Bell Sports, Inc. v. Aspen Specialty Insurance Company et al

Filing 23

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order 22 : (see attached) (jm)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8
9
10
11
12
13
14
15

FOR THE CENTRAL DISTRICT OF CALIFORNIA
Case No.: 2:16-cv-08409-CAS-FFM
BELL SPORTS, INC., a California
corporation,
(Consolidated for discovery purposes
Plaintiff,
with Case No. 2:15-cv-06234)
v.
PROTECTIVE ORDER and FRE
ASPEN SPECIALTY INSURANCE
502(d) ORDER
COMPANY, a North Dakota
Corporation, and DOES 1-100, inclusive,
Defendant.

16
17

Referred for all discovery matters to
Hon. Frederick F. Mumm

18
19

Complaint filed: September 29, 2016

A.

PURPOSES AND LIMITATIONS

20

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

21

or private information for which special protection from public disclosure and from use

22

for any purpose other than prosecuting this litigation may be warranted. Accordingly, the

23

parties hereby stipulate to and petition the Court to enter the following Stipulated

24

Protective Order. The parties acknowledge that this Order does not confer blanket

25

protections on all disclosures or responses to discovery and that the protection it affords

26

from public disclosure and use extends only to the limited information or items that are

27

entitled to confidential treatment under the applicable legal principles. The parties further

28

acknowledge, as set forth in Section N.3., below, that this Stipulated Protective Order
1
PROTECTIVE ORDER, CASE NO. 2:15-cv-06324
116324.1

1

does not entitle them to file confidential information under seal; Civil Local Rule 79-5

2

sets forth the procedures that must be followed and the standards that will be applied

3

when a party seeks permission from the court to file material under seal.

4

B.

GOOD CAUSE STATEMENT

5

This action is likely to involve trade secrets and other valuable research,

6

development, commercial, financial, technical and/or proprietary information for which

7

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

8

prosecution of this action is warranted. Such confidential and proprietary materials and

9

information consist of, among other things, confidential insurance claim information,

10

information regarding confidential business practices, and sensitive information related to

11

ongoing underlying litigation, or information which may be privileged or otherwise

12

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

13

common law. Such information may also include “protected health information,” as that

14

phrase is defined in 45 C.F.R. § 160.103, that is subject to protection under the Health

15

Insurance Portability and Accountability Act of 1996 (“HIPAA”).

16

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

17

of disputes over confidentiality of discovery materials, to adequately protect information

18

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

19

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

20

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

21

protective order for such information is justified in this matter. It is the intent of the

22

parties that information will not be designated as confidential for tactical reasons and that

23

nothing be so designated without a good faith belief that it has been maintained in a

24

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

25

public record of this case.

26

///

27

///

28

C.

DEFINITIONS
2
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409

116324.1

1

The terms in this Protective Order are defined as follows:

2

1.

Action: this pending federal law suit.

3

2.

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

4

information or items under this Order.
3.

5

“CONFIDENTIAL” Information or Items: information (regardless of

6

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

7

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

8

Statement.

9

4.

Counsel: Outside Counsel of Record and House Counsel (including their

10

support staff).

11

5.

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

12

items produced by any source in disclosures or in responses to discovery as

13

“CONFIDENTIAL.”
6.

14

Disclosure or Discovery Material: all items or information, regardless of

15

the medium or manner in which it is generated, stored, or maintained (including, among

16

other things, testimony, transcripts, and tangible things), that are produced or generated in

17

disclosures or responses to discovery in this matter.
7.

18

Expert: a person with specialized knowledge or experience in a matter

19

pertinent to the litigation who has been retained by a Party or its counsel to serve as an

20

expert witness or as a consultant in this Action.
8.

21
22

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.
9.

23

Legend. “Legend” means the following mark (or its substantial equivalent):

24

“CONFIDENTIAL: Subject to Protective Order – United States

25

District Court for the Central District of California, Case No.

26

2:16-cv-08409”

27

///

28
3
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

10.

1
2

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

other legal entity not named as a Party to this action.
11.

3

Outside Counsel of Record: attorneys who are not employees of a party to

4

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

5

appeared in this Action on behalf of that party or are affiliated with a law firm which has

6

appeared on behalf of that party, and includes support staff.
12.

7

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

8

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

9

support staffs).

10

13.

11

Producing Party:

a Party or Non-Party that produces Disclosure or

Discovery Material in this Action.
14.

12

Professional Vendors: persons or entities that provide litigation support

13

services

14

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

15

their employees and subcontractors.
15.

16
17

(e.g.,

photocopying,

videotaping,

translating,

preparing

exhibits

or

Protected Material: any Disclosure or Discovery Material that is designated

as “CONFIDENTIAL.”
16.

18

Receiving Party: a Party that receives Disclosure or Discovery Material

19

from a Producing Party.

20

D.

SCOPE

21

The protections conferred by this Stipulation and Order cover not only Protected

22

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

23

Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

24

Material; and (3) any testimony, conversations, or presentations by Parties or their

25

Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the trial

26
27

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

28

///
4
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

1

E.

DURATION

2

Even after final disposition of this litigation, the confidentiality obligations

3

imposed by this Order shall remain in effect until a Designating Party agrees otherwise in

4

writing or a court order otherwise directs. Final disposition shall be deemed to be the

5

later of (1) dismissal of all claims and defenses in this Action, with or without prejudice;

6

and (2) final judgment herein after the completion and exhaustion of all appeals,

7

rehearings, remands, trials, or reviews of this Action, including the time limits for filing

8

any motions or applications for extension of time pursuant to applicable law.

9

F.

DESIGNATING PROTECTED MATERIAL
1.

10

Exercise of Restraint and Care in Designating Material for Protection. Each

11

Party or Non-Party that designates information or items for protection under this Order

12

must take care to limit any such designation to specific material that qualifies under the

13

appropriate standards. The Designating Party must designate for protection only those

14

parts of material, documents, items, or oral or written communications that qualify so that

15

other portions of the material, documents, items, or communications for which protection

16

is not warranted are not swept unjustifiably within the ambit of this Order.

17

Mass, indiscriminate, or routinized designations are prohibited. Designations that

18

are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

19

to unnecessarily encumber the case development process or to impose unnecessary

20

expenses and burdens on other parties) may expose the Designating Party to sanctions.

21

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

22

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

23

promptly notify all other Parties that it is withdrawing the inapplicable designation.
2.

24

Manner and Timing of Designations. Except as otherwise provided in this

25

Order (see, e.g., second paragraph of section F.2.a. below), or as otherwise stipulated or

26

ordered, Disclosure or Discovery Material that qualifies for protection under this Order

27

must be clearly so designated before the material is disclosed or produced.

28

///
5
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

Designation in conformity with this Order requires:

1

a.

2

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

3

documents, but excluding transcripts of depositions or other pretrial or trial proceedings),

4

that the Producing Party affix at a minimum, the Legend, to each page that contains

5

protected material. If only a portion or portions of the material on a page qualifies for

6

protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

7

by making appropriate markings in the margins).

8

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

9

not designate them for protection until after the inspecting Party has indicated which

10

documents it would like copied and produced. During the inspection and before the

11

designation, all of the material made available for inspection shall be deemed

12

“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

13

copied and produced, the Producing Party must determine which documents, or portions

14

thereof, qualify for protection under this Order. Then, before producing the specified

15

documents, the Producing Party must affix the Legend to each page that contains

16

Protected Material. If only a portion or portions of the material on a page qualifies for

17

protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

18

by making appropriate markings in the margins).

19

Any Documents containing "protected health information," as that phrase is

20

defined in 45 C.F.R. § 160.103, that is subject to protection under HIPAA shall be

21

considered as HIPAA Protected Material, subject to the protection of this Protective

22

Order, whether each page is marked with the Legend or not.

23

designate "protected health information" should label the Documents as “HIPAA

24

Protected Material” and may do so (i) in the manner provided at paragraphs F.2.a. above;

25

(ii) by notifying all other Parties to this litigation in writing that a defined category of

26

Documents may contain "protected health information," which written notice shall result

27

in all documents within the identified category being treated as HIPAA Protected

28

Material, subject to protection of this Protective Order; or (iii) by affixing the Legend to
6
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

A Party wishing to

1

the exterior of the deposition transcript, non-paper medium, or other file that contains a

2

defined category of documents that the Producing Party intends to designate as HIPAA

3

Protected Material. The Producing Party has the sole obligation to designate Documents

4

or categories of Documents as containing "protected health information."
b.

5

for testimony given in depositions that the Designating Party

6

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

7

deposition all protected testimony.
c.

8

for information produced in some form other than documentary and

9

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

10

exterior of the container or containers in which the information is stored the Legend. If

11

only a portion or portions of the information warrants protection, the Producing Party, to

12

the extent practicable, shall identify the protected portion(s).
3.

13

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

14

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

15

Designating Party’s right to secure protection under this Order for such material. Upon

16

timely correction of a designation, the Receiving Party must make reasonable efforts to

17

assure that the material is treated in accordance with the provisions of this Order.

18

G.

1.

19
20

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.
2.

21
22

CHALLENGING CONFIDENTIALITY DESIGNATIONS

Meet and Confer. The Challenging Party shall initiate the dispute resolution

process under Local Rule 37.1 et seq.
3.

23

Burden. The burden of persuasion in any such challenge proceeding shall be

24

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

25

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose

26

the Challenging Party to sanctions.

27

withdrawn the confidentiality designation, all parties shall continue to afford the material

28

///

Unless the Designating Party has waived or

7
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

1

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

2

designation until the Court rules on the challenge.

3

H.

ACCESS TO AND USE OF PROTECTED MATERIAL
1.

4

Basic Principles. A Receiving Party may use Protected Material that is

5

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

6

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

7

Material may be disclosed only to the categories of persons and under the conditions

8

described in this Order. When the Action has been terminated, a Receiving Party must

9

comply with the provisions of Section N. below (FINAL DISPOSITION).
2.

10

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

11

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

12

authorized under this Order.
3.

13

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

14

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

15

may disclose any information or item designated “CONFIDENTIAL” only to:
a.

16

the Receiving Party’s Outside Counsel of Record in this Action, as

17

well as employees of said Outside Counsel of Record to whom it is reasonably necessary

18

to disclose the information for this Action;
b.

19
20

the officers, directors, and employees (including House Counsel) of

the Receiving Party to whom disclosure is reasonably necessary for this Action;
c.

21

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

22

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

23

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

24

d.

the court and its personnel;

25

e.

court reporters and their staff;

26

f.

professional jury or trial consultants, mock jurors, and Professional

27

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

28

the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
8
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

g.

1
2

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;
h.

3

during their depositions, witnesses, and attorneys for witnesses, in the

4

Action to whom disclosure is reasonably necessary provided: (1) the deposing party

5

requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not

6

be permitted to keep any confidential information unless they sign the “Acknowledgment

7

and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating

8

Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to

9

depositions that reveal Protected Material may be separately bound by the court reporter

10

and may not be disclosed to anyone except as permitted under this Stipulated Protective

11

Order; and
i.

12
13

any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions; and
j.

14

reinsurers, retrocessionaires, accountants, regulators, or auditors to

15

whom the Parties have a contractual, statutory, or regulatory obligation to report.

16

I.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

17

OTHER LITIGATION

18

1.

If a Party is served with a subpoena or a court order issued in other litigation

19

that compels disclosure of any information or items designated in this Action as

20

“CONFIDENTIAL,” that Party must:
a.

21
22

promptly notify in writing the Designating Party. Such notification

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

23

promptly notify in writing the party who caused the subpoena or order

24

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

25

order is subject to this Protective Order. Such notification shall include a copy of this

26

Stipulated Protective Order; and
c.

27
28

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.
9
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

2.

1

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

2

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

3

action as “CONFIDENTIAL” before a determination by the court from which the

4

subpoena or order issued, unless the Party has obtained the Designating Party’s

5

permission.

6

protection in that court of its confidential material and nothing in these provisions should

7

be construed as authorizing or encouraging a Receiving Party in this Action to disobey a

8

lawful directive from another court.

9

J.

The Designating Party shall bear the burden and expense of seeking

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

10

PRODUCED IN THIS ACTION

11

1.

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

12

Party in this Action and designated as “CONFIDENTIAL.” Such information produced

13

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

14

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

15

Non-Party from seeking additional protections.
2.

16

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

17

a Non-Party’s confidential information in its possession, and the Party is subject to an

18

agreement with the Non-Party not to produce the Non-Party’s confidential information,

19

then the Party shall:
a.

20

promptly notify in writing the Requesting Party and the Non-Party

21

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

22

with a Non-Party;
b.

23

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

24

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

25

specific description of the information requested; and
c.

26
27

Party, if requested.

28

make the information requested available for inspection by the Non-

///
10
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

3.

1

If the Non-Party fails to seek a protective order from this court within 14

2

days of receiving the notice and accompanying information, the Receiving Party may

3

produce the Non-Party’s confidential information responsive to the discovery request. If

4

the Non-Party timely seeks a protective order, the Receiving Party shall not produce any

5

information in its possession or control that is subject to the confidentiality agreement

6

with the Non-Party before a determination by the court. Absent a court order to the

7

contrary, the Non-Party shall bear the burden and expense of seeking protection in this

8

court of its Protected Material.

9

K.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

10

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

11

Protected Material to any person or in any circumstance not authorized under this

12

Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

13

the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

14

all unauthorized copies of the Protected Material, (c) inform the person or persons to

15

whom unauthorized disclosures were made of all the terms of this Order, and (d) request

16

such person or persons to execute the “Acknowledgment and Agreement to Be Bound”

17

that is attached hereto as Exhibit A.

18

L.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

19

PROTECTED MATERIAL

20

When a Producing Party gives notice to Receiving Parties that certain inadvertently

21

produced material is subject to a claim of privilege or other protection, the obligations of

22

the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).

23

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

24

discovery order that provides for production without prior privilege review. Pursuant to

25

Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the

26

effect of disclosure of a communication or information covered by the attorney-client

27

privilege or work product protection, the parties may incorporate their agreement in the

28

stipulated protective order submitted to the court.
11
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

1

M.

NONWAIVER BY DISCLOSURE

2

1.

3

A.

4
5
6
7
8
9
10

13
14
15
16
17

produced prior to entry of this Order; and (2) thirty days (30) after the date of production
for documents and ESI produced after entry of this Order, the production of documents
and ESI in this case, whether inadvertent or otherwise, shall be without prejudice to and
shall not waive, for purposes of this case or any other federal or state proceeding, any
attorney-client privilege or work product protection that otherwise would apply.
B.

work-product protection does not operate as a waiver in a federal or state proceeding if:
(1) the disclosure is inadvertent; (2) the holder of the privilege or protection took
reasonable steps to prevent disclosure; and (3) the holder promptly took reasonable steps
to rectify the error, including (if applicable) following Federal Rule of Civil Procedure 26
(b)(5)(B).
2.

22
23
24
25
26
27
28

Notification Requirements; Best Efforts of Receiving Party.

A Disclosing Party must promptly notify the party receiving the Protected

19

21

For periods after those described in paragraph 1.A above, the

disclosure of a communication or information covered by the attorney-client privilege or

18

20

Up to and through the later of (1) thirty days (30) after the entry of

this Order with respect to documents and electronically stored information (ESI)

11
12

Scope of Non-Waiver by Disclosure Provisions

Information (“the Receiving Party”), in writing, that it has disclosed Protected
Information without intending a waiver by the disclosure. Upon such notification, the
Receiving Party must - unless it contests the claim of attorney-client privilege or work
product protection in accordance with paragraph 3 - promptly (i) notify the Disclosing
Party that it will make best efforts to identify and return, sequester or destroy (or in the
case of electronically stored information, delete) the Protected Information and any
reasonably accessible copies it has and (ii) provide a certification that it will cease further
review, dissemination, and use of the Protected Information. Within ten business days of
///
12
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

1

receipt of the notification from the Receiving Party, the Disclosing Party must explain as

2

specifically as possible why the Protected Information is privileged.

3

3.

Contesting Claim of Privilege or Work Product Protection.

4

If the Receiving Party contests the claim of attorney-client privilege or work

5

product protection, the Receiving Party must - within twenty eight days of receipt of the

6

notice of disclosure - move the Court for an Order compelling disclosure of the

7

information claimed as unprotected (a “Disclosure Motion”). The Disclosure Motion

8

must be filed under seal and must not assert as a ground for compelling disclosure the

9

fact or circumstances of the disclosure. Pending resolution of the Disclosure Motion, the

10

Receiving Party must not use the challenged information in any way or disclose it to any

11

person other than those required by law to be served with a copy of the sealed Disclosure

12

Motion.

13

4.

14

The parties may stipulate to extend the time periods set forth in paragraphs 2 and 3.

15

5.

16

Nothing in this order overrides any attorney’s ethical responsibilities to refrain

17

from examining or disclosing materials that the attorney knows or reasonably should

18

know to be privileged and to inform the Disclosing Party that such materials have been

19

produced.

Stipulated Time Periods.

Attorney’s Ethical Responsibilities.

20

6.

21

The Disclosing Party retains the burden - upon challenge pursuant to paragraph 3 -

22

Burden of Proving Privilege or Work-Product Protection.

of establishing the privileged or protected nature of the Protected Information.

23

7.

24

Nothing in this Order limits the right of any party to petition the Court for an in

25

In camera Review.

camera review of the Protected Information.

26

8.

Voluntary and Subject Matter Waiver.

27

This Order does not preclude a party from voluntarily waiving the attorney-client

28

privilege or work product protection. The provisions of Federal Rule 502(a) apply when
13
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

1

the Disclosing Party uses or indicates that it may use information produced under this

2

Order to support a claim or defense.

3

9.

Rule 502(b)(2).

4

The provisions of Federal Rule of Evidence 502(b)(2) are inapplicable to the

5

production of Protected Information under this Order.

6

N.

1.

7
8

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

person to seek its modification by the Court in the future.
2.

9

Right to Assert Other Objections.

By stipulating to the entry of this

10

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

11

or producing any information or item on any ground not addressed in this Stipulated

12

Protective Order. Similarly, no Party waives any right to object on any ground to use in

13

evidence of any of the material covered by this Protective Order.
3.

14

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

15

Material must comply with Civil Local Rule 79-5. Protected Material may only be filed

16

under seal pursuant to a court order authorizing the sealing of the specific Protected

17

Material at issue. If a Party's request to file Protected Material under seal is denied by

18

the court, then the Receiving Party may file the information in the public record unless

19

otherwise instructed by the court.

20

O.

FINAL DISPOSITION

21

After the final disposition of this Action, as defined in Section E, within 90 days of

22

a written request by the Designating Party, each Receiving Party must return all Protected

23

Material to the Producing Party or destroy such material. As used in this subdivision, “all

24

Protected Material” includes all copies, abstracts, compilations, summaries, and any other

25

format reproducing or capturing any of the Protected Material. Whether the Protected

26

Material is returned or destroyed, the Receiving Party must submit a written certification

27

to the Producing Party (and, if not the same person or entity, to the Designating Party) by

28

the 90 day deadline that (1) identifies (by category, where appropriate) all the Protected
14
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

1

Material that was returned or destroyed and (2) affirms that the Receiving Party has not

2

retained any copies, abstracts, compilations, summaries or any other format reproducing

3

or capturing any of the Protected Material. Notwithstanding this provision, Counsel are

4

entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and

5

hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits,

6

expert reports, attorney work product, and consultant and expert work product, even if

7

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

8

constitute Protected Material remain subject to this Protective Order as set forth in

9

Section F (DURATION).

10

P.

Any violation of this Order may be punished by any and all appropriate measures

11
12

VIOLATIONS

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

13

IT IS SO ORDERED.

14
15

Dated: February 28, 2017

16
17

/S/FREDERICK F. MUMM
Hon. Frederick F. Mumm
United States Magistrate Judge

18
19
20
21
22
23
24
25
26
27
28
15
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

1
2
3

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

4

[print or type full address], declare under penalty of perjury that I have read in its entirety

5

and understand the Stipulated Protective Order that was issued by the United States

6

District Court for the Central District of California on [date] in the case of Bell Sports,

7

Inc. v. Aspen Specialty Insurance Company, et al., Case No. 2:16-cv-08409. I agree to

8

comply with and to be bound by all the terms of this Stipulated Protective Order and I

9

understand and acknowledge that failure to so comply could expose me to sanctions and

10

punishment in the nature of contempt. I solemnly promise that I will not disclose in any

11

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

12

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

13

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

14

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

15

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

16

action. I hereby appoint __________________________ [print or type full name] of

17

_______________________________________ [print or type full address and telephone

18

number] as my California agent for service of process in connection with this action or

19

any proceedings related to enforcement of this Stipulated Protective Order.

20

Date: ______________________________________

21

City and State where sworn and signed: _________________________________

22
23

Printed name: _______________________________

24
25

Signature: __________________________________

26
27
28
16
PROTECTIVE ORDER, CASE NO. 2:16-cv-08409
116324.1