Brendan Greaves v. Diane Warren et al

Filing 25

STIPULATED PROTECTIVE ORDER by Magistrate Judge Steve Kim re Stipulation for Protective Order 24 . (see order for details) (hr)

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Richard S. Busch (SBN 319881)
E-Mail: [e-mail]
KING & BALLOW
1999 Avenue of the Stars, Suite 1100
Century City, CA 90067
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
BRENDAN GREAVES

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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BRENDAN GREAVES,
Plaintiff,

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vs.

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DIANE WARREN, individually and as
the representative and administrator of the
1992 DIANE WARREN TRUST,

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Case No. 2:18-cv-4986 VAP (SKx)
STIPULATED PROTECTIVE ORDER
[Discovery Document: Referred to
Magistrate Judge Steve Kim]

Defendant.

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1.

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Discovery in this action is likely to involve production of confidential,

A. PURPOSES AND LIMITATIONS

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proprietary, or private information for which special protection from public disclosure

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and from use for any purpose other than prosecuting this litigation may be warranted.

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Accordingly, the parties hereby stipulate to and petition the Court to enter the following

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Stipulated Protective Order. The parties acknowledge that this Order does not confer

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blanket protections on all disclosures or responses to discovery and that the protection it

1 affords from public disclosure and use extends only to the limited information or items
2 that are entitled to confidential treatment under the applicable legal principles. The
3 parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated
4 Protective Order does not entitle them to file confidential information under seal; Civil
5 Local Rule 79-5 sets forth the procedures that must be followed and the standards that
6 will be applied when a party seeks permission from the court to file material under seal.

B. GOOD CAUSE STATEMENT

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Discovery in this action is likely to involve production of confidential,

9 proprietary, or private information for which special protection from public disclosure
10 and from use for any purpose other than prosecuting this litigation may be warranted.
11 Such confidential and proprietary materials and information consist of, among other
12 things, confidential business or financial information, information otherwise generally
13 unavailable to the public, or which may be privileged or otherwise protected from
14 disclosure under state or federal statutes, court rules, case decisions, or common law.
15 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of
16 disputes over confidentiality of discovery materials, to adequately protect information
17 the parties are entitled to keep confidential, to ensure that the parties are permitted
18 reasonable necessary uses of such material in preparation for and in the conduct of trial,
19 to address their handling at the end of the litigation, and serve the ends of justice, a
20 protective order for such information is justified in this matter. It is the intent of the
21 parties that information will not be designated as confidential for tactical reasons and
22 that nothing be so designated without a good faith belief that it has been maintained in a
23 confidential, non-public manner, and there is good cause why it should not be part of the
24 public record of this case.
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2.

DEFINITIONS

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2.1

Action: this pending federal law suit.

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2.2

Challenging Party: a Party or Non-Party that challenges the
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designation of information or items under this Order.

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2.3

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

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for protection under Federal Rule of Civil Procedure 26(c), and as specified

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above in the Good Cause Statement.

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2.4

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attorneys for a Party (as well as their respective support staff).

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2.5

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

“CONFIDENTIAL” Information or Items: information (regardless

Counsel: Outside Counsel of Record, House Counsel and other
Designating Party: a Party or Non-Party that designates information

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“CONFIDENTIAL.”’

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2.6

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

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maintained (including, among other things, testimony, transcripts, and

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tangible things), that are produced or generated in disclosures or responses

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to discovery in this matter.

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2.7

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

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

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2.8

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Action. House Counsel does not include Outside Counsel of Record or any

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other outside counsel.

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2.9

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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

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Action and have appeared in this Action on behalf of that party or are

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affiliated with a law firm which has appeared on behalf of that party, and

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includes support staff.

Disclosure or Discovery Material: all items or information,

Expert: a person with specialized knowledge or experience in a

House Counsel: attorneys who are employees of a party to this

Non-Party: any natural person, partnership, corporation, association,

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

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

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(and their support staffs).

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2.12 Producing Party: any party to this Action, including all of its officers,

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

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Record (and their support staffs).

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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

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exhibits or demonstrations, and organizing, storing, or retrieving data in any

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form or medium) and their employees and subcontractors.

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2.14 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL.”

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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

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The protections conferred by this Stipulation and Order cover not only Protected

18 Material (as defined above), but also (1) any information copied or extracted from
19 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
20 Material; and (3) any testimony, conversations, or presentations by Parties or their
21 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

23 judge. This Order does not govern the use of Protected Material at trial.
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4.

DURATION

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Once a case proceeds to trial, all of the information that was designated as

27 confidential or maintained pursuant to this protective order becomes public and will be
28 presumptively available to all members of the public, including the press, unless

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1 compelling reasons supported by specific factual findings to proceed otherwise are made
2 to the trial judge in advance of the trial. See Kamakana v. City and County of Honolulu,
3 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for
4 sealing documents produced in discovery from “compelling reasons” standard when
5 merits-related documents are part of court record). Accordingly, the terms of this
6 protective order do not extend beyond the commencement of the trial.
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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for

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Protection. Each Party or Non-Party that designates information or items

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

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to specific material that qualifies under the appropriate standards. The

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Designating Party must designate for protection only those parts of

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material, documents, items, or oral or written communications that qualify

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

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for which protection is not warranted are not swept unjustifiably within the

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ambit of this Order.

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Mass, indiscriminate or routinized designations are prohibited.

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Designations that are shown to be clearly unjustified or that have been made

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for an improper purpose (e.g., to unnecessarily encumber the case

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development process or to impose unnecessary expenses and burdens on

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other parties) may expose the Designating Party to sanctions.

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

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items that it designated for protection do not qualify for protection, that

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Designating Party must promptly notify all other Parties that it is

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withdrawing the inapplicable designation.

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5.2

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

Manner and Timing of Designations. Except as otherwise provided

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otherwise stipulated or ordered, Disclosure or Discovery Material that

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qualifies for protection under this Order must be clearly so designated

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before the material is disclosed or produced.

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Designation in conformity with this Order requires:

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(a) for information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other

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pretrial or trial proceedings), that the Producing Party affix at a

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minimum,

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“CONFIDENTIAL legend”), to each page that contains protected

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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

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

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markings in the margins).

the

legend

“CONFIDENTIAL”

(hereinafter

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

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inspection need not designate them for protection until after the

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inspecting Party has indicated which documents it would like copied

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and produced. During the inspection and before the designation, all

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of the material made available for inspection shall be deemed

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“CONFIDENTIAL.” After the inspecting Party has identified the

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documents that it wants copied and produced, the Producing Party

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must determine which documents, or portions thereof, qualify for

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protection under this Order. Then, before producing the specified

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documents, the Producing Party must affix the “CONFIDENTIAL

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legend” to each page that contains Protected Material. If only a

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portion or portions of the material on a page qualifies for protection,

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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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(b) for testimony given in depositions that the Designating Party

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identify the Disclosure or Discovery Material on the record,

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before the close of the deposition all protected testimony.

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(c) 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

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a prominent place on the exterior of the container or containers in

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which the information is stored the legend “CONFIDENTIAL.”

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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 portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone,

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waive the Designating Party’s right to secure protection under this Order

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

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Party must make reasonable efforts to assure that the material is treated in

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accordance with the provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1

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.

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6.2

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resolution process under Local Rule 37.1 et seq.

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6.3

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

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improper purpose (e.g., to harass or impose unnecessary expenses and

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burdens on other parties) may expose the Challenging Party to sanctions.

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Unless the Designating Party has waived or withdrawn the confidentiality

Meet and Confer. The Challenging Party shall initiate the dispute
The burden of persuasion in any such challenge proceeding shall be

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designation, all parties shall continue to afford the material in question the

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level of protection to which it is entitled under the Producing Party’s

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designation until the Court rules on the challenge.

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7.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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7.1

Basic Principles. A Receiving Party may use Protected Material that

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

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with this Action only for prosecuting, defending, or attempting to settle this

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Action. Such Protected Material may be disclosed only to the categories of

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persons and under the conditions described in this Order. When the Action

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has been terminated, a Receiving Party must comply with the provisions of

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section 13 below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by a Receiving

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Party at a location and in a secure manner that ensures that access is limited

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to the persons authorized under this Order.

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7.2

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otherwise ordered by the court or permitted in writing by the Designating

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Party, a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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(a) the Receiving Party’s Outside Counsel of Record in this Action,

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as well as employees of said Outside Counsel of Record to whom

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it is reasonably necessary to disclose the information for this

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Action;

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(b) the officers, directors, employees and other representatives

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(including House Counsel) of the Receiving Party to whom

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disclosure is reasonably necessary for this Action;

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(c) experts (as defined in this Order) of the Receiving Party to whom

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disclosure is reasonably necessary for this Action and who have
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signed the “Acknowledgment and Agreement to Be Bound”

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(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

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for this Action and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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(g) the author or recipient of a document containing the information

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or a custodian or other person who otherwise possessed or knew

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the information;

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(h) during their depositions, witnesses, and attorneys for witnesses,

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in the Action to whom disclosure is reasonably necessary

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provided: (1) the deposing party requests that the witness sign the

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form attached as Exhibit 1 hereto; and (2) they will not be

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permitted to keep any confidential information unless they sign

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

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unless otherwise agreed by the Designating Party or ordered by

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the court. Pages of transcribed deposition testimony or exhibits to

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depositions that reveal Protected Material may be separately

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bound by the court reporter and may not be disclosed to anyone

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except as permitted under this Stipulated Protective Order; and

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(i) any mediator or settlement officer, and their supporting

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personnel, mutually agreed upon by any of the parties engaged in

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settlement discussions.

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8.

PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that

4 compels disclosure of any information or items designated in this Action as
5 “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;

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(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

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covered by the subpoena or order is subject to this Protective

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Order. Such notification shall include a copy of this Stipulated

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Protective Order; and

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(c) cooperate with respect to all reasonable procedures sought to be

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pursued by the Designating Party whose Protected Material may

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be affected.

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

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served with the subpoena or court order shall not produce any

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information designated in this action as “CONFIDENTIAL” before

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a determination by the court from which the subpoena or order

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issued, unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense

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of seeking protection in that court of its confidential material and

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nothing in these provisions should be construed as authorizing or

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encouraging a Receiving Party in this Action to disobey a lawful

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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

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“CONFIDENTIAL.” Such information produced by Non-Parties

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in connection with this litigation is protected by the remedies and

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relief provided by this Order. Nothing in these provisions should

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be construed as prohibiting a Non-Party from seeking additional

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protections.

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(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

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possession, and the Party is subject to an agreement with the Non-

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Party not to produce the Non-Party’s confidential information,

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then the Party shall:

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1) promptly notify in writing the Requesting Party and the

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Non-Party that some or all of the information requested is

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subject to a confidentiality agreement with a Non-Party;

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

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Stipulated Protective Order in this Action, the relevant

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discovery request(s), and a reasonably specific description

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of the information requested; and

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3) make the information requested available for inspection by
the Non-Party, if requested.

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(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

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information, the Receiving Party may produce the Non-Party’s

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confidential information responsive to the discovery request. If

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the Non-Party timely seeks a protective order, the Receiving Party
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shall not produce any information in its possession or control that

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is subject to the confidentiality agreement with the Non-Party

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before a determination by the court. Absent a court order to the

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contrary, the Non-Party shall bear the burden and expense of

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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

9 Protected Material to any person or in any circumstance not authorized under this
10 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
11 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
12 all unauthorized copies of the Protected Material, (c) inform the person or persons to
13 whom unauthorized disclosures were made of all the terms of this Order, and (d) request
14 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”
15 that is attached hereto as Exhibit A.
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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain

20 inadvertently produced material is subject to a claim of privilege or other protection, the
21 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure
22 26(b)(5)(B). This provision is not intended to modify whatever procedure may be
23 established in an e-discovery order that provides for production without prior privilege
24 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach
25 an agreement on the effect of disclosure of a communication or information covered by
26 the attorney-client privilege or work product protection, the parties may incorporate their
27 agreement in the stipulated protective order submitted to the court.
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12.

MISCELLANEOUS

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

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

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

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Protective Order no Party agrees to produce documents, items or

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information within this Protective Order’s scope or waives any right it

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otherwise would have to object to disclosing or producing any information

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or item on any ground not addressed in this Stipulated Protective Order.

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Similarly, no Party waives any right to object on any ground to use in

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evidence of any of the material covered by this Protective Order.

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

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

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Material may only be filed under seal pursuant to a court order authorizing

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the sealing of the specific Protected Material at issue. If a Party's request to

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file Protected Material under seal is denied by the court, then the Receiving

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Party may file the information in the public record unless otherwise

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instructed by the court.

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13.

FINAL DISPOSITION

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

21 of a written request by the Designating Party, each Receiving Party must return all
22 Protected Material to the Producing Party or destroy such material. As used in this
23 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
24 summaries, and any other format reproducing or capturing any of the Protected Material.
25 Whether the Protected Material is returned or destroyed, the Receiving Party must
26 submit a written certification to the Producing Party (and, if not the same person or
27 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,
28 where appropriate) all the Protected Material that was returned or destroyed and

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1 (2)affirms that the Receiving Party has not retained any copies, abstracts, compilations,
2 summaries or any other format reproducing or capturing any of the Protected Material.
3 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
4 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
5 correspondence, deposition and trial exhibits, expert reports, attorney work product, and
6 consultant and expert work product, even if such materials contain Protected Material.
7 Any such archival copies that contain or constitute Protected Material remain subject to
8 this Protective Order as set forth in Section 4 (DURATION).
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Any violation of this Order may be punished by any and all appropriate measures

10 including, without limitation, contempt proceedings and/or monetary sanctions.
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14 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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December 21, 2018
16 Dated: __________________________
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18 _________________________________
19 Honorable Steve Kim
20 United States Magistrate Judge
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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of _________________
4 [print or type full address], declare under penalty of perjury that I have read in its
5 entirety and understand the Stipulated Protective Order that was issued by the United
6 States District Court for the Central District of California on [date] in the case of
7 Greaves v. Warren, Case No. 2:18-cv-4986 VAP (SKx). I agree to comply with and to
8 be bound by all the terms of this Stipulated Protective Order and I understand and
9 acknowledge that failure to so comply could expose me to sanctions and punishment in
10 the nature of contempt. I solemnly promise that I will not disclose in any manner any
11 information or item that is subject to this Stipulated Protective Order to any person or
12 entity except in strict compliance with the provisions of this Order.
13 I further agree to submit to the jurisdiction of the United States District Court for the
14 Central District of California for the purpose of enforcing the terms of this Stipulated
15 Protective Order, even if such enforcement proceedings occur after termination of this
16 action. I hereby appoint __________________________ [print or type full name] of
17 _______________________________________ [print or type full address and
18 telephone number] as my California agent for service of process in connection with this
19 action or any proceedings related to enforcement of this Stipulated Protective Order.
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21 Date: ______________________________________
22 City and State where sworn and signed: _________________________________
23 Printed name: _______________________________
24 Signature: __________________________________
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