Pet Sit Pros Long Beach LLC et al v. Continental Casualty Company

Filing 16

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. re Stipulation for Protective Order 14 . NOTE CHANGES MADE BY THE COURT. (See Order for Further Details) (kl)

Casf '_:17-cv-07460-FMO-F '~ Document 14 Filed 02/08/18 ~ ~e 5 of 19 Page ID #:263

1

JASON R. BENDEL
(State Bar No. 212774)
2 BENDEL LAW GROUP
1 1620 Wilshire Blvd., Suite 900
3 Los Angeles, CA 90025
4 Telephone: [phone]
Facsimile: 310.317.7855
5 Email:
[e-mail]
6
Attorneys for Plaintiffs
7 Pet Sit Pros Long Beach LLC, Jason Goldfischer, and Fernando Goldfischer
8
(State Bar No. 145765)
SHERMAN C. LEE
9 CNA COVERAGE LITIGATION GROUP
10 555 — 12th Street
Suite 600
1 1 Oakland, CA 94607
_.
12 Telephone: [phone]
Facsimile: 510.645.2323
i ~, g
-V~ ~i g~~ ~, ~~f` ~~~:;j
1
13 E-Mail:
[e-mail]
14
Attorneys for Defendant
15 Continental Casualty Company
_
16
UNITED STATES DISTRICT COURT
17
CENTRAL DISTRICT OF CALIFORNIA

18
19
2
0
21
22

PET SIT PROS LONG BEACH LLC; a
limited liability company; JASON
GOLDFISCHER, an individual;
FERNANDO GOLDFISCHER, an
individual;
Plaintiffs,
vs.

25
26

CONTINENTAL CASUALTY
COMPANY; and DOES 1-30, inclusive,

27
Defendants.
28 I I

[
ORDER
Judge:

23
24

Case No. 2:17-cv-07460-FMO-AGR
]PROTECTIVE

Hon. Fernando M. Olguin

17-cv-07460-FMO-P Z Document 14 Filed 02/08/18 F'~~e 6 of 19 Page ID #:264

1
2

1.

PURPOSES AND LIMITATIONS
1.1

Purpose:

Disclosure and discovery in this action are likely to involve

3

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

4

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

5

this litigation may be warranted. Accordingly, plaintiffs Pet Sit Pros Long Beach

6 LLC, Jason Goldfischer and Fernando Goldfischer; and defendant Continental
7 Casualty Company hereby stipulate to and petition the Court to enter the following
8
9

Stipulated Protective Order ("Protective Order").
1.2

Good Cause Statement: The parties to this action respectfully request

10 the Court to enter this Protective Order to prevent public disclosure of their
11

confidential proprietary business information. This action is likely to involve trade

12 secrets, customer and pricing lists and other valuable research, development,
13

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

14

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

15

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

16

information consist of, among other things, confidential business or financial

17

information, information regarding confidential business practices, or other

18

confidential research, development, or commercial infortr~ation (including information

19

implicating privacy rights of third parties), information otherwise generally

20

unavailable to the public, or which may be privileged or otherwise protected from

21

disclosure.

22

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

23

disputes over confidentiality of discovery materials, to adequately protect information

24

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

25

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

2
6

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

27 justice, a protective order for such information is justified in this matter. It is the
28
- 1[

ROTECTIVE ORDER

X2:17-cv-07460-FMO-ArR Document 14 Filed 02/08/18 Page 7 of 19 Page ID #:265

C

1 ~ intent ofthe parties that information will not be designated as confidential for tactical
2

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

3

maintained in a confidential, non-public manner, and there is good cause why it

4

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

5

2
.

6
7
8

DEFINITIONS
2.1

Challengin~Party: A Party or Non-Party that challenges the designation

ofinformation or items under this Protective Order.
2
.2

"Confidential" Information or Items: Information (regardless of how it is

9

generated, stored or maintained) or tangible things the party designating or producing

10

it reasonably believes contains or reflects information subject to protection, including

11

without limitation:(1)information in the nature of a trade secret or other research,

12

investigation, development, commercial or operational information of a confidential

13

or proprietary nature;(2)financial, marketing, planning, strategic, investigative, or

14

other internal information, data, analyses, or specifications of a proprietary,

15

confidential or competitive nature;(3)information deemed confidential or non-public

16

by any regulatory body;(4)information otherwise protected by law from disclosure;

17

and/or (5)any other information with respect to which there is a compelling need for

18

confidentiality. Documents designated as "CONFIDENTIAL-SUBJECT'FO

19 PROTECTIVE ORDER" shall be limited to documents that have not been made
20

public, which the disclosing party in good faith believes will, if disclosed, have the

21

effect of causing harm to its business or competitive position; or in the case of

22

individuals, shall be limited to documents that reveal personal information, such as

23

contact information, social security numbers, or Protected Health Information (as

24

defined in 45 CFR § 160.103).

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26

2.3

Counsel(without c~ualifier~: Outside Counsel of Record and House

Counsel (as well as their support staff.

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-2rp nn~.c~r» pROTECTIVE ORDER

':17-cv-07460-FMO-ASR Document 1.4 Filed 02/08/18 Page 8 of 19 Page ID #:266

1
2

2.4

Desi natin. Party: A Party or Non-Party that designates information or
~

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

3 "
CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER."
4

2
.5

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

5

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

7

generated in disclosures or responses to discovery in this matter.

8
9
10
11

2
.6

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

pertinent to the litigation who has been retained by a Party or its counsel to serve as an
expert witness or as a consultant in this action.
2
.7

House Counsel: Attorneys who are employees of a party to this action.

12

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

13

counsel.

14
15
16

2.8

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

other legal entity not named as a Party to this action.
2
.9

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

17

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

18

appeared in this action on behalf ofthat party or are affiliated with a law firm which

19

has appeared on behalf ofthat party.

2
0

2
.10 Party: Any party to this action, including all of its officers, directors,

21

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

22

support staffs).

23
24
25
2
6

2
.11 Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this action.
2
.12 Protected Material: Any Disclosure or Discovery Material that is
designated as "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER."

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- 3PROTECTIVE ORDER

Cas~~2:17-cv-07460-FMO-A(~R Document 14 Filed 02/08/18 Page 9 of 19 Page ID #:26i

2.14 Receivin~rty: A Party that receives Disclosure or Discovery Material

1

2 from a Producing Party.
3

3.

SCOPE

4

The protections conferred by this Protective Order cover not only Protected

5

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

6 Protected Material;(2)all copies, excerpts, summaries, or compilations of Protected
7

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

8

Counsel that might reveal Protected Material. However, the protections conferred by

9 this Protective Order do not cover the following information:(a) any information that
10

is in the public domain at the time of disclosure to a Receiving Party or becomes part

11

ofthe public domain after its disclosure to a Receiving Party as a result of publication

12 not involving a violation ofthis Protective Order, including becoming part ofthe
13

public record through trial or otherwise; and (b) any information known to the

14

Receiving Party prior to the disclosure or obtained by the Receiving Party after the

15

disclosure from a source who obtained the information lawfully and under no

16

obligation of confidentiality to the Designating Party. Any use of Protected Material

17

at trial shall be governed by a separate agreement or order.

18

4.

DURATION

19

Final disposition shall be deemed (1) dismissal of all claims and defenses in this

20

action, with or without prejudice; or(2)if there is a trial, after completion of post-trial

21

briefing, final determination of all appeals, and entry of final judgment.

22

5.

23

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Desi~natin~ Material for Protection.

24

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

25

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

26

under the appropriate standards. The Designating Party must designate for protection

27

only those parts of material, documents, items, or oral or written communications that

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[

-4]PROTECTIVE ORDER

~

Case '.:17-cv-07460-FMO-ArR Document 14 Filed 02/08/18 Page 10 of 19 Page ID #:268

1

qualify so that other portions of the material, documents, items, or communications

2 f which protection is not warranted are not unjustifiably included within the ambit
or
3

of this Protective Order.

4

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

5

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

6

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

7

5.2

Manner and Timing of Designations. Except as otherwise provided in

8

this Protective Order, or as otherwise stipulated or ordered, Disclosure or Discovery

9

Material that qualifies for protection under this Protective Order must be clearly so

10
11
12

designated before the material is disclosed or produced.
Designation in conformity with this Protective Order requires:
(
a)

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

13

documents, including discovery responses, but excluding transcripts of depositions or

14

other pretrial or trial proceedings), that the Producing Party affix the legend

15 "
CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" to each page that
16

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

17

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

18

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

19

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

20

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

21

indicated which material it would like copied and produced. During the inspection

22

and before the designation, all ofthe material made available for inspection shall be

23

deemed "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER." After the

24

inspecting Party has identified the documents it wants copied and produced, the

25

Producing Party must determine which documents, or portions thereof qualify for

2
6

protection under this Order. Then, before producing the specified documents, the

27 Producing Party must affix the "CONFIDENTIALSUBJECT TO PROTECTIVE
28
- 5PROTECTIVE ORDER

Case~~:17-cv-07460-FMO-ArR Document 14 Filed 02/08/18 Page 11 of 19 Page ID #:269

1

ORDER" legend to each page that contains Protected Material. If only a portion or

2

portions of the material on a page qualifies for protection, the Producing Party also

3

must clearly identify the protected portions)(e.g., by making appropriate markings in

4

the margins).

5

(
b)

For testimony given in deposition~i~~ V*'~~r rrAtri~i ,,,- +,-;.~

that the Designating Party either:(i) identify the protected testimony on

6

• or (ii) send

7 the record, before the close of the deposition

a letter to all counsel within the time permitted for the review and signing of the
~
`~'

g
9

deposition by the witness (in the event of a deposition)

10
11

identifying the protected
testimony.

12

(c)

For information produced in some form other than documentary

13

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

14

on the exterior ofthe container or containers in which the information or item is stored

15

the legend "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER." If only a

16 , portion or portions of the information or item warrant protection, the Producing Party,
17 to the extent practicable, shall identify the protected portion(s).
18

5.3

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

19 f
ailure to designate qualified information or items does not, standing alone, waive the
20

Designating Party's right to secure protection under this Protective Order for such

21

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

22 reasonable efforts to assure that the material is treated in accordance with the
23

provisions of this Protective Order.

24 6
.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

25

6.1

2
6

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

designation of confidentiality but must do so within the discovery period set by the

27 ~ ~ Court. Unless a prompt challenge to a Designating Party's confidentiality designation

E

- 6PROTECTIVE ORDER

Case 17-cv-07460-FMO-A~ '? Document 14 Filed 02/08/18 P~~e 12 of 19 Page ID #:270

1

is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

2 burdens, or a significant disruption or delay of the litigation, a Party does not waive its
3

right to challenge a confidentiality designation by electing not to mount a challenge

4 promptly after the original designation is disclosed.
5

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

6 resolution process by providing written notice of each designation it is challenging
7 and describing the basis for each challenge. To avoid ambiguity as to whether a
8

challenge has been made, the written notice must recite that the challenge to

9 confidentiality is being made in accordance with this specific paragraph of this
10 Protective Order. The parties shall attempt to resolve each challenge in good faith and
11

must begin the process by conferring directly (in voice to voice dialogue; other forms

12 of communication are not sufficient). In conferring, the Challenging Party must
13

explain the basis for its belief that the confidentiality designation was not proper and

14

must give the Designating Party an opportunity to review the designated material, to

15

reconsider the circumstances, and, if no change in designation is offered, to explain

16 the basis for the chosen designation. A Challenging Party may proceed to the next
17 stage of the challenge process only if it has engaged in this meet and confer process
18 f or establishes that the Designating Party is unwilling to participate in the meet
irst
19 and confer process in a timely manner.
2
0
21

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without

court intervention, the Parties shall file and serve a Joint Stipulation following the

22 procedure set forth in Local Rule 37. The Stipulation must be accompanied by a
23

competent declaration affirming that the Parties complied with the meet and confer

24 requirements imposed in the preceding paragraph.
25

The burden of proof in any such challenge proceeding shall be on the

2 Designating Party. Frivolous challenges, and those made for an improper purpose
6
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- 7]PROTECTIVE ORDER

Case~~:17-cv-07460-FMO-P' ~ Document 14 Filed 02/08/18 ~ ~e 13 of 19 Page ID #:271

1

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

2

expose the Challenging Party to sanctions.
Ifthe Parties need to file the Joint Stipulation under Local Rule 37 under seal,

3
4
~
~5
6

the Parties may file a stipulation to that effect or the moving party may file an ex pane
rnalce a 5,tnfi-fi~G~erd' ~1'ie~
in
application making the appropriate request. The Parties must
the stipulation or ex parte application as to why the Joint Stipulation or portions

7 ~ thereof should be filed under seal.
8
9

7
.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may only use Protected Material

10

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

11

this case for prosecuting, defending, or attempting to settle this litigation. Protected

12

Material may not be used for any other purpose whatsoever. Protected Material may

13

be disclosed only to the categories of persons and under the conditions described in

14

this Protective Order. When the litigation has been terminated, a Receiving Party

15_ must comply with the provisions of section 13 below (FINAL DISPOSITION).
16

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

17

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

18

under this Protective Order.

19

7
.2

Disclosure of"CONFIDENTIAL-SUBJECT TO PROTECTIVE

20

ORDER" Information or Items. Unless otherwise ordered by the Court or permitted in

21

writing by the Designating Party, a Receiving Party may disclose any information or

22

item designated "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" only to:

23

(
a)

The Receiving Party's Counsel in this action, as well as employees

24

of said Counsel to whom it is reasonably necessary to disclose the information for this

25

litigation;

2
6
27

(b)

The officers, directors, and employees (including House Counsel)

of the Receiving Party to whom disclosure is reasonably necessary for this litigation;

28
- s]PROTECTIVE ORDER

Case :17-cv-07460-FMO-A

1

(c)

~ Document 14 Filed 02/08/18 F' ~e 14 of 19 Page ID #:272

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

2 to whom disclosure is reasonably necessary for this litigation and who have signed the
3 "Acknowledgment and Agreement to Be Bound"(Exhibit A);
4

(d)

The Court and its personnel;

5

(e)

Court reporters and their staff, professional jury or trial

6

consultants, mock jurors, professional vendors, and persons or entities that provide

7 litigation support services to whom disclosure is reasonably necessary for this
8

litigation and who have signed the "Acknowledgment and Agreement to Be Bound"

9 (Exhibit A);
10

(~

During their depositions, witnesses in the action to whom

11

disclosure is reasonably necessary and who have signed the "Acknowledgment and

12

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

13 Party or ordered by the court. Pages oftranscribed deposition testimony or exhibits to
14

depositions that reveal Protected Material must be separately bound by the court

15

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

16

Order.
(g)

17
18

The author or recipient of a document containing the information

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

19

7.3

Court Hearings. If any Party or Non-Party bound by this Protective

~ n 21
,

Order intends to disclose, discuss or otherwise refer to any Protected Material in open
r 5c~v~
~
the party that
-er~t_hat person must notify
court at any~hearingh

22

designated the Protected Material, and all other parties in the action of its intention to

23

do so.

20

24

7.4

Filings with the Court. If confidential material is included in any papers

25

to be filed in Court, such papers shall be accompanied by an application to file the

2
6

papers (or the confidential portion thereof under seal, and the application must

27

demonstrate ge~e~ea~s~ for the unde seal filing.

28
f

-9ROTECTIVE ORDER

Case :17-cv-07460-FMO-P ~ Document 14 Filed 02/08/18 ~' 7e 15 of 19 Page ID #:273

1 I:
2

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

3
4
5

that compels disclosure of any information or items designated in this action as
CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER," that Party must:
"
(
a)

6
7

10
11

(
b)

14
15
16
17
18
19
20
21
22
23
24
25
26

Promptly notify in writing the party who caused the subpoena or order to

issue in the other litigation that some or all of the material covered by the subpoena or
order is subject to this Protective Order. Such notification shall include a copy of this
Protective Order; and
(
c)

12
13

Promptly notify in writing the Designating Party. Such notification shall

include a copy ofthe subpoena or court order;

8
9

PROTECTED MATERIAL SUBPOENAED OR
ORDERED PRODUCED IN OTHER LITIGATION

Cooperate with respect to all reasonably procedures sought to be pursued

by the Designating Party whose Protected Material may be affected. If the
Designating Party timely seeks a protective order, the Party served with the subpoena
or court order shall not produce any information designated in this action as
CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" before a determination
"
by the court from which the subpoena or order issued, unless the Party has obtained
the Designating Party's permission. The Designating Party shall bear the burden and
expense of seeking protection in that court of its confidential material, and nothing in
these provisions should be construed as authorizing or encouraging a Receiving Party
in this action to disobey a lawful directive from another court.
9
.

ANON-PARTY'S PROTECTED MATERIAL
SOUGHT TO BE PRODUCED IN THIS LITIGATION
(
a)

The terms of this Protective Order are applicable to information produced

by a Non-Party in this action and designated as "CONFIDENTIAL SUBJECT TO
PROTECTIVE ORDER." Such information produced by Non-Parties in connection
with this litigation is protected by the remedies and relief provided by this Protective

27
28
- lo[

]PROTECTIVE ORDER

Case~~:17-cv-07460-FMO-A" ~ Document 14 Filed 02/08/18 F' 7e 16 of 19 Page ID #:274

l ~ ~ Order. Nothing in these provisions should be construed as prohibiting allon-Party

2 f
rom seeking additional protections.
3

(
b)

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

4

produce allon-Party's confidential information in its possession, and the Party is

5

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

6 confidential information, then the Party shall:
7

(1)

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

8 that some or all of the information requested is subject to a confidentiality agreement
9 !, with allon-Party;
(
2)

10
11

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

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

12 specific description of the information requested; and (3) make the information
13

requested available for inspection by the Non-Party.

14
15

(
c)

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

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

16 Party may produce the Non-Party's confidential information responsive to the
17 discovery request. If the Non-Party timely seeks a protective order, the Receiving
18 Party shall not produce any information in its possession or control that is subject to
19 the confidentiality agreement with the Non-Party before a determination by the court.
2
0

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

21

of seeking protection in this court of its Protected Material.

22

10.

23

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

24 Protected Material to any person or in any circumstance not authorized under this
25

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

2
6

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

27

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

28
- 11PROTECTNE ORDER

Case :17-cv-07460-FMO-A

Document 14 Filed 02/08/18 F" ~e 17 of 19 Page ID #:275

1

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

2

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

3

Agreement to Be Bound" that is attached hereto as Exhibit_A.

4
5

11.

INADVERTENT PRODUCTION OF PRIVILEGED
OR OTHERWISE PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain

6
~

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

g

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

9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
10
11
12
13
14
15
16
1~
1g

may be established in an e-discovery order that provides for production without prior
Privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
Parties reach an agreement on the effect of disclosure of a communication or
information covered by the attorney-client privilege or work product protection, the
Parties may incorporate their agreement in the stipulated protective order submitted to
the Court.
12.

MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Protective Order limits or affects

the right of any Party to seek its modification by the Court in the future.

12.2 Rift to Assert Other Ob'ec~ tions. By stipulating to the entry of this
19
2
0 Protective Order, no Party waives any right it otherwise would have to object to
21
22
23
24
25
2
6
2~
28

disclosing or producing any information or item on any ground not addressed in this
Protective Order. Similarly, no Party waives any right to object on any ground to use
in evidence of any of the material covered by this Protective Order.
13.

FINAL DISPOSITION
Within 30 days after the final disposition of this action, as defined in paragraph

4 or the entry of a final judgment, each Receiving Party must return all Protected
Material to the Producing Party or destroy such material. As used in this subsection,
"all Protected Material" includes all copies, abstracts, compilations, summaries, and
- 12PROTECTIVE ORDER

Case ~j::17-cv-07460-FMO-Af

1

Document 14 Filed 02/08/18 P

~ 18 of 19 Page ID #:276

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

2 Protected Material is returned or destroyed, the Receiving Party must submit a written
3

certification to the Producing Party (and, if not the same person or entity, to the

4 Designating Party) by the 30 day deadline that(1)identifies (by category, where
5

appropriate) all the Protected Material that was returned or destroyed and (2)affirms

6

that the Receiving Party has not retained any copies, abstracts, compilations,

7

summaries or any other format reproducing or capturing any ofthe Protected Material.

8

Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

9

pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

10

correspondence, deposition and trial e~ibits, expert reports, attorney work product,

11

and consultant and expert work product, even if such materials contain Protected

12 IVlaterial. Any such archival copies that contain or constitute Protected Material
13

remain subject to this Protective Order.

14

14.

15
16

VIOLATION
any violation of this Order may be punished by appropriate measures

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

17
18

IT IS SO ORDERED.

19
2 Dated: February ~~' , 2018
0
21

~~~ I
THE HONORABLE

22
23
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25
2
6
27
28
[

- 13PROTECTIVE ORDER

Case '_:17-cv-07460-FMO-A

Document 14 Filed 02/08/18 ~ 'e 19 of 19 Page ID #:277

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4
5

I,

[address], declare under

, of

penalty of perjury under the laws of the State of California that I have read in its

6 entirety and understand this Protective Order issued by the United States District
7 Court for the Central District of California in the case ofPet-Sit Pros Long Beach,
.
~ case no. 2:17-cv-07460-FMO-AGR.
8 LLC v. Continental Casualt ,
I agree to comply with and to be bound by all the terms of this Protective Order

9
10

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

11

sanctions and punishment in the nature of contempt. I solemnly promise that I will

12

not disclose in any manner any information or item that is subject to this Protective

13

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

14

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

15

or
16 f the Central District of California for the purpose of enforcing the terms of this
17 Protective Order, even if such enforcement proceedings occur after termination ofthis
18

action.

19
20 Date:
21

City and State where signed:

22
23

Printed name:

24
25

Signature:

2
6
27
i
~
-14]PROTECTIVE ORDER

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