Sidney Greenbaum v. KC Jewelry, Inc. et al

Filing 38

STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 37 . (See Order for details) (bem)

Download PDF
1 2 3 4 5 6 7 SIDLEY AUSTIN LLP Amy Lally (SBN 198555) Adriane Peralta (SBN 304357) Logan P. Brown (SBN 308081) 555 West Fifth Street Los Angeles, CA 90013 Telephone: (213) 896-6000 Facsimile: (213) 896-6600 Attorneys for Defendant 8 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 14 SIDNEY GREENBAUM, individually and others similarly situated, Plaintiff, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. KC JEWELRY, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 16-CV-06845-SVW-JPR STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION Judge: Date: Time: Location: Hon. Stephen V. Wilson N/A N/A N/A Plaintiff Sidney Greenbaum and Defendant KC Jewelry, by and through their respective 1 2 counsel of record, hereby enter into this Stipulated Protective Order Regarding Confidential 3 Information (“Stipulated Protective Order”) with reference to the following: 4 1. INTRODUCTION 5 A. PURPOSES AND LIMITATIONS 6 Discovery in this action is likely to involve production of confidential, proprietary, or 7 private information for which special protection from public disclosure and from use for any 8 purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 9 stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties 10 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 11 discovery and that the protection it affords from public disclosure and use extends only to the 12 limited information or items that are entitled to confidential treatment under the applicable legal 13 principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 14 Protective Order does not entitle them to file confidential information under seal; Local Rule 79-5 15 sets forth the procedures that must be followed and the standards that will be applied when a party 16 seeks permission from the Court to file material under seal. 17 B. GOOD CAUSE STATEMENT 18 This action is likely to involve trade secrets; non-public business or financial information 19 and/or confidential competitive information that, if disclosed, could result in competitive harm to 20 the disclosing party, including but not limited to marketing and pricing strategy, confidential 21 agreements with third parties, client and customer information, and other valuable research, 22 development, commercial, financial, and/or proprietary information for which special protection 23 from public disclosure and from use for any purpose other than litigation of this action is warranted. 24 Such confidential and proprietary materials and information consist of, among other things, 25 confidential business or financial information, information regarding confidential business practices 26 and analysis, or other confidential commercial information (including information implicating 27 privacy rights of third parties), information otherwise generally unavailable to the public, or which 28 may be privileged or otherwise protected from disclosure under state or federal statutes, court rules, 1 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR 1 case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the 2 prompt resolution of disputes over confidentiality of discovery materials, to adequately protect 3 information the parties are entitled to keep confidential, to ensure that the parties are permitted 4 reasonably necessary uses of such material in preparation for and in the conduct of trial, to address 5 their handling at the end of the litigation, and serve the ends of justice, a protective order for such 6 information is justified in this matter. It is the intent of the parties that information will not be 7 designated as confidential for tactical reasons and that nothing be so designated without a good 8 faith belief that it has been maintained in a confidential, non-public manner, and there is good cause 9 why it should not be part of the public record of this case. 10 2. DEFINITIONS 11 2.1 Action: means this proceeding, 16-CV-06845-SVW-JPR. 12 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 13 information or items under this Order. 2.3 14 “CONFIDENTIAL” Information or Items: information (regardless of how it is 15 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 16 Civil Procedure 26(c), and as specified above in the Good Cause Statement. 17 2.4 Counsel: Outside Counsel of Record in the Action (as well as their support staff). 18 2.5 Designating Party: a Party or Non-Party that designates information or items that it 19 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.6 20 Disclosure or Discovery Material: all items or information, regardless of the medium 21 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 22 transcripts, and tangible things), that are produced or generated in disclosures or responses to 23 discovery in this matter. 2.7 24 Expert: a person with specialized knowledge or experience in a matter pertinent to 25 the litigation who has been retained by a Party or its counsel to serve as an expert witness in this 26 Action. 27 28 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR 2.9 1 Outside Counsel of Record: attorneys who are not employees of a party to this 2 Action but are retained to represent or advise a party to this Action and have appeared in this Action 3 on behalf of that party (and includes support staff). 2.10 4 5 of their officers, directors, employees, retained experts, and Outside Counsel of Record. 2.11 6 7 10 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 2.12 8 9 Party: any party to this Action, including all entities acting on their behalf, and each Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. 2.13 11 Protected Material: any Disclosure or Discovery Material that is designated as 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” Highly Confidential Information is 13 Confidential Information that creates a substantial risk of serious financial or competitive harm, or 14 other injury, if disclosed to another party or non-party, and that such risk cannot be avoided by less 15 restrictive means. Highly Confidential Information shall be treated identically to Confidential 16 Information under the terms of this Order, with the exceptions that Highly Confidential Information 17 shall be designated “HIGHLY CONFIDENTIAL” and Highly Confidential Information may not be 18 reviewed by the officers, directors, and employees of the Receiving Party, or Plaintiffs or any 19 putative class member. 2.14 20 Receiving Party: a Party that receives Disclosure or Discovery Material from a 21 Producing Party. 22 3. 23 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material 24 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 25 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 26 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 27 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order 28 does not govern the use of Protected Material at trial. 3 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR 1 4. DURATION 2 The confidentiality obligations imposed by this Order shall remain in effect until a 3 Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition 4 shall be deemed to be the later of (1) dismissal of all claims and defenses in this Action, with or 5 without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, 6 rehearings, remands, trials, or reviews of this Action, including the time limits for filing any 7 motions or applications for extension of time pursuant to applicable law. In the event that this case proceeds to trial, the Parties shall use their best efforts to maintain 8 9 the confidentiality of all CONFIDENTIAL Information or Items. 10 The parties understand that information that was designated as CONFIDENTIAL, HIGHLY 11 CONFIDENTIAL, or maintained as CONFIDENTIAL pursuant to this Stipulated Protective Order 12 may become public if it is submitted as an exhibit or otherwise introduced at trial because 13 applicable law may require it to be presumptively available to all members of the public, including 14 the press, unless compelling reasons supported by specific factual findings to proceed otherwise are 15 made to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu, 447 16 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents 17 produced in discovery from “compelling reasons” standard when merits-related documents are part 18 of court record). However, to the extent information that was designated as confidential was not 19 disclosed at trial, or in the event that this matter is resolved before trial, then any information 20 designated CONFIDENTIAL shall remain protected as set forth herein. 21 5. 22 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 23 Non-Party that designates information or items for protection under this Order must take care to 24 limit any such designation to specific material that qualifies under the appropriate standards. The 25 Designating Party must designate for protection only those parts of material, documents, items, or 26 oral or written communications that qualify so that other portions of the material, documents, items, 27 or communications for which protection is not warranted are not swept unjustifiably within the 28 ambit of this Order. 4 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR 1 If it comes to a Designating Party’s attention that information or items that it designated for 2 protection do not qualify for protection, that Designating Party must promptly notify all other 3 Parties that it is withdrawing the inapplicable designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 5 (see, e.g., infra second paragraph of Section 5.2(a)), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 7 designated before the material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic documents, but excluding 10 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix at a 11 minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page 12 that contains protected material. If only a portion or portions of the material on a page qualifies for 13 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 14 appropriate markings in the margins). 15 A Party or Non-Party that makes original documents available for inspection need not 16 designate them for protection until after the inspecting Party has indicated which documents it 17 would like copied and produced. During the inspection and before the designation, all of the 18 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 19 Party has identified the documents it wants copied and produced, the Producing Party must 20 determine which documents, or portions thereof, qualify for protection under this Order. Then, 21 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL 22 legend” to each page that contains Protected Material. If only a portion or portions of the material 23 on a page qualifies for protection, the Producing Party also must clearly identify the protected 24 portion(s) (e.g., by making appropriate markings in the margins). 25 (b) for testimony given in depositions that the Designating Party may identify the Disclosure 26 or Discovery Material on the record, before the close of the deposition all protected testimony. 27 Alternatively, within thirty (30) days after receipt of a transcript, the parties may also designate 28 such transcript or any portion thereof by notifying all parties, in writing, of the specific pages and 5 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR 1 lines of the transcript which should be treated as Confidential Information. All deposition 2 transcripts shall be treated as “CONFIDENTIAL” until thirty (30) days after receipt thereof by 3 counsel for the parties and counsel for the witness. The reporter for any deposition shall mark with 4 the legend “CONFIDENTIAL” pages that contain testimony designated as Confidential 5 Information during the deposition. 6 (c) for information produced in some form other than documentary and for any other 7 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 8 containers in which the information is stored the legend “CONFIDENTIAL.” If only a portion or 9 portions of the information warrants protection, the Producing Party, to the extent practicable, shall 10 identify the protected portion(s). (d) for information that has been produced in this litigation prior to the entry of this order, 11 12 the prior inclusion of a “CONFIDENTIAL” designation on such documents shall serve to make 13 such documents Protected Material, provided that any Designating Party that produced material 14 prior to the entry of this order shall have thirty days from the entry of this order to make further 15 designations and may do so by letter identifying the bates numbers of any documents and without 16 making a second production of documents with the “CONFIDENTIAL” designation applied. 5.3 17 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 18 designate qualified information or items does not, standing alone, waive the Designating Party’s 19 right to secure protection under this Order for such material. Upon timely correction of a 20 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 21 in accordance with the provisions of this Order. 22 6. 23 24 25 26 27 28 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time that is consistent with the Court’s Scheduling Order. 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1. 6.3 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or 6 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR 1 impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to 2 sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, 3 all parties shall continue to afford the material in question the level of protection to which it is 4 entitled under the Producing Party’s designation until the Court rules on the challenge. 5 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 6 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 7 produced by another Party or by a Non-Party in connection with this Action only for prosecuting, 8 defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the 9 categories of persons and under the conditions described in this Order. When the Action has been 10 terminated, a Receiving Party must comply with the provisions of Section 13 below (FINAL 11 DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a 12 13 secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 14 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 15 by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any 16 information or item designated “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees of 17 18 said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 19 this Action; (b) the officers, directors, and employees (including In-House Counsel) of the Receiving 20 21 22 Party; (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 23 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to 24 Be Bound” (Exhibit A), which Acknowledgement shall be disclosed to the opposing Party when 25 that expert is designated to testify in the Action; and that such expert(s) shall retain such 26 Confidential Information only so long as is necessary for the performance of such assistance and 27 may use such information only for providing assistance to counsel in the Action; 28 (d) the Court and its personnel; 7 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR 1 (e) court reporters and their staff; 2 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to whom 3 disclosure is reasonably necessary for this Action; 4 (g) the author or recipient of a document containing the information; 5 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom 6 disclosure is not otherwise permitted in this Section and to whom disclosure is reasonably 7 necessary, provided: (1) the deposing party requests that the witness sign the form attached as 8 Exhibit A hereto; and (2) they will not be permitted to keep any confidential information unless 9 they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 10 by the Designating Party or ordered by the Court. Pages of transcribed deposition testimony or 11 exhibits to depositions that reveal Protected Material may be separately bound by the court reporter 12 and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon 13 14 by any of the parties engaged in settlement discussions; and (j) Such other person as hereafter may be designated by written agreement of all Parties to 15 16 the Action or by order of the Court, such order obtained on noticed motion (or on shortened time as 17 the Court may allow), permitting such disclosure. 18 Any information or item designated “HIGHLY CONFIDENTIAL” shall be treated 19 identically to information or items designated “CONFIDENTIAL” under the terms of this Order, 20 with the exceptions that Highly Confidential Information may not be reviewed by the officers, 21 directors, and employees of the Receiving Party, or Plaintiff or any putative class member. 22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 23 IN OTHER LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation that compels 25 disclosure of any information or items designated in this Action as “CONFIDENTIAL” or 26 “HIGHLY CONFIDENTIAL” that Party must: 27 28 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 8 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR (b) promptly notify in writing the party who caused the subpoena or order to issue in the 1 2 other litigation that some or all of the material covered by the subpoena or order is subject to this 3 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 4 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 5 Designating Party whose Protected Material may be affected, provided however, that the party in 6 possession of the Confidential Information shall not be obligated to affirmatively prevent the 7 disclosure of the Confidential Information, except as explicitly required in this Section 8. 8 If the Designating Party timely seeks a protective order, the Party served with the subpoena or court 9 order shall not produce any information designated in this action as “CONFIDENTIAL” or 10 “HIGHLY CONFIDENTIAL” before a determination by the Court from which the subpoena or 11 order issued, unless the Party has obtained the Designating Party’s permission. The Designating 12 Party shall bear the burden and expense of seeking protection in that court of its confidential 13 material and nothing in these provisions should be construed as authorizing or encouraging a 14 Receiving Party in this Action to disobey a lawful directive from another court. 15 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 16 IN THIS LITIGATION 17 (a) The terms of this Order are applicable to information produced by a Non-Party in this 18 Action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” Such information 19 produced by Non-Parties in connection with this litigation is protected by the remedies and relief 20 provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party 21 from seeking additional protections. 22 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 23 Party’s confidential information in its possession, and the Party is subject to an agreement with the 24 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 26 all of the information requested is subject to a confidentiality agreement with a Non-Party; 27 28 9 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 1 2 this Action, the relevant discovery request(s), and a reasonably specific description of the 3 information requested; and (3) make the information requested available for inspection by the Non-Party, if 4 5 requested. 6 (c) If the Non-Party fails to seek a protective order from this Court within 14 days of 7 receiving the notice and accompanying information, the Receiving Party may produce the Non- 8 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks 9 a protective order, the Receiving Party shall not produce any information in its possession or 10 control that is subject to the confidentiality agreement with the Non-Party before a determination by 11 the Court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 12 seeking protection in this Court of its Protected Material. 13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 14 15 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 16 the Receiving Party must immediately (a) notify in writing the Designating Party of the 17 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 18 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 19 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 20 Agreement to Be Bound” that is attached hereto as Exhibit A. 21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 22 PROTECTED MATERIAL 23 Pursuant to Fed. R. Evid. 502(d), disclosure of privileged or otherwise protected information 24 is not waived for purposes of other actions or proceedings by inadvertent disclosure in this action. In 25 the event any document is produced that the Producing Party later claims is protected by the 26 attorney-client privilege, work product doctrine or other privilege or immunity, the production shall 27 not be deemed a waiver or impairment of any claim of privilege or protection or the subject matter 28 thereof, provided that the Producing Party shall immediately notify the Receiving Party in writing 10 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR 1 when the inadvertent production is discovered. Within five (5) business days of receiving written 2 notice from the Producing Party that privileged or protected information has been inadvertently 3 produced, the Receiving Party shall (a) return all such information, and all copies thereof, to the 4 Producing Party, reviewing such information (if at all) no more than is permitted by the applicable 5 ethical rules; (b) take all reasonable steps to retrieve the information if the Receiving 6 Party disclosed it before being notified; and (c) certify that any materials prepared by the Receiving 7 Party incorporating such information, such as notes, memoranda, etc., have been destroyed. If the 8 Receiving Party wishes to challenge the claimed privilege, work-product protection or immunity, the 9 Receiving Party must still comply with (a) and (b) in the preceding paragraph, except that the 10 Receiving Party may retain any notes referencing the Confidential Information insofar as such 11 retention is permitted by the applicable ethical rules and the notes are necessary to comply with 12 Local Rule 37. In the event the Receiving Party wishes to challenge the claimed privilege, work-product 13 14 protection or immunity, the parties shall comply with Local Rule 37 in resolving their dispute. The 15 parties agree any permissible retention of notes referencing the Confidential Information for the sole 16 purpose of complying with Local Rule 37 shall not be grounds for arguing that the document is not 17 privileged, work product-protected or otherwise immune, or that any privilege, protection or 18 immunity was waived thereby. During the pendency of the Local Rule 37 process, the 19 Receiving Party shall make no other use or disclosure of the subject material or the information 20 contained therein. If the motion is unsuccessful, the Receiving Party shall comply with (c) in the 21 preceding paragraph. 22 12. 23 24 25 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 26 no Party waives any right it otherwise would have to object to disclosing or producing any 27 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 28 11 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR 1 Party waives any right to object on any ground to use in evidence of any of the material covered by 2 this Protective Order. 12.3 3 Filing Protected Material. A Party that seeks to file under seal any Protected Material 4 must comply with Local Rule 79-5 and any other applicable rules. Protected Material may only be 5 filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material 6 at issue. If a Party's request to file Protected Material under seal is denied by the Court, then the 7 Receiving Party may file the information in the public record unless otherwise instructed by the 8 Court. 9 13. FINAL DISPOSITION After the final disposition of this Action, as defined in Section 4, each Receiving Party, 10 11 including any person that received Protected Material pursuant to Section 7.2(c), must return all 12 Protected Material to the Producing Party within 60 days. As used in this subdivision, “all 13 Protected Material” includes all copies, abstracts, compilations, summaries, and any other format 14 reproducing or capturing any of the Protected Material. The Receiving Party must submit a written 15 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 16 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 17 that was returned and (2) affirms that the Receiving Party has not retained any copies, abstracts, 18 compilations, summaries or any other format reproducing or capturing any of the Protected 19 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 20 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 21 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 22 and expert work product, even if such materials contain Protected Material. Any such archival 23 copies that contain or constitute Protected Material remain subject to this Protective Order as set 24 forth in Section 4 (DURATION). 25 14. 26 VIOLATION OF ORDER Any violation of this Order may be punished by any and all appropriate measures including, 27 without limitation, contempt proceedings and/or monetary sanctions. 28 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR 1 Dated: May 1, 2017 Respectfully submitted, THE LAW OFFICE OF KEITH ALTMAN 2 3 By: /s/ Keith Altman Keith Altman Attorneys for Plaintiff Sidney Greenbaum 4 5 6 7 8 Dated: May 1, 2017 SIDLEY AUSTIN LLP 9 By: /s/ Amy P. Lally Amy P. Lally Attorneys for Defendant KC Jewelry 10 11 12 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 13 14 DATED: May 9, 2017 Hon. Jean P. Rosenbluth United States Magistrate Judge 15 16 17 FILER’S ATTESTATION Pursuant to Local Rule 5-4.3.4(2)(i), I, Amy P. Lally, attest that Keith Altman provided his 18 authority and concurrence to file the instant document and place his electronic signature on the 19 documents as set forth above. 20 21 By: /s/ Amy P. Lally Amy P. Lally 22 23 24 25 26 27 28 13 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, __________________________ [name], of _________________ [address], 4 declare under penalty of perjury that I have read in its entirety and understand the Stipulated 5 Protective Order that was issued by the United States District Court for the Central District of 6 California on ___________ [date] in the case of Greenbaum v. KC Jewelry, Case No. 16-CV- 7 06845-SVW-JPR. I agree to comply with and to be bound by all the terms of this Stipulated 8 Protective Order and I understand and acknowledge that failure to so comply could expose me to 9 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in 10 any manner any information or item that is subject to this Stipulated Protective Order to any 11 person or entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the 13 Central District of California for the purpose of enforcing the terms of this Stipulated Protective 14 Order, even if such enforcement proceedings occur after termination of this action. I hereby 15 appoint ________________________________________________________ [full name] of 16 _______________________________________ [full address and telephone number] as my 17 California agent for service of process in connection with this action or any proceedings related to 18 enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 Printed name: _______________________________ 23 Signature: __________________________________ 24 25 26 27 28 1 [PROPOSED] STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 16-CV-06845-SVW-JPR

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?