Moldex Metric, Inc. v. Swedsafe AB

Filing 48

AMENDMENTS TO PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Joint Stipulation to Amend Protective Order 47 . (see document for details) (hr)

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IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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MOLDEX-METRIC, INC., a
California corporation,
Plaintiff,

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v.
SWEDSAFE AB, a Swedish
company,
Defendant.

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CASE NO. 2:18-cv-03502-JFW
(AGRx)
AMENDMENTS TO PROTECTIVE
ORDER

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Case No. 2:18-cv-03502
AMENDMENTS TO PROTECTIVE ORDER

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Having considered the parties’ stipulation, and for good cause having been

2 shown, the parties’ stipulation is hereby approved.
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IT IS HEREBY ORDERED the section 15 of the Protective Order is amended

4 to provide as follows:
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Subject to the limitations in Section 7.1, Protected Material of
the Parties disclosed pursuant to this Protective Order shall be used only
for purposes of this litigation, Moldex’s actions against McKeon
Products, Inc. (Moldex-Metric, Inc. v. McKeon Products, Inc., Case No.
18-cv-06953-DSF-GJS and Moldex-Metric, Inc. v. McKeon Products,
Inc., Case. No. CV11-01742-CBM)), and any corresponding appeals.
The Parties shall maintain at least one set of documents and testimony
produced and/or disclosed in this case, including the corporate
deposition testimony of SwedSafe, and any documents or
communications referring to or incorporating information from such
documents and testimony (“Preserved Material”), regardless of whether
such Preserved Material were designated as Protected Material, until
final termination of Moldex’s actions against McKeon Products, Inc.,
including any appeals.
Within 60 days after final disposition of Moldex’s actions against
McKeon Products, Inc., including any appeals, each Receiving Party
must return all Protected Material to the Producing Party or, destroy
such material. As used in this subdivision, “all Protected Material”
includes all copies, abstracts, compilations, summaries, and any other
format reproducing or capturing any of the Protected Material.
Whether the Protected Material is returned or destroyed, the Receiving
Party must submit a written certification to the Producing Party (and, if
not the same person or entity, to the Designating Party) by the 60 day
deadline that (1) identifies (by category, where appropriate) all the
Protected Material that was returned or destroyed and (2) affirms that
the Receiving Party has not retained any copies, abstracts,
compilations, summaries or any other format reproducing or capturing
any of the Protected Material. Notwithstanding this provision, Counsel
are entitled to retain an archival copy of all pleadings, motion papers,
trial, deposition, and hearing transcripts, legal memoranda,
correspondence, deposition and trial exhibits, expert reports, attorney
work product, and consultant and expert work product, even if such
materials contain Protected Material. Any such archival copies that
contain or constitute Protected Material remain subject to this Protected
Order as set forth in Section 4 (DURATION).
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Case No. 2:18-cv-03502
AMENDMENTS TO PROTECTIVE ORDER

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IT IS FURTHER ORDERED that section 7.1 of the Protective Order is

2 amended to provide as follows:
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Basic Principles. A Receiving Party may disclose Protected
Material only to the categories of persons and under the conditions
described in this Order. When the litigation has been terminated, a
Receiving Party must comply with the provisions of section 15 below
(FINAL DISPOSITION). Protected Material must be stored and
maintained by a Receiving Party at a location and in a secure manner
that ensures that access is limited to the persons authorized under this
Order. All Protected Material, along with the information contained in
the Protected Material, shall be used solely for purposes of this action,
and no person receiving such Protected Material shall, directly or
indirectly, transfer, disclose, or communicate in any way the contents
of the documents to any person other than those specified in Paragraphs
7.2 and 7.3; provided, however, Protected Material that explicitly
identifies McKeon Products, Inc. as the author, sender, or recipient, or
which discusses or concerns any statements made or actions taken by,
for, or on behalf of McKeon Products, Inc., as well as any testimony
regarding such Protected Material, may be used in Moldex’s actions
against McKeon Products, Inc. (Moldex-Metric, Inc. v. McKeon
Products, Inc., Case No. 18-cv-06953-DSF-GJS and Moldex-Metric,
Inc. v. McKeon Products, Inc., Case. No. CV11-01742-CBM), and any
corresponding appeals, provided that its confidentiality is maintained
in those actions under the same or substantially similar
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ATTORNEYS'
EYES ONLY" designations (as the case may be).
DATED: February 20, 2019

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Hon. Alicia G. Rosenberg
United States Magistrate Judge

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Case No. 2:18-cv-03502
AMENDMENTS TO PROTECTIVE ORDER