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
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?