Richard Strick, M.D. v. United Retirement Plan Consultants, Inc.

Filing 29

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon. Re Stipulation for Protective Order 28 . (ib)

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Amir H. Tadjedin (SBN 186967)
Wendy M. Thomas (SBN 268695)
MARKUN ZUSMAN FRENIERE & COMPTON LLP
17383 Sunset Boulevard, Suite A380
Pacific Palisades, California 90272
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant United Retirement
Plan Consultants, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RICHARD STRICK, M.D., INC. PROFIT

12 SHARING PLAN AND RICHARD A.
13 STRICK,

STIPULATED PROTECTIVE ORDER

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Case No. 2:16-CV-08206-FMO-AFM

Plaintiffs,

Action Filed: November 3, 2016
Trial Date: March 20, 2018

v.

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UNITED RETIREMENT PLAN

17 CONSULTANTS, INC.,
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Defendant.

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STIPULATED PROTECTIVE ORDER

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Plaintiffs Richard Strick, M.D., Inc. Profit Sharing Plan and Richard Strick and

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Defendant United Retirement Plan Consultants, Inc., by and through their respective

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undersigned counsel of record, hereby stipulate as follows:
GOOD CAUSE STATEMENT

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This action is likely to involve trade secrets, customer and pricing lists and

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other valuable research, development, commercial, financial, technical and/or

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proprietary information for which special protection from public disclosure and from

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use for any purpose other than prosecution of this action is warranted. Such

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confidential and proprietary materials and information consist of, among other things,

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confidential business or financial information, information regarding confidential

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business practices, or other confidential research, development, or commercial

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information (including information implicating privacy rights of third parties),

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

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

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decisions, or common law. Accordingly, to expedite the flow of information, to

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facilitate the prompt resolution of disputes over confidentiality of discovery

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materials, to adequately protect information the parties are entitled to keep

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confidential, to ensure that the parties are permitted reasonable necessary uses of such

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material in preparation for and in the conduct of trial, to address their handling at the

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end of the litigation, and serve the ends of justice, a protective order for such

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information is justified in this matter. It is the intent of the parties that information

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will not be designated as confidential for tactical reasons and that nothing be so

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designated without a good faith belief that it has been maintained in a confidential,

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non-public manner, and there is good cause why it should not be part of the public

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record of this case.

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SCOPE OF PROTECTION

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1. This Stipulated Protective Order (the “Protective Order”) shall apply to all

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information, materials or tangible things hereafter subject to discovery in this action,
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STIPULATED PROTECTIVE ORDER

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including, without limitation, documents, testimony and responses produced in the

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course of this litigation by any party or nonparty (the “Producing Party”), which the

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Producing Party designates as “CONFIDENTIAL – SUBJECT TO PROTECTIVE

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ORDER”, referred to as “Confidential Material.”

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2. Confidential Material shall be designated as “CONFIDENTIAL –

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SUBJECT TO PROTECTIVE ORDER” if the Confidential Material contains

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personnel and employee information or non-public financial information.

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3. To the extent that any third party to this litigation (a “Third Party”) wishes

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to become a party to the Protective Order, the Third Party shall execute an

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undertaking in the form of Exhibit A attached hereto. The parties agree to treat any

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Confidential Material produced by the Third Party in accordance with the provisions

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of the Protective Order.

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4. All Confidential Material produced or provided by any Producing Party in

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the instant matter shall be used by the party receiving or reviewing it (the “Receiving

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Party”) only for the purposes of preparing for and conducting the litigation or

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settlement of the instant action and shall not be used for any business, commercial,

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competitive, personal, or other purpose whatsoever.

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5. This Protective Order is entered without prejudice to the right of any party

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to apply to the Court at any time for additional protection, or to relax or rescind the

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restrictions hereof. However, prior to any application to the Court to enlarge or

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reduce the restrictions of this Protective Order, the parties will confer in good faith in

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an effort to resolve such issues and determine by stipulation an appropriate

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modification of the original Protective Order.

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6. Unless and until otherwise ordered by the Court or agreed to in writing by

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the parties, all Confidential Material designated as “CONFIDENTIAL – SUBJECT

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TO PROTECTIVE ORDER” shall be treated as such and shall not be disclosed

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except in accordance with the terms of this Protective Order.

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STIPULATED PROTECTIVE ORDER

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METHOD OF DESIGNATING CONFIDENTIAL INFORMATION

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7. The Producing Party shall designate Confidential Material as such by

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marking each document, pleading, deposition, or tangible thing “CONFIDENTIAL –

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SUBJECT TO PROTECTIVE ORDER” directly on such material. With respect to

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electronic documents, a marking of “CONFIDENTIAL – SUBJECT TO

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PROTECTIVE ORDER” on a disk is sufficient to designate all documents contained

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on the disk as Confidential Material. In the alternative, the Producing Party may

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designate material as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER”

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without marking it directly by providing written notice that certain material is to be

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deemed as Confidential Material. Such notice must provide sufficient specificity.

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8. To designate deposition testimony as Confidential Material, the party

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requesting the designation may state during the deposition which testimony should be

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treated as Confidential Material and request that the Court reporter print that portion

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of the transcript separately and mark it CONFIDENTIAL – SUBJECT TO

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PROTECTIVE ORDER. Notwithstanding the foregoing, within five (5) days of

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receipt of a deposition transcript from the Court reporter, any party shall have the

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right to designate particular deposition testimony and/or exhibits as Confidential

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Material, even if the party failed to designate such information as Confidential

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Material at the time of the deposition. Accordingly, all parties will treat any and all

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deposition transcripts as CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

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for the first ten (10) days after the subject transcript is mailed or delivered to counsel.

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The party making the designation shall be responsible for ensuring that those portions

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of the deposition transcripts and exhibits designated CONFIDENTIAL – SUBJECT

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TO PROTECTIVE ORDER are stamped and bound by the reporter in the manner

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described herein.

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9. In accordance with Fed. R. Civ. Proc. 26(b)(5)(B), if a Producing Party

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inadvertently produces a document that otherwise is not discoverable for reasons of

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the attorney-client privilege or work product immunity or both, such inadvertent
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STIPULATED PROTECTIVE ORDER

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production shall not constitute any waiver of attorney-client privilege or work

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product immunity and all copies of such inadvertently produced documents shall

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promptly be returned by the Receiving Party to the Producing Party upon demand.

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10. If any party or nonparty required to produce materials or information in the

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litigation of the instant matter inadvertently produces any Confidential Material

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without marking it with the appropriate legend, that party may, at any time after its

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inadvertent disclosure, notify all other parties to this action that the material is

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deemed CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER and should be

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treated as such in accordance with the provisions of this Agreement. The Receiving

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Party shall not be liable or responsible for any disclosure of information prior to the

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party’s receipt of the Producing Party’s subsequent designation of Confidential

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Material, other than as specified in the foregoing paragraph. However, a Producing

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Party’s inadvertent or unintentional failure to designate information as

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“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” shall not be deemed a

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waiver in whole or in part of that Producing Party’s claim of confidentiality of the

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Producing Party provided the Producing Party takes prompt action after discovery of

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such omission to notify all parties in writing that such information constitutes

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“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” information.

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11. Upon receipt of notice pursuant to Paragraphs 7, 8 or 10 above that a

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document, tangible thing, deposition transcript, or portion of deposition transcript that

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has been designated CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,

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such material shall be treated CONFIDENTIAL – SUBJECT TO PROTECTIVE

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ORDER. All parties or nonparties in possession of such material shall stamp it with

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the appropriate designation when reproducing it pursuant to Paragraph 12.

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REPRODUCTION OF CONFIDENTIAL MATERIAL

12. No Confidential Material shall be reproduced except as required in
connection with discovery in the instant case.

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STIPULATED PROTECTIVE ORDER

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13. All copies or derivations of Confidential Material shall constitute
Confidential Material as provided in this Agreement and shall be treated as such
14. Nothing herein shall restrict a person authorized to have access to

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Confidential Material from making working copies, abstracts, digests, and/or analyses

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of Confidential Material for use in connection with this action. Such working copies,

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abstracts, digests, and analyses shall be deemed to have the same level of protection

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as the original Confidential Material under the terms of this Protective Order. Further,

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nothing herein shall restrict an authorized recipient from converting or translating

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such information into machine-readable form for incorporation in a data retrieval

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system used in connection with this action, provided that access to such information,

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in whatever form stored or reproduced, shall be limited to authorized recipients.

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USE OF CONFIDENTIAL MATERIAL
15. Confidential Material may be referred to by a Receiving Party or Producing

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Party in papers filed with the Court in the instant action and/or in discovery papers.

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However, if a document containing Confidential Material is filed with the Court, it

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shall be filed under seal in compliance with Local Rule 79-5.1 of the U.S. District

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Court for the Central District of California and Section V of General Order 10-07 of

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the Central District of California (revised August 2, 2010). Any papers containing

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Confidential Material shall indicate clearly what portions are designated as

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CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER. This Protective Order

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does not entitle the Parties to file material under seal. Good cause to file under seal

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must be established by submission of competent evidence via declaration establishing

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that the material sought to be filed under seal qualifies as confidential, privileged or

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otherwise protectable.

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16. Nothing in this Protective Order shall be deemed to alter or otherwise

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amend the Parties’ obligation to follow the procedures set forth in Federal Rules of

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Civil Procedure, the Local Rules of the U.S. District Court for the Central District of

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California or any Order by this Court. To the extent there is any conflict between the
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STIPULATED PROTECTIVE ORDER

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obligations set forth in this Protective Order – which the parties do not believe is the

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case – the Federal Rules of Civil Procedure, the Local Rules of the U.S. District

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Court for the Central District of California and any Order by this Court shall control.

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METHOD FOR OBJECTING TO CONFIDENTIAL DESIGNATION

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17. If any party objects to the designation of any Confidential Material as

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CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER, the objecting party may,

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at any time, request in writing of the designating party that such designation be

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removed. The written request shall specifically identify the precise material or

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information at issue.

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18. The Producing Party shall respond in writing within ten (10) business days

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of the receipt of the written request, or within such other time as may be designated

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by Order of the Court or agreement of the parties. If the Producing Party refuses to

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remove the CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER designation,

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the Producing Party’s written response shall state the reasons for such refusal.

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Notwithstanding the foregoing, failure to provide a timely written response shall be

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deemed a refusal of the request.

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19. If the Producing Party fails to respond to a request or refuses to remove the

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CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER designation, the

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objecting party shall have twenty (20) days from the date the Producing Party refuses

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to remove the CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER

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designation (or, in the case of failure to respond, twenty (20) days from the date such

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response would have been due) to file an appropriate motion raising the issue of

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designation with the Court. It shall be the burden of the objecting party under such

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circumstances to establish that the information so designated is not CONFIDENTIAL

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– SUBJECT TO PROTECTIVE ORDER within the meaning of this Agreement. In

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the event of such a motion, the material at issue may be submitted to the Court for an

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in camera inspection. Until the objecting party files an appropriate motion seeking to

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remove the CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER designation
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STIPULATED PROTECTIVE ORDER

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and obtains relief from the court (or until the Producing Party consents to the removal

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of the designation), the material to which the objecting party objected shall remain

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CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.

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PERSONS QUALIFIED TO RECEIVE OR REVIEW CONFIDENTIAL

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MATERIAL

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20. Confidential Material marked “CONFIDENTIAL – SUBJECT TO

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PROTECTIVE ORDER,” and any documents or things derived therefrom or based

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thereon, may only be disclosed or made available to “Qualified Persons,” who are

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defined to consist of:

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a. The Court and employees of the Court;

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b. Outside Counsel to the parties in this case, including clerical, secretarial

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and paralegal staff employed by such counsel;

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c. Deponents in their deposition or in preparing for their deposition;

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d. Jurors or witnesses testifying at trial or in other court proceedings in this

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case;
e. Experts or consultants and their staff assisting in the prosecution or
defense of this case;
f. Parties and representatives or employees of parties (officers, directors,
employees, trustees, etc.) on a need-to-know basis;
g. Any person who authored or previously received the Confidential

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Material, or who has knowledge of the specific facts identified in such

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materials;

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h. Court reporters and other persons involved in recording deposition
testimony in this action by any means;

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i. Commercial photocopying services ordinarily used by counsel for the

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purposes of photocopying, if such services are deemed reasonably

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necessary under the circumstances;

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STIPULATED PROTECTIVE ORDER

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j. Graphics or design services retained by counsel for a party for purposes

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of preparing demonstrative or other exhibits for deposition, trial or other

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court proceedings;

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k. Jury or trial consulting services retained by counsel for a party; and

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l. Any other person to whom the Producing Party agrees in writing or to

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whom the court authorizes disclosure.
21. Prior to reviewing or receiving Confidential Material in any manner, all

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Qualified Persons under Paragraph 20(k) hereof shall execute an undertaking in the

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form of Exhibit B hereto. Counsel for the party providing Confidential Material to

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such Qualified Person(s) shall maintain a complete record of every original signed

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undertaking obtained from any person pursuant to this paragraph, and shall provide

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the Producing Party’s counsel with a copy of such signed certificate at least thirty

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(30) days after the conclusion of all proceedings, whether by settlement, dismissal,

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judgment or otherwise, and after all appeals have been exhausted. In addition, if the

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identity of outside jury consultants must be disclosed pursuant to Court order, statute

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or otherwise, a copy of all undertakings executed by such consultants shall be

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furnished to the Producing Party upon request.

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22. No Confidential Material shall be disclosed to any persons other than

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Qualified Persons. However, nothing contained herein shall (a) prevent any party

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from disclosing or employing its own Confidential Material as it deems appropriate in

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its sole discretion, or (b) be deemed to impose any restriction on the use or disclosure

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by a party or witness of materials or information obtained independently of the

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discovery proceedings in the instant matter.

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23. In the event that any Qualified Person to whom Confidential Material is

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disclosed ceases his or her involvement in the instant action, his or her access to

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Confidential Material shall be terminated immediately. The provisions of this

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Agreement shall remain in full force and effect as to any such person.

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STIPULATED PROTECTIVE ORDER

24. If any Confidential Material in the possession of a Receiving Party or

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Qualified Person is subpoenaed by any Court, administrative or legislative body, or

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by any other person purporting to have authority to subpoena such materials or

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information, upon becoming aware of the existence of the subpoena, the parties to

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this case shall immediately give notice of the subpoena and deliver of a copy thereof

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to the attorneys for the Producing Party.
25. Counsel for the parties shall take reasonable precautions to prevent the

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unauthorized disclosure of Confidential Material.
USE OF CONFIDENTIAL MATERIAL AT TRIAL

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26. The Protective Order shall not govern the use of Confidential Material at

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trial. Use of Confidential Material at trial shall be governed by orders of the trial

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judge.

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NO PROBATIVE VALUE

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27. This Protective Order shall not abrogate or diminish any contractual,

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statutory, or other legal obligation or right of any Party or person with respect to any

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Confidential Material. The fact that information is marked with a confidentiality

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designation under the Protective Order shall not be deemed to be determinative of

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what a trier of fact may determine to be confidential or proprietary or a trade secret.

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The fact that any information is disclosed, used, or produced in any court proceeding

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in this action with a confidentiality designation shall not be offered in any action or

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proceeding before any court, agency, or tribunal as evidence of or concerning

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whether or not such information is admissible, confidential, or proprietary.

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RIGHT TO ASSERT OTHER OBJECTIONS
28. This Protective Order shall not be construed as waiving any right to assert a

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claim of privilege, relevance, or other grounds for not producing Discovery Material.

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CONCLUSION OF THE LITIGATION

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29. Upon the written request of the Producing Party made within sixty (60)
days of the final disposition of this action, all Confidential Material, and all copies or
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extracts thereof, shall be returned to the Producing Party within thirty (30) days of

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such request or, at the Producing Party’s option, shall promptly be destroyed, except

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that depositions, deposition exhibits, discovery responses, briefs and other court

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papers prepared for use in the instant matter need not be returned or destroyed but

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shall be kept confidential by all counsel for the parties.
30. The binding effect of this Protective Order shall survive termination of this

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action, and the Court shall retain jurisdiction to enforce the Protective Order.
31. The provisions of this Protective Order shall be effective and binding as

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between the parties, counsel, and any Third Parties as of the date of the execution of

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Exhibit “A” hereto.
32. The provisions of this Protective Order shall be effective and binding as

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between the parties, counsel, and any Qualified Person as of the date of the execution

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of Exhibit “B” hereto.

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STIPULATED PROTECTIVE ORDER

SURVIVAL OF OBLIGATIONS

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33. The obligations created by this Protective Order shall survive the

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termination of this action unless otherwise modified by the Court. The Court shall

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retain jurisdiction, even after termination of this action, to enforce this Protective

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Order and to make such amendments and modifications to this Protective Order as

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may be appropriate.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: May 22, 2017

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LUCAS & CAVALIER, LLC

By:

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____________________________________
Daniel S. Strick
Attorneys for Plaintiffs Richard Strick, M.D.,

Inc. Profit Sharing Plan and Richard Strick

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Dated: May 22, 2017

MARKUN ZUSMAN FRENIERE &
COMPTON, LLP

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By:

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____________________________________
Wendy M. Thomas
Attorneys for Defendant United Retirement
Plan Consultants, Inc.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: 5/22/2017

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_____________________________________
ALEXANDER F. MacKINNON
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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THIRD PARTY’S AGREEMENT
TO BE BOUND
BY STIPULATED PROTECTIVE ORDER

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Richard Strick, M.D., Inc. Profit Sharing Plan et al. v. United Retirement

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Plan Consultants, Inc.

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U.S. District Court for the Central District of California, Los Angeles Division Civil

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Action No. CV 2:16-CV-08206-FMO-AFM

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___________________ is a third party to the litigation between named

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Plaintiffs Richard Strick, M.D., Inc. Profit Sharing Plan and Richard Strick and

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Defendant United Retirement Plan Consultants, Inc. and has received a copy of the

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foregoing Stipulated Protective Order, and wishes to become a party thereto.

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Pursuant to paragraph 3 of the Protective Order, _____________________ agrees to

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be bound by the provisions of the Protective Order and ________________________
agrees to treat any Confidential Material in accordance with the terms of the
Protective Order.

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__________________________
(Name)
Date: _________________

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STIPULATED PROTECTIVE ORDER

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EXHIBIT B

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AGREEMENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER

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Richard Strick, M.D., Inc. Profit Sharing Plan et al. v. United Retirement

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Plan Consultants, Inc.

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U.S. District Court for the Central District of California, Los Angeles Division Civil

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Action No. CV 2:16-CV-08206-FMO-AFM

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I, the undersigned, hereby acknowledge that I have received a copy of the
foregoing Stipulated Protective Order, have read same and agree to be bound by all
provisions thereof. I irrevocably submit myself to the jurisdiction of the United
States District Court for the Central District of California, for enforcement of this
Agreement to be Bound. I understand that if I violate the terms of the Protective
Order, I may be subject to an order holding me in contempt of court.

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DATED: ___________________

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STIPULATED PROTECTIVE ORDER