Jane Doe v. Xytex Corporation et al

Filing 49

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 45 . NOTE CHANGES MADE BY THE COURT. (See Order for Further Details). (kl)

e 2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 1 of 22 Page ID #:611

Julia Reed laic, ~3ar No. 224671
~ ulia(ci~hr~law.com
2 ~~E i IDE REED ZAtC
A
312 Broadway Street, Suite 203
3 Laguna Beach, CA 92651
Telephone:[phone]
4 Facsimile:(949) 715-5 l 23
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Ramon Rossi Lopcz, Bar No. 86361
rl~pez~lopez~nchu~h.com
6
LL
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c
100 Bayview Circle, Suite 5600
7
Newport Beach, CA 92660
8 Telephone:[phone]
Facsunile: [phone]
9

~l tlorneysfor Plaintiff, JANE UOE
~~~~'c ~r~ ~~~ ~, ~,

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`°~ ~~ ",~~ ~ ~ x,Brian L. Hoffman, Bar No. 150824
`" ~ ~+ T~~'~ ~~ ~ ~ ,
Kathei-ine J. Brinson, E3ar No. 266091
Ashley D. Stein, ~3ar No. 305094
i2 WOOD,SMITH,HENNING & BERMAN LLP
bhoflinan u>wshbla~~~.com
13
rmson ~ ws ~ aw.com
stein a~ws ~ ~ aw.com
1 4 10960 i s ire B v , 18`x Fivor
'
Los An eles, CA 90024
IS
Phone: [phone]
16 Fax:[phone]
11

17

A ttorneysfor Xytex Cor~oratinn and Xytex Cryo Intef•national, LTD

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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20

JANE DUE, an individual,

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Plaintiff,

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v.

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XYTEX CORPORATION,a Georgia
Corp~oration; XYTEX CRYO
'E:RNATIONAL LTD., a Georgia
IN'
Corporation; and DOES 1-25,
inclusive,

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2~
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Defendants.

Case No.:2:16-cv-06621-JAK-AGR
{Assigned to Judge John A.
Kronstadt; Magistrate Judge Alicia G.
R osenberg}
~PROPOSED~ STIPULATED
PROTECTIVE ORDER

FPTC Date: March 5, 2018
Trial Date: March 20, 2018

27

2s ///
LGGnI.~ 10386-01110/701 R~54.1

~PROPOSED~ S"I~IPULf1~I'Lll YRO"1'~.CTNE ORDER

/17 Page 2 of 22 Page ID #:612
se 2:16-cv-06621-JAK-AGR Document 45 Filed 03/14

2

The parties to the above matter, Plaintiff Jane Doe and Defendants Xyte~
Corporation and Xytex Cryo International, LTD, through their respective counsel o

3

record, hereby stipulate to the following protective order ("Stipulated Protective Order"

4

regarding the disclosure of"Confidential" information, as follows:

~

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1.

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This Stipulated Protective Order governs all "Confidential" information discloses
by the discovery undertaken in the above captioned matter by the parties to thi;

~
g
9

Stipulation.
2

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Definitions:

~a)

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13

entity to be Confidential Material, and includes a party asserting a confidentiality

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IS

"Producing Party" means the .party, or the person or entity other than a party, being
asked to produce documents or information considered by that party, person, o

irtcrest in information produced by others.
fi b)

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"Receiving Yarty" means that party/person/entity that receives or requests the
production of Confidential Material.

1 ~ (c)

"Party" or "Parties" means any party to this action, including all of its agents

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counsel, officers, directors, employees, consultants, retained experts, and thei

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20

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support staffs.
(d)

"Confidential" and/or "Confidential Material" means all information produced b~
the Producing Party to the Receiving Party in discovery, whether or not embodies

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in any physical medium, including all originals and copies of any document:

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and/or information, used by the Producing Party in or pertaining to its business, o:
information pertaining to third-party privacy interests, which information thf

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Producing Party reasonably and in good faith believes contains or concern:
confidential, non-public, proprietary and/or sensitive information, including but no
limited to, licensing, distribution, marketing and financial data, personnel record:
and information, "Protected Health Information"(PHI) as defined by HIPAA, non
i.i-:cni_: i a3sc~-oaioi~o i Kasa. i

2
PROPOSED]STIPULA"I'ED PRO"I'EC"FIVE ORDER
[

2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 3 of 22 Page ID #:613

public submissions and communications with governmental agencies, proprietary
or nonpublic commercial information, proprietary information, intellectual

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2

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property, including trade secret information, information involving privacy
interests, and commercially and/or competitively sensitive information of a

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nonpublic nature, or received on a confidential basis. Confidential Material shall

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include "Identifying Information" of either or .both of the plaintiffs, defined tc
include the following: (i) the name, address, or other contact information of

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plaintiff or any of her immediate family members (including any child, spouse of
partner); (ii) any personal identifier, including but not limited to social security

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numbers, of a plaintiff or any of her immediate family members (including an}

11

child, spouse or partner); (iii) any other indirect identifiers, including but no

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limited to date of birth, place of birth, and mother's maiden name, of a plaintiff o~

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any of her immediate family members (including any child, spouse or partner); anc

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iv)
( other information that, alone or in combination, is linked or linkable to

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plaintiff that would allow a reasonable pec-son to identify the plaintiff or any of he:

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immediate family members (including any child, spouse or partner). Confidentia

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Material shall also include any summaries or portions of documents created o

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derived from original documents deemed confidential under this Stipulate<

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Protective Order (hereinafter known as "Confidential Material").
(
e)

"This Action" means all proceedings in the case of Uoe v. XXtex, et al., Unites
States District Court, Central District of California, Case No. 2:16-cv-06621-JAK
AGR. ""Phis Court" specifically refers to the United States District Court, Cen
District of California, Judgc Kronstadt, presiding.
3.
Counsel and other persons to whom Confidential Material is disclosed shall not

26

such material or any information contained thereon for any business, commerci~
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competitive media or any other purpose other than trial preparation, trial, and appeal
28
"this Action. Specifically, Confidential Material shall not be provided to, discussed wi
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[PROPOSED]STIPULATED I'RO"I~EC'fIVT ORDER

se 2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 4 of 22 Page ID #:614

1

or in any manner referred to in response to any media inquiry including but not limited tc

2 any newspaper, radio, television or Internet source.
4.
4
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~

Identifying Information shall not be disclosed in any conference, proceeding
deposition,~written discovery response (excluding documents produced in response to
in this litigation e~-~~
O.
n shall not be disclosed in any communication.
e~Further, Identifying Info►•matia

Request for Production of Documents),
~i

9

between the parties or between any person subject to this order. Rather, Plaintiffs
counsel shall disclose, in a single email to Defendants' counsel, Plaintiffs' real names

~~
I1

names of their children, (and the pseudonym specifically assigned to each) dates of birth
addresses, social security numbers, and name of spouse and/or partner. Tlzis email, anc

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the information therein, constitutes Identifying Information pursuant to this Order any

13

shall be treated as such. Plaintiffs' pseudonyms shall be used in place of Plaintiffs' rea

~4

names in all conferences, proceedings, depositions, filings, communications, and written
discovery responses. Documents produced in discovery need not be redacted to excludE

g

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1~'
~~
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~~
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Identifying Information, but shall be marked confidential pursuant to Paragraph 12 of this
Order. If it is necessary for a deponent to know Identifying Information for the purpose
of a deposition, the Identifying Information shall be disclosed to the deponent off the
record, and the deponent shall be provided with a copy of this Order and shall bE
informed of his or her obligation not to disclose the Identifying Information on the recorc
or otherwise.

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5.
Under no circumstances shall any party, or any other person who obtain:
Identifying Information pursuant to this Order, disclose or allow to be disclose<
Identifying Information to the sperm donor in this case, James Christian Aggeles, or tc
anyone who represents him.
6.
No copies, extracts or summaries of any Confidential Material shall be madf
LI:GAL: 103R6-0040/7018~1~4. I

4

[PROPOSED] STIPULATED PROTECTIVE ORDER

se 2:16-cv-06621-JAK-AGR Document 45 Filed 03114/17 Page 5 of 22 Page ID #:615

1

appeal o~
except by or on behalf of counsel for the purposes of trial preparation, trial, and
a~
This Action. All such copies, extracts or summaries shall be designated and treated

3

persor
Confidential Material, and none shall be delivered, exhibited, or disclosed to any

4

except as provided herein.
~

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Confidential Material may be inspected by or disclosed to the following "Qualifies

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~

Persons":

~ (a)
9

Parties, counsel for the Parties, paralegal assistants to counsel, and clerica
employees of counsel engaged in the preparation of This Action;

~~

Deponents during the course of their depositions in This Action and deposition
notaries and staff(except that Identifying Information shall not be disclosed on thf

~~

record at any deposition);

~ 3 (c)

Independent experts, consultants, and advisors employed or retained by counsel tc
perform investigative work, research, analysis, or other services necessary to thf

~ ~ (b)

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preparation of This Action;

16 (d)
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personnel, but only to the extent such material is relevant to said person's work or

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This Action;
(e)

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(~

Any person designated by the Court having jurisdiction over discovery procedure:
in this Action;

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(g)
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Any court reporter or typist recording or transcribing testimony in this Action anc
any outside reproduction firm; and/or

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2

(h)
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"I'o this Court or any other Court having jurisdiction over this Action or discover}
procedures in This /lction;

23

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Parties, executives, officers and employees of a party engaged in assisting counse
in this litigation, and insurance claims adjusters and other insurance claim;

Any person who was the author, recipient or copy recipient of a document for thf
purpose of interrogation of such person at trial, by deposition, or during the course
of preparation for trial or deposition; provided, however, that Identifyin€

~~rni, io3s~-o~aoi~oisa~a i

5
[YROYOSED]STIPULATED YROTLCTIV~ ORDER

ID #:616
e 2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 6 of 22 Page

1

ing, deposition
Information shall not be disclosed in any conference, proceed

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written discovery response, coui-1 filing, or trial.
8.

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to thi
In order to protect Plaintiffs' Identifying Information from disclosure
docume
parties, Plaintiffs agree that, in response to a discovery request seeking
child
including hospital records, medical records, phone records, school records,
on
records, employment records, and bankruptcy records, Plaintiffs shall not object
control, ,
ground that the documents are not within Plaintiffs' possession, custody, or
and produc
absent other objection, shall make reasonable efforts to search for, obtain,
do
responsive, non-privileged documents to Defendants. In so agreeing, Plaintiffs
waive any other objection they may have to the production of these or any c
documents.

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Q

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Before any Confidential Material is disclosed to any of the persons described i
sig
Paragraph 7 (c),(d), or (h) above, each person to whom disclosure is made must first

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a copy of the acknowledg►nent attached hereto as exhibit A. A copy of each such signe
acknowledgment shall be provided to opposing counsel within ten [10] days of
person being designated as an expert witness anticipated to testify at the trial of this
the
or in the instance of any such person who is not designated as anticipated to testify at
,
trial of~ this case, then within ten [10] after the final determination of This Action i.e.
appeal.
final judgment, final appellate decision, expiration of appeal deadline without
settlement, or other final conclusion of This Action.

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By signing a copy of said acknowledgment, each such person and their clients
to the
agrees to be bound by the terms of this Stipulation nd Order and submits

.~.k.e

jurisdiction of~

u~~~'c~;~ o~rer bus ~c#~'a~+-~ imposition of sanctions
Courtlfor appopriate proceedings and for the
ha.Yt

n
tion anc
ordez•ed by the Court, in the event oC a breach of the provisions of this Stipula
if

28

Order.
LF:G~\I.: 103RG-OO~lO/IllIRdSd.l

C~
[PROPOSED] S"CIPULATF.,D PRO'TECTIVf ORDP,R

2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 7 of 22 Page ID #:617

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Counsel and other persons to whom Confidential Material is disclosed shall
permitted to share such materials and information with counsel or partics in other acti

5

involving Xytex Corporation and/or Xytex Cryo International, LTD. Such
Confidential Material may only be shared with counsel or parties in other such acti

6

that have in place a comparable Stipulated Protective Order that contains the s~

7

material terms as provided in this Stipulated Protective order in This Action.

8

The above described sharing of information shall not apply to Confidentia
Material identified by Xytex' counsel as "Financial Information," which is information

4

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10
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that reveals the assets, income, or other financial condition of Xytex Corporation and/o:
Xytex Cryo International, LTD. Such information shall be labeled on the face of eac}

12

such document as "Financial Information" in addition to "Confidential." Such Financia

13

information shall not be shared among counsel or parties in other actions, but shal

14

instead only be held and reviewed by the counsel or parties to whom it is directl;

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produced by counsel for Xytex. Such Financial Information may be shared among

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counsel or parties in other actions, but only by:

]7

)
A

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;
?
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Written agreement of the counsel in This Action agreeing to sucl
production;

B)

Court order requiring such production; or

)
C

Production which Xytex hereby agrees to make no less than thirty (30) day
before a scheduled mediation(s), or if mediations) is scheduled to occur les
than thirty (30) calendar days from when it is confirmed, then within three
business (3) days of the date the parties conrirm the mediation date. Th~
sharing of Financial Information produced based on the above shall b~
limited to the attorneys in those cases that will be participating in the
scheduled mediation(s).

Xytex Corporation and/or Xytex Cryo International, L"1'D reserve all rights t~
object to and/or otherwise contest the production of such Financial Information consisten
LG(inL:103R6-O(k10/701 R4~4.1

7
[PROYOSIn] STIYULAT~D PRU"I'EC"1'[VE ORDER

e 2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 8 of 22 Page ID #:618

2

with applicable law. Consent to this Consent Protective Order shall not operate in any
way to waive, diminish, or otherwise reduce the protections of Financial Information

3

ordinarily afforded Xytex Corporation and/or Xytex Cryo International, LTD under

4

applicable law.

5

12.

6

Designation of Confidential Material:

7 (
a)

Documents Produced.

8 1

ConFidential Material contained in a document or thing produced in disco
pursuant to this Stipulated Protective Order by doing the following. For thi

9
l0

Any Producing Party may, in good faith, design

produced in discovery that are not in documentary form, the Producing Party rr
designate Confidential Material by marking the thing as "CONHIDGNTIAL" or

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12

designation, in writing or email, identifying the Bates stamp number which 1

13

been assigned to the thing.

14

For information in documentary form (e.g. paper or electronic document
but excluding transcripts of depositions or other pretrial or trial proceedings}, the

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16

Producing Party shall include the term "CONFIDENTIAL" on each page tha
contains Confidential Material, by Bates stamp, watermark, or other visiblE

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labeling means on the face of each such document. If only a portion or portions o
the material on a page qualifies for protection, the Producing Party also mu

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clearly identify the confidential portions)(e.g., by making appropriate markings
i

the margins).

b}
(

Exercise of Restraint and Care in Designating Confidential Material. Produc
Parties must take care to limit any such designation to specific material tha
qualifies as confidential under the appropriate standards. The Producing Pact
must designate for protection only those parts of material, documents, items,
oral or written communications that qualify — so that other portions of
material, documents, items or communications for which protection is
warranted are not swept unjustifiably within the ambit of this Order.
8
PROPOSED] STIPULATED PROT~CTIVI ORDLR
[

use 2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 9 of 22 Page ID #:619

~-a
ed
f

,e~,c~-ent nv+ a.Lt'~c~ fro iced i v~

~ C~.v. P 5.2 a.nd coca,(' (~u.c.~ s.2 ~

2

If it comes to a Producing Party's attention that information or items that i
designate as Confidential Material. for protection do not qualify or nn longe

3

qualify for protection, that Producing Party must promptly notify all other Pantie

4 'i

that it is withdrawing the "Confidential" designation.

5 (
c

Filing Confidential Material. Without written permission from the Producing Party
or a court order secured after appropriate notice to all interested persons, a Party

1

6

may not file in the public record in this action any Confidential Material. A Party
that seeks to file under seal any Confidential Material must comply with the rules
a par-h,~~ Sc~k a,n ender ~
and local rules of This Court. However, ~aht~N.Lthcta„~l~ha, r ,~ ~rnvici,~+~
Gtr ~ha~,'
may not be filed in the public record or under seal~if a
Identifying Information

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~
~ ll

party wishes to file a document containing Identifying Information, the party shall

12

redact such Identifying Information so that the document contains no Identifying

13

Information.

14

In addition, a Party who seeks to file a document with the Court that

15

contains, refers to, or attaches Confidential Material (other than Identifying

16

Information, which may not be filed) shall do so consistent with the rules and loca

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rules of This Court.
(
d)

Depositions. With the exception of Identifying Information, which shall not be

19

disclosed on the record at any deposition or other court proceeding, any Produc

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Party may, in good faith, designate confidential information or docume

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disclosed during a deposition in this Action by indicating on the record at

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deposition. that the entire deposition testimony, or any specified part of
testimony given or to be given, and/or all or any part of the document or th
marked for identification at such deposition is Confidential Material subject to
provisions of this Stipulated Protective Order. In the case of deposition testimony
confidentiality designations shall be made by email to all parties within thirty [30
days after the transcript has been received by counsel making the designation anc
shall specify the testimony being designated "Confidential" by page and lint
L GGAL:10386-OOa017018~54.1

D
PROPOSFDJ STIPULATED PR0I~ECTIVE ORDER
[

e 2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 10 of 22 Page ID #:620

1

number(s). Producing Party may designate deposition testimony as "Conftdential'
by indicating on the record at the deposition, by making written designations o~

3

both, and the failure of Producing Party to make designations nn the record during
deposition testimony shall not be considered a waiver. Each party shall attach

4

copy of such writien sla~ement to the face of the transcript and each copy thereof i
its possession, custody or control. Until the expiration of such thirl.y [30] d~

5
6

period, the entire text of the deposition, including all testimony therein and exhibi
thereto, shall be treated as Confidential under this Stipulated Protective Order.

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8

When Confidential Material is incorporated in a transcript of a depositio
counsel for the Party presenting the

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~10
~
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Confidential Material shall arrange for the court reporter to bind the confidentia
portions of such transcript separately and to label such portion of the transcript a.

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13

"CONFIDEN'TIAL." When Confidential Material will likely be presented, quotec
a Party shal
or referred to in a deposition,

14
t5

have the right to make arrangements or, when appropriate, to make such request.
of the Court as necessary, in order to .ensure that only Qualified Persons are

16
17

permitted access to such Confidential Material ai~e present during said presentation
quotation, or reference. Nothing in this Order shall preclude use of Confidentia

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19

Material during trial of this Action and the Court will address any issues relating t~
use of Confidential Material as part of the trial proceeding at the commencement o

0
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any trial or at any such other time as decided by the Court.

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If Identifying Information is inadvertently disclosed on the record at an
such Identifying Information shall be stricke
depositior~

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2
4

from the record.
25

e)
(
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Interrogatories. Any party may, in good faith, designate Confidential Materi
contained in a response to an interrogatory by designating the response
"Confidential" or the Responding Party otherwise shall be advised in writing o
such confidential status, and the information may be served and filed in a

~.rcn~io3s~-ooao~~oisasa i

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PROPOSED]STIPULATED PROTECTNT ORDER

2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 11 of 22 Page ID #:621

2

document if desired. Plaintiffs' pseudonyms, and not Plaintiffs' real names, shal
he used in any interrogatory, interrogatory response, or other written discover

3

request or response.

4 (
f)

Notwithstanding the above provisions, all documents and information containing
Plaintiffs' Identifying Information shall be considered to be, and treated as

1

5

7

Confidential, regardless of whether such documents or information have beer
designated as such. In other words, all documents and information containing

8

Identifying Information are automatically considered to be Confidential, and shal

9

be treated as if they were designated Confidential.

6

lU
11
]2

1 3.
Within thirty [30] days of the final determination of This Action, all persons
whom documents containing Confidential Material have been disclosed (excluding tl

li

court and all court personnel) shall return all such documents to counsel who original

14

so designated such documents. In the event the Confidential Material was transmitted

15

~ otherwise exists in email or other electronic format, all such c-mails and/or electroni
16
~ tiles, backup tiles, and any other electronic.copy or version of the Confidential Materia
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shall be deleted and also deleted from a computer or server's trash folder, and in the cas
of e-mail deleted from the email's deleted folder. The purpose and intent of thi
requirement is that all such Confidential Material be returned to counsel who originall;
so designated such Confidential Material or destroyed in a manner so the Confidentia
Material may no longer be retrieved or accessed by the Receiving Party.

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1 4.
Disclosure of any document or other information under a claim that it constitute.
or contains Confidential Material shall not be a waiver of any right or a relinquishment o
any confidentiality claim as to said document or information as to third parties.

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15.
This Stipulation and Order is intended solely to facilitate the preparation and tria
as ar
of This Action, or any appeal therefore, and nothing herein shall be construed
LfiG AL:10386-0040/7018451.

[PROPOSED] STIPULATED PROTECTIV E ORDER

e 2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 12 of 22 Page ID #:622

t

admission or agreement by any party that Confidential Material designated hereund

2

constitutes confidential or proprietary material.

3

16.

4

Any party to This Action may, at any time, request the modification or terminatio
of this Order; however, to do so the party(s) seeking modification or termination of thi

5
6
7
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9

Order ("Moving Party") must provide notice to the other parties, the parties shall attemp
to agree on a modification or termination, and the Moving Party must file a motion
according to the timeline outlined in Paragraph 19. The parties hereby acknowledge anc
agree that this Stipulated Protective Order was extensively and thoughtfully negotiated b:

l0

the parties prior to its stipulation and entry. If any one or more parties object to th
modification or termination of this Order, this Court shall not modify or terminate thi

12

Order absent a finding that the Moving Party will suffer extreme injury or prejudice i~

13

the trial preparation, trial, and/or appeal of This Action absent modification o

14

termination of this Order. In the event this Court does find grounds to modify

15

terminate this Order, the Court shall modify or terminate this Order in a manner so as tc
have as minimal an impact as possible on the original individual and collective terms anc

16
17

~ conditions of the Order.

18

17.

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20

Claims of Inadvertent Production:
a)
(

21

work product, or Confidential Material does not constitute a waiver of
privilege or right to claim the privileged or confidential status of the docum

22
23

materials, or information produced.

24
b)
(
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The inadvertent production of either attorney-client privileged material,

If a Party inadvertently produces attorney-client privileged or work prods
protected material in This Action, the Producing Party shall promptly make
good-faith representation that such production was inadvertent and take promp
remedial action to withdraw the disclosure. Within three [3) business days o
receiving a written request to do so from the Producing Party, the Receiving Part;
12
[PROPOSED]STIPULA"('Rn PRO'I~~CTIVE ORDI~It

2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 13 of 22 Page ID #:623

2

must return, sequester, or destroy the specified information and any copies it has.
Thereafter, the Receiving Party must not use or disclose the information until the

3

claim is resolved; must take reasonable steps to retrieve the information if the

4

Receiving Party disclosed it before being notified; and may promptly present the

5

information to the Court under seal for a determination of the claim.

6

Producing Party must preserve the information until the claim is resolved.

7 (
c)

A Party that discovers it has received materials designated as or that appear b}

8 1

their plain terms to be subject to the attorney-client privilege or work produc

9

protection shall immediately disclose the materials to the Producing Party anc

IU

inquire whether the production of the materials was inadvertent. Within ten [10

it

calendar days of that disclosure, Producing Party must notify the Receiving Part;

12

in writing whether the production was inadvertent. If the Producing Party does no

13

respond within ten [10] calendar days, the Producing Party waives all attorney

14

client privilege or work product protection with respect to the particular material;

15

identified. During the ten [10] day period, counsel for the Receiving Party shal

16

retain all copies of the materials and shall not disclose, disseminate, analyze

1

17
18

ThF

reference or otherwise use the materials.
(
d)

Should the Parties be unable to agree upon the return of such documents anc

19

information because of a good faith argument that no privilege or work produc

20

protection is applicable, the Party asserting the privilege or work produc

2l

protection shall have the burden of establishing the privilege or work produc

22

protection upon application or motion to the Court. If the document or informatio

23

is returned to the Producing Party or upon order of the Court, and if the productio

24

was inadvertent, the production of the document or information shall not constitut

25

a waiver of any privilege or work product protection as to the specific document c

2
6

information.
27

(
e)
28

A Party objecting to an assertion of the attorney-client privilege or work prod
protection, nevertheless, shall comply with this Order herein pending resolution

~.rcAi.:io3a~-aa~oi~oisasn.~

13
[YROPOSEll] S"TIYUI,A"1'ED PRO"I~LC'I'IVL ORDL-'R

/17 Page 14 of 22 Page ID #:624
2:16-cv-06621-JAK-AGR Document 45 Filed 03114

1

the objection.

2
3
4

Nothing in this Order shall be deemed to preclude the Parties from seeking
permission of the Court to rcleasc information designated as Confdential Material under

the protective order on the ground that it is not confidential. The procedure for doing so
6 is contained in Paragraph 19, below. If the Parties seek to file a motion on this issue, the
5

8

Parties agree the other may, with court approval, file such a motion on shortened time.
but only if such motion on shortened time is to be filed within sixty [60] days of trial.

9

IL•~

7

}p

Challenge. of Designation:

11

If a Receiving Party disputes a claim of confidentiality as to any informati~

12

designated as "Confidential," the following process shall be followed by the respecti

13
14

parties:
a)
(

15
16

The Receiving Party shall initiate the challenge of designation process b~
providing written notice of each designation it is challenging, identifying the
specific pages) by Bates number(s), deposition page number, or deposition exhibi
number, and describing the basis for each such challenge(s). The date of receipt o

17
18

depositions) and/or deposition exhibits) that are deemed Confidential Materia
shall be the date the parties receive the email of designations) from the Produci

l9
20

Party described in Paragraph 12(d).

21

To avoid ambiguity as to whether

challenges) to Confidential Material has been made, the written notice must rec
that the challenges) to confidentiality is being made in accordance with thi

22
23

specific paragraph of the Stipulated Protective Order. Such notice shall be mad
via email copied to counsel for all parties to the case. The date the Receiving Part

24
25

sends the email shall be the "Trigger Date," so long as it is received by counsel fi
the Producing Party by 5:00 p.m. local time; otherwise the Trigger Date will t

26
27

deemed to be the next business day.

28

b)
(

Within seven [7] days of the Trigger Date, counsel for the parties shall attempt

~Fcn~.:i o3s~-oc~aono i sasa,i

l4
PROPOSED] S"1'IPULA7'ED PRO"fECTIVF, ORDER
[

e 2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 15 of 22 Page ID #:625

2

resolve each challenge in good faith by conferring directly (in voice to v~
dialogue; other forms of communication are not sufficient) with one another.

4

conferring, the Receiving Party must explain the basis for its belief that
confidentiality designation was not proper and must give the Producing Party

1

6

opportunity to review the designated material, to reconsider the circumstances
and, if no change in designation is offered, to explain the basis for the chosei

8

designation. A Receiving Party may procccd to the next stage of the challengE
process only if it has timely engaged in this meet and confer process first, o

5

establishes that the Producing Party is unwilling to participate in the meet anc
confer process in a timely manner, which shall be not less than seven [7] day.

9
10
11
12

f
ollowing the Trigger Date.
c)
(

if the above meet and confer does not resolve the chaUenge(s), then Receivin,

13

Party must send email notice, copied to counsel for all parties to the case, whic.

14

states that the Receiving Party and Producing Party have reached an impass
regarding the confidentiality designation of specific Confidential Material. T~

15
16

avoid ambiguity as to whether the challenges) continues, the email must recite the

17

it is sent in accordance with this specific paragraph of the Stipulated Protectiv

18

Order. The email must designate by Bates numbers) or deposition pages) and/o

19

exhibit numbers) each page of Confidential Material for which the challeng

20
21
22
23
24
25
26
27
28

continues.
d)
(

For Confidential Material that is not alleged by any party to contain Identifyi
Information, if the Parties cannot resolve the challenges) without co
intervention, then within twenty-one [21] days of the Trigger Date, the Produci
Party shall file and serve a motion to retain confidentiality of the specifi
Confidential Material that remains challenged.

Each such motion must b

accompanied by a competent declaration affirming that the movant has complie
with the meet and confer requirements imposed in Paragraph 19(b). Failure by th
Producing Party to make such a motion including the required declaration withi
i.rcni.:~o3ac,-ooaoi~ois~i;~.i

15
PROPOSED) STIPULA"1'ED PROTECTIVE ORDER
[

C se 2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 16 of 22 Page ID #:626

forty-five [45] days of the Trigger Date shall automatically waive the
confidentiality designation for each challenged designation, the "Confidential'

l
2

designation will be removed from the challenged designation materials only, anc
the materials at issue will no longer be subject to this Stipulated Protective Order

3
4

~

In any such challenge proceeding, the burden of persuasion that the materia
designated "Confidential" or "Confidential Material" shall be on the part}

~

designating the information as confidential.

g
9

waived the confidentiality designation by failing to file a motion to retair
confidentiality as described above, all parties shall continue to afford the materia

~~

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

1~
12 (e)
13

Party's designation until the court rules on the challenge.

1~

to
twentY-one ~21 ~ daYs of the 1'rig~er Date ~ the PartY challeng~ g the designation o
Identifying Information shall file and serve a motion to remove confidentiality o

5

~5
16
17

Unless the Producing Party ha:

For Confidential Material that is alleged to contain Identifying Information, if the
pa~ies cannot resolve the challenges) without court intervention, then withir

the specific Identifying Information that remains challenged. Each such motion
must be accompanied. by a competent declaration affirming that the movant ha:

18

complied with the meet and confer requirements imposed in Paragraph 19(b). Ir

19

any such challenge proceeding, the burden of persuasion shall be on the part

20

challenging the designation of the information as containing Identifying

21

Information. All parties shall continue to afford the material in question the leve

22

of protection to which it is entitled under the designation of Identifying

23

Information until the court rules otherwise.

24
25

26
27

20.
Fiy agreeing to this Protective Order, Plaintiff does not waive any right to seed
reasonable accommodation from the Court, in advance of and in connection with an}
public hearing, including trial, in order to protect public disclosure of her and hey

28

child(ren)'s Identifying Information.
~.i:cni io3xc~-o~uoi~ors~s~ i

16
PROPOSED)STIPULATED YROTECTIVF. ORDER
[

2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 17 of 22 Page ID #:627

1

21.

2

Defendants shall not inquire into Plaintiffs knowledge about the identities of

3

individuals who have sued Defendants under pseudonyms.

4

22.

5

6

Upon execution of this Stipulation by the Parties hereto, the Order set forth herei
may be filed with the Court by any party hereto for entry by the judge presiding over Thi

7

Action, and such filing will be served on all counsel of record with a certificate of servic

8

notifying all counsel of filing.

9

23.

to

To the extent any party fails or refuses to consent to this Stipulated Protectivf
Order, and/or to the extent any party makes production of Confidential Materials prior tc

11
l2

the entry of this Stipulated Protective Order or other protective order by the Court, tha
13
shall not change the duties and obligations of the parties who have consented to thi
14
15

Stipulated Protective Order regarding the Confidential Materials described above, and a]
such duties and obligations shall be deemed to be in full force and effect between an.

16

among the parties who did consent to this Stipulated Protective Order. In such instance
17
Producing Party will withhold the Confidential Materials from any party that does nc
18

consent to the Stipulated Protective Order, and will file a Motion for Protective Orde
19
with the Court seeking to enforce these terms on any non-consenting party. In the even
20
21
22

Producing Party files a Motion for Protective Order, no other party that consented to th
Stipulated Protective Order will object to or otherwise oppose the Motion for Protective
Order.

23

~, lll
24
///
25
/ //
26
///
27
///
28
///
i.r-.c~ni. io~s~-oc~aonois~;~.i

17
PROPOSED] S'I'IPULA"1'ED PROTI?C1'NE ORDER
[

L

2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 18 of 22 Page ID #:628

24.

1
2

It is hereby acknowledged and agreed that this Stipulated Confidentiali

3

Agreement was drafted through the participation and editing of all parties hereto and th

4

no specific party shall be deemed the drafter of the document. No party shall enjoy ar

5

inferences regarding any ambiguities of the document based on another party heir

~~ ~ deemed the drafter.
7

LtX~C~t.

day
SO ORDERED THIS
~ of

, 2017.

8
9

C

~I.C.~C.~C.G~.

10

Il~~'~afie Judge

It
12
13
14

SO STIPULATED BY THE FOLLOWING PARTIES,BY AND THROUGH
THEIR RESPECTIVE COUNSEL OF RECORD:

15
l6
17
]8
l9

20
21

/s/ Julia Reed Zaic
Julia Rced Zaic (#224671)
HEAVISIDE REED ZAIC
312 Broadway, Ste 203
Laguna Beach, CA 92651
949-715-5120
949-715-51230
[e-mail]
[e-mail]

22
23

Attorneysfor Plaintiffs Jane Doe

/s/Katherine J. Brinson
Katherine J. Brinson (SBN266091)
WOOD,SMITH, HENNING ~[
BERMAN LLP

10960 Wilshire Boulevard, 18`" Floor
Los Angeles, California 90024-3804
Phone: [phone] ♦Fax: [phone]
A ttorneys.for Defendants Xytex

Corporation and Xytex Cryo
I
nternational, Ltd.

24
25
2
6
27
28

LGGAL: 1 03 86-004 0l70184i4.1

18
[PROPOSED) STIPULATED PROTECTIVE ORDER

2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 19 of 22 Page ID #:629

C

l
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8 '

CENTRAL llISTR1CT OF CALIFORNIA

9
l0
T1

Case No.:2:16-cv-06621-JAK-AGR

JANE DOF,, an individual,

12

Plaintiff,

{Assigned to Judge John A. Kronstadt;
Magistrate Judgc Alicia G. Rosenberg}

13

v.

14

XYTF,X CORPORATION,a Georgia
[PROPOSED]STIPULATED
Corporation; XYTEX CRYO
INTERNATIONAL I.TD., a Georgia
PROTECTIVE ORDER
Corporation; and DOES 1-25, inclusive,

15
16

Defendants.

17
18
19

EXHIBIT A

2U

ACKNOWLEDGMENT AND AGRF.F,MF.NT TO IiF BOUND
1.

2l

have

I,

read

thf

22

oregoing Stipulated Protective Order entered by the Court in the above-cited action
f

23

I/my firm have been retained by

24

party)

in

the

(name o
capacity

following

in

this

litigation

25
26

2
.

I hereby agree, on behalf of myself and those in my firm, that if an

27

"Confidential" material as described in the within Stipulated Protective Order is provide

28

to ►ne/my firm in this litigation, or if I have earlier been provided with such material,
L~GAL: 103R6-~(MO/701845~ 1

~9

[PROPnS1~D) S"fIPi1LAT~D PROTECTIVE ORDER

2:16-cv-06621-JAK-AGR Document 45 Filed 03/14/17 Page 20 of 22 Page ID #:630

1

and those in my firm will maintain that information as "Confidential", will not disclose i

2

to any other individuals or entities, and will otherwise comply with all provisions of the

3

within Stipulated Protective Order which apply to those who receive "Confidential

4

material.

5

3.

Consistent with Paragraph 13 of the Stipulated Confidentiality Agreement

6

within thirty [30] days of receipt by me/my firm of notice of the fina

7

conclusion/determination of these proceedings, I/my firm will return all such document.

8

to the party or counsel which provided the material to me/my firm with the understanding

9

they will thereafter return the material to counsel for the party which originally

l0

designated the material "Confidential", as provided by the terms of the within Stipulate<

11

Protective Order. In the event the Confidential Material was transmitted or otherwisE

12

~ exists in email or other electronic format, all such e-mails and/or electronic files,

13

f
iles, and any other electronic copy or version of the Confidential Material shall b~

14
15
16
17
l8
19
20
21

deleted and also deleted from all computers or servers' trash folder, and in the case of e
mail, also deleted from the email's deleted folder. The purpose and intent of thi
requirement is that all such Confidential Material be returned to counsel who originall;
so designated such Confidential Material or destroyed in a manner so the Confider
Material may no longer be retrieved or accessed by the Receiving Party.
I declare under penalty of perjury under the laws of the State of California that
oregoing is true and correct.
f
Executed this

day of

20

22
23

By:
24

On Behalf Of:
25
26
27 I
28 ~
t,rcni_:t o3~~-ooaonot sasa.i

2
0
PROPOSED]STIPULATED PROTECTIVE ORDER
[