Nader and Sons, LLC et al v. Homayoun Namvar

Filing 149

ORDER ENTERING STIPULATED PROTECTIVE ORDER 146 by Magistrate Judge John E. McDermott. The Protective Order submitted by the parties on April 27, 2021 is hereby filed and entered as of the date below. The full text of the Protective Order is reproduced in Attachment 1 below. [See document for details.] (es)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

NADER & SONS, LLC, and SISKO
ENTERPRISES, LLC,
Plaintiffs,

CASE NO. 2:20-cv-03141-SVW-JEM
ORDER ENTERING STIPULATED
PROTECTIVE ORDER

vs.
HOMAYOUN NAMVAR a/k/a
TONY NAMVAR, an individual;
KATAYOUN NAMVAR, a/k/a
KATHY NAMVAR, an individual;
HOOSHANG NAMVAR, a/k/a
HOUSHANG NAMVAR, a/k/a
SEAN NAMVAR, an individual;
MOUSA NAMVAR, an individual;
RAMIN NAMVAR, an individual;
PENTACO MANAGEMENT, INC.,
a California corporation; LIGHT
SOURCE MANAGEMENT, LLC, a
Delaware limited liability company;
ARNY EQUITY PARTNERS, LLC,
a Delaware limited liability
company; FOUNTAIN EQUITY
ADVISORS, LLC, a Delaware
limited liability company; HINO 8,
LLC, a California limited liability
company, a/k/a HINO-8, LLC;
EQUIMAX MORTGAGE & LOAN,
a California corporation; YARN
EQUITY PARTNERS, LLC, a
Delaware limited liability company;
14 OAKS ASSOCIATES, LLC, a
California limited liability company;
GREEN TREE INVESTMENT
PARTNERS, LLC, a Delaware
2:20-CV-03141-SVW-JEM
[PROPOSED] ORDER ENTERING STIPULATED PROTECTIVE ORDER

1
2
3
4
5
6
7
8
9

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10
11
12
13
14
15
16
17
18
19
20
21
22
23

limited liability company; WHITE
WATER FUNDING, LLC, a
Delaware limited liability company;
EASTBORNE INVESTMENT,
LLC, a Delaware limited liability
company; TRIFISH, LLC, a
California limited liability company;
WOODMAN PARTNERS, LLC, a
California limited liability company;
TITANIUM FABRICS, LLC, a
Delaware limited liability company;
LINE APPAREL, LLC, a Delaware
limited liability company;
PACESETTER FABRICS, LLC, a
California limited liability company;
MASTER’S HOLDINGS, LLC, a
Delaware limited liability company;
FRIENDSHIP, LLC, a California
limited liability company; EILEL
NAMVAR, an individual;
GUILBERT TEX, INC., a California
corporation; ROBERT
MOBASSERI, Trustee of the Rahm
Irrevocable Trust a/k/a the Raham
Irrevocable Trust and formerly
known as the 2009 Tony and Kathy
Children’s Irrevocable Trust;
HOMAYOUN “TONY” NAMVAR,
Trustee of the Tony and Kathy
Namvar Trust a/k/a the Tony and
Kathy Family Trust; DOES 2 to 10,
as current and/or former trustees of
the RAHM IRREVOCABLE
TRUST, a/k/a the RAHAM
IRREVOCABLE TRUST and
formerly known as the 2009 TONY
AND KATHY CHILDREN’S
IRREVOCABLE TRUST; DOES 12
to 20, as current and/or former
trustees of the TONY AND KATHY
NAMVAR TRUST, a/k/a the TONY
AND KATHY FAMILY TRUST;
and DOES 21 to 100, inclusive,
Defendants.

24
25
26
27
28
-2ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

ORDER

1
2

Having considered the Stipulated Protective Order (“Protective Order”)

3

submitted by the parties, and finding good cause for entry of the Protective Order,

4

the Court orders as follows:

5

The Protective Order submitted by the parties on April 27, 2021 is hereby

6

filed and entered as of the date below. The full text of the Protective Order is

7

reproduced in Attachment 1 below.

8
9

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10

DATED: 4/28/21

HON. JOHN E. McDERMOTT
United States Magistrate Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-

ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

1
2

ATTACHMENT 1

3

STIPULATED PROTECTIVE ORDER

4

1.

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

5

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

8

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

9

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

10
A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

proprietary, or private information for which special protection from public

7

HILL, FARRER & BURRILL LLP

6

Stipulated Protective Order does not confer blanket protections on all disclosures or

11

responses to discovery and that the protection it affords from public disclosure and

12

use extends only to the limited information or items that are entitled to confidential

13

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

14

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

15

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

16

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

17

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

18
19
20

2.

GOOD CAUSE STATEMENT
This action is likely to involve commercial, financial and/or proprietary

21

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

22

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

23

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

24

confidential business or financial information, information regarding confidential

25

business practices, other commercial information (including information

26

implicating privacy rights of third parties), personal financial information of

27

individuals, and information otherwise generally unavailable to the public or which

28

may be privileged or otherwise protected from disclosure under state or federal
-4ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

1

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

2

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

3

confidentiality of discovery materials, to adequately protect information the parties

4

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

5

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

6

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

7

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

8

parties that information will not be designated as confidential for tactical reasons

9

and that nothing be so designated without a good faith belief that it has been

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10

maintained in a confidential, non-public manner, and there is good cause why it

11

should not be part of the public record of this case.

12
13
14

3.

DEFINITIONS
3.1.

Action: This Stipulated Protective Order involves this pending federal

15

lawsuit, Nader & Sons, LLC, et al. v. Homayoun Namvar, et al.,

16

United States District Court for the Central District of California, Case

17

No. 20-cv-03141-SVW-JEM

18

3.2.

Challenging Party: A Party or Nonparty that challenges the

19

designation of information or items under this Stipulated Protective

20

Order.

21

3.3.

“CONFIDENTIAL” Information or Items: Information (regardless of

22

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

23

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

24

as specified above in the Good Cause Statement.

25

3.4.

as their support staff).

26
27
28

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

3.5.

Designating Party: A Party or Nonparty that designates information or
items that it produces in disclosures or in responses to discovery as
-5ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

“CONFIDENTIAL.”

1
2

3.6.

Disclosure or Discovery Material: All items or information, regardless

3

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

4

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

5

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

6

responses to discovery in this matter.

7

3.7.

Expert: A person with specialized knowledge or experience in a

8

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

9

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

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10

3.8.

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

11

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

12

Record or any other outside counsel.

13
14

3.9.

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

15

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

16

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

17

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

18

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

19

party, and includes support staff.

20

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

21

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

22

Outside Counsel of Record (and their support staffs).

23
24
25

3.12. Producing Party: A Party or Nonparty that produces Disclosure or
Discovery Material in this Action.
3.13. Professional Vendors: Persons or entities that provide litigation

26

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

27

preparing exhibits or demonstrations, and organizing, storing, or

28

retrieving data in any form or medium) and their employees and
-6ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

subcontractors.

1

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

2

designated as “CONFIDENTIAL.”

3

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

4

Material from a Producing Party.

5
6
7

4.

SCOPE

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

10
A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

The protections conferred by this Stipulated Protective Order cover not only

9

HILL, FARRER & BURRILL LLP

8

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

11

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

12

that might reveal Protected Material.

13

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

14

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

15

Material at trial.

16
17
18

5.

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

19

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

20

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

21

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

22

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

23

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

24

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

25

applications for extension of time pursuant to applicable law.

26
27
28
-7ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

1
2

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

3
4

protection under this Stipulated Protective Order must take care to

5

limit any such designation to specific material that qualifies under the

6

appropriate standards. The Designating Party must designate for

7

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

8

written communications that qualify so that other portions of the

9

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

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10

not warranted are not swept unjustifiably within the ambit of this

11

Stipulated Protective Order.

12

Mass, indiscriminate, or routinized designations are prohibited.

13

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

14

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

15

case development process or to impose unnecessary expenses and

16

burdens on other parties) may expose the Designating Party to

17

sanctions.

18

6.2.

Manner and Timing of Designations.
Except as otherwise provided in this Stipulated Protective Order

19
20

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

21

Disclosure or Discovery Material that qualifies for protection under

22

this Stipulated Protective Order must be clearly so designated before

23

the material is disclosed or produced.
Designation in conformity with this Stipulated Protective Order

24
25

requires the following:

26

(a)

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

27

documents, but excluding transcripts of depositions or other

28

pretrial or trial proceedings), that the Producing Party affix at a
-8ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

1

minimum, the legend “CONFIDENTIAL” to each page that

2

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

3

material on a page qualifies for protection, the Producing Party

4

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

5

making appropriate markings in the margins).
A Party or Nonparty that makes original documents

6

until after the inspecting Party has indicated which documents it

9

would like copied and produced. During the inspection and

10
A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

available for inspection need not designate them for protection

8

HILL, FARRER & BURRILL LLP

7

before the designation, all of the material made available for

11

inspection shall be deemed “CONFIDENTIAL.” After the

12

inspecting Party has identified the documents it wants copied

13

and produced, the Producing Party must determine which

14

documents, or portions thereof, qualify for protection under this

15

Stipulated Protective Order. Then, before producing the

16

specified documents, the Producing Party must affix the legend

17

“CONFIDENTIAL” to each page that contains Protected

18

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

19

qualifies for protection, the Producing Party also must clearly

20

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

21

markings in the margins).

22

(b)

For testimony given in depositions, that the Designating Party

23

identify the Disclosure or Discovery Material on the record,

24

before the close of the deposition, all protected testimony.

25

(c)

For information produced in nondocumentary form, and for any

26

other tangible items, that the Producing Party affix in a

27

prominent place on the exterior of the container or containers in

28

which the information is stored the legend “CONFIDENTIAL.”
-9ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

1

If only a portion or portions of the information warrants

2

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

3

identify the protected portion(s).
(d)

4

For information sought by subpoena from a third party, if a

5

party contends that the requested documents contain

6

CONFIDENTIAL information, that party shall promptly notify

7

the party who issued the subpoena that the information is

8

CONFIDENTIAL. The subpoenaing party shall promptly

9

thereafter affix the legend “CONFIDENTIAL” to each page of
the produced documents.

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10

6.3.

11

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

12
13

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

14

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

15

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

16

Receiving Party must make reasonable efforts to assure that the

17

material is treated in accordance with the provisions of this Stipulated

18

Protective Order.

19
20
21

7.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1.

Timing of Challenges.

22

Any Party or Nonparty may challenge a designation of

23

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

24

Scheduling Order.

25
26
27

7.2.

Meet and Confer.
The Challenging Party shall initiate the dispute resolution
process, which shall comply with Local Rule 37.1 et seq.

28
- 10 ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

7.3.

1

Burden of Persuasion.

2

The burden of persuasion in any such challenge proceeding shall

3

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

4

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

5

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

6

sanctions. Unless the Designating Party has waived or withdrawn the

7

confidentiality designation, all parties shall continue to afford the

8

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

9

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

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10
11
12
13

8.

ACCESS TO AND USE OF PROTECTED MATERIALS
8.1.

Basic Principles.
A Receiving Party may use Protected Material that is disclosed

14
15

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

16

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

17

Action. Such Protected Material may be disclosed only to the

18

categories of persons and under the conditions described in this

19

Stipulated Protective Order. When the Action reaches a final

20

disposition, a Receiving Party must comply with the provisions of

21

Section 14 below.
Protected Material must be stored and maintained by a

22
23

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

24

access is limited to the persons authorized under this Stipulated

25

Protective Order.

26
27
28

8.2.

Disclosure of “CONFIDENTIAL” Information or Items.
Unless otherwise ordered by the Court or permitted in writing
by the Designating Party, a Receiving Party may disclose any
- 11 ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

1

information or item designated “CONFIDENTIAL” only to:

2

(a)

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

3

employees of said Outside Counsel of Record to whom it is

4

reasonably necessary to disclose the information for this Action;

5

(b)

Experts of the Receiving Party to whom disclosure is reasonably

6

necessary for this Action and who have signed the

7

“Acknowledgment and Agreement to Be Bound” (Exhibit A);
The Court and its personnel;

(d)

Court reporters and their staff;

10
A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

(c)

9

HILL, FARRER & BURRILL LLP

8

(e)

Professional jury or trial consultants, mock jurors, and

11

Professional Vendors to whom disclosure is reasonably

12

necessary or this Action and who have signed the

13

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

14

(f)

The author or recipient of a document containing the

15

information or a custodian or other person who otherwise

16

possessed or knew the information;

17

(g)

During their depositions, witnesses, and attorneys for witnesses,

18

in the Action to whom disclosure is reasonably necessary

19

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

20

the “Acknowledgment and Agreement to Be Bound” (Exhibit

21

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

22

confidential information unless unless otherwise agreed by the

23

Designating Party or ordered by the Court. Pages of transcribed

24

deposition testimony or exhibits to depositions that reveal

25

Protected Material may be separately bound by the court

26

reporter and may not be disclosed to anyone except as permitted

27

under this Stipulated Protective Order; and

28

(h)

Any mediator or settlement officer, and their supporting
- 12 ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

1

personnel, mutually agreed upon by any of the parties engaged

2

in settlement discussions.

3
4

9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

5

PRODUCED IN OTHER LITIGATION

6

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

7

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

8

“CONFIDENTIAL,” that Party must:

9

(a)

shall include a copy of the subpoena or court order;

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10
11

Promptly notify in writing the Designating Party. Such notification

(b)

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

12

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

13

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

14

Such notification shall include a copy of this Stipulated Protective

15

Order; and

16

(c)

Cooperate with respect to all reasonable procedures sought to be

17

pursued by the Designating Party whose Protected Material may be

18

affected.

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

to disobey a lawful directive from another court.

27
28
- 13 ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

1

10.

A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE

2

PRODUCED IN THIS LITIGATION

3

10.1. Application.

4

The terms of this Stipulated Protective Order are applicable to

5

information produced by a Nonparty in this Action and designated as

6

“CONFIDENTIAL.” Such information produced by Nonparties in

7

connection with this litigation is protected by the remedies and relief

8

provided by this Stipulated Protective Order. Nothing in these

9

provisions should be construed as prohibiting a Nonparty from seeking

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10
11

additional protections.
10.2. Notification.

12

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

13

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

14

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

15

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

16

shall:

17

(a)

Promptly notify in writing the Requesting Party and the

18

Nonparty that some or all of the information requested is subject

19

to a confidentiality agreement with a Nonparty;

20

(b)

Promptly provide the Nonparty with a copy of the Stipulated

21

Protective Order in this Action, the relevant discovery

22

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

23

information requested; and

24
25
26
27
28

(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
within fourteen (14) days after receiving the notice and accompanying
- 14 ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

1

information, the Receiving Party may produce the Nonparty’s

2

confidential information responsive to the discovery request. If the

3

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

4

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

5

the confidentiality agreement with the Nonparty before a

6

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

7

Nonparty shall bear the burden and expense of seeking protection in

8

this Court of its Protected Material.

9

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10

11.

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

11
12

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

13

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

14

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

15

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

16

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

17

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

18

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

19
20

12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

21

PROTECTED MATERIAL

22

When a Producing Party gives notice to Receiving Parties that certain

23

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

24

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

25

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

26

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

27

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

28

502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
- 15 ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

1

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

2

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

3

Protective Order submitted to the Court.

4
5

13.

13.1. Right to Further Relief.

6

Nothing in this Stipulated Protective Order abridges the right of

7

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

8

13.2. Right to Assert Other Objections.

9

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

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

10
HILL, FARRER & BURRILL LLP

MISCELLANEOUS

11

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

12

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

13

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

14

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

15

covered by this Stipulated Protective Order.
13.3. Filing Protected Material.

16

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

17
18

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

19

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

20

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

21

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

22

Receiving Party may file the information in the public record unless

23

otherwise instructed by the Court.

24
25
26

14.

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

27

request by the Designating Party, each Receiving Party must return all Protected

28

Material to the Producing Party or destroy such material. As used in this
- 16 ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10
A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

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

2

HILL, FARRER & BURRILL LLP

1

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

11

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

12

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

13

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

14

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

15

Protective Order as set forth in Section 5.

16
17
18

15.

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

19

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

20

monetary sanctions.

21
22
23
24
25
26
27
28
- 17 ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I, _____________________________ [print or type full name], of

5

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

6

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

7

was issued by the United States District Court for the Central District of California

8

on [date] in the case of ___________ [insert formal name of the case and the

9

number and initials assigned to it by the court]. I agree to comply with and to be

A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CALIFORNIA PLAZA, 37TH FLOOR
300 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071-3147

HILL, FARRER & BURRILL LLP

10

bound by all the terms of this Stipulated Protective Order and I understand and

11

acknowledge that failure to so comply could expose me to sanctions and

12

punishment in the nature of contempt. I solemnly promise that I will not disclose in

13

any manner any information or item that is subject to this Stipulated Protective

14

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

15

Order.

16

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

17

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

18

Protective Order, even if such enforcement proceedings occur after termination of

19

this action. I hereby appoint __________________________ [print or type full

20

name] of _______________________________________ [print or type full

21

address and telephone number] as my California agent for service of process in

22

connection with this action or any proceedings related to enforcement of this

23

Stipulated Protective Order.

24

Date: ______________________________________

25

City and State where sworn and signed: ___________________________

26

Printed name: _______________________________

27

Signature: __________________________________

28
- 18 ORDER ENTERING STIPULATED PROTECTIVE ORDER

2:20-CV-03141-SVW-JEM