Stephanie Marie Covert v. Lamont Buller Parsons Harris

Filing 31

STIPULATED PROTECTIVE ORDER by Judge Manuel L. Real, re Notice of Lodging 30 . See document for details. (smo)

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1 BOIES SCHILLER FLEXNER LLP JEANNE A. FUGATE, State Bar No. 236341 2 725 South Figueroa Street, 31st Floor 3 Los Angeles, California 90017-5524 Telephone: (213) 629-9040 4 Facsimile: (213) 629-9022 9 Attorneys for Defendant and Counterclaimant LAMONT BULLER PARSONS HARRIS 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION B O I E S F L E X N E R JAFFE AND CLEMENS 6 Sandra P. Mendell, State Bar No. 235384 7 433 N Camden Dr. Ste. 1000 Beverly Hills, CA 90210 8 Telephone: (310) 550-7477 S C H I L L E R L L P 5 13 14 STEPHANIE MARIE COVERT, an individual, 15 Plaintiff, 16 v. 17 LAMONT BULLER PARSONS 18 HARRIS, an individual, 19 Case No. 2:17-cv-00522-R (AJWx) The Honorable Manuel L. Real STIPULATED PROTECTIVE ORDER Defendant. 20 LAMONT BULLER PARSONS HARRIS, an individual, 21 Counterclaimant, 22 v. 23 STEPHANIE MARIE COVERT, an 24 individual, 25 Counterdefendant. 26 27 28 Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order (the “Order”). The parties B O I E S S C H I L L E R F L E X N E R L L P 7 acknowledge that this Order does not confer blanket protections on all disclosures or 8 responses to discovery and that the protection it affords from public disclosure and 9 use extends only to the limited information or items that are entitled to confidential 10 treatment under the applicable legal principles. The parties further acknowledge, as 11 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle 12 them to file confidential information under seal; Civil Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a party 14 seeks permission from the court to file material under seal. 15 B. 16 This action is likely to involve confidential and proprietary information for GOOD CAUSE STATEMENT 17 which special protection from public disclosure and from use for any purpose other 18 than prosecution of this action is warranted. Such confidential and proprietary 19 materials and information consist of, among other things, confidential business or 20 financial information, information regarding confidential business practices, 21 information implicating privacy rights of third parties, information otherwise 22 generally unavailable to the public, or which may be privileged or otherwise 23 protected from disclosure under state or federal statutes, court rules, case decisions, 24 or common law. Accordingly, to expedite the flow of information, to facilitate the 25 prompt resolution of disputes over confidentiality of discovery materials, to 26 adequately protect information the parties are entitled to keep confidential, to ensure 27 that the parties are permitted reasonably necessary uses of such material in 28 preparation for and in the conduct of trial, to address their handling at the end of the -1- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 litigation, and serve the ends of justice, a protective order for such information is 2 justified in this matter. It is the intent of the parties that information will not be 3 designated as confidential for tactical reasons and that nothing be so designated 4 without a good faith belief that it has been maintained in a confidential, non-public 5 manner, and there is good cause why it should not be part of the public record of this 6 case. B O I E S S C H I L L E R F L E X N E R L L P 7 1. DEFINITIONS 8 1.1 Action: Covert v. Harris, Case Number 2:17-cv-00522-R (AJWx) 9 pending in United States District Court for the Central District Of California, 10 Western Division. 11 1.2 Challenging Party: a Party or Non-Party that challenges the 12 designation of information or items under this Order. 13 1.3 "CONFIDENTIAL" Information or Items: information (regardless of 14 how it is generated, stored or maintained) or tangible things that qualify for 15 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 16 the Good Cause Statement. “CONFIDENTIAL” Disclosure or Discovery Material 17 expressly excludes any Disclosure or Discovery Material in the possession of the 18 Receiving Party prior to the execution and entry of this Order, unless authorized by 19 the Receiving Party in writing as set forth in Section 4.1, below. 20 21 1.4 Counsel: “Counsel” means: (a) Cypress LLP, including attorneys Nabil Abu-Assal, Stacy 22 Feinberg, Doug Roy, and Daniel Corren, and its respective support staff, and any 23 co-counsel or successor counsel; and 24 (b) Boies Schiller Flexner LLP, including attorney Jeanne Fugate, 25 and its respective support staff, and any co-counsel or successor counsel; and 26 (c) Jaffe And Clemens, including attorney Sandra P. Mendell, and 27 its respective support staff, and any co-counsel or successor counsel. 28 -2- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 1.5 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 "CONFIDENTIAL." 4 1.6 Disclosure or Discovery Material: all items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced or B O I E S S C H I L L E R F L E X N E R L L P 7 generated in disclosures or responses to discovery in this matter. 8 1.7 Expert: a person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or Counsel to serve as an 10 expert witness or as a consultant in this Action. 11 1.8 Non-Party: any natural person, partnership, corporation, association, or 12 other legal entity not named as a Party to this Action. 13 1.9 Party: “Party” means: 14 (a) Stephanie Marie Covert, and 15 (b) Lamont Buller Parsons Harris. 16 1.10 Producing Party: a Party or Non-Party that produces Disclosure or 17 Discovery Material in this Action. 18 1.11 Professional Vendors: persons or entities that provide litigation 19 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) 21 and their employees and subcontractors. 22 1.12 Protected Material: any Disclosure or Discovery Material that is 23 designated as "CONFIDENTIAL." 24 1.13 Receiving Party: a Party that receives Disclosure or Discovery 25 Material from a Producing Party. 26 2. SCOPE 27 The protections conferred by this Stipulation and Order cover not only 28 Protected Material (as defined above), but also (1) any information copied or -3- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 extracted from Protected Material; (2) all copies, excerpts, summaries, or 2 compilations of Protected Material; and (3) any testimony, conversations, or 3 presentations by Parties or their Counsel that might reveal Protected Material. 4 Any use of Protected Material at trial shall be governed by the orders of the 5 trial judge. This Order does not govern the use of Protected Material at trial. F L E X N E R S C H I L L E R B O I E S DURATION 7 L L P 6 3. Even after final disposition of this litigation, the confidentiality obligations 8 imposed by this Order shall remain in effect until a Designating Party agrees 9 otherwise in writing or a court order otherwise directs. Final disposition shall be 10 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 11 or without prejudice; and (2) final judgment herein after the completion and 12 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 13 including the time limits for filing any motions or applications for extension of time 14 pursuant to applicable law. 15 4. DESIGNATING PROTECTED MATERIAL 16 4.1 Exercise of Restraint and Care in Designating Material for Protection. 17 Each Party or Non-Party that designates information or items for protection under 18 this Order must take care to limit any such designation to specific material that 19 qualifies under the appropriate standards. The Designating Party must designate for 20 protection only those parts of material, documents, items, or oral or written 21 communications that qualify so that other portions of the material, documents, 22 items, or communications for which protection is not warranted are not swept 23 unjustifiably within the ambit of this Order. 24 Mass, indiscriminate, or routinized designations are prohibited. Designations 25 that are shown to be clearly unjustified or that have been made for an improper 26 purpose (e.g., to unnecessarily encumber the case development process or to impose 27 unnecessary expenses and burdens on other parties) may expose the Designating 28 Party to sanctions. -4- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 If it comes to a Designating Party's attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the inapplicable designation. 4 4.2 Manner and Timing of Designations. Except as otherwise provided in 5 this Order (see, e.g., Section 4.3, below), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this Order must B O I E S S C H I L L E R F L E X N E R L L P 7 be clearly so designated before the material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic 10 documents, but excluding transcripts of depositions or other pretrial or trial 11 proceedings): that the Producing Party place the notation "CONFIDENTIAL" on 12 each page of such document or tangible thing. If only a portion or portions of the 13 material on a page qualifies for protection, the Producing Party also must clearly 14 identify the protected portion(s) (e.g., by making appropriate markings in the 15 margins); 16 A Party or Non-Party that makes original documents available for inspection 17 need not designate them for protection until after the inspecting Party has indicated 18 which documents it would like copied and produced. The material made available 19 for inspection shall only be shown to Counsel, as that term is defined, above. After 20 the inspecting Party has identified the documents it wants copied and produced, the 21 Producing Party must determine which documents, or portions thereof, qualify for 22 protection under this Order. Before copying and producing the identified 23 documents, the Producing Party must affix "CONFIDENTIAL” to each page that 24 contains Protected Material. If only a portion or portions of the material on a page 25 qualifies for protection, the Producing Party also must clearly identify the protected 26 portion(s) (e.g., by making appropriate markings in the margins). 27 (b) for testimony given in depositions: that the Designating Party 28 identify the Protected Material on the record, before the close of the deposition; -5- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 (c) for tangible items not produced in documentary form: that the 2 Producing Party affix “CONFIDENTIAL” in a prominent place on the exterior of 3 the container or containers in which the information is stored. If only a portion or 4 portions of the information warrants protection, the Producing Party, to the extent 5 practicable, shall identify the protected portion(s). 6 4.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent B O I E S S C H I L L E R F L E X N E R L L P 7 failure to designate qualified information or items does not, standing alone, waive 8 the Designating Party's right to secure protection under this Order for such material. 9 Upon timely correction of a designation, the Receiving Party must make reasonable 10 efforts to assure that the material is treated in accordance with the provisions of this 11 Order. 12 5. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 5.1 Timing of Challenges. Any Party or Non-Party may challenge a 14 designation of confidentiality at any time that is consistent with the Court's 15 Scheduling Order. 16 5.2 Meet and Confer. Prior to bringing any motions, the Challenging Party 17 shall initiate the meet and confer process required under Local Rule 37.1 et seq. 18 5.3 The burden of persuasion in any challenge to a designation of 19 confidentiality shall be on the Designating Party. Frivolous challenges, and those 20 made for an improper purpose (e.g., to harass or impose unnecessary expenses and 21 burdens on other parties) may expose the Challenging Party to sanctions. Unless the 22 Designating Party has waived or withdrawn the confidentiality designation, all 23 parties shall continue to afford the Protected Material in question the level of 24 protection to which it is entitled under the Producing Party's designation until the 25 Court rules on the challenge. 26 6. ACCESS TO AND USE OF PROTECTED MATERIAL 27 6.1 Basic Principles. A Receiving Party may use Protected Material that is 28 disclosed or produced by another Party or by a Non-Party in connection with this -6- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 Action only for prosecuting, defending, or attempting to settle this Action. Such 2 Protected Material may be disclosed only to the categories of persons and under the 3 conditions described in this Order. When the Action has been terminated, a 4 Receiving Party must comply with the provisions of section 12, below. 5 Protected Material must be stored and maintained by a Receiving Party at a 6 location and in a secure manner that ensures that access is limited to the persons B O I E S S C H I L L E R F L E X N E R L L P 7 authorized under this Order. 8 6.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless 9 otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Receiving Party may disclose any information or item designated 11 "CONFIDENTIAL" only to: 12 (a) Counsel, as defined in Section 1 hereof (including the paralegal, 13 clerical, and secretarial staff employed by such Counsel) in this Action;; 14 (b) the Receiving Party; 15 (c) Experts (as defined in this Order) of the Receiving Party to 16 whom disclosure is reasonably necessary for this Action and who have signed the 17 "Acknowledgment and Agreement to Be Bound" (Exhibit A), together with their 18 clerical staff; 19 (d) the court and its personnel; 20 (e) court reporters and their staff; 21 (f) professional jury or trial consultants, mock jurors, and 22 Professional Vendors to whom disclosure is reasonably necessary for this Action 23 and who have signed the "Acknowledgment and Agreement to Be Bound" 24 (Exhibit A); 25 (g) the author or recipient of a document containing the information 26 or a custodian or other person who otherwise possessed or knew the information; 27 (h) during their depositions, witnesses and attorneys for witnesses, in 28 the Action to whom disclosure is reasonably necessary provided: (1) the deposing -7- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 party requests that the witness sign the form attached as Exhibit 1 hereto; and 2 (2) they will not be permitted to keep any confidential information unless they sign 3 the "Acknowledgment and Agreement to Be Bound" (Exhibit A), unless otherwise 4 agreed by the Designating Party or ordered by the court. Pages of transcribed 5 deposition testimony or exhibits to depositions that reveal Protected Material may 6 be separately bound by the court reporter and may not be disclosed to anyone except B O I E S S C H I L L E R F L E X N E R L L P 7 as permitted under this Order; and 8 (i) any mediator or settlement officer, and their supporting 9 personnel, mutually agreed upon by any of the parties engaged in settlement 10 discussions. 11 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 12 IN OTHER LITIGATION 13 If a Party is served with a subpoena or a court order issued in other litigation 14 that compels disclosure of any information or items designated in this Action as 15 "CONFIDENTIAL," that Party must: 16 (a) promptly notify in writing the Designating Party. Such 17 notification shall include a copy of the subpoena or court order; 18 (b) promptly notify in writing the party who caused the subpoena or 19 order to issue in the other litigation that some or all of the material covered by the 20 subpoena or order is subject to this Order. Such notification shall include a copy of 21 this Order; and 22 (c) cooperate with respect to all reasonable procedures sought to be 23 pursued by the Designating Party whose Protected Material may be affected. 24 If the Designating Party timely seeks a protective order, the Party served with 25 the subpoena or court order shall not produce any information designated in this 26 action as "CONFIDENTIAL" before a determination by the court from which the 27 subpoena or order issued, unless the Party has obtained the Designating Party's 28 permission. The Designating Party shall bear the burden and expense of seeking -8- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 protection in that court of its confidential material and nothing in these provisions 2 should be construed as authorizing or encouraging a Receiving Party in this Action 3 to disobey a lawful directive from another court. 4 8. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE 5 PRODUCED IN THIS LITIGATION 6 (a) The terms of this Order are applicable to information produced B O I E S S C H I L L E R F L E X N E R L L P 7 by a Non-Party in this Action and designated as "CONFIDENTIAL." Such 8 information produced by Non-Parties in connection with this litigation is protected 9 by the remedies and relief provided by this Order. Nothing in these provisions 10 should be construed as prohibiting a Non-Party from seeking additional protections. 11 (b) In the event that a Party is required, by a valid discovery request, 12 to produce a Non-Party's confidential information in its possession, and the Party is 13 subject to an agreement with the Non-Party not to produce the Non-Party's 14 confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the 16 Non-Party that some or all of the information requested is subject to a 17 confidentiality agreement with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the 19 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 20 reasonably specific description of the information requested; and 21 (3) make the information requested available for inspection by 22 the Non-Party, if requested. 23 (c) If the Non-Party fails to seek a protective order from this court 24 within 14 days of receiving the notice and accompanying information, the Receiving 25 Party may produce the Non-Party's confidential information responsive to the 26 discovery request. If the Non-Party timely seeks a protective order, the Receiving 27 Party shall not produce any information in its possession or control that is subject to 28 the confidentiality agreement with the Non-Party before a determination by the -9- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 2 expense of seeking protection in this court of its Protected Material. 3 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Order, the Receiving Party must immediately (a) notify in writing the Designating B O I E S S C H I L L E R F L E X N E R L L P 7 Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 8 unauthorized copies of the Protected Material, (c) inform the person or persons to 9 whom unauthorized disclosures were made of all the terms of this Order, and 10 (d) request such person or persons to execute the "Acknowledgment and Agreement 11 to Be Bound" that is attached hereto as Exhibit A. 12 10. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain 15 inadvertently produced material is subject to a claim of privilege or other protection, 16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 18 procedure may be established in an e-discovery order that provides for production 19 without prior privilege review. This Order does not include any agreement by the 20 Parties or order of the Court pursuant to Federal Rule of Evidence 502(d) or (e) with 21 respect to the effect of disclosure of privileged information. 22 11. MISCELLANEOUS 23 11.1 Right to Further Relief. Nothing in this Order abridges the right of any 24 person to seek modification of the Order by the Court in the future. 25 11.2 Right to Assert Other Objections. By stipulating to the entry of this 26 Order no Party waives any right it otherwise would have to object to disclosing or 27 producing any information or item on any ground not addressed in this Order. 28 -10- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 Similarly, no Party waives any right to object on any ground to use in evidence of 2 any of the material covered by this Order. 3 11.3 Filing Protected Material. A Party that seeks to file under seal any 4 Protected Material must comply with Civil Local Rule 79-5. Protected Material 5 may only be filed under seal pursuant to a court order authorizing the sealing of the 6 specific Protected Material at issue. If a Party's request to file Protected Material B O I E S S C H I L L E R F L E X N E R L L P 7 under seal is denied by the court, then the Receiving Party may file the information 8 in the public record unless otherwise instructed by the court. 9 12. 10 FINAL DISPOSITION After the final disposition of this Action, as defined in Section 3, within 60 11 days of a written request by the Designating Party, each Receiving Party must return 12 all Protected Material to the Producing Party or destroy such material. As used in 13 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 14 summaries, and any other format reproducing or capturing any of the Protected 15 Material. Whether the Protected Material is returned or destroyed, the Receiving 16 Party must submit a written certification to the Producing Party (and, if not the same 17 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 18 (by category, where appropriate) all the Protected Material that was returned or 19 destroyed and (2) affirms that the Receiving Party has not retained any copies, 20 abstracts, compilations, summaries, or any other format reproducing or capturing 21 any of the Protected Material. Notwithstanding this provision, Counsel are entitled 22 to retain an archival copy of all pleadings, motion papers, trial, deposition, and 23 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 24 expert reports, attorney work product, and consultant and expert work product, even 25 if such materials contain Protected Material. Any such archival copies that contain 26 or constitute Protected Material remain subject to this Protective Order as set forth 27 in Section 4, above. 28 -11- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER 1 13. Any violation of this Order may be punished by any and all appropriate 2 measures including, without limitation, contempt proceedings and/or monetary 3 sanctions. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 DATED: June 16, 2017 6 B O I E S S C H I L L E R F L E X N E R L L P 7 8 9 10 CYPRESS LLP DOUGLAS P. ROY By /s/ (authorization by email) NABIL L. ABU-ASSAL STACY FEINBERG DOUGLAS P. ROY DANIEL A. CORREN Attorneys for Plaintiff and Counterdefendant STEPHANIE MARIE COVERT 11 12 DATED: June 16, 2017 13 14 15 BOIES SCHILLER FLEXNER LLP JEANNE A. FUGATE By /s/ JEANNE A. FUGATE Attorneys for Defendant and Counterclaimant LAMONT BULLER PARSONS HARRIS 16 17 DATED: June 16, 2017 18 19 20 JAFFE AND CLEMENS SANDRA P. MENDELL By /s/ (authorization by email) SANDRA P. MENDELL Attorneys for Defendant and Counterclaimant LAMONT BULLER PARSONS HARRIS 21 22 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 24 25 26 27 DATED: June 20, 2017 ____________________________________ HONORABLE MANUEL REAL UNITED STATES DISTRICT JUDGE 28 -12- Case No. 2:17-cv-00522-R (AJWx) STIPULATED PROTECTIVE ORDER

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