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proceedings and records in civil cases. In connection with non-dispositive

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motions, good cause must be shown to support a filing under seal. See Kamakana

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v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v.

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Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v.

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Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated

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protective orders require good cause showing), and a specific showing of good

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cause or compelling reasons with proper evidentiary support and legal

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justification, must be made with respect to Protected Material that a party seeks to

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file under seal. The parties’ mere designation of Disclosure or Discovery Material

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as CONFIDENTIAL does not— without the submission of competent evidence by

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declaration, establishing that the material sought to be filed under seal qualifies as

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confidential, privileged, or otherwise protectable—constitute good cause. Further,

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if a party requests sealing related to a dispositive motion or trial, then compelling
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STIPULATED PROTECTIVE ORDER

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reasons, not only good cause, for the sealing must be shown, and the relief sought

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shall be narrowly tailored to serve the specific interest to be protected. See Pintos

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v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item

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or type of information, document, or thing sought to be filed or introduced under

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seal in connection with a dispositive motion or trial, the party seeking protection

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must articulate compelling reasons, supported by specific facts and legal

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justification, for the requested sealing order.

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supporting the application to file documents under seal must be provided by

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declaration. Any document that is not confidential, privileged, or otherwise

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protectable in its entirety will not be filed under seal if the confidential portions

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can be redacted.

Again, competent evidence

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If documents can be redacted, then a redacted version for public viewing,

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omitting only the confidential, privileged, or otherwise protectable portions of the

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document, shall be filed. Any application that seeks to file documents under seal

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in their entirety should include an explanation of why redaction is not feasible.

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2.

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DEFINITIONS
2.1

Action: This pending federal lawsuit, namely Sweet Micky, LLC v.

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Showtime Networks, Inc., et al, United States District Court, Central District of

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California, Case No. 16-cv-05227 RGK (AFMx).

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2.2

Challenging Party: a Party or Non-Party that challenges the

designation of information or items under this Order.
2.3

“CONFIDENTIAL”

and

“HIGHLY

CONFIDENTIAL-

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ATTORNEYS’ EYES ONLY” Information or Items: information (regardless of

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

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protection under Federal Rule of Civil Procedure 26(c), and as specified above in

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the Good Cause Statement.

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2.4

Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).
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STIPULATED PROTECTIVE ORDER

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2.5

Designating Party: a Party or Non-Party that designates information

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or items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL.”

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2.6

Disclosure or Discovery Material: all items or information, regardless

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

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(including, among other things, testimony, transcripts, and tangible things), that

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are produced or generated in disclosures or responses to discovery in this matter.

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2.7

Expert: a person with specialized knowledge or experience in a

matter pertinent to the litigation who has been retained by a Party or its counsel to
serve as an expert witness or as a consultant in this Action.
2.8

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

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Action and such attorneys’ legal department staff that actively support this Action.

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

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counsel.

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2.9

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

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

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

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

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and have appeared in this Action on behalf of that party or are affiliated with a law

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

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2.11 Party: any party to this Action, including all of its officers, directors,

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

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their support staffs).

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

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2.13 Professional Vendors: persons or entities that provide litigation

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

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STIPULATED PROTECTIVE ORDER

1

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

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medium) and their employees and subcontractors.
2.14 Protected Material: any Disclosure or Discovery Material that is

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designated

as

“CONFIDENTIAL”

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or

“HIGHLY

CONFIDENTIAL-

ATTORNEYS’ EYES ONLY.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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extracted from Protected Material; (2) all copies, excerpts, summaries, or

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the trial

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judge. This Order does not govern the use of Protected Material at trial.

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4.

CONTINUATION OF PROTECTION AFTER DISPOSITION

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Once a case proceeds to trial, information that was designated as

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CONFIDENTIAL or maintained pursuant to this protective order used or

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introduced as an exhibit at trial becomes public and will be presumptively

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available to all members of the public, including the press, unless compelling

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reasons supported by specific factual findings to proceed otherwise are made to

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the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81

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(distinguishing “good cause” showing for sealing documents produced in

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discovery from “compelling reasons” standard when merits-related documents are

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part of court record). Accordingly, the terms of this protective order do not extend

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beyond the commencement of the trial. If, however, the case does not proceed to

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trial, then the termination of the Action shall not relieve the Parties from the

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obligation of maintaining the confidentiality of all Protected Material produced
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STIPULATED PROTECTIVE ORDER

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and designated pursuant to this Stipulated Protective Order, unless the Court

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orders or the Parties agree otherwise.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for

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Protection. Each Party or Non-Party that designates information or items for

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

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material that qualifies under the appropriate standards. The Designating Party

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

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oral or written communications that qualify so that other portions of the material,

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

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swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

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impose unnecessary expenses and burdens on other parties) may expose the

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Designating Party to sanctions.

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

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

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must promptly notify all other Parties that it is withdrawing the inapplicable

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designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided

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

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stipulated or ordered, Disclosure or Discovery Material that qualifies for

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protection under this Order must be clearly so designated before the material is

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disclosed or produced.

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Designation in conformity with this Order requires:

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(a)

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

documents, but excluding transcripts of depositions or other pretrial or trial
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STIPULATED PROTECTIVE ORDER

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

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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY

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CONFIDENTIAL-ATTORNEYS’ EYES ONLY” (hereinafter the “HIGHLY

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CONFIDENTIAL legend”), to each page that contains protected material. If only

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a portion of the material on a page qualifies for protection, the Producing Party

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also must clearly identify the protected portion(s) (e.g., by making appropriate

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markings in the margins).

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

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inspection need not designate them for protection until after the inspecting Party

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has indicated which documents it would like copied and produced. During the

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

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inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has

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identified the documents it wants copied and produced, the Producing Party must

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determine which documents, or portions thereof, qualify for protection under this

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Order. Then, before producing the specified documents, the Producing Party must

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affix the “CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL legend” to

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each page that contains Protected Material. If only a portion of the material on a

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page qualifies for protection, the Producing Party also must clearly identify the

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

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(b)

for testimony given in depositions that the Designating Party

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

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the deposition all protected testimony.

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authorizing the de-designation or public disclosure of any deposition or portion

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thereof

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ATTORNEYS’ EYES ONLY”, the Parties shall not disclose, disseminate, post on

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the internet or otherwise release or provide any portion of any deposition directly

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or indirectly to the media, including without limitation all of the following: news

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outlets, journalists, media organizations, newspapers, periodicals, magazines,

designated

“CONFIDENTIAL”

In the absence of any court order
or

“HIGHLY

CONFIDENTIAL-

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STIPULATED PROTECTIVE ORDER

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publishers, publications, television stations, radio stations, tabloids, internet

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service providers, databases, blogs, internet social networks (e.g., Twitter,

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Facebook, MySpace, etc.), podcasts, publishers, publishers, databases, internet

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publications, and any other person or enterprise involved in the print, wire,

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internet or electronic media (all collectively the “Media”).

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In the absence of any court order authorizing de-designation or public

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disclosure, any direct or indirect disclosure of any deposition, or any portion or

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the content thereof, to the Media would constitute violation of this Order.

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Counsel for the Parties shall take appropriate steps to prevent any portions of the

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transcripts or visual (non-print) versions of such depositions, or any portion or the

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content thereof, from being disclosed to the Media;

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For the avoidance of any doubt, the videos of depositions taken in this

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action (hereinafter “Video” or “Videos”) shall not be disseminated, disclosed or

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provided to the Media or any Non-Party under any circumstances whatsoever,

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except as otherwise expressly permitted in this Protective Order or as authorized

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by a court order;

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In

the

case

of

each

Video

of

any

deposition,

the

notation

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“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall be affixed to

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the outside of each original and copy of the medium or its container so as to

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clearly give notice of the designation. In addition, each container for the Videos

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shall have affixed to its exterior the following prominent and conspicuous legend:

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“THIS

VIDEO

CONTAINS

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INFORMATION SUBJECT TO A PROTECTIVE ORDER.

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UNAUTHORIZED

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DISCLOSURE OF ANY PART OF THIS TRANSCRIPT OR

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ANY OF ITS CONTENTS IS A VIOLATION COURT

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ORDER, A COPY OF WHICH IS CONTAINED HEREIN.”

ACCESS

TO,

CONFIDENTIAL
USE

OF,

OR

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STIPULATED PROTECTIVE ORDER

(c)

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for information produced in some form other than documentary and

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

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

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legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS

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EYES ONLY.”

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protection, the Producing Party, to the extent practicable, shall identify the

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protected portion(s).
5.3

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If only a portion or portions of the information warrants

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

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provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a

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designation of confidentiality at any time that is consistent with the Court’s

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Scheduling Order.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37-1 et seq.
6.3

Joint Stipulation. Any challenge submitted to the Court shall be via a

joint stipulation pursuant to Local Rule 37-2.
6.4

The burden of persuasion in any such challenge proceeding shall be

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

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it is

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STIPULATED PROTECTIVE ORDER

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entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that

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

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this Action only for prosecuting, defending or attempting to settle this Action.

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Such Protected Material may be disclosed only to the categories of persons and

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under the conditions described in this Order. When the Action has been

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terminated, a Receiving Party must comply with the provisions of section 13

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below (FINAL DISPOSITION).

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

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

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authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL”

Information or Items. Unless

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

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Receiving

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“CONFIDENTIAL” only to:

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(a)

Party

may

disclose

any

information

or

item

designated

the Receiving Party’s Outside Counsel of Record in this

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

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reasonably necessary to disclose the information for this Action;
(b)

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the officers, directors, and employees, including House

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Counsel, of the Receiving Party to whom disclosure is reasonably necessary for

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this Action;

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(c)

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

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

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

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(d)

the court and its personnel;

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(e)

court reporters and their staff;
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STIPULATED PROTECTIVE ORDER

(f)

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Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary for this Action

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and who have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A);
(g)

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the author or recipient of a document containing the

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information or a custodian or other person who otherwise possessed or knew the

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information;
(h)

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during their depositions, witnesses, and attorneys for

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witnesses, in the Action to whom disclosure is reasonably necessary provided: (1)

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the deposing party requests that the witness sign the form attached as Exhibit “A”

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hereto; and (2) they will not be permitted to keep any confidential information

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unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit

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“A”), unless otherwise agreed by the Designating Party or ordered by the court.

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Pages of transcribed deposition testimony or exhibits to depositions that reveal

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Protected Material may be separately bound by the court reporter and may not be

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disclosed to anyone except as permitted under this Stipulated Protective Order;

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and
(i)

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any mediator or settlement officer, and their supporting

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personnel, mutually agreed upon by any of the parties engaged in settlement

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discussions.

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7.3

Disclosure of “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES

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ONLY” Information or Items. Unless otherwise ordered by the court or permitted

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in writing by the Designating Party, a Receiving Party may disclose any

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information or item designated “HIGHLY CONFIDENTIAL-ATTORNEYS’

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EYES ONLY” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this

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

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reasonably necessary to disclose the information for this Action;
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STIPULATED PROTECTIVE ORDER

(b)

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the Receiving Party’s House Counsel who are required to

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participate in policy decisions with reference to this Action and provided that,

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prior to the disclosure, any such House Counsel is provided with a copy of this

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Protective Order and acknowledges in writing that he or she agrees to be bound by

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these terms by executing the “Acknowledgment and Agreement to Be Bound”

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(Exhibit “A”);
(c)

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

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

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

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court reporters and their staff (subject to execution of the

trial);

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the Court and its personnel (under seal prior to the time of

(e)

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

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Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary for this Action

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and who have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit “A”);
(g)

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the author or recipient of a document containing the

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information or a custodian or other person who otherwise possessed or knew the

20

information;

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(h)

during their depositions, witnesses, and attorneys for

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witnesses, in the Action to whom disclosure is reasonably necessary but (1) only

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to the extent necessary to assist in the conduct or preparation of this litigation; and

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(2) only after the Deponent has certified in writing (by executing an

25

acknowledgment in the form attached hereto as Exhibit “A”) that he or she has

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read this Protective Order and agrees to be bound by its terms and conditions or

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has been personally served with the Protective Order on the record of his or her

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STIPULATED PROTECTIVE ORDER

1

Deposition in the presence of counsel for all Parties who have appeared in the

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action;
(i)

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any mediator or settlement officer, and their supporting

4

personnel, mutually agreed upon by any of the parties engaged in settlement

5

discussions.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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

promptly notify in writing the party who caused the subpoena

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

15

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

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include a copy of this Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to

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be pursued by the Designating Party whose Protected Material may be affected. If

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the Designating Party timely seeks a protective order, the Party served with the

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

21

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

23

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

26

Action to disobey a lawful directive from another court.

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STIPULATED PROTECTIVE ORDER

1

9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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(a)

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

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Non-Party in this Action and designated as “CONFIDENTIAL” and/or “HIGHLY

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CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” Such information produced by

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Non-Parties in connection with this litigation is protected by the remedies and

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relief provided by this Order. Nothing in these provisions should be construed as

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prohibiting a Non-Party from seeking additional protections.

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(b)

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

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produce a Non-Party’s confidential information in its possession, and the Party is

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subject to an agreement with the Non-Party not to produce the Non-Party’s

12

confidential information, then the Party shall:
(1)

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promptly notify in writing the Requesting Party and the Non-

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

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agreement with a Non-Party;

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(2)

promptly provide the Non-Party with a copy of the Stipulated

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Protective Order in this Action, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and
(3)

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make the information requested available for inspection by the

Non-Party, if requested.
(c)

If the Non-Party fails to seek a protective order from this court within

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14 days of receiving the notice and accompanying information, the Receiving

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Party may produce the Non-Party’s confidential information responsive to the

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discovery request. If the Non-Party timely seeks a protective order, the Receiving

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Party shall not produce any information in its possession or control that is subject

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to the confidentiality agreement with the Non-Party before a determination by the

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court. Absent a court order to the contrary, the Non-Party shall bear the burden

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and expense of seeking protection in this court of its Protected Material.
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STIPULATED PROTECTIVE ORDER

1

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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under this Stipulated Protective Order, the Receiving Party must immediately

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(a) notify in writing the Designating Party of the unauthorized disclosures, (b) use

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its best efforts to retrieve all unauthorized copies of the Protected Material,

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(c) inform the person or persons to whom unauthorized disclosures were made of

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

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

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“A.”

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR

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OTHERWISE PROTECTED MATERIAL

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The inadvertent production or disclosure of any Protected Material shall not

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by itself constitute a waiver or impairment of any claim of privilege or any

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protection under this Stipulated Protective Order. When a Producing Party gives

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notice to Receiving Parties that certain inadvertently produced material is subject

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to a claim of privilege or other protection, the obligations of the Receiving Parties

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are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision

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is not intended to modify whatever procedure may be established in an e-

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discovery order that provides for production without prior privilege review.

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Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach

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an agreement on the effect of disclosure of a communication or information

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

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

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court.

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12.

MISCELLANEOUS

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12.1 Right to Further Relief. Nothing in this Order abridges the right of

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any person to seek its modification by the Court in the future. Additionally, the
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STIPULATED PROTECTIVE ORDER

1

Parties may amend or modify any provision of this Stipulated Protective Order by

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mutual agreement.

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12.2 Right to Assert Other Objections. By stipulating to the entry of this

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Protective Order, no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in

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

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

8

Order.

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12.3 No Waiver. No action taken in accordance with the Stipulated

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Protective Order shall be construed as a waiver of any claim or defense in the

11

Action or of any position as to discoverability or admissibility of evidence. Nor

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shall the designation, or lack of designation of a particular document constitute

13

evidence that the document does, or does not in fact constitute Protected Material.

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12.4 Filing Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Local Civil Rule 79-5. Protected Material

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may only be filed under seal pursuant to a court order authorizing the sealing of

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the specific Protected Material at issue. If a Party’s request to file Protected

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Material under seal is denied by the court, then the Receiving Party may file the

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

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13.

FINAL DISPOSITION

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

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

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return all Protected Material to the Producing Party or destroy such material. As

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used in this subdivision, “all Protected Material” includes all copies, abstracts,

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

26

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

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the Receiving Party must submit a written certification to the Producing Party

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(and, if not the same person or entity, to the Designating Party) by the 60 day
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STIPULATED PROTECTIVE ORDER

1

deadline that (1) identifies (by category, where appropriate) all the Protected

2

Material that was returned or destroyed and (2) affirms that the Receiving Party

3

has not retained any copies, abstracts, compilations, summaries or any other

4

format reproducing or capturing any of the Protected Material. Notwithstanding

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this provision, Counsel are entitled to retain an archival copy of all pleadings,

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motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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

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

9

Protected Material. Any such archival copies that contain or constitute Protected

10

Material remain subject to this Protective Order as set forth in Section 4

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(DURATION).

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14.

13

VIOLATION
Any violation of this Order may be punished by appropriate measures

14

including, without limitation, contempt proceedings and/or monetary sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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17

Dated: February 27, 2017

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19

LAVELY & SINGER
PROFESSIONAL CORPORATION
By:

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/s/ Martin D. Singer
MARTIN D. SINGER
Attorneys for Plaintiff
SWEET MICKY LLC

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Dated: February 27, 2017

KATTEN MUCHIN ROSENMAN LLP
DAVID HALBERSTADTER
By:

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/s/ David Halberstadter
DAVID HALBERSTADTER
Attorneys for Defendants
SHOWTIME NETWORKS INC.
and SHOWTIME DIGITAL INC.

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STIPULATED PROTECTIVE ORDER

1

Pursuant to Central District Local Rule 5-4.3.4(a)(2)(i), the filer attests that

2

all other signatories listed, and on whose behalf this filing is submitted, concur in

3

the filing’s content and have authorized the filing.

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5
6
7
8

Dated: February 27, 2017

LAVELY & SINGER
PROFESSIONAL CORPORATION
By:

9

/s/ Martin D. Singer
MARTIN D. SINGER
Attorneys for Plaintiff
SWEET MICKY LLC

10
11

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

12
13

DATED: 3/1/ 2017

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15
16

_____________________________________
ALEXANDER F. MacKINNON
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

4

_________________ [print or type full address], declare under penalty of perjury

5

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

6

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

7

California on ______ in the case of Sweet Micky, LLC v. Showtime Networks, Inc.,

8

et al, United States District Court, Central District of California, Case No. 16-cv-

9

05227 RGK (AFMx).. I agree to comply with and to be bound by all the terms of

10

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

11

so comply could expose me to sanctions and punishment in the nature of

12

contempt. I solemnly promise that I will not disclose in any manner any

13

information or item that is subject to this Stipulated Protective Order to any

14

person or entity except in strict compliance with the provisions of this Order.

15

I further agree to submit to the jurisdiction of the United States District Court for

16

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

17

Protective Order, even if such enforcement proceedings occur after termination of

18

this action. I hereby appoint __________________________ [print or type full

19

name] of _______________________________________ [print or type full

20

address and telephone number] as my California agent for service of process in

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connection with this action or any proceedings related to enforcement of this

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Stipulated Protective Order.

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Date: ___________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________

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STIPULATED PROTECTIVE ORDER