Ben Piazza et al v. CBS Broadcasting Inc. et al

Filing 34

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order 33 . (SEE ORDER FOR DETAILS). *Note Changes made by the Court* (et)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 Blair J. Robinson (Pro Hac Vice) BAKER & MCKENZIE LLP 452 Fifth Avenue New York, NY 10018 Telephone: +1 212 626 4100 Facsimile: + 212 310 1632 blair.robinson@bakermckenzie.com Stephanie P. Priel, SBN 313085 Lara A. Grines, SBN 316629 BAKER & MCKENZIE LLP 1901 Avenue of the Stars, Suite 950 Los Angeles, CA 90067 Telephone: (310) 201-4728 Facsimile: (310) 201-4721 stephanie.priel@bakermckenzie.com lara.grines@bakermckenzie.com Attorneys for Defendant, CBS BROADCASTING INC. *NOTE CHANGES MADE BY THE COURT* 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEN PIAZZA; JOEL BINGER; KEVIN BELLOTTI; JIMMY VELARDE; WAYNE GETCHELL; NANCY PERRY; EDWARD NELSON; RON NUGENT; DAVE GOLBA; PETER MALLARD; FREDERICK SMITH; JULIAN SALAS; ROBERTO BOSIO; RICHARD LABGOLD; DENISE STONES; LESLIE NOURSE; LINDA RUSS; JERILYNNE AKUTAGAWA; BARBRA CIMO; SHARON O’DANIEL; JODY LAWRENCE-MILLER; VICKI KAUFMAN; TRACY LAWRENCE; KENNETH LATKA; and MARC BERUTI, Case No. 2:20-cv-02920-DSF (ASx) PROTECTIVE ORDER Plaintiffs, vs. CBS BROADCASTING, INC.; TELEVISION CITY STUDIOS, LLC; TELEVISION CITY SERVICES, LLC; TELEVISION CITY PRODUCTIONS, LLC; MICHAEL HACKMAN & ASSOCIATES; HACKMAN CAPITAL PARTNERS, LCC; and DOES 1 through 10, inclusive, Defendants. [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which protection from public disclosure and 4 from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does 7 not confer blanket protections on all disclosures or responses to discovery and that the 8 protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 11 that this Stipulated Protective Order does not entitle them to file confidential 12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 13 followed and the standards that will be applied when a party seeks permission from 14 the court to file material under seal. 15 B. GOOD CAUSE STATEMENT 16 This action is likely to involve trade secrets, sensitive and non-public financial 17 information, sensitive employee information affecting individuals’ privacy rights, 18 personnel records, and other valuable research, development, commercial, technical, 19 and/or proprietary information for which special protection from public disclosure 20 and from use for any purpose other than prosecution of this action is warranted. 21 Such confidential and proprietary materials and information consist of, among other 22 things, confidential business or financial information regarding confidential personal 23 affairs, business practices, transactions, or other confidential research, development, 24 or commercial information (including information implicating privacy rights of third 25 parties), information otherwise generally unavailable to the public, or which may be 26 privileged or otherwise protected from disclosure under state or federal statutes, 27 court rules, case decisions, or common law. Accordingly, to expedite the flow of 28 information, to facilitate the prompt resolution of disputes over confidentiality of 1 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 discovery materials, to adequately protect information the parties are entitled to keep 2 confidential, to ensure that the parties are permitted reasonable necessary uses of 3 such material in preparation for and in the conduct of trial, to address their handling at 4 the end of the litigation, and serve the ends of justice, a protective order for such 5 information is justified in this matter. It is the intent of the parties that information 6 will not be designated as confidential for tactical reasons and that nothing be so 7 designated without a good faith belief that it has been maintained in a confidential, 8 non-public manner, and there is good cause why it should not be part of the public 9 record of this case. 10 2. DEFINITIONS 11 2.1 Action: this pending federal lawsuit. 12 2.2 Challenging Party: a Party or Non-Party that challenges the designation 13 14 of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for protection 16 under Federal Rule of Civil Procedure 26(c), as specified above in the Good Cause 17 Statement. 18 2.4 “ATTORNEY EYES ONLY”: information, regardless of the form in 19 which such information is disclosed, that any disclosing party, including non-parties 20 to this Action, in good faith, believes to contain (a) current or past (to the extent they 21 reflect on current) personal affairs, methods, procedures, and processes relating to 22 their respective business practices and/or proprietary technology; (b) personal 23 information relating to or concerning Plaintiffs, current and/or former employees of 24 CBS Broadcasting Inc., (“CBS”) that is of a generally understood personal and 25 confidential nature, including without limitation, individuals’ names, addresses, email 26 addresses, telephone numbers, government issued identifiers, financial and payment 27 and related identifiers, and health or medical information; (c) trade secrets; (d) other 28 “CONFIDENTIAL” Information (as defined in Paragraph 4.3, above) the disclosure 2 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 of which is likely to cause competitive or commercial injury to the disclosing party; 2 (e) financial, technological, operational, sales, marketing, pricing and/or other 3 proprietary information relating to CBS’ business that is not publicly available or 4 known and that would be of benefit to a competitor of CBS; and (f) such other 5 information, documents and/or data within CBS’ possession, custody or control as to 6 which CBS may have a legal obligation to protect its confidentiality. 7 8 9 2.5 Counsel: Outside Counsel of Record, and In-House Counsel (as well as their support staff). 2.6 Designating Party: a Party or Non-Party that designates information or 10 items that it produces in disclosures or in responses to discovery as 11 “CONFIDENTIAL.” 12 2.7 Disclosure or Discovery Material: all items or information, regardless of 13 the medium or manner in which it is generated, stored, or maintained (including, 14 among other things, testimony, transcripts, and tangible things), that are produced or 15 generated in disclosures or responses to discovery in this matter. 16 2.8 Expert: a person with specialized knowledge or experience in a matter 17 pertinent to the litigation who has been retained by a Party or its counsel to serve as 18 an expert witness or as a consultant in this Action. 19 2.9 In-House Counsel: attorneys who are employees of a party to this 20 Action. In-House Counsel does not include Outside Counsel of Record or any 21 other outside counsel. 22 23 24 2.10 Non-Party: any natural person, partnership, corporation, association or other legal entity not named as a Party to this action. 2.11 Outside Counsel of Record: attorneys who are not employees of a 25 party to this Action but are retained to represent or advise a party to this Action and 26 have appeared in this Action on behalf of that party or are affiliated with a law firm 27 that has appeared on behalf of that party, and includes support staff. 28 3 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 2.12 Party: any party to this Action, or any parent company of a party to 2 this Action, including all of their officers, directors, employees, consultants, 3 retained experts, and Outside Counsel of Record (and their support staffs). 4 5 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 6 2.14 Professional Vendors: persons or entities that provide litigation support 7 services (e.g., photocopying, videotaping, translating, preparing exhibits or 8 demonstrations, and organizing, storing, or retrieving data in any form or medium) 9 and their employees and subcontractors. 10 2.15 Protected Material: any Disclosure or Discovery Material that is 11 designated as “CONFIDENTIAL” or “ATTORNEYS EYES ONLY” in this matter. 12 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 13 from a Producing Party. 14 3. 15 SCOPE The protections conferred by this Stipulation and Order cover not only 16 Protected Material (as defined above), but also (1) any information copied or extracted 17 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 18 Protected Material; and (3) any testimony, conversations, or presentations by Parties 19 or their Counsel that might reveal Protected Material. 20 Any use of Protected Material at trial shall be governed by the orders of the 21 trial judge. This Order does not govern the use of Protected Material at trial. 22 4. DURATION 23 Even after final disposition of this litigation, the confidentiality obligations 24 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 25 in writing or a court order otherwise directs. Final disposition shall be deemed to be the 26 later of (1) dismissal of all claims and defenses in this Action, with or without 27 prejudice; and (2) final judgment herein after the completion and exhaustion of all 28 4 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits 2 for filing any motions or applications for extension of time pursuant to applicable law. 3 5. 4 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under 6 this Order must take care to limit any such designation to specific material that 7 qualifies under the appropriate standards. The Designating Party must designate for 8 protection only those parts of material, documents, items, or oral or written 9 communications that qualify so that other portions of the material, documents, items, 10 or communications for which protection is not warranted are not swept unjustifiably 11 within the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other parties) may expose the Designating Party 16 to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order or as otherwise stipulated or ordered, Disclosure or Discovery Material 22 that qualifies for protection under this Order must be clearly so designated before 23 the material is disclosed or produced. 24 Designation in conformity with this Order requires: 25 (a) for information in documentary form (e.g., paper or electronic 26 documents, but excluding transcripts of depositions or other pretrial or trial 27 proceedings), that the Producing Party affix at a minimum, the legend 28 5 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 “CONFIDENTIAL” or “ATTORNEYS EYES ONLY” (hereinafter 2 “CONFIDENTIAL legend”), to each page that contains protected material. 3 A Party or Non-Party that makes original documents available for inspection 4 need not designate them for protection until after the inspecting Party has indicated 5 which documents it would like copied and produced. During the inspection and 6 before the designation, all of the material made available for inspection shall be 7 deemed “CONFIDENTIAL” or “ATTORNEYS EYES ONLY.” After the inspecting 8 Party has identified the documents it wants copied and produced, the Producing Party 9 must determine which documents qualify for protection under this Order. Then, 10 before producing the specified documents, the Producing Party must affix the legend 11 “CONFIDENTIAL” or “ATTORNEYS EYES ONLY” to each page that contains 12 Protected Material. 13 (b) for testimony given in depositions that the Designating Party 14 identifies the Disclosure or Discovery Material on the record, before the close of the 15 deposition, or within thirty (30) days after receiving a final transcript of the 16 deposition, all protected testimony. 17 (c) for information produced in some form other than documentary 18 and for any other tangible items, that the Producing Party affix in a prominent place 19 on the exterior of the container or containers in which the information is stored the 20 legend “CONFIDENTIAL” or “ATTORNEYS EYES ONLY.” 21 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 22 failure to designate qualified information or items does not, standing alone, waive 23 the Designating Party’s right to secure protection under this Order for such material. 24 Upon timely correction of a designation, the Receiving Party must make reasonable 25 efforts to assure that the material is treated in accordance with the provisions of this 26 Order. 27 28 6 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 6. 2 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 6.2 Meet and Confer. The Challenging Party shall initiate the informal 6 dispute resolution process set forth in the Court’s Procedures and Schedules. See 7 http://www.cacd.uscourts.gov/honorable-alka-sagar 8 9 6.3 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper 10 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 11 parties) may expose the Challenging Party to sanctions. Unless the Designating 12 Party has waived or withdrawn the confidentiality designation, all parties shall 13 continue to afford the material in question the level of protection to which it is 14 entitled under the Producing Party’s designation until the Court rules on the 15 challenge. 16 7. 17 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this 19 Action only for prosecuting, defending or attempting to settle this Action. Such 20 Protected Material may be disclosed only to the categories of persons and under the 21 conditions described in this Order. When the Action has been terminated, a Receiving 22 Party must comply with the provisions of section 13 below (FINAL 23 DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a 25 location and in a secure manner that ensures that access is limited to the persons 26 authorized under this Order. 27 28 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a 7 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 2 only to: 3 (a) any Party in this Action; 4 (b) the Receiving Party’s Outside Counsel of Record in this Action, as 5 well as employees of said Outside Counsel of Record to whom it is reasonably 6 necessary to disclose the information for this Action; 7 (c) the officers, directors, and employees (including In-House Counsel) 8 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 9 (d) Experts (as defined in this Order) of the Receiving Party to whom 10 disclosure is reasonably necessary for this Action and who have signed the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (e) the court and its personnel; 13 (f) court reporters and their staff; 14 (g) professional jury or trial consultants, mock jurors, and Professional 15 Vendors to whom disclosure is reasonably necessary for this Action and who have 16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 18 19 (h) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (i) during their depositions, witnesses, and attorneys for witnesses, in the 20 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 21 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 22 not be permitted to keep any confidential information unless they sign the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 24 agreed to by the Designating Party or ordered by the court. Pages of transcribed 25 deposition testimony or exhibits to depositions that reveal Protected Material may 26 be separately bound by the court reporter and may not be disclosed to anyone except as 27 permitted under this Stipulated Protective Order; and 28 8 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 2 3 (j) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 7.3 Disclosure of “ATTORNEYS EYES ONLY” Information or Items. 4 Unless otherwise ordered by the court or permitted in writing by the Designating 5 Party, a Receiving Party may disclose any information or item designated 6 “ATTORNEYS EYES ONLY” only to: 7 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 8 well as employees of said Outside Counsel of Record to whom it is reasonably 9 necessary to disclose the information for this Action, and the Receiving Party’s in- 10 11 house counsel; (b) Experts (as defined in this Order) of the Receiving Party to whom 12 disclosure is reasonably necessary for this Action and who have signed the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (c) the court and its personnel; 15 (d) court reporters and their staff; 16 (e) professional jury or trial consultants, mock jurors, and Professional 17 Vendors to whom disclosure is reasonably necessary for this Action and who have 18 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 20 21 (f) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (g) during their depositions, witnesses, and attorneys for witnesses, in 22 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 23 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 24 will not be permitted to keep any confidential information unless they sign the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 26 by the Designating Party or ordered by the court. Pages of transcribed deposition 27 testimony or exhibits to depositions that reveal Protected Material may be separately 28 9 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 bound by the court reporter and may not be disclosed to anyone except as permitted 2 under this Stipulated Protective Order; and 3 (h) any mediator or settlement officer, and their supporting personnel, 4 mutually agreed upon by any of the parties engaged in settlement discussions. 5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 6 OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation 8 that compels disclosure of any information or items designated in this Action as 9 “CONFIDENTIAL” or “ATTORNEYS EYES ONLY” that Party must: 10 11 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or 13 order to issue in the other litigation that some or all of the material covered by the 14 subpoena or order is subject to this Protective Order. Such notification shall include a 15 copy of this Stipulated Protective Order; and 16 (c) cooperate with respect to all reasonable procedures sought to 17 be pursued by the Designating Party whose Protected Material may be affected. If the 18 Designating Party timely seeks a protective order, the Party served with the subpoena 19 or court order shall not produce any information designated in this action as 20 “CONFIDENTIAL” or “ATTORNEYS EYES ONLY” before a determination by the 21 court from which the subpoena or order issued, unless the Party has obtained the 22 Designating Party’s permission. The Designating Party shall bear the burden and 23 expense of seeking protection in that court of its confidential material and nothing in 24 these provisions should be construed as authorizing or encouraging a Receiving Party 25 in this Action to disobey a lawful directive from another court. 26 27 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 28 10 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 2 IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a 3 Non-Party in this Action and designated as “CONFIDENTIAL” or 4 “ATTORNEYS EYES ONLY.” Such information produced by Non- 5 Parties in connection with this litigation is protected by the remedies 6 and relief provided by this Order. Nothing in these provisions 7 should be construed as prohibiting a Non-Party from seeking 8 additional protections. 9 (b) In the event that a Party is required, by a valid discovery request, 10 to produce a Non-Party’s confidential information in its possession, and the Party is 11 subject to an agreement with the Non-Party not to produce the Non-Party’s 12 confidential information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non-Party 14 that some or all of the information requested is subject to a confidentiality agreement 15 with a Non-Party; 16 (2) promptly provide the Non-Party with a copy of the Stipulated 17 Protective Order in this Action, the relevant discovery request(s), and a reasonably 18 specific description of the information requested; and 19 20 21 (3) make the information requested available for inspection by the Non-Party, if requested. (c) If the Non-Party fails to seek a protective order from this court 22 within 14 days of receiving the notice and accompanying information, the Receiving 23 Party may produce the Non-Party’s confidential information responsive to the 24 discovery request. If the Non-Party timely seeks a protective order, the Receiving 25 Party shall not produce any information in its possession or control that is subject to 26 the confidentiality agreement with the Non-Party before a determination by the court. 27 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 28 of seeking protection in this court of its Protected Material. 11 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to 6 retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 persons to whom unauthorized disclosures were made of all the terms of this Order, 8 and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached hereto as Exhibit A. 10 11. 11 PROTECTED MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other protection, 14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 16 may be established in an e-discovery order that provides for production without prior 17 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 18 parties reach an agreement on the effect of disclosure of a communication or 19 information covered by the attorney-client privilege or work product protection, the 20 parties may incorporate their agreement in the stipulated protective order submitted to 21 the court. The Parties hereby agree that, pursuant to Federal Rule of Evidence 502(d) 22 and (e), disclosure of a communication or information covered by the attorney-client 23 privilege or work product protection in connection with this litigation does not waive 24 such privilege or protection. 25 12. 26 27 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 28 12 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order, no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in this 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any of the material covered by this Protective Order. 6 12.3 Filing Protected Material. A Party that seeks to file under seal any 7 Protected Material must comply with Local Civil Rule 79-5 and the Court’s 8 Standing Order. Protected Material may only be filed under seal pursuant to a court 9 order authorizing the sealing of the specific Protected Material at issue. If a Party’s 10 request to file Protected Material under seal is denied by the court, then the 11 Receiving Party may file the information in the public record unless otherwise 12 instructed by the court. 13 13. 14 FINAL DISPOSITION Within sixty (60) days of the final disposition of this Action, each Receiving 15 Party must return all Protected Material to the Producing Party or destroy such 16 material. As used in this subdivision, “all Protected Material” includes all copies, 17 abstracts, compilations, summaries, and any other format reproducing or capturing 18 any of the Protected Material. Whether the Protected Material is returned or 19 destroyed, the Receiving Party must submit a written certification to the Producing 20 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 21 deadline that (1) identifies (by category, where appropriate) all the Protected Material 22 that was returned or destroyed and (2) affirms that the Receiving Party has not 23 retained any copies, abstracts, compilations, summaries or any other format 24 reproducing or capturing any of the Protected Material. Notwithstanding this 25 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 26 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 27 deposition and trial exhibits, expert reports, attorney work product, and consultant and 28 expert work product, even if such materials contain Protected Material. Any such 13 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 archival copies that contain or constitute Protected Material remain subject to this 2 Protective Order as set forth in Section 4 (DURATION). 3 14. Any violation of this Order may be punished by any and all appropriate measures 4 including, without limitation, contempt proceedings and/or monetary sanctions. 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 DATED: 9/8/2020 8 9 /s/ Wayne S. Kreger Attorneys for Plaintiff 10 11 12 DATED: 9/8/2020 13 /s/ Lara A. Grines Attorneys for Defendant 14 Pursuant to L.R. 5-4.3.4(a) 2(i), I, Lara A. Grines, attest that all other signatories listed 15 above, and on whose behalf the filing is submitted, concur in the filing’s content and 16 have authorized the filing. 17 18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 DATED: September 9, 2020 20 21 22 / s / Sagar Honorable Alka Sagar United States Magistrate Judge 23 24 25 26 27 28 14 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, 5 address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on________ [date] in the case 8 of Piazza et al. v. CBS Broadcasting Inc., Case No. 2:20-cv-02920-DSF(ASx). I 9 agree to comply with and to be bound by all the terms of this Stipulated Protective 10 Order and I understand and acknowledge that failure to so comply could expose me 11 to sanctions and punishment in the nature of contempt. I solemnly promise that I 12 will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance with 14 the provisions of this Order. I further agree to submit to the jurisdiction of the 15 United States District Court for the Central District of California for enforcing the 16 terms of this Stipulated Protective Order, even if such enforcement proceedings 17 occur after termination of this action. ________[print or type full name], of ______ [print or type full 18 19 Date: 20 City and State where sworn and signed: 21 22 Printed name: 23 24 Signature: 25 26 27 28 [PROPOSED] STIPULATED PROTECTIVE ORDER Case No. 2:20-cv-02920-DSF-AS

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?