Jiae Lee v. Dong Yeoun Lee et al

Filing 61

AMENDED PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Amended Stipulation for Protective Order 58 . (see document for details) (hr)

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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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Case No.: 2:19-CV-08814 JAK (PVCx)

JIAE LEE,
Plaintiff,

AMENDED STIPULATED
PROTECTIVE ORDER

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v.
DONG YEOUN LEE, aka DAMON
LEE; and GRACE MIN;

Complaint Filed: October 14, 2019

Defendants,
Consolidated Case: Creative Global
Investment, Inc., et al. v. Jiae Lee, et al.
(California Central District Court; Case
No. 2:19-cv-9564-JAK-FFM)

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This Amended Stipulated Protective Order supersedes the Protective Order

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Pursuant to Stipulation, previously entered in this action as Docket No. 35, to

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provide for “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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designations.

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I.

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

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proprietary, or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may

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be warranted. Accordingly, the parties hereby stipulate to and petition the Court

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to enter the following Stipulated Protective Order. The parties acknowledge that

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this Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends

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only to the limited information or items that are entitled to confidential treatment

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under the applicable legal principles. The parties further acknowledge, as set forth

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in Section XIII(C), below, that this Stipulated Protective Order does not entitle

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them to file confidential information under seal; Civil Local Rule 79-5 sets forth

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the procedures that must be followed and the standards that will be applied when a

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party seeks permission from the Court to file material under seal.

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II.

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GOOD CAUSE STATEMENT
This action is likely to involve trade secrets, franchise agreements,

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customer and supplier lists, sales and revenue information, and other valuable

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research, development, commercial, financial, technical and/or proprietary

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information for which special protection from public disclosure and from use for

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

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

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confidential business or financial information, information regarding confidential

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business practices, or other confidential research, development, or commercial

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

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

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privileged or otherwise protected from disclosure under state or federal statutes,

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court rules, case decisions, or common law. Accordingly, to expedite the flow of

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information, to facilitate the prompt resolution of disputes over confidentiality of

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discovery materials, to adequately protect information the parties or non-parties

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

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necessary uses of such material in preparation for and in the conduct of trial, to

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address their handling at the end of the litigation, and serve the ends of justice, a

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protective order for such information is justified in this matter. It is the intent of

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the parties that information will not be designated as confidential or highly

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confidential for tactical reasons and that nothing be so designated without a good

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faith belief that it has been maintained in a confidential, non-public manner, and

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there is good cause why it should not be part of the public record of this case.

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III.

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DEFINITIONS
A.

Action: The lead action entitled Jiae Lee v. Dong Yeoun Lee, et al.

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(Central District of California, Western Division, Case No. 2:19-cv-08814-JAK-

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PVC), as well as the consolidated action entitled Creative Global Investment, Inc.,

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et al. v. Jiae Lee, et al. (Central District of California, Western Division, Case No.

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2:19-cv-9564-JAK-FFM).

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B.

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

designation of information or items under this Order.
C.

“CONFIDENTIAL” Information or Items: Information (regardless

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

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

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the Good Cause Statement.

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D.

Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).
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Designating Party: A Party or Non-Party that designates information

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY.”

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F.

Disclosure or Discovery Material: All items or information,

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

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

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

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G.

Expert: A person with specialized knowledge or experience in a

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

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

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H.

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items: Extremely sensitive “Confidential Information or Items,”

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disclosure of which to another Party or Non-Party would create a substantial risk

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of serious harm that could not be avoided by less restrictive means.

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I.

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

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

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outside counsel.

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

or other legal entity not named as a Party to this action.
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Outside Counsel of Record: Attorneys who are not employees of a

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

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

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

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L.

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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).
M.

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Producing Party: A Party or Non-Party that produces Disclosure or

Discovery Material in this Action.
N.

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Professional Vendors: Persons or entities that provide litigation

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

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

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medium) and their employees and subcontractors.
O.

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Protected Material: Any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.”

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P.

Receiving Party: A Party that receives Disclosure or Discovery

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Material from a Producing Party.

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IV.

SCOPE
A.

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The protections conferred by this Stipulation and Order cover not

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only Protected Material (as defined above), but also (1) any information copied or

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

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

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presentations by Parties or their Counsel that might reveal Protected Material.
B.

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Any use of Protected Material at trial shall be governed by the orders

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

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trial.

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V.

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DURATION
Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action,

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with or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of

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time pursuant to applicable law.

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VI.

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DESIGNATING PROTECTED MATERIAL
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Exercise of Restraint and Care in Designating Material for

Protection.
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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

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designation to specific material that qualifies under the appropriate

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standards. The Designating Party must designate for protection only

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those parts of material, documents, items, or oral or written

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communications that qualify so that other portions of the material,

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documents, items, or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of this Order.

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2.

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Designations that are shown to be clearly unjustified or that have

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been made for an improper purpose (e.g., to unnecessarily encumber

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the case development process or to impose unnecessary expenses and

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burdens on other parties) may expose the Designating Party to

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sanctions.

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3.

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

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that Designating Party must promptly notify all other Parties that it is

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withdrawing the inapplicable designation.

Mass, indiscriminate, or routinized designations are prohibited.

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

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B.

Manner and Timing of Designations.

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Except as otherwise provided in this Order (see, e.g., Section

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B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or

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Discovery Material that qualifies for protection under this Order must

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be clearly so designated before the material is disclosed or produced.

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2.

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following:

Designation in conformity with this Order requires the

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a.

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

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electronic documents, but excluding transcripts of depositions

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

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affix the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each

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page that contains protected material. If only a portion or

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

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Producing Party also must clearly identify the protected

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

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margins) and must specify, for each portion, the level of

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protection being asserted.

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b.

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available for inspection need not designate them for protection

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until after the inspecting Party has indicated which documents

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it would like copied and produced. During the inspection and

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before the designation, all of the material made available for

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inspection shall be deemed “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.” After the inspecting Party has

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identified the documents it wants copied and produced, the

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Producing Party must determine which documents, or portions

A Party or Non-Party that makes original documents

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thereof, qualify for protection under this Order. Then, before

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producing the specified documents, the Producing Party must

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affix the appropriate legend (“CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY”) to each page that contains Protected Material. If only

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

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protection, the Producing Party also must clearly identify the

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

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the margins) and must specify, for each portion, the level of

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protection being asserted.

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c.

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Party identify on the record, before the close of the deposition,

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all protected testimony and specify the level of protection

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being asserted.

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d.

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documentary and for any other tangible items, that the

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Producing Party affix in a prominent place on the exterior of

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the container or containers in which the information or item is

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stored the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a

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portion or portions of the information or item warrants

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

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identify the protected portion(s) and specify the level of

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protection being asserted.

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C.

For testimony given in deposition, that the Designating

For information produced in some form other than

Inadvertent Failure to Designate.

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If timely corrected, an inadvertent failure to designate qualified

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information or items does not, standing alone, waive the Designating

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Party’s right to secure protection under this Order for such material.

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Upon timely correction of a designation, the Receiving Party must

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make reasonable efforts to assure that the material is treated in

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accordance with the provisions of this Order.

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VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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A.

Timing of Challenges.

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1.

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

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Scheduling Order.

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B.

Any Party or Non-Party may challenge a designation of

Meet and Confer.

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The Challenging Party shall initiate the dispute resolution

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process under Local Rule 37.1 et seq.

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C.

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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

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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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The burden of persuasion in any such challenge proceeding shall be

VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
A.

Basic Principles

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A Receiving Party may use Protected Material that is disclosed

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or produced by another Party or by a Non-Party in connection with

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

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this Action. Such Protected Material may be disclosed only to the

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categories of persons and under the conditions described in this

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Order. When the Action has been terminated, a Receiving Party must

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comply with the provisions of Section XIV below (FINAL

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DISPOSITION).

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2.

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Receiving Party at a location and in a secure manner that ensures that

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access is limited to the persons authorized under this Order.

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B.

Protected Material must be stored and maintained by a

Disclosure of “CONFIDENTIAL” Information or Items

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Unless otherwise ordered by the Court or permitted in writing

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by the Designating Party, a Receiving Party may disclose any

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information or item designated “CONFIDENTIAL” only to:

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a.

The Receiving Party’s Outside Counsel of Record in this

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Action, as well as employees of said Outside Counsel of

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Record to whom it is reasonably necessary to disclose the

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information for this Action;

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b.

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Counsel) of the Receiving Party to whom disclosure is

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reasonably necessary for this Action, and, if the Receiving

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Party is an individual, the Receiving Party himself or herself;

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c.

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to whom disclosure is reasonably necessary for this Action and

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who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A);

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d.

The Court and its personnel;

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e.

Court reporters and their staff;

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f.

Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably

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necessary for this Action and who have signed the

The officers, directors, and employees (including House

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

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“Acknowledgment and Agreement to be Bound” attached as

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Exhibit A hereto;

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g.

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information or a custodian or other person who otherwise

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possessed or knew the information;

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h.

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witnesses, in the Action to whom disclosure is reasonably

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necessary provided: (i) the deposing party requests that the

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witness sign the “Acknowledgment and Agreement to Be

The author or recipient of a document containing the

During their depositions, witnesses, and attorneys for

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Bound;” and (ii) they will not be permitted to keep any

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confidential information unless they sign the

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“Acknowledgment and Agreement to Be Bound,” unless

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otherwise agreed by the Designating Party or ordered by the

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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

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anyone except as permitted under this Stipulated Protective

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Order; and

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i.

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personnel, mutually agreed upon by any of the parties engaged

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in settlement discussions.

Any mediator or settlement officer, and their supporting

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C.

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” Information or Items

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1.

Unless otherwise ordered by the Court or permitted in writing

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by the Designating Party, a Receiving Party may disclose any

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information or item designated “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” only to:

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a.

The Receiving Party’s Outside Counsel of Record in this

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Action, as well as employees of said Outside Counsel of

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Record to whom it is reasonably necessary to disclose the

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information for this Action;

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b.

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to whom disclosure is reasonably necessary for this Action and

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who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A);

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c.

The Court and its personnel;

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d.

Court reporters and their staff;

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e.

Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably

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necessary for this Action and who have signed the

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“Acknowledgment and Agreement to be Bound” attached as

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Exhibit A hereto;

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f.

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information or a custodian or other person who otherwise

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possessed or knew the information;

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g.

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witnesses, in the Action to whom disclosure is reasonably

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necessary provided: (i) the deposing party requests that the

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witness sign the “Acknowledgment and Agreement to Be

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Bound;” and (ii) they will not be permitted to keep any

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confidential information unless they sign the

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“Acknowledgment and Agreement to Be Bound,” unless

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otherwise agreed by the Designating Party or ordered by the

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Court. Pages of transcribed deposition testimony or exhibits to

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

The author or recipient of a document containing the

During their depositions, witnesses, and attorneys for

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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

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anyone except as permitted under this Stipulated Protective

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Order; and

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h.

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personnel, mutually agreed upon by any of the parties engaged

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in settlement discussions.

Any mediator or settlement officer, and their supporting

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IX.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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A.

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

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litigation that compels disclosure of any information or items designated in

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this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” that Party must:

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1.

Promptly notify in writing the Designating Party. Such

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notification shall include a copy of the subpoena or court order;

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2.

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or 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 Order.

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Such notification shall include a copy of this Stipulated Protective

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Order; and

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3.

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be pursued by the Designating Party whose Protected Material may

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be affected.

Promptly notify in writing the party who caused the subpoena

Cooperate with respect to all reasonable procedures sought to

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B.

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 information

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designated in this action as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination

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by the Court from which the subpoena or order issued, unless the Party has

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obtained the Designating Party’s permission. The Designating Party shall

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bear the burden and expense of seeking protection in that court of its

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confidential material and nothing in these provisions should be construed as

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authorizing or encouraging a Receiving Party in this Action to disobey a

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lawful directive from another court.

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X.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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A.

The terms of this Order are applicable to information produced by a

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Non-Party in this Action and designated as “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such

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information produced by Non-Parties in connection with this litigation is

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protected by the remedies and relief provided by this Order. Nothing in

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these provisions should be construed as prohibiting a Non-Party from

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seeking additional protections.

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B.

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

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Party is subject to an agreement with the Non-Party not to produce the Non-

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Party’s confidential information, then the Party shall:

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

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1.

Promptly notify in writing the Requesting Party and the Non-

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

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confidentiality agreement with a Non-Party;

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2.

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

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a reasonably specific description of the information requested; and

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3.

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Non-Party, if requested.

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

Make the information requested available for inspection by the

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C.

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14 days of receiving the notice and accompanying information, the

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

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responsive to the discovery request. If the Non-Party timely seeks a

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protective order, the Receiving Party shall not produce any information in

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its possession or control that is subject to the confidentiality agreement with

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the Non-Party before a determination by the court. Absent a court order to

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

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protection in this court of its Protected Material.

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XI.

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

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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A.

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

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disclosed Protected Material to any person or in any circumstance not

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authorized under this Stipulated Protective Order, the Receiving Party must

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immediately (1) notify in writing the Designating Party of the unauthorized

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disclosures, (2) use its best efforts to retrieve all unauthorized copies of the

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Protected Material, (3) inform the person or persons to whom unauthorized

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disclosures were made of all the terms of this Order, and (4) request such

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person or persons to execute the “Acknowledgment and Agreement to be

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Bound” that is attached hereto as Exhibit A.

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XII. INADVERTENT PRODUCTION OF PRIVILEGED OR

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OTHERWISE PROTECTED MATERIAL

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A.

When a Producing Party gives notice to Receiving Parties that certain

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

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

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Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended

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to modify whatever procedure may be established in an e-discovery order

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that provides for production without prior privilege review.

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XIII. MISCELLANEOUS
A.

Right to Further Relief.

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1.

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its modification by the Court in the future.

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B.

Nothing in this Order abridges the right of any person to seek

Right to Assert Other Objections.

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1.

By stipulating to the entry of this Protective Order, no Party

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waives any right it otherwise would have to object to disclosing or

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producing any information or item on any ground not addressed in

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this Stipulated Protective Order. Similarly, no Party waives any right

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to object on any ground to use in evidence of any of the material

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covered by this Protective Order.

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C.

Filing Protected Material

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1.

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

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

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

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to file Protected Material under seal is denied by the Court, then the

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Receiving Party may file the information in the public record unless

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otherwise instructed by the Court.

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A Party that seeks to file under seal any Protected Material

XIV. FINAL DISPOSITION

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A.

After the final disposition of this Action, as defined in Section V,

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within sixty (60) days of a written request by the Designating Party, each

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Receiving Party must return all Protected Material to the Producing Party or

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destroy such material. As used in this subdivision, “all Protected Material”

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includes all copies, abstracts, compilations, summaries, and any other

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

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Protected Material is returned or destroyed, the Receiving Party must

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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

[print or type full name], of
[print or type full address], declare under penalty of perjury

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

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

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of California in the case of Jiae Lee v. Dong Yeoun Lee, et al., Case No. 2:19-cv-

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08814-JAK-PVC. I agree to comply with and to be bound by all the terms of this

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Amended Stipulated Protective Order and I understand and acknowledge that

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failure to so comply could expose me to sanctions and punishment in the nature of

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

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

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

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

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

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of this Amended Stipulated Protective Order, even if such enforcement

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proceedings occur after termination of this action. I hereby appoint

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[print or type full name] of
[print or type full address and telephone number] as my California agent for

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service of process in connection with this action or any proceedings related to
enforcement of this Amended Stipulated Protective Order.

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Date:
City and State where sworn and signed:
Printed Name:

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Signature:

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