Shawn Roofian v. Cardenas Marketing Network, Inc.

Filing 31

STIPULATED PROTECTIVE ORDER 30 by Magistrate Judge Maria A. Audero, re Stipulation for Protective Order. (es)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10

SHAWN ROOFIAN, individually and on
behalf of all others similarly situated,

11

Plaintiff,

12

15

STIPULATED PROTECTIVE
ORDER

vs.

13
14

Case No.: 2:20-cv-01592 FMO MAA

CARDENAS MARKETING
NETWORK, INC. and DOES 1 to 100,

16

Defendants.

17
18
19
20
21
22
23
24
25
26
27
28

1.

PURPOSES AND LIMITATIONS
Discovery in this action involves production of confidential, proprietary, or

private information for which special protection from public disclosure and from
use for any purpose other than prosecuting this litigation may be warranted.
Accordingly, the parties hereby stipulate to and petition the Court to enter the
following Stipulated Protective Order. The parties acknowledge that this Stipulated
Protective Order does not confer blanket protections on all disclosures or responses
to discovery and that the protection it affords from public disclosure and use
extends only to the limited information or items that are entitled to confidential
treatment under the applicable legal principles. The parties further acknowledge, as
STIPULATED PROTECTIVE ORDER

1

set forth in Section 13.3 below, that this Stipulated Protective Order does not entitle

2

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

3

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

4

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

5

action is likely to involve production of confidential, proprietary, or private

6

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

7

any purpose other than prosecuting this litigation may be warranted.

8
9

2.

GOOD CAUSE STATEMENT

10

This action is likely to involve trade secrets, consumer contact information,

11

customer and pricing lists and other valuable research, development, commercial,

12

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

13

from public disclosure and from use for any purpose other than prosecution of this

14

action is warranted. Such confidential and proprietary materials and information

15

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

16

information regarding confidential business practices, or other confidential

17

research, development, or commercial information (including information

18

implicating privacy rights of third parties), information otherwise generally

19

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

20

disclosure under state or federal statutes, court rules, case decisions, or common

21

law. Accordingly, to expedite the flow of information, to facilitate the prompt

22

resolution of disputes over confidentiality of discovery materials, to adequately

23

protect information the parties are entitled to keep confidential, to ensure that the

24

parties are permitted reasonable necessary uses of such material in preparation for

25

and in the conduct of trial, to address their handling at the end of the litigation, and

26

to serve the ends of justice, a protective order for such information is justified in

27

this matter. It is the intent of the parties that information will not be designated as

28

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

2

1

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

2

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

3
4
5

3.

DEFINITIONS
3.1.

6
7

Action: Shawn Roofian v. Cardenas Marketing Network, Inc., 2:20cv-01592 FMO-MAA (C.D. Cal.)

3.2.

Challenging Party: A Party or Nonparty that challenges the

8

designation of information or items under this Stipulated Protective

9

Order.

10

3.3.

“CONFIDENTIAL” Information or Items: Information (regardless of

11

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

12

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

13

as specified above in the Good Cause Statement. Confidential

14

Information or Items includes any information derived from any such

15

thing or documents, including any testimony related to such

16

documents.

17

3.4.

18
19

Counsel: Outside Counsel of Record and In-House Counsel (as well
as their support staff).

3.5.

Designating Party: A Party or Nonparty that designates information or

20

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

21

“CONFIDENTIAL.”

22

3.6.

Disclosure or Discovery Material: All items or information, regardless

23

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

24

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

25

tangible things), that is produced or generated in disclosures or

26

responses to discovery in this matter.

27
28

3.7.

Expert: A person with specialized knowledge or experience in a
matter pertinent to the litigation who has been retained by a Party or its

STIPULATED PROTECTIVE ORDER

3

1

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

2

3.8.

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

3

Action. In-House Counsel does not include Outside Counsel of

4

Record or any other outside counsel.

5

3.9.

6

Nonparty: Any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.

7

3.10. Outside Counsel of Record: Attorneys who are not employees of a

8

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

9

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

10

are affiliated with a law firm which has appeared on behalf of that

11

party, and includes support staff.

12

3.11. Party: Any party to this Action, including all of its officers, directors,

13

employees, consultants, retained experts, In-House Counsel, and

14

Outside Counsel of Record (and their support staffs).

15

3.12. Producing Party: A Party or Nonparty that produces Disclosure or

16

Discovery Material in this Action.

17

3.13. Professional Vendors: Persons or entities that provide litigation

18

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

19

preparing exhibits or demonstrations, and organizing, storing, or

20

retrieving data in any form or medium) and their employees and

21

subcontractors.

22

3.14. Protected Material: Any Disclosure or Discovery Material that is

23

designated as “CONFIDENTIAL.”

24

3.15. Receiving Party: A Party that receives Disclosure or Discovery

25

Material from a Producing Party.

26
27
28

4.

SCOPE
The protections conferred by this Stipulated Protective Order cover not only

STIPULATED PROTECTIVE ORDER

4

1

Protected Material, but also (1) any information copied or extracted from Protected

2

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

3

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

4

that might reveal Protected Material.

5

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

6

trial judge. This Stipulated Protective Order does not govern the use of Protected

7

Material at trial.

8
9

5.

10

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

11

imposed by this Stipulated Protective Order shall remain in effect until a

12

Designating Party agrees otherwise in writing or a court order otherwise directs.

13

Final disposition shall be deemed to be the later of (1) dismissal of all claims and

14

defenses in this Action, with or without prejudice; and (2) final judgment herein

15

after the completion and exhaustion of all appeals, rehearings, remands, trials, or

16

reviews of this Action, including the time limits for filing any motions or

17

applications for extension of time pursuant to applicable law.

18
19
20
21

6.

DESIGNATING PROTECTED MATERIAL
6.1.

Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Nonparty that designates information or items for

22

protection under this Stipulated Protective Order must take care to

23

limit any such designation to specific material that qualifies under the

24

appropriate standards. The Designating Party must designate for

25

protection only those parts of material, documents, items, or oral or

26

written communications that qualify so that other portions of the

27

material, documents, items, or communications for which protection is

28

not warranted are not swept unjustifiably within the ambit of this
STIPULATED PROTECTIVE ORDER

5

1

Stipulated Protective Order.

2

Mass, indiscriminate, or routinized designations are prohibited.

3

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

4

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

5

case development process or to impose unnecessary expenses and

6

burdens on other parties) may expose the Designating Party to

7

sanctions.

8

6.2.

Manner and Timing of Designations.

9

Except as otherwise provided in this Stipulated Protective Order

10

(see, e.g., Section 6.2(a)), or as otherwise stipulated or ordered,

11

Disclosure or Discovery Material that qualifies for protection under

12

this Stipulated Protective Order must be clearly so designated before

13

the material is disclosed or produced.

14
15

Designation in conformity with this Stipulated Protective Order

16

requires the following:

17

(a)

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

18

documents, but excluding transcripts of depositions or other

19

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

20

minimum, the legend “CONFIDENTIAL” to each page that

21

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

22

material on a page qualifies for protection, the Producing Party

23

also must clearly identify the protected portion(s) (e.g., by

24

making appropriate markings in the margins).

25

A Party or Nonparty that makes original documents

26

available for inspection need not designate them for protection

27

until after the inspecting Party has indicated which documents it

28

would like copied and produced. During the inspection and
STIPULATED PROTECTIVE ORDER

6

1

before the designation, all of the material made available for

2

inspection shall be deemed “CONFIDENTIAL.” After the

3

inspecting Party has identified the documents it wants copied

4

and produced, the Producing Party must determine which

5

documents, or portions thereof, qualify for protection under this

6

Stipulated Protective Order. Then, before producing the

7

specified documents, the Producing Party must affix the legend

8

“CONFIDENTIAL” to each page that contains Protected

9

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

10

qualifies for protection, the Producing Party also must clearly

11

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

12

markings in the margins).

13

(b)

For testimony given in depositions, that the Designating Party

14

identify the protected testimony within 14 days after receiving a

15

copy of the deposition transcript.

16

(c)

For information produced in nondocumentary form, and for any

17

other tangible items, that the Producing Party affix in a

18

prominent place on the exterior of the container or containers in

19

which the information is stored the legend “CONFIDENTIAL.”

20

If only a portion or portions of the information warrants

21

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

22

identify the protected portion(s).

23
24

6.3.

Inadvertent Failure to Designate.
If timely corrected, an inadvertent failure to designate qualified

25

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

26

Party’s right to secure protection under this Stipulated Protective Order

27

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

28

Receiving Party must make reasonable efforts to assure that the
STIPULATED PROTECTIVE ORDER

7

1

material is treated in accordance with the provisions of this Stipulated

2

Protective Order.

3
4

7.

5

CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1.

Timing of Challenges.

6

Any Party or Nonparty may challenge a designation of

7

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

8

Scheduling Order.

9

7.2.

10

Meet and Confer.
The Challenging Party shall initiate the dispute resolution

11

process, which shall comply with Local Rule 37.1 et seq., and with

12
13

Section 4 of Judge Audero’s Procedures (“Mandatory Telephonic

14

Conference for Discovery Disputes”).1

15

7.3.

Burden of Persuasion.

16

The burden of persuasion in any such challenge proceeding shall

17

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

18

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

19

and burdens on other parties) may expose the Challenging Party to

20

sanctions. Unless the Designating Party has waived or withdrawn the

21

confidentiality designation, all parties shall continue to afford the

22

material in question the level of protection to which it is entitled under

23

the Producing Party’s designation until the Court rules on the

24

challenge.

25
26
27
28

1

Judge Audero’s Procedures are available at
https://www.cacd.uscourts.gov/honorable-maria-audero.
STIPULATED PROTECTIVE ORDER

8

1
2

8.

ACCESS TO AND USE OF PROTECTED MATERIALS
8.1.

Basic Principles.

3

A Receiving Party may use Protected Material that is disclosed

4

or produced by another Party or by a Nonparty in connection with this

5

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

6

Action. Such Protected Material may be disclosed only to the

7

categories of persons and under the conditions described in this

8

Stipulated Protective Order. When the Action reaches a final

9

disposition, a Receiving Party must comply with the provisions of

10

Section 14 below.

11

Protected Material must be stored and maintained by a

12

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

13

access is limited to the persons authorized under this Stipulated

14

Protective Order.

15

8.2.

Disclosure of “CONFIDENTIAL” Information or Items.

16

Unless otherwise ordered by the Court or permitted in writing

17

by the Designating Party, a Receiving Party may disclose any

18

information or item designated “CONFIDENTIAL” only to:

19

(a)

The Receiving Party’s Outside Counsel of Record, as well as

20

employees of said Outside Counsel of Record to whom it is

21

reasonably necessary to disclose the information for this Action;

22

(b)

The officers, directors, and employees (including In-House

23

Counsel) of the Receiving Party to whom disclosure is

24

reasonably necessary for this Action;

25

(c)

Experts of the Receiving Party to whom disclosure is reasonably

26

necessary for this Action and who have signed the

27

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

28

(d)

The Court and its personnel;

STIPULATED PROTECTIVE ORDER

9

1

(e)

Court reporters and their staff;

2

(f)

Professional jury or trial consultants, mock jurors, and

3

Professional Vendors to whom disclosure is reasonably

4

necessary or this Action and who have signed the

5

“Acknowledgment and Agreement to be Bound” (Exhibit A);

6

(g)

The author or recipient of a document containing the

7

information or a custodian or other person who otherwise

8

possessed or knew the information;

9

(h)

During their depositions, witnesses, and attorneys for witnesses,

10

in the Action to whom disclosure is reasonably necessary

11

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

12

the “Acknowledgment and Agreement to Be Bound” (Exhibit

13

A); and (ii) the witness will not be permitted to keep any

14

confidential information unless they sign the “Acknowledgment

15

and Agreement to Be Bound,” unless otherwise agreed by the

16

Designating Party or ordered by the Court. Pages of transcribed

17

deposition testimony or exhibits to depositions that reveal

18

Protected Material may be separately bound by the court

19

reporter and may not be disclosed to anyone except as permitted

20

under this Stipulated Protective Order; and

21

(i)

Any mediator or settlement officer, and their supporting

22

personnel, mutually agreed upon by any of the parties engaged

23

in settlement discussions.

24
25

9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

26

PRODUCED IN OTHER LITIGATION

27

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

28

that compels disclosure of any information or items designated in this Action as
STIPULATED PROTECTIVE ORDER

10

1

“CONFIDENTIAL,” that Party must:

2

(a)

3

Promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;

4

(b)

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

5

to issue in the other litigation that some or all of the material covered

6

by the subpoena or order is subject to this Stipulated Protective Order.

7

Such notification shall include a copy of this Stipulated Protective

8

Order; and

9

(c)

Cooperate with respect to all reasonable procedures sought to be

10

pursued by the Designating Party whose Protected Material may be

11

affected.

12
13

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

14

the subpoena or court order shall not produce any information designated in this

15

action as “CONFIDENTIAL” before a determination by the Court from which the

16

subpoena or order issued, unless the Party has obtained the Designating Party’s

17

permission. The Designating Party shall bear the burden and expense of seeking

18

protection in that court of its confidential material and nothing in these provisions

19

should be construed as authorizing or encouraging a Receiving Party in this Action

20

to disobey a lawful directive from another court.

21
22

10.

A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE

23

PRODUCED IN THIS LITIGATION

24

10.1. Application.

25

The terms of this Stipulated Protective Order are applicable to

26

information produced by a Nonparty in this Action and designated as

27

“CONFIDENTIAL.” Such information produced by Nonparties in

28

connection with this litigation is protected by the remedies and relief
STIPULATED PROTECTIVE ORDER

11

1

provided by this Stipulated Protective Order. Nothing in these

2

provisions should be construed as prohibiting a Nonparty from seeking

3

additional protections.

4

10.2. Notification.

5

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

6

request, to produce a Nonparty’s confidential information in its

7

possession, and the Party is subject to an agreement with the Nonparty

8

not to produce the Nonparty’s confidential information, then the Party

9

shall:

10

(a)

Promptly notify in writing the Requesting Party and the

11

Nonparty that some or all of the information requested is subject

12

to a confidentiality agreement with a Nonparty;

13

(b)

Promptly provide the Nonparty with a copy of the Stipulated

14

Protective Order in this Action, the relevant discovery

15

request(s), and a reasonably specific description of the

16

information requested; and

17
18
19
20

(c)

Make the information requested available for inspection by the
Nonparty, if requested.

10.3. Conditions of Production.
If the Nonparty fails to seek a protective order from this Court

21

within fourteen (14) days after receiving the notice and accompanying

22

information, the Receiving Party may produce the Nonparty’s

23

confidential information responsive to the discovery request. If the

24

Nonparty timely seeks a protective order, the Receiving Party shall not

25

produce any information in its possession or control that is subject to

26

the confidentiality agreement with the Nonparty before a

27

determination by the Court. Absent a court order to the contrary, the

28

Nonparty shall bear the burden and expense of seeking protection in
STIPULATED PROTECTIVE ORDER

12

1

this Court of its Protected Material.

2
3

11.

4

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

5

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

6

Stipulated Protective Order, the Receiving Party immediately must (1) notify in

7

writing the Designating Party of the unauthorized disclosures, (2) use its best

8

efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the

9

person or persons to whom unauthorized disclosures were made of all the terms of

10

this Stipulated Protective Order, and (4) request such person or persons to execute

11

the “Acknowledgment and Agreement to be Bound” (Exhibit A).

12
13

12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

14

PROTECTED MATERIAL

15

When a Producing Party gives notice to Receiving Parties that certain

16

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

17

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

18

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

19

whatever procedure may be established in an e-discovery order that provides for

20

production without prior privilege review. Pursuant to Federal Rule of Evidence

21

502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

22

of a communication or information covered by the attorney-client privilege or work

23

product protection, the parties may incorporate their agreement in the Stipulated

24

Protective Order submitted to the Court.

25
26
27
28

13.

MISCELLANEOUS
13.1. Right to Further Relief.
Nothing in this Stipulated Protective Order abridges the right of

STIPULATED PROTECTIVE ORDER

13

1

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

2

13.2. Right to Assert Other Objections.

3

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

4

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

5

or producing any information or item on any ground not addressed in

6

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

7

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

8

covered by this Stipulated Protective Order.

9

13.3. Filing Protected Material.

10

A Party that seeks to file under seal any Protected Material must

11

comply with Local Rule 79-5. Protected Material may only be filed

12

under seal pursuant to a court order authorizing the sealing of the

13

specific Protected Material at issue. If a Party's request to file

14

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

15

Receiving Party may file the information in the public record unless

16

otherwise instructed by the Court.

17
18
19

14.

FINAL DISPOSITION
After the final disposition or settlement of this Action, within sixty (60) days

20

of a written request by the Designating Party, each Receiving Party must return all

21

Protected Material to the Producing Party or destroy such material. As used in this

22

subdivision, “all Protected Material” includes all copies, abstracts, compilations,

23

summaries, and any other format reproducing or capturing any of the Protected

24

Material. Whether the Protected Material is returned or destroyed, the Receiving

25

Party must submit a written certification to the Producing Party (and, if not the

26

same person or entity, to the Designating Party) by the 60-day deadline that

27

(1) identifies (by category, where appropriate) all the Protected Material that was

28

returned or destroyed and (2) affirms that the Receiving Party has not retained any
STIPULATED PROTECTIVE ORDER

14

1

copies, abstracts, compilations, summaries or any other format reproducing or

2

capturing any of the Protected Material. Notwithstanding this provision, Counsel is

3

entitled to retain an archival copy of all pleadings; motion papers; trial, deposition,

4

and hearing transcripts; legal memoranda; correspondence; deposition and trial

5

exhibits; expert reports; attorney work product; and consultant and expert work

6

product, even if such materials contain Protected Material. Any such archival

7

copies that contain or constitute Protected Material remain subject to this Stipulated

8

Protective Order as set forth in Section 5.

9

15.

10

VIOLATION
Any violation of this Stipulated Order may be punished by any and all

11

appropriate measures including, without limitation, contempt proceedings and/or

12

monetary sanctions.

13
14

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

15
16

Dated:

11/19/20

/s/ Kevin J. Cole
Attorney(s) for Plaintiff
Shawn Roofian

Dated:

11/19/20

/s/ Matthew J. Novian
Attorney for Defendant
Cardenas Marketing Network, Inc.

17
18
19
20
21
22
23
24
25

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
Dated: 11/20/20
Maria A. Audero
ria A
a
United States Magistrate Judge

26
27
28
STIPULATED PROTECTIVE ORDER

15

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

[full name], of

4

[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

7

in the case of Shawn Roofian v. Cardenas Marketing Network, Inc., 2:20-cv-01592

8

FMO-MAA (C.D. Cal.). I agree to comply with and to be bound by all the terms of

9

this Stipulated Protective Order, and I understand and acknowledge that failure to so

10

comply could expose me to sanctions and punishment in the nature of contempt. I

11

solemnly promise that I will not disclose in any manner any information or item that

12

is subject to this Stipulated Protective Order to any person or entity except in strict

13

compliance with the provisions of this Stipulated Protective Order.

[date]

14

I further understand that I am not to retain copies of any Confidential Materials

15

provided to me, and that all copies of such materials are to be returned to counsel

16

who provided me with such materials upon the completion of my deposition (if any).

17

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

18

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

19

Stipulated Protective Order, even if such enforcement proceedings occur after

20

termination of this action. I hereby appoint

21

of

22

as my California agent for service of process in connection with this action or any

23

proceedings related to enforcement of this Stipulated Protective Order.

[address and telephone number]

24
25

Signature:

26

Printed Name:

27

Date:

28

City and State Where Sworn and Signed:
STIPULATED PROTECTIVE ORDER
105697554v.1

[full name]

16