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)

Download PDF
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

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

Why Is My Information Online?