A and F Bahamas, LLC v. World Venture Group et al
Filing
109
PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal re Stipulation for Protective Order 106 . (see order for details) (hr)
Anthony R. Paesano MI Bar No. P60173
Appearm ro hac vice
apaesano paawlawfirm.com
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PAESAN AKKASHIAN APKARIAN,P.C.
7457 Franklin Road, Suite 200
Bloomfield Hills, MI 48301
Telephone: (248)792-6886
Facsimile: (248)792-6885
Attorneys for Plaintiff/Judgment Creditor
A&F BAHAMAS,LLC,aFlorida limited liability
company
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
A&F BAHAMAS,LLC, a Florida limited
liability company,
Case No.
2:17-cv-08523-VAP-~SSX>
Plaintiff/Judgment Creditor,
v.
WORLD VENTURE GROUP,INC., a
California corporation, WORLD
VENTURE CAPITAL,INC., a New York
corporation, D. GENO BRLTNTON,
DESMOND BRLJNTON,jointly and
severally,
•~~'~:
Defendants/Judgment
Debtors.
This matter having come before the Court pursuant to the Court's October
19, 2018 Order Granting in Part and Denying in Part Plaintiff's Motion to Compel
Responses to Subpoena to Non-Party Debtor Christine Brunton (Dkt. No. 93);
Plaintiff having submitted its proposed Stipulation and Order for Protective Order
to counsel for Non-Party Debtor Christine Brunton for approval but having
received no response; and the Court being fully advised in the premises and finding
that a protective order is necessary; the Court hereby orders that any party or nonparty (the "producing party") may designate information, documents, or things
as "Confidential" under the following terms and conditions:
1.
Purposes and Limitations:
Discovery in this action is likely to involve production of confidential,
proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
enter the following Stipulated Protective Order. The parties acknowledge that this
Order does not confer blanket protections on all disclosures or responses to
discovery and that the protection it affords from public disclosure and use extends
only to the limited information or items that are entitled to confidential treatment
under the applicable legal principles. The parties further acknowledge, as set forth
in Section 19, below, that this Stipulated Protective Order does not entitle them to
f confidential information under seal; Civil Local Rule 79-5 sets forth the
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procedures that must be followed and the standards that will be applied when a
party seeks permission from the court to file material under seal.
2
.
Good Cause Statement
:
This Stipulated Protective Order is being submitted pursuant to the
October 19, 2018 Order ofthis Court in order to address Non-Party Christine
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Brunton's privacy concerns regarding the production of documents in response to
Plaintiff A&F Bahamas, LLC's Apri120, 2018 Subpoena to her.
3.
Any document, information, or thing may be designated
"
Confidential" if the producing party determines in good faith that it contains
confidential or proprietary information.
4.
A producing party may designate any. document or other tangible
information or thing as "Confidential" by conspicuously stamping or appending
the appropriate designation. In the case of a paper document, a producing party
may so mark the first page ofa multipage document or each applicable page. In the
case of an electronic document, a producing party may append to that document
the .appropriate designation that does not alter the metadata associated with the
document, or may place the appropriate designation mark "CONFIDENTIAL" on
the outside of the medium (whether disc, hard drive, etc.) containing the document.
5.
A
non-producing party
may also
designate
any
document,
information, or things produced during the course of this proceeding, not already
designated "Confidential" as "Confidential" as if it were a producing party. The
non-producing party shall accomplish such designation by notifying all parties in
writing ofthe specific item so designated.
6.
A producing party may designate documents, information, or things
disclosed at a deposition as "Confidential" on the record during the deposition or,
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within 30 days of receiving the deposition transcript, by notifying all parties in
writing of the specific item so designated or the lines and pages of the transcript
that are "Confidential." All deposition transcripts and exhibits will be deemed
Confidential for a period of 30 days after the receipt of the deposition transcript.
a. If a producing party designates such materials as "Confidential" on
the record, the court reporter shall indicate that fact on the cover page
ofthe transcript that the transcript includes "Confidential"
information, and shall list the pages and line numbers and/or e~chibits
of the transcript on or in which such information is contained, and
shall bind the transcript in separate portions containing
"
Confidential," and non-Confidential material. Further, during the
period in which such "Confidential" information is discussed
during the deposition, any person present during the deposition who
is not authorized to receive such information under Paragraph 10
below shall be excluded from that portion of the deposition.
b. Anon-producing party may designate documents, information, or
things disclosed at a deposition as "Confidential" in the same manner
as a producing party.
7
.
If a party producing documents inadvertently fails to mark a
document as "Confidential" for which it desires such treatment, it shall so
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inform the party receiving the documents forthwith, but in no event later than
thirty (30) days following discovery of the inadvertent disclosure. The receiving
party thereupon shall return the unmarked documents to the producing party and
the producing party shall substitute properly marked documents.
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.
The inadvertent or unintentional disclosure by a producing party
supplying confidential discovery material, regardless of whether such discovery
material was designated as "Confidential," shall not be deemed a waiver in whole
or in part of the producing party's claim of confidentiality with respect to the
discovery material disclosed, provided that the producing party making such
inadvertent or unintentional disclosure notifies the receiving parties forthwith, but
in no event later than thirty (30) days after it learns of such inadvertent or
unintentional
disclosure. If discovery material has been disclosed and is
subsequently designated as "Confidential," the disclosing party shall make good
f
aith efforts to preserve the "Confidential" nature of such discovery material and
to obtain compliance with this Order from any person to whom such discovery
material was disclosed.
9
.
Ifa producing party, at the time of disclosure, inadvertently fails to
identify as "Confidential" any discovery material (including, without limitation,
documents, oral, visual, or recorded information) for which it desires such
treatment, and another party files the material with the Court prior to receiving
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notice that such material was inadvertently disclosed without the desired
designation, the producing party who made the inadvertent disclosure shall be
responsible for seeking appropriate relief from the Court.
10.
Should any party object to a designation of any information,
documents, or things as "Confidential," the parties or the producing party shall, on
an expedited basis, meet and confer in a good-faith attempt to reach an agreement
regarding the status ofthe information, documents, or things pursuant to Local Rule
37.1 et seq. The parties are strongly encouraged to resolve all such objections
and, if appropriate, utilize the services of a neutral to assist the parties in the
resolution of the dispute. If any objection is not thereby resolved, the party
claiming the "Confidential" status of the information, documents, or things may
bring the dispute before the Court fora determination. The party claiming the
"
Confidential" designation shall have the burden of proving good cause for the
entry of an order maintaining the designation of the information, documents, or
testimony under the terms of this Stipulated Protective Order. Until the Court
makes such determination, all material designated as "Confidential" shall be treated
as such.
1 1.
All information, documents, or things produced, exchanged, or
inspected in the course of this proceeding shall be used solely for the purposes
of this proceeding or any other proceeding including substantially similar parties
D
or substantially similar issues.
12.
All documents, information, or things designated as "Confidential"
shall be made available only to the Court's staff and to counsel for the parties
(
including the paralegal, clerical, and secretarial staff employed by such counsel
in connection with this case) and the following persons:
a. The parties and those agents and employees that are directly involved
in the prosecution or defense ofthis matter;
b. experts or consultants (together with their clerical staf retained by
f
the respective parties to assist in this case;
c. any court reporter employed in this case;
d. a witness at any deposition or other proceeding in this case;
e. a potential witness; and
f any other person with the written consent of the parties (and any
.
affected non-party producing party) or upon order ofthe Court.
13.
Materials designated as "Confidential" shall not be made available to
persons other than those authorized in paragraph 12 above —even if attached to
or contained within otherwise non-Confidential materials, such as transcripts,
memoranda, discovery responses, or affidavits. The "Confidential" information
must be removed before the remaining materials may be made available to those
other persons.
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14.
Materials designated as "Confidential" shall not be disclosed by
opposing counsel to former agents or representatives of Plaintiff or Defendant,
respectively, or to a testifying or non-testifying expert or consultant under
paragraph 12 unless and until such agent, representative, expert, or consultant
has first been supplied with and has read a copy of this Order and has executed a
copy of the Confidentiality Agreement attached as Exhibit A.
Current
representatives of Plaintiff and Defendant are not required to execute a copy of
the Confidentiality Agreement, but must be advised regarding the provisions of
this Protective Order.
15.
No documents, information, or things designated as "Confidential,"
including that contained in pleadings, motions, briefs, declarations, or exhibits
(
except in sealed envelopes) shall be filed with the Court. Such sealed envelopes
shall bear the case caption and shall recite a concise, non-disclosing inventory of
their contents for docketing purposes. Additionally, in the case of materials or
information designated "Confidential," such sealed envelopes shall prominently
bear the notice:
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CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO
PROTECTIVE ORDER. TO BE OPENED ONLY BY OR AS
DIRECTED BY THE COURT.
To the extent practical, only those portions of a filing with the Court that
contain material designated as "Confidential" shall be filed under seal (as provided
in paragraph 19) or provided to the Court for in camera inspection. The Court
and its staff shall maintain all filings so designated pending further order or
direction from the Court. Provided that no "Confidential" information is disclosed,
the parties may generally refer to documents designated as "Confidential" in
pleadings, motions, briefs, affidavits, or e~ibits filed with the Court, without filing
such pleadings, motions, briefs, affidavits, or exhibits under seal.
16.
Nothing in this Order shall preclude any party or their attorneys from:
a. Showing materials designated as "Confidential" to an individual who
either prepared or reviewed the document, or is shown by the
document to have received the document.
b. Disclosing or using, in any manner or for any purpose, any
information, documents, or things from the party's own files that the
party itself designated as "Confidential."
c. Disclosing or using, in any manner or for any purpose, any
9
information, document, or thing at the trial or any hearing in this this
matter. But if a party intends to use or offer into evidence at such trial
or court hearing any materials designated as "Confidential," that party
must, unless otherwise ordered by the Court, so inform the producing
party in a reasonable time in advance to allow the producing party to
take such steps that it deems reasonably necessary to preserve the
confidentiality of such information or documents.
d. Redacting information from documents produced in accordance with
the discovery process, including information that is irrelevant to this
action and would provide the opposing party with a business
advantage over the producing party if it is produced. Nothing in this
sub-section limits the opposing party from challenging such
redactions before this Court.
17.
If either party is served with a subpoena or similar process, from any
person or entity
whatsoever, directing that party to produce any materials
designated as "Confidential" by another party, counsel for that party shall
immediately give counsel for the designating party written notice of such service
so that the designating. party may seek a protective order or otherwise act to
protect the confidentiality ofthe designated materials.
18.
Within sixty (60) days of the conclusion of this action, including
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any appeals, all originals and reproductions of any materials designated as
"
Confidential" shall be destroyed at the request of the opposing party. However,
counsel for the parties may retain one complete set (including exhibits) of
pleadings and motion papers filed with the Court, and one complete copy of
deposition testimony given in this action. Upon request, counsel for the receiving
party shall provide written verification to the producing party that all copies of
such materials produced to the receiving party have been destroyed, other than
as indicated in this paragraph. Materials designated as "Confidential" that are in
the custody of the Court are excepted from the terms of this paragraph.
19.
This Order does not authorize or permit the filing of any documents
under seal —which parties may not do by stipulation. Records may only be sealed
if authorized by statute, rule, or order of the Court. The party that seeks to file
under seal any Protected Material must comply with Civil Local Rule 79-5.
Protected Material may only be filed under seal pursuant to a court order
authorizing the sealing ofthe specific Protected Material at issue. Ifa Party's request
to file Protected Material under seal is denied by the court,then the Receiving Party
may file the information in the public record unless otherwise instructed by the
court.
20.
If information or materials are inadvertently produced that are subject
to a claim of attorney-client privilege, attorney work product or any other ground
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on which production ofsuch information or materials should not be made to a party,
such production shall in no way prejudice or otherwise constitute a waiver of, or
estoppel as to, any claim of privilege, work product or other ground for
withholding production to which the producing party would otherwise be entitled.
Any and all facially privileged or work product materials inadvertently produced
shall be returned promptly, when discovered, in accordance with ABA Rules of
Professional Conduct Formal Opinion 92-368 (1992). Any other inadvertently
produced privileged materials shall be promptly returned upon the request of the
producing party.
21.
The terms of this Order shall remain in effect after the action and any
related appeals are concluded, except that there shall no longer be any restriction
on use of materials .designated as "Confidential" that are used as exhibits at trial
(
unless such exhibits were used under seal or protective order at trial).
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Hon. Suzanne Segal
United States Magistra e Judge
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Respectfully submitted,
PAESANO AKKASHIAN APKARIAN,P.C.
By:/s/Anthonv R. Paesano
ANTHONY R. PAESANO
Attorney for Plaintiff/Judgment Creditor
A&F BAHAMAS,LLC
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EXHIBIT A CONFIDENTIALITY AGREEMENT
STATE OF
ss.
COUNTY OF
I
,
being first duly sworn, state that:
1.
My address is:
2
My present employer is
my employer is
3
.
My present occupation is
4
.
1 have received a copy ofthe Stipulated Protective Order in this case of
Case No.
the United States District Court for the Central District of California.
and the address of
in
5.
I submit to the jurisdiction ofthe United States District Court for the Central District of
California for purposes of Enforcement ofthe Stipulated Protective Order.
6
.
I have carefully read and understand the provisions of the Stipulated Protective Order,
and I will comply with all of its provisions.
Subscribe and sworn to before me,
this
day of
,2018.
Notary Public
My commission expires:
Acting in the County of.
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