Diana Martinez v. Meredith Xcelerated Marketing Corporation et al

Filing 48

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Amended Stipulation for Protective Order 47 . (See Order for complete details) (afe)

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ALLEN B. GRODSKY, Bar No. 111064
[e-mail]
COURTNEY L. PURITSKY, Bar No. 251330
[e-mail]
GRODSKY & OLECKI LLP
2001 Wilshire Blvd., Suite 210
Santa Monica, CA 90403
Telephone: [phone]
Facsimile: 310.315.1557
Attorneys for Plaintiff
DIANA MARTINEZ
ELIZABETH NGUYEN, Bar No. 238571
[e-mail]
MAGGY M. ATHANASIOUS, Bar No. 252137
[e-mail]
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Telephone: [phone]
WESLEY E. STOCKARD, Admitted Pro Hac Vice
[e-mail]
LITTLER MENDELSON, P.C.
3344 Peachtree Road N.E., Suite 1500
Atlanta, GA 30326.4803
Telephone: [phone]
Attorneys for Defendant
MEREDITH XCELERATED MARKETING CORP.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DIANA MARTINEZ, an individual,

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Plaintiff,

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v.

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MEREDITH XCELERATED
MARKETING CORPORATION, an
Iowa Corporation; and DOES 1
through 10,

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LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

Defendants.

Case No. 2:17-CV-1135 MWF (ASx)
ASSIGNED TO JUDGE MICHAEL W.
FITZGERALD, COURTROOM 5A
DISCOVERY MATTER
Magistrate Judge Alka Sagar
AMENDED STIPULATION FOR
PROTECTIVE ORDER
Trial Date: April 10, 2018
Complaint Filed: January 19, 2017
(Los Angeles Superior Court)

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Plaintiff Diana Martinez (“Plaintiff”) and Defendant Meredith Xcelerated

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Marketing Corporation (“MXM” or “Defendant”), by and through their respective

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counsel of record, hereby stipulate and agree to the following:

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1.

PURPOSES AND LIMITATIONS & GOOD CAUSE STATEMENT
1.1.

Purposes And Limitations. Discovery in this action is likely to

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involve production of confidential, proprietary, or private information for which

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

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prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate

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to and petition the Court to enter the following Stipulated Protective Order. The

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parties acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from public

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

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confidential treatment under the applicable legal principles. The parties further

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acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order

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

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

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

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1.2

Good Cause Statement.

This action is likely to involve trade

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secrets, customer names, and other valuable marketing, commercial, financial, and/or

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proprietary information for which special protection from public disclosure and from

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

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

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confidential business or financial information, information regarding confidential

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business practices, or other confidential marketing or commercial information

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

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

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

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common law.

LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

1.

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Plaintiff’s allegations, including her claims for wrongful termination in

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violation of public policy, harassment, retaliation and failure to investigate and

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prevent harassment and retaliation under the California Fair Employment and Housing

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Act may require disclosure of private and/or confidential information regarding

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MXM’s current and/or former employees, including information about employees’

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contact information and/or performance histories, as well as confidential personnel

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information related to workplace complaints, discipline, and/or human resources

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investigations. MXM expects that Plaintiff may request and it may need to produce

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trade secret and/or business confidential information involving MXM’s business

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policies and practices, information regarding MXM’s clients and/or work performed

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for MXM’s clients that would likely cause significant harm to MXM and/or MXM’s

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clients if made available or accessible publicly or to MXM’s competitors.

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Additionally, Plaintiff may be asked to produce confidential and private financial, or

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otherwise sensitive personal, and/or medical information.

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

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resolution of disputes over confidentiality of discovery materials, to adequately

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protect information the parties are entitled to keep confidential, to ensure that the

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parties are permitted reasonable necessary uses of such material in preparation for and

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in the conduct of trial, to address their handling at the end of the litigation, and serve

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the ends of justice, a protective order for such information is justified in this matter. It

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is the intent of the parties that information will not be designated as confidential for

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tactical reasons and that nothing be so designated without a good faith belief that it

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has been maintained in a confidential, non-public manner, and there is good cause

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why it should not be part of the public record of this case.

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LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

2.

DEFINITIONS.
2.1

Action. This pending federal lawsuit, DIANA MARTINEZ v.

MEREDITH XCELERATED MARKETING CORPORATION, an Iowa Corporation;
2.

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and DOES 1 through 10, Case No. 2:17-CV-1135 MWF (ASx).
2.2

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Challenging Party: A Party or Non-Party that challenges the

designation of information or items under this Order.
2.3

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CONFIDENTIAL Information or Items: Information (regardless of

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

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

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Cause Statement.

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2.4

Counsel: Outside Counsel of Record and House Counsel.

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2.5

Designating Party: A Party or Non-Party that designates

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information or items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL.”
2.6

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Disclosure or Discovery Material: All items or information,

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regardless of the medium or manner in which it is generated, stored, or maintained

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(including, among other things, testimony, transcripts, and tangible things), that are

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produced or generated in disclosures or responses to discovery in this matter.
2.7

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Expert: A person with specialized knowledge or experience in a

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matter pertinent to the litigation who has been retained by a Party or its counsel to

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serve as an expert witness or as a consultant in this Action.
2.8

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House Counsel: Attorneys who are employees of a party (or a

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party’s parent, affiliate or subsidiary) to this Action, and their legal support staff.

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House Counsel does not include Outside Counsel of Record or any other outside

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counsel.

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2.9

Non-Party:

Any

natural

person,

partnership,

corporation,

association, or other legal entity not named as a Party to this action.

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2.10 Outside Counsel of Record: Attorneys who are not employees of a

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

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

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

LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

3.

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2.11 Party: Any party to this Action, including all of its officers,

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directors, employees, consultants, retained experts, and Outside Counsel of Record

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(and their support staffs).
2.12 Producing Party: A Party or Non-Party that produces Disclosure or

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Discovery Material in this Action.

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2.13 Professional Vendors: Persons or entities that provide litigation

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support services (e.g., photocopying, videotaping, translating, preparing exhibits or

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

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and their employees and subcontractors.
2.14 Protected Material: Any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL.”
2.15 Receiving Party: A Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

SCOPE. The protections conferred by this Stipulation and Order cover

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not only Protected Material (as defined above), but also (1) any information copied or

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

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of Protected Material; and (3) any testimony, conversations, or presentations by

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Parties or their Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the trial
judge. This Order does not govern the use of Protected Material at trial.

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4.

DURATION. Even after final disposition of this litigation, the

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confidentiality obligations imposed by this Order shall remain in effect until a

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Designating Party agrees otherwise in writing or a court order otherwise directs. Final

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disposition shall be deemed to be the later of (1) dismissal of all claims and defenses

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in this Action, with or without prejudice; and (2) final judgment herein after the

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completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of

LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

4.

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this Action, including the time limits for filing any motions or applications for

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extension of time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

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Exercise of Restraint and Care in Designating Material for

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Protection.

Each Party or Non-Party that designates information or items for

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protection under this Order must take care to limit any such designation to specific

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material that qualifies under the appropriate standards. The Designating Party must

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designate for protection only those parts of material, documents, items, or oral or

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written communications that qualify so that other portions of the material, documents,

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items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber the case development process or to impose

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unnecessary expenses and burdens on other parties) may expose the Designating Party

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to sanctions.

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

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

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promptly notify all other Parties that it is withdrawing the inapplicable designation.
5.2

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Manner and Timing of Designations. Except as otherwise provided

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in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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under this Order must be clearly so designated before the material is disclosed or

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produced.

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LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

Designation in conformity with this Order requires:
(a)

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

documents, but excluding transcripts of depositions or other pretrial or trial
5.

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proceedings), that the Producing Party affix at a minimum, the legend

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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

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

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qualifies for protection, the Producing Party also must clearly identify the protected

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portion(s) (e.g., by making appropriate markings in the margins).

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

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

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

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

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

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

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

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specified documents, the Producing Party must affix the “CONFIDENTIAL legend”

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to each page that contains Protected Material. If only a portion or portions of the

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material on a page qualifies for protection, the Producing Party also must clearly

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identify the protected portion(s) (e.g., by making appropriate markings in the

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margins).
(b)

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For testimony given in depositions that the Designating Party

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

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deposition all protected testimony.
(c)

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For information produced in some form other than documentary

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

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on the exterior of the container or containers in which the information is stored the

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legend “CONFIDENTIAL.” If only a portion or portions of the information warrants

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protection, the Producing Party, to the extent practicable, shall identify the protected

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portion(s).

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LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

5.3

Inadvertent Failures to Designate. If timely corrected, an

inadvertent failure to designate qualified information or items does not, standing
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alone, waive the Designating Party’s right to secure protection under this Order for

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such material. Upon timely correction of a designation, the Receiving Party must

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make reasonable efforts to assure that the material is treated in accordance with the

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provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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Timing of Challenges. Any Party or Non-Party may challenge a

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designation of confidentiality at any time that is consistent with the Court’s

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Scheduling Order.
6.2

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Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

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The burden of persuasion in any such challenge proceeding shall

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

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

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may expose the Challenging Party to sanctions. Unless the Designating Party has

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waived or withdrawn the confidentiality designation, all parties shall continue to

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afford the material in question the level of protection to which it is entitled under the

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Producing Party’s designation until the Court rules on the challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material

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that is disclosed or produced by another Party or by a Non-Party in connection with

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

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

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

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Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

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LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

7.

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

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

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authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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Receiving Party may disclose any information or item designated “CONFIDENTIAL”

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only to:
(a)

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The Receiving Party’s Outside Counsel of Record in this

Action, as well as employees of said Outside Counsel of Record to whom it is
reasonably necessary to disclose the information for this Action;
(b)

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The officers, directors, and employees (including House

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Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this

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Action;
(c)

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

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

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

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(d)

The court and its personnel;

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(e)

Court reporters and their staff;

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(f)

Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary for this Action and

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who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(g)

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The author or recipient of a document containing the

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information or a custodian or other person who otherwise possessed or knew the

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information;

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(h)

During their depositions, witnesses, and attorneys for

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witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the

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deposing party requests that the witness sign the form attached as Exhibit A hereto;

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and (2) they will not be permitted to keep any confidential information unless they

LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

8.

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sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

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otherwise agreed by the Designating Party or ordered by the court. Pages of

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transcribed deposition testimony or exhibits to depositions that reveal Protected

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Material may be separately bound by the court reporter and may not be disclosed to

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anyone except as permitted under this Stipulated Protective Order; and

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(i)

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agreed upon by any of the parties engaged in settlement discussions.

Any mediator or settlement officer, and their supporting personnel, mutually

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8.

PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

PRODUCED IN OTHER LITIGATION

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

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

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“CONFIDENTIAL,” that Party must:

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(a)

Promptly notify in writing the Designating Party. Such notification

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

Promptly notify in writing the party who caused the subpoena or

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

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subpoena or order is subject to this Protective Order. Such notification shall include a

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copy of this Stipulated Protective Order; and

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(c)

Cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.

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

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

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

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

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permission. The Designating Party shall bear the burden and expense of seeking

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

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LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

9.

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

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disobey a lawful directive from another court.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced by

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a Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

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produced by Non-Parties in connection with this litigation is protected by the

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remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.
(b)

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

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

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subject to an agreement with the Non-Party not to produce the Non-Party’s

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confidential information, then the Party shall:

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(1) promptly notify in writing the Requesting Party and the Non-

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

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agreement with a Non-Party;

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(2) promptly provide the Non-Party with a copy of the Stipulated

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

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specific description of the information requested; and
(3) make the information requested available for inspection by the

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Non-Party, if requested.
(c)

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

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within 14 days of receiving the notice and accompanying information, the Receiving

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Party may produce the Non-Party’s confidential information responsive to the

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discovery request. If the Non-Party timely seeks a protective order, the Receiving

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Party shall not produce any information in its possession or control that is subject to

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the confidentiality agreement with the Non-Party before a determination by the court.

LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

10.

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Absent a court order to the contrary, the Non-Party shall bear the burden and expense

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of seeking protection in this court of its Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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and (d) request such person or persons to execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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11.

INADVERTENT

PRODUCTION

OF

PRIVILEGED

OR

OTHERWISE PROTECTED MATERIAL

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11.1 When a Producing Party gives notice to Receiving Parties that

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certain inadvertently produced material is subject to a claim of privilege or other

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protection, the obligations of the Receiving Parties are those set forth in Federal Rule

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of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever

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procedure may be established in an e-discovery order that provides for production

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without prior privilege review.

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11.2 Pursuant to Federal Rule of Evidence 502(d) and (e), the parties

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agree that documents and electronically stored information subject to a legally

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recognized claim of protection from disclosure under the attorney-client privilege, the

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work-product doctrine, or other applicable protection (“Protected Information”), will

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be protected against claims of waiver (including as against third parties and in other

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federal and state proceedings) as follows:

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LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

11.

1

(a)

The disclosure or production by a Producing Party to a

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Receiving Party of Protected Information shall in no way constitute the voluntary

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disclosure of such information.

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(b)

The disclosure of Protected Information in this action shall

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not result in the waiver of any privilege, evidentiary protection or other protection

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associated with such information, and shall not result in any waiver, including subject

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matter waiver, of any kind.

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(c)

If, during the course of this Proceeding, a party determines

that any information produced by another party is Protected Information:
(1)

The Receiving Party shall: (A) refrain from reading

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the Protected Information any more closely than is necessary to ascertain that it is

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privileged or otherwise protected from disclosure; (B) immediately notify the

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Producing Party in writing that it has discovered Protected Information; (C)

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specifically identify the Protected Information by Bates Number range or hash value,

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and, (D) within ten (10) days of discovery by the Receiving Party, return, sequester, or

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destroy all copies of such Protected Information, along with any notes, abstracts or

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compilations of the content thereof. To the extent that Protected Information has been

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loaded into a review database under the control of the Receiving Party, the Receiving

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Party shall have all electronic copies of the Protected Information extracted from the

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database. Where such Protected Information cannot be destroyed or separated, it shall

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not be reviewed, disclosed, or otherwise used by the Receiving Party.

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Notwithstanding, the Receiving Party is under no obligation to search or review the

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Producing Party’s disclosures or productions to identify Protected Information.

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(2)

If the Producing Party intends to assert a claim of

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privilege or other protection over information identified by the Receiving Party as

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Protected Information, the Producing Party will, within ten (10) days of receiving the

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Receiving Party’s written notification described above, inform the Receiving Party of

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such intention in writing and shall provide the Receiving Party with a log for such

LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

12.

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Protected Information that is consistent with the requirements of the Federal Rules of

2

Civil Procedure, setting forth the basis for the claim of privilege or other protection.

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In the event that any portion of the Protected Information does not contain privileged

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or protected information, the Producing Party shall also provide to the Receiving Party

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a redacted copy of the Protected Information that omits the information that the

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Producing Party believes is subject to a claim of privilege or other protection.
(d)

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If, during the course of this Proceeding, a party determines it

has produced Protected Information:
(1)

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The Producing Party may notify the Receiving Party

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of such production in writing, and demand the return of such information. Such

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notice shall be in writing, however, it may be delivered orally on the record at a

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deposition or at court proceeding, promptly followed up in writing. The Producing

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Party’s written notice will identify the Protected Information produced by Bates

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Number range or hash value, the privilege or other protection claimed, and the basis

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for the assertion of the privilege or other protection and shall provide the Receiving

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Party with a log for such Protected Information that is consistent with the

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requirements of the Federal Rules of Civil Procedure, setting forth the basis for the

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claim of privilege or other protection. In the event that any portion of the identified

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information does not contain Protected Information, the Producing Party shall also

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provide to the Receiving Party a redacted copy of the Protected Information that omits

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the information that the Producing Party believes is subject to a claim of privilege or

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other protection.

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(2)

The Receiving Party must, within ten (10) days of

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receiving the Producing Party’s written notification described above, return, sequester,

25

or destroy the Protected Information and any copies, along with any notes, abstracts or

26

compilations of the content thereof. To the extent that Protected Information has been

27

loaded into a review database under the control of the Receiving Party, the Receiving

28
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

13.

1

Party shall have all electronic copies of the Protected Information extracted from the

2

database.
(e)

3

To the extent that Protected Information has already been

4

used in or described in other information generated or maintained by the Receiving

5

Party prior to the date of receipt of written notice by the Producing Party as set forth

6

in Sub-paragraphs (c)(ii) and d(i), the Receiving Party shall sequester such other

7

information until the claim has been resolved. If the Receiving Party disclosed the

8

Protected Information before receiving notice pursuant to this Paragraph, the

9

Receiving Party must take reasonable steps to retrieve the Protected Information.
(f)

10

The Receiving Party’s return, sequestering or destruction of

11

Protected Information as provided herein will not act as a waiver of the Requesting

12

Party’s right to move for the production of the returned, sequestered or destroyed

13

information on the grounds that the information is not, in fact, subject to a viable

14

claim of privilege or protection. However, the Receiving Party is prohibited and

15

estopped from arguing that:
(1)

16
17

Information acts as a waiver of an applicable privilege or evidentiary protection;
(2)

The Producing Party did not take reasonable steps to

inadvertent;

20
21

The disclosure of the Protected Information was not

(3)

18
19

The disclosure or production of the Protected

prevent the disclosure of the Protected Information; and
(4)

22

The Producing Party failed to take reasonable or

23

timely steps to rectify the error pursuant to Federal Rule of Civil Procedure

24

26(b)(5)(B), or otherwise.

25

(g)

Either party may submit Protected Information to the Court

26

under seal for a determination of the claim of privilege or other protection, provided

27

that the party complies with the requirements of Central District Local Rule 79-5 for

28

filing documents under seal.

LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

The Producing Party shall preserve the Protected
14.

1

Information until such claim is resolved. The Receiving Party may not use the

2

Protected Information for any purpose absent an Order from the Court.
(h)

3

Upon a determination by the Court that the Protected

4

Information is protected by the applicable privilege or evidentiary protection, and if

5

the Protected Information has been sequestered rather than returned or destroyed by

6

the Receiving Party, the Protected Information shall be returned or destroyed within

7

ten (10) days of the Court’s Order.
(i)

8

Nothing contained herein is intended to, or shall serve to

9

limit a party’s right to conduct a review of information (including metadata where

10

applicable), whether stored in electronic, paper, or other tangible form, for relevance

11

and responsiveness, and for the segregation of Protected Information before such

12

information is produced to another party.

13
14
15
16

12.

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

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

17

12.2 Right to Assert Other Objections. By stipulating to the entry of this

18

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

19

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

20

Stipulated Protective Order. Similarly, no Party waives any right to object on any

21

ground to use in evidence of any of the material covered by this Protective Order.

22

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

23

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

24

only be filed under seal pursuant to a court order authorizing the sealing of the

25

specific Protected Material at issue. If a Party's request to file Protected Material

26

under seal is denied by the court, then the Receiving Party may file the information in

27

the public record unless otherwise instructed by the court.

28
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

15.

1

13.

FINAL DISPOSITION

2

After the final disposition of this Action, as defined in paragraph 4, within 60

3

days of a written request by the Designating Party, each Receiving Party must return

4

all Protected Material to the Producing Party or destroy such material. As used in this

5

subdivision, “all Protected Material” includes all copies, abstracts, compilations,

6

summaries, and any other format reproducing or capturing any of the Protected

7

Material. Whether the Protected Material is returned or destroyed, the Receiving

8

Party must submit a written certification to the Producing Party (and, if not the same

9

person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

10

(by category, where appropriate) all the Protected Material that was returned or

11

destroyed and (2) affirms that the Receiving Party has not retained any copies,

12

abstracts, compilations, summaries or any other format reproducing or capturing any

13

of the Protected Material. Notwithstanding this provision, Counsel are entitled to

14

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

15

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

16

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

17

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

18

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

19

Section 4 (DURATION).

20
14.

21

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

22

measures including, without limitation, contempt proceedings and/or monetary

23

sanctions.

24

///

25

///

26

///

27

///

28
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

16.

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD

2

Dated: June 21, 2017

GRODSKY & OLECKI LLP

3
4

/s/ Courtney L. Puritsky
ALLEN B. GRODSKY
COURTNEY L. PURITSKY
Attorneys for Plaintiff
DIANA MARTINEZ

5
6
7

Dated: June 21, 2017

LITTLER MENDELSON, P.C.

8
9

/s/ Maggy M. Athanasious
WESLEY E. STOCKARD
ELIZABETH NGUYEN
MAGGY ATHANASIOUS
Attorneys for Defendant
MEREDITH XCELERATED
MARKETING CORPORATION

10
11
12
13
14

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

15
16
17
18

DATED:

June 22
__________, 2017

/ s / Alka Sagar
HON. ALKA SAGAR
UNITED STATES MAGISTRATE JUDGE

19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

17.

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

_____________________________

[print

or

type

full

name],

of

4

_____________________________ [print or type full address], declare under penalty

5

of perjury that I have read in its entirety and understand the Amended Stipulated

6

Protective Order that was issued by the United States District Court for the Central

7

District of California on [date] in the case of DIANA MARTINEZ v. MEREDITH

8

XCELERATED MARKETING CORPORATION, an Iowa Corporation; and DOES 1

9

through 10, Case No. 2:17-CV-1135 MWF (ASx). I agree to comply with and to be

10

bound by all the terms of this Stipulated Protective Order and I understand and

11

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

12

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

13

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

14

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

15

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

16

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

17

Stipulated Protective Order, even if such enforcement proceedings occur after

18

termination of this action. I hereby appoint __________________________ [print or

19

type full name] of _______________________________________ [print or type full

20

address and telephone number] as my California agent for service of process in

21

connection with this action or any proceedings related to enforcement of this

22

Stipulated Protective Order.

23

City and State where sworn and signed: ______________________________

24
25

Dated:

[Print Name]

26
[Sign Name]

27
28
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

Firmwide:148238435.4 063287.1032

18.