Chanel Inc v. Efren Ceron

Filing 24

STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams re Stipulation for Protective Order 22 (ch)

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1 2 3 4 5 Kevin R. Lussier (SBN 143821) Kim D. Ashley (SBN 253160) VEATCH CARLSON, LLP 1055 Wilshire Boulevard, 11th Floor Los Angeles, CA 90017 Tel: (213) 381-2861 Fax: (213) 383-6370 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 CHANEL, INC., 13 14 15 Plaintiff, v. EFREN CERON A/K/A EFREN CERON, JR., an individual, et al., 16 Defendant. 17 ) ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-06938-AB-PLAx STIPULATED PROTECTIVE ORDER 18 19 1. A. PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, proprietary, or 21 private information for which special protection from public disclosure and from use for any 22 purpose other than prosecuting this litigation may be warranted. Accordingly, the parties 23 hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. 24 The parties acknowledge that this Order does not confer blanket protections on all 25 disclosures or responses to discovery and that the protection it affords from public disclosure 26 and use extends only to the limited information or items that are entitled to confidential 27 treatment under the applicable legal principles. The parties further acknowledge, as set forth 28 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 1 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must 2 be followed and the standards that will be applied when a party seeks permission from the 3 court to file material under seal. 4 B. GOOD CAUSE STATEMENT 5 This action is likely to involve trade secrets, customer and pricing lists, information 6 received from non-parties containing confidential commercial information, and other 7 valuable commercial, financial, and/or proprietary information for which special protection 8 from public disclosure and from use for any purpose other than prosecution of this action is 9 warranted. Such confidential and proprietary materials and information consist of, among 10 other things, confidential business or financial information, information regarding 11 confidential business practices, or other confidential commercial information (including 12 information potentially implicating privacy rights of non-parties and/or their customers), 13 information otherwise generally unavailable to the public, or which may be privileged or 14 otherwise protected from disclosure under state or federal statutes, court rules, case 15 decisions, or common law. Accordingly, to expedite the flow of information, to facilitate 16 the prompt resolution of disputes over confidentiality of discovery materials, to adequately 17 protect information the parties are entitled to keep confidential, to ensure that the parties are 18 permitted reasonable necessary uses of such material in preparation for and in the conduct 19 of trial, to address their handling at the end of the litigation, and serve the ends of justice, a 20 protective order for such information is justified in this matter. It is the intent of the parties 21 that information will not be designated as confidential for tactical reasons and that nothing 22 be so designated without a good faith belief that it has been maintained in a confidential, 23 non-public manner, and there is good cause why it should not be part of the public record of 24 this case. 25 2. DEFINITIONS 26 2.1 Action: this pending federal law suit. 27 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 28 information or items under this Order. 2 1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 2 is generated, stored or maintained) or tangible things that qualify for protection under 3 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 4 5 6 7 8 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.6 Disclosure or Discovery Material: all items or information, regardless of the 9 medium or manner in which it is generated, stored, or maintained (including, among other 10 things, testimony, transcripts, and tangible things), that are produced or generated in 11 disclosures or responses to discovery in this matter. 12 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent 13 to the litigation who has been retained by a Party or its counsel to serve as an expert witness 14 or as a consultant in this Action. 15 16 17 18 2.8 House Counsel: attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 19 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this 20 Action but are retained to represent or advise a party to this Action and have appeared in this 21 Action on behalf of that party or are affiliated with a law firm that has appeared on behalf 22 of that party, including support staff. 23 2.11 Party: any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, and Outside Counsel of Record (and their support 25 staffs). 26 27 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 28 3 1 2.13 Professional Vendors: persons or entities that provide litigation support 2 services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, 3 and organizing, storing, or retrieving data in any form or medium) and their employees and 4 subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 5 6 “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from 7 8 a Producing Party. 9 3. SCOPE 10 The protections conferred by this Stipulation and Order cover not only Protected 11 Material (as defined above), but also (1) any information copied or extracted from Protected 12 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) 13 any testimony, conversations, or presentations by Parties or their Counsel that might reveal 14 Protected Material. Any use of Protected Material at trial shall be governed by the orders of the trial judge. 15 16 This Order does not govern the use of Protected Material at trial. 17 4. DURATION 18 Once a case proceeds to trial, all of the court-filed information to be introduced that 19 was previously designated as confidential or maintained pursuant to this protective order 20 becomes public and will be presumptively available to all members of the public, including 21 the press, unless compelling reasons supported by specific factual findings to proceed 22 otherwise are made to the trial judge in advance of the trial. See Kamakana v. City and 23 County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” 24 showing for sealing documents produced in discovery from “compelling reasons” standard 25 when merits-related documents are part of court record). Accordingly, the terms of this 26 protective order do not extend beyond the commencement of the trial. 27 28 4 1 2 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 3 Party or Non-Party that designates information or items for protection under this Order must 4 take care to limit any such designation to specific material that qualifies under the 5 appropriate standards. The Designating Party must designate for protection only those parts 6 of material, documents, items, or oral or written communications that qualify so that other 7 portions of the material, documents, items, or communications for which protection is not 8 warranted are not swept unjustifiably within the ambit of this Order. 9 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 10 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 11 unnecessarily encumber the case development process or to impose unnecessary expenses 12 and burdens on other parties) may expose the Designating Party to sanctions. 13 If it comes to a Designating Party’s attention that information or items that it 14 designated for protection do not qualify for protection, that Designating Party must promptly 15 notify all other Parties that it is withdrawing the inapplicable designation. 16 5.2 Manner and Timing of Designations. Except as otherwise provided in this 17 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 18 ordered, Disclosure or Discovery Material that qualifies for protection under this Order must 19 be clearly so designated before the material is disclosed or produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic documents, but 22 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 23 Party affix, at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL 24 legend”), to each page that contains protected material. If only a portion or portions of the 25 material on a page qualifies for protection, the Producing Party also must clearly identify the 26 protected portion(s) (e.g., by making appropriate markings in the margins). 27 A Party or Non-Party that makes original documents available for inspection need not 28 designate them for protection until after the inspecting Party has indicated which documents 5 1 it would like copied and produced. During the inspection and before the designation, all of 2 the material made available for inspection shall be deemed “CONFIDENTIAL.” After the 3 inspecting Party has identified the documents it wants copied and produced, the Producing 4 Party must determine which documents, or portions thereof, qualify for protection under this 5 Order. Then, before producing the specified documents, the Producing Party must affix the 6 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a portion 7 or portions of the material on a page qualifies for protection, the Producing Party also must 8 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 9 margins). 10 (b) for testimony given in depositions that the Designating Party identify the 11 Disclosure or Discovery Material on the record, before the close of the deposition. Failure 12 to designate testimony or exhibits at a deposition, however, shall not waive the protected 13 status of the testimony or exhibits. The deponent, or counsel for the deponent, may designate 14 specific testimony or exhibits as “CONFIDENTIAL” Information or Items within thirty (30) 15 calendar days after receiving the transcript of the deposition. During the thirty (30) calendar 16 days after receiving the transcript of the deposition, all testimony and exhibits shall be 17 treated as thought designated “CONFIDENTIAL.” If the deponent or Party fails to designate 18 the transcript or exhibits as Protected Material within the above-described thirty-day period, 19 any Party shall be entitled to treat the transcript or exhibits as containing no Protected 20 Material. 21 (c) for information produced in some form other than documentary and for any 22 other tangible items, that the Producing Party affix in a prominent place on the exterior of 23 the container or containers in which the information is stored the legend 24 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, the 25 Producing Party, to the extent practicable, shall identify the protected portion(s). 26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 27 designate qualified information or items does not, standing alone, waive the Designating 28 Party’s right to secure protection under this Order for such material. Upon timely correction 6 1 of a designation, the Receiving Party must make reasonable efforts to assure that the material 2 is treated in accordance with the provisions of this Order. 3 6. 6.1 4 5 CHALLENGING CONFIDENTIALITY DESIGNATIONS 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 6 Meet and Confer. The Challenging Party shall initiate the dispute resolution 7 process under Local Rule 37.1, et seq. Any discovery motion must strictly comply with the 8 procedures set forth in Local Rules 37-1, 37-2, and 37-3. 6.3 9 Burden. The burden of persuasion in any such challenge proceeding shall be 10 on the Designating Party. Frivolous challenges, and those made for an improper purpose 11 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose 12 the Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 13 the confidentiality designation, all parties shall continue to afford the material in question 14 the level of protection to which it is entitled under the Producing Party’s designation until 15 the Court rules on the challenge. 16 7. 17 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this Action 19 only for prosecuting, defending, or attempting to settle this Action. Such Protected Material 20 may be disclosed only to the categories of persons and under the conditions described in this 21 Order. When the Action has been terminated, a Receiving Party must comply with the 22 provisions of section 13 below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a location 24 and in a secure manner that ensures that access is limited to the persons authorized under this 25 Order. 26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 27 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may 28 disclose any information or item designated “CONFIDENTIAL” only to: 7 1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 2 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose 3 the information for this Action; 4 5 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 7 is reasonably necessary for this Action and who have signed the “Acknowledgment and 8 Agreement to Be Bound” (Exhibit A); 9 (d) the Court and its personnel; 10 (e) court reporters and their staff; 11 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 12 to whom disclosure is reasonably necessary for this Action and who have signed the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 15 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 16 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action 17 to whom disclosure is reasonably necessary provided: (1) the deposing party requests that 18 the witness sign the form attached as Exhibit 1 hereto; and (2) they will not be permitted to 19 keep any confidential information unless they sign the “Acknowledgment and Agreement 20 to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by 21 the Court. Pages of transcribed deposition testimony or exhibits to depositions that reveal 22 Protected Material may be separately bound by the court reporter and may not be disclosed 23 to anyone except as permitted under this Stipulated Protective Order; and 24 25 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 26 27 28 8 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that 4 compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification shall 6 7 include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to issue 9 in the other litigation that some or all of the material covered by the subpoena or order is 10 subject to this Protective Order. Such notification shall include a copy of this Stipulated 11 Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the 12 13 Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 17 issued, unless the Party has obtained the Designating Party’s permission. The Designating 18 Party shall bear the burden and expense of seeking protection in that court of its confidential 19 material and nothing in these provisions should be construed as authorizing or encouraging 20 a Receiving Party in this Action to disobey a lawful directive from another court. 21 9. 22 IN THIS LITIGATION A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 23 (a) The terms of this Order are applicable to information produced by a Non-Party 24 in this Action and designated as “CONFIDENTIAL.” Such information produced by Non- 25 Parties in connection with this litigation is protected by the remedies and relief provided by 26 this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from 27 seeking additional protections. 28 9 1 (b) In the event that a Party is required, by a valid discovery request, to produce 2 a Non-Party’s confidential information in its possession, and the Party is subject to an 3 agreement with the Non-Party not to produce the Non-Party’s confidential information, then 4 the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non-Party that 6 some or all of the information requested is subject to a confidentiality agreement with a Non- 7 Party; 8 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 9 Order in this Action, the relevant discovery request(s), and a reasonably specific description 10 of the information requested; and (3) make the information requested available for inspection by the Non-Party, 11 12 if requested. 13 (c) If the Non-Party fails to seek a protective order from this Court within 14 days 14 of receiving the notice and accompanying information, the Receiving Party may produce the 15 Non-Party’s confidential information responsive to the discovery request. If the Non-Party 16 timely seeks a protective order, the Receiving Party shall not produce any information in its 17 possession or control that is subject to the confidentiality agreement with the Non-Party 18 before a determination by the Court. Absent a court order to the contrary, the Non-Party 19 shall bear the burden and expense of seeking protection in this Court of its Protected 20 Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this Stipulated 24 Protective Order, the Receiving Party must immediately (a) notify in writing the Designating 25 Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized 26 copies of the Protected Material, (c) inform the person or persons to whom unauthorized 27 disclosures were made of all the terms of this Order, and (d) request such person or persons 28 10 1 to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as 2 Exhibit A. 3 11. 4 PROTECTED MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 When a Producing Party gives notice to Receiving Parties that certain inadvertently 6 produced material is subject to a claim of privilege or other protection, the obligations of the 7 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 8 provision is not intended to modify whatever procedure may be established in an e-discovery 9 order that provides for production without prior privilege review. Pursuant to Federal Rule 10 of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of 11 disclosure of a communication or information covered by the attorney-client privilege or 12 work product protection, the parties may incorporate their agreement in the stipulated 13 protective order submitted to the Court. 14 12. 15 16 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. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 18 Order, no Party waives any right it otherwise would have to object to disclosing or producing 19 any information or item on any ground not addressed in this Stipulated Protective Order. 20 Similarly, no Party waives any right to object on any ground to use in evidence of any of the 21 material covered by this Protective Order. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 23 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 24 under seal pursuant to a court order authorizing the sealing of the specific Protected Material 25 at issue; good cause must be shown in the request to file under seal. If a Party’s request to 26 file Protected Material under seal is denied by the Court, then the Receiving Party may file 27 the information in the public record unless otherwise instructed by the Court. 28 11 1 13. FINAL DISPOSITION 2 After the final disposition of this Action, within 60 days of a written request by the 3 Designating Party, each Receiving Party must return all Protected Material to the Producing 4 Party or destroy such material. As used in this subdivision, “all Protected Material” includes 5 all copies, abstracts, compilations, summaries, and any other format reproducing or capturing 6 any of the Protected Material. Whether the Protected Material is returned or destroyed, the 7 Receiving Party must submit a written certification to the Producing Party (and, if not the 8 same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 9 category, where appropriate) all the Protected Material that was returned or destroyed and 10 (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, 11 summaries or any other format reproducing or capturing any of the Protected Material. 12 Notwithstanding this provision, counsel are entitled to retain an archival copy of all 13 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 14 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 15 consultant and expert work product, even if such materials contain Protected Material. Any 16 such archival copies that contain or constitute Protected Material remain subject to this 17 Protective Order as set forth in Section 4 (DURATION). 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 12 1 14. Any violation of this Order may be punished by any and all appropriate measures 2 including, without limitation, contempt proceedings and/or monetary sanctions. 3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 5 DATED: May 19, 2017 6 VEATCH CARLSON, LLP 7 8 9 10 11 12 By: /s/ Kevin R. Lussier Kevin R. Lussier Attorneys for Plaintiff CHANEL, INC. DATED: May 19, 2017 TINGLEY LAW GROUP, PC 13 14 15 16 17 By: /s/ Kevin W. Isaacson Kevin W. Isaacson Attorneys for Defendant EFREN CERON 18 ECF CERTIFICATION The filing attorneys attest that they have obtained concurrence regarding the filing of this 20 document from the other signatory to this document. 19 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 DATED: May 28, 2017 24 25 26 _____________________________________ Paul L. Abrams 27 United States Magistrate Judge 28 13 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _____________________________________ [print or type full address], declare under 6 penalty of perjury that I have read in its entirety and understand the Stipulated Protective 7 Order that was issued by the United States District Court for the Central District of California 8 on [date] in the case of Chanel, Inc. v. Efren Ceron, Case No. 2:16-cv-06938-AB-PLA. I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective Order and 10 I understand and acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose in any 12 manner any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this action. 17 I hereby appoint _____________________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone 19 number] as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 26 Signature: __________________________________ 27 28 14

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