Dale Tiffany, Inc. v. Z-Lite Jenamees, Inc.

Filing 13

PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal, re: Stipulation for Protective Order, 12 . (mz)

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1 HANSON BRIDGETT LLP RAFFI ZEROUNIAN, SBN 236388 2 rzerounian@hansonbridgett.com 555 S. Flower Street, Suite 650 3 Los Angeles, California 90071 Telephone: (415) 995-5044 4 Facsimile: (415) 541-9366 5 HANSON BRIDGETT LLP JANIE THOMPSON, SBN 291622 6 jthompson@hansonbridgett.com 425 Market Street, 26th Floor 7 San Francisco, California 94105 Telephone: (415) 777-3200 8 Facsimile: (415) 541-9366 9 PARKER POE CHRISTOPHER THOMAS (to be admitted pro hac vice) 10 christhomas@parkerpoe.com PNC Plaza 11 301 Fayetteville Street, Suite 1400 Raleigh, NC 27601 12 Telephone: (919) 835-4641 Facsimile: (919) 834-4564 13 14 Attorneys for Defendant Z-LITE JENAMEES, INC. dba Z-LITE 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 19 DALE TIFFANY, INC., a California corporation, 20 Plaintiff, 21 v. 22 Z-LITE JENAMEES, INC., a 23 business entity form unknown doing business as Z-LITE; and DOES 1 24 through 50, inclusive, 25 Case No. 2:17-cv-00431-GW-SS STIPULATED PROTECTIVE ORDER Defendants. 26 27 28 Case No. 2:17-cv-00431-GW-SS 13546967.1 STIPULATED PROTECTIVE ORDER 1 1. PURPOSE AND LIMITS OF THIS ORDER AND THE PARTIES’ 2 GOOD CAUSE STATEMENT. 3 a. Good Cause Statement. This action is likely to involve 4 confidential, proprietary, or private information requiring special protection 5 from public disclosure and from use for any purpose other than this litigation. 6 In particular, this action is likely to involve trade secrets, confidential 7 business agreement of the type that most companies are not willing to allow 8 their competitors, commercial agreements and leases (including those 9 implicating third parties), financial disclosures, and other valuable research, 10 development, commercial, financial, and/or proprietary information for which 11 special protection from public disclosure and from use for any purpose other 12 than prosecution of this action is warranted. Such confidential and 13 proprietary materials and information consist of, among other things, 14 confidential business or financial information, information regarding 15 confidential business practices, or other confidential research, development, 16 or commercial information (including information implicating privacy rights of 17 third parties), information otherwise generally unavailable to the public, or 18 which may be privileged or otherwise protected from disclosure under state 19 or federal statutes, court rules, case decisions, or common law. Accordingly, 20 to expedite the flow of information, to facilitate the prompt resolution of 21 disputes over confidentiality of discovery materials, to adequately protect 22 information the parties are entitled to keep confidential, to ensure that the 23 parties are permitted reasonable necessary uses of such material in 24 preparation for trial, to address their handling at the end of the litigation, and 25 serve the ends of justice, a protective order for such information is justified in 26 this matter. It is the intent of the parties that information will not be 27 designated as confidential for tactical reasons and that nothing be so 28 designated without a good faith belief that it has been maintained in a -213546967.1 STIPULATED PROTECTIVE ORDER Case No. 2:17-cv-00431-GW-SS 1 confidential, non-public manner, and that there is good cause why it should 2 not be part of the public record of this case. 3 b. 4 Limitation of This Order. i. This Order does not confer blanket protections on all 5 disclosures or responses to discovery, and the protection it gives from public 6 disclosure and use extends only to the specific material entitled to 7 confidential treatment under the applicable legal principles. 8 ii. This Order does not supersede the Local Rules, and 9 the parties are required to follow those Rules, the Court’s Standing Order, 10 and all other directives of this Court. In particular, as provided in Section 8, 11 this Order does not automatically authorize the filing under seal of material 12 designated under this Order. Instead, the parties must comply with L.R. 79-5 13 and this Court’s Standing Order if they seek to file anything under seal. As 14 provided in Section 3, all challenges to confidentiality designations shall 15 proceed under L.R. 37-1 through L.R. 37-4. 16 iii. This Order does not govern the use at trial of 17 materials designated under this Order. 18 19 2. DESIGNATING PROTECTED MATERIAL. a. Over-Designation Prohibited. Any party or non-party who 20 designates information or items for protection under this Order as 21 “CONFIDENTIAL” (a “designator”) must only designate specific material that 22 qualifies for such protection pursuant to the appropriate standards set forth 23 in this Order. To the extent practicable, only those parts of documents, 24 items, or oral or written communications that require protection shall be 25 designated. Mass, indiscriminate, or routinized designations are prohibited. 26 Unjustified designations expose the designator to sanctions, including the 27 Court’s striking all confidentiality designations made by that designator. 28 Designation under this Order is allowed only if the designation is necessary -313546967.1 STIPULATED PROTECTIVE ORDER Case No. 2:17-cv-00431-GW-SS 1 to protect material that, if disclosed to persons not authorized to view it, 2 would cause competitive or other recognized harm. Material may not be 3 designated if it has been made public, or if designation is otherwise 4 unnecessary to protect a secrecy interest. 5 b. Manner and Timing of Designations. Designation under 6 this Order requires the designator to affix the applicable legend 7 (“CONFIDENTIAL”) to each page that contains protected material. For 8 testimony given in deposition or other proceeding, the designator shall 9 specify all protected testimony and the level of protection being asserted. 10 The designator may make that designation during the deposition or 11 proceeding, or may invoke, on the record or by written notice to all parties on 12 or before the next business day, a right to have up to 21 days from the 13 deposition or proceeding to make its designation. 14 c. Advance Notice. To the extent possible, the parties shall 15 give advance notice if they expect a deposition, Court hearing, or other 16 proceeding to include designated material so that the other party can ensure 17 that only authorized individuals are present at those proceedings when such 18 material is disclosed or used. The use of a document as an exhibit at a 19 deposition shall not in any way affect its designation. Transcripts containing 20 designated material shall have a legend on the title page noting the 21 presence of designated material, and the title page shall be followed by a list 22 of all pages (including line numbers as appropriate) that have been 23 designated, and the level of protection being asserted. The designator shall 24 inform the court reporter of these requirements. Any transcript that is 25 prepared before the expiration of the 21-day period for designation shall be 26 treated during that period as if it had been designated CONFIDENTIAL 27 unless otherwise agreed. After the expiration of the 21-day period, the 28 transcript shall be treated only as actually designated. -413546967.1 STIPULATED PROTECTIVE ORDER Case No. 2:17-cv-00431-GW-SS 1 d. Inadvertent Failures to Designate. An inadvertent failure 2 to designate does not, standing alone, waive protection under this Order. 3 Upon timely assertion or correction of a designation, all recipients must 4 make reasonable efforts to ensure that the material is treated according to 5 this Order. 6 3. CHALLENGING CONFIDENTIALITY DESIGNATIONS. All 7 challenges to confidentiality designations shall proceed under L.R. 37-1 8 through L.R. 37-4. 9 4. 10 ACCESS TO DESIGNATED MATERIAL. a. Basic Principles. A receiving party may use designated 11 material only for this litigation. Designated material may be disclosed only to 12 the categories of persons and under the conditions described in this Order. 13 b. Disclosure of CONFIDENTIAL Material Without Further 14 Approval. Unless otherwise ordered by the Court or permitted in writing by 15 the designator, a receiving party may disclose any material designated 16 CONFIDENTIAL only to: 17 i. The receiving party’s outside counsel and employees 18 of outside counsel to whom disclosure is reasonably necessary; 19 ii. The officers, directors, and employees of the 20 receiving party to whom disclosure is reasonably necessary for the purpose 21 of directing the action; 22 iii. Experts, consultants, and other vendors retained by 23 the receiving party’s outside counsel to whom disclosure is reasonably 24 necessary, and who have signed the Agreement to Be Bound (Exhibit A); 25 iv. The Court and its personnel; 26 v. Outside court reporters and their staff; and 27 vi. The author or recipient of a document containing the 28 material. -513546967.1 STIPULATED PROTECTIVE ORDER Case No. 2:17-cv-00431-GW-SS 1 c. Custody of Agreements to Be Bound. Signed 2 Agreements to Be Bound in the form of Exhibit A shall be maintained by the 3 party who obtains them pursuant to this Order. The parties are not required 4 to exchange copies of these Agreements to Be Bound. 5 5. UNAUTHORIZED DISCLOSURE OF DESIGNATED 6 MATERIAL. If a receiving party learns that, by inadvertence or otherwise, it 7 has disclosed designated material to any person or in any circumstance not 8 authorized under this Order, it must immediately (1) notify in writing the 9 designator of the unauthorized disclosures, (2) use its best efforts to retrieve 10 all unauthorized copies of the designated material, (3) inform the person or 11 persons to whom unauthorized disclosures were made of all the terms of 12 this Order, and (4) use reasonable efforts to have such person or persons 13 execute the Agreement to Be Bound (Exhibit A). 14 6. INADVERTENT PRODUCTION OF PRIVILEGED OR 15 OTHERWISE PROTECTED MATERIAL. When a producing party gives 16 notice that certain inadvertently produced material is subject to a claim of 17 privilege or other protection, the obligations of the receiving party is set forth 18 in Federal Rule of Civil Procedure 26(b)(5)(B), subject to the requirement 19 that, after being notified of an asserted inadvertent production, a receiving 20 party must promptly return or destroy the specified information and any 21 copies it has. Pursuant to Federal Rule of Evidence 502(d), a privilege or 22 protection shall not be deemed, waived by disclosure in this litigation absent 23 this Court's ruling to the contrary. Pursuant to Federal Rule of Evidence 24 502(e) and the parties' agreement, disclosure of privileged material 25 produced from electronically stored information shall not be deemed a 26 waiver if it is properly clawed back pursuant to this Order. The party 27 asserting a privilege or protection, however, still bears the burden of 28 establishing the existence of an underlying privilege or protection if the -613546967.1 STIPULATED PROTECTIVE ORDER Case No. 2:17-cv-00431-GW-SS 1 assertion is challenged. 2 8. FILING UNDER SEAL. Without written permission from the 3 designator or a Court order, a party may not file in the public record in this 4 action any designated material. A party seeking to file under seal any 5 designated material must comply with L.R. 79-5.1 and this Court’s Standing 6 Orders. Filings may be made under seal only pursuant to a Court order 7 authorizing the sealing of the specific material at issue. The fact that a 8 document has been designated under this Order is insufficient to justify filing 9 under seal. Instead, parties must explain the basis for confidentiality of each 10 document sought to be filed under seal. Because a party other than the 11 designator will often be seeking to file designated material, cooperation 12 between the parties in preparing, and in reducing the number and extent of, 13 requests for under seal filing is essential. If a receiving party’s request to file 14 designated material under seal pursuant to L.R. 79-5.1 is denied by the 15 Court, then the receiving party may file the material in the public record 16 unless (1) the designator seeks reconsideration within four days of the 17 denial, or (2) as otherwise instructed by the Court. 18 9. FINAL DISPOSITION. Within 60 days after the final disposition 19 of this action, each party shall return all designated material to the 20 designator or destroy such material, including all copies, abstracts, 21 compilations, summaries, and any other format reproducing or capturing any 22 designated material at the option of the producing party, and must purge all 23 such information from all machine-readable media on which it resides. Upon 24 the producing party’s request, the receiving party must submit a written 25 certification to the designator by the 60-day deadline that (1) all the 26 designated material was either returned or destroyed, and (2) affirms that 27 the receiving party has not retained any copies, abstracts, compilations, 28 summaries, or any other format reproducing or capturing any of the -713546967.1 STIPULATED PROTECTIVE ORDER Case No. 2:17-cv-00431-GW-SS 1 designated material. This provision shall not prevent counsel from retaining 2 an archival copy of all pleadings, motion papers, trial, deposition, and 3 hearing transcripts, legal memoranda, correspondence, deposition and trial 4 exhibits, expert reports, attorney work product, and consultant and expert 5 work product, even if such materials contain designated material, regardless 6 of their form of storage (e.g., paper files, e-mail, or electronic media). Any 7 such archival copies remain subject to this Order. 8 10. MODIFICATION TO THIS ORDER. This Order may be modified 9 upon good cause shown. 10 11 IT IS SO ORDERED this 8th day of June , 2017. 12 /S/ Suzanne H. Segal United States Magistrate Judge 13 14 15 IT IS STIPULATED AND CONSENTED TO: 16 DATED: June 6, 2017 THE HAN LAW GROUP, APC 17 18 By: 19 20 /s/ Steven Y. Han STEVEN Y. HAN Attorneys for Plaintiff DALE TIFFANY, INC. 21 22 DATED: June 6, 2017 HANSON BRIDGETT LLP 23 24 By: 25 26 27 /s/ Raffi Zerounian RAFFI ZEROUNIAN Attorneys for Defendant Z-LITE JENAMEES, INC. dba Z-LITE 28 -813546967.1 STIPULATED PROTECTIVE ORDER Case No. 2:17-cv-00431-GW-SS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 DALE TIFFANY, INC., a California corporation, 4 Plaintiff, 5 v. 6 Z-LITE JENAMEES, INC., a 7 business entity form unknown doing business as Z-LITE; and DOES 1 8 through 50, inclusive, 9 Case No. 2:17-cv-00431-GW-SS AGREEMENT TO BE BOUND BY PROTECTIVE ORDER Defendants. 10 11 The undersigned hereby acknowledges and certifies that he/she has 12 received and read a copy of the Protective Order entered in the above13 captioned action on June ___, 2017, and that he/she understands the terms 14 thereof and agrees to be bound thereby. The undersigned further agrees to 15 submit to the jurisdiction of this Court and understands that the Court may 16 impose sanctions for any violation of the Protective Order. The undersigned 17 designates the following as their agent for receipt of service of process for 18 any action taken under this Protective Order: 19 _______________________________________________________. 20 21 Date:_______________________ _____________________________ Printed Name 22 23 24 25 26 27 28 ________________________________ Signature

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