Daniel Sydnor v. Honeywell International, Inc. et al
Filing
33
STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 31 (dml)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
RAMIN R. YOUNESSI, CA State Bar No. 175020
ryounessi@younessilaw.com
SAMUEL GESHGIAN, CA State Bar No. 300470
sgeshgian@younessilaw.com
EDUARDO BALDERAS, CA State Bar No. 322589
ebalderas@younessilaw.com
BRYCE BOMMER, CA State Bar No. 313846
bbommer@younessilaw.com
LAW OFFICES OF RAMIN R. YOUNESSI
A Professional Law Corporation
3435 Wilshire Boulevard, Suite 2200
Los Angeles, CA 90010
Telephone: (213) 480-6200
Facsimile: (213) 480-6201
Attorneys for Plaintiff
DANIEL SYDNOR
HARDY RAY MURPHY, CA Bar No. 187149
hardy.murphy@ogletree.com
MINH P. NGO, CA Bar No. 302230
minh.ngo@ogletree.com
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: 213-239-9800
Facsimile: 213-239-9045
Attorneys for Defendant
HONEYWELL INTERNATIONAL, INC.
17
UNITED STATES DISTRICT COURT
18
CENTRAL DISTRICT OF CALIFORNIA
19
DANIEL SYDNOR, an individual,
20
Plaintiff,
21
STIPULATED PROTECTIVE
ORDER1
v.
22
HONEYWELL INTERNATIONAL
23 INC., a Delaware corporation;
HONEYWELL AEROSPACE, a
24 business entity of unknown form; and
DOES 1 through 20, inclusive,
25
Defendants.
26
Case No. 2:20-cv-08144 JWH (RAOx)
Complaint Filed: July 31, 2020
Trial Date:
January 31, 2022
District Judge: Hon. John W.
Holcomb
Courtroom 2,
Riverside
Magistrate Judge: Hon. Rozella A. Oliver
Courtroom 590,
Roybal
27
28
Stipulated
Protective
1
This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Rozella A. Oliver’s Procedures.
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
2
1.
A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,
3
proprietary or private information for which special protection from public
4
disclosure and from use for any purpose other than prosecuting this litigation may be
5
warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6
enter the following Stipulated Protective Order. The parties acknowledge that this
7
Order does not confer blanket protections on all disclosures or responses to
8
discovery and that the protection it affords from public disclosure and use extends
9
only to the limited information or items that are entitled to confidential treatment
10
under the applicable legal principles.
11
B. GOOD CAUSE STATEMENT
12
This action is likely to involve personal and sensitive medical information,
13
14
which special protection from public disclosure and from use for any purpose other
15
than prosecution of this action is warranted. Such confidential and proprietary
16
materials and information consist of, among other things, raw data and test materials
17
relating to the mental examination of the plaintiff, confidential business or financial
18
information, information otherwise generally unavailable to the public, or which may
19
be privileged or otherwise protected from disclosure under state or federal statutes,
20
court rules, case decisions, or common law. Accordingly, to expedite the flow of
21
information, to facilitate the prompt resolution of disputes over confidentiality of
22
discovery materials, to adequately protect information the parties are entitled to keep
23
confidential, to ensure that the parties are permitted reasonable necessary uses of
24
such material in preparation for and in the conduct of trial, to address their handling
25
at the end of the litigation, and serve the ends of justice, a protective order for such
26
information is justified in this matter. It is the intent of the parties that information
27
will not be designated as confidential for tactical reasons and that nothing be so
28
Stipulated
Protective
confidential commercial, business, financial, and/or proprietary information for
designated without a good faith belief that it has been maintained in a confidential,
1
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
non-public manner, and there is good cause why it should not be part of the public
2
record of this case.
3
C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
4
The parties further acknowledge, as set forth in Section 12.3, below, that this
5
Stipulated Protective Order does not entitle them to file confidential information
6
under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and
7
the standards that will be applied when a party seeks permission from the court to
8
file material under seal.
9
There is a strong presumption that the public has a right of access to judicial
10
proceedings and records in civil cases. In connection with non-dispositive motions,
11
good cause must be shown to support a filing under seal. See Kamakana v. City and
12
County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
13
Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,
14
Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require
15
good cause showing), and a specific showing of good cause or compelling reasons
16
with proper evidentiary support and legal justification, must be made with respect to
17
Protected Material that a party seeks to file under seal. The parties’ mere designation
18
of Disclosure or Discovery Material as HIGHLY CONFIDENTIAL or
19
CONFIDENTIAL does not—without the submission of competent evidence by
20
declaration, establishing that the material sought to be filed under seal qualifies as
21
confidential, privileged, or otherwise protectable—constitute good cause.
22
Further, if a party requests sealing related to a dispositive motion or trial, then
23
24
relief sought shall be narrowly tailored to serve the specific interest to be protected.
25
See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
26
each item or type of information, document, or thing sought to be filed or introduced
27
under seal in connection with a dispositive motion or trial, the party seeking
28
Stipulated
Protective
compelling reasons, not only good cause, for the sealing must be shown, and the
protection must articulate compelling reasons, supported by specific facts and legal
2
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
justification, for the requested sealing order. Again, competent evidence supporting
2
the application to file documents under seal must be provided by declaration.
Any document that is not confidential, privileged, or otherwise protectable in
3
4
its entirety will not be filed under seal if the confidential portions can be redacted. If
5
documents can be redacted, then a redacted version for public viewing, omitting only
6
the confidential, privileged, or otherwise protectable portions of the document shall
7
be filed. Any application that seeks to file documents under seal in their entirety
8
should include an explanation of why redaction is not feasible.
9
2.
10
DEFINITIONS
2.1
Action: this case entitled Daniel Sydnor v. Honeywell International,
11
Inc., et al., Case No. 2:20-cv-08144 JWH (RAOx), currently pending in the Central
12
District of California.
13
14
15
2.2
Challenging Party: a Party or Non-Party that challenges the designation
of information or items under this Order.
2.3
“CONFIDENTIAL” Information or Items: information (regardless of
16
how it is generated, stored or maintained) or tangible things that qualify for
17
protection under Federal Rule of Civil Procedure 26(c), and as specified above in the
18
Good Cause Statement.
19
2.4
“HIGHLY CONFIDENTIAL” Information or Items: information
20
(regardless of how it is generated, stored or maintained) or tangible things that
21
qualify for protection under Federal Rule of Civil Procedure 26(c) and as specified
22
above in the Good Cause Statement that the Designating Party believes in good faith
23
that disclosure would create a substantial risk of serious and/or substantial harm
24
including misuse or misrepresentation of the data or the test, or other injury that
25
cannot be avoided by less restrictive means.
26
27
2.5
Counsel: Outside Counsel of Record and House Counsel (as well as
their support staff).
28
Stipulated
Protective
3
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
2.6
Designating Party: a Party or Non-Party that designates information or
2
items that it produces in disclosures or in responses to discovery as
3
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”.
4
2.7
Disclosure or Discovery Material: all items or information, regardless
5
of the medium or manner in which it is generated, stored, or maintained (including,
6
among other things, testimony, transcripts, and tangible things) that are produced or
7
generated in disclosures or responses to discovery in this matter.
8
9
10
11
2.8
Expert: a person with specialized knowledge or experience in a matter
pertinent to the litigation who has been retained by a Party or its counsel to serve as
an expert witness or as a consultant in this Action.
2.9
House Counsel: attorneys who are employees of a party to this Action.
12
House Counsel does not include Outside Counsel of Record or any other outside
13
counsel.
14
15
16
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 party
17
to this Action but are retained to represent or advise a party to this Action and have
18
appeared in this Action on behalf of that party or are affiliated with a law firm that
19
has appeared on behalf of that party, and includes support staff.
20
2.12 Party: any party to this Action, including all of its officers, directors,
21
employees, consultants, retained experts, and Outside Counsel of Record (and their
22
support staffs).
23
24
25
2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
2.14 Professional Vendors: persons or entities that provide litigation support
26
27
demonstrations, and organizing, storing, or retrieving data in any form or medium)
28
Stipulated
Protective
services (e.g., photocopying, videotaping, translating, preparing exhibits or
and their employees and subcontractors.
4
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
2.15 Protected Material: any Disclosure or Discovery Material that is
1
2
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
3
4
from a Producing Party.
5
3.
SCOPE
6
The protections conferred by this Stipulation and Order cover not only
7
Protected Material (as defined above), but also (1) any information copied or
8
extracted from Protected Material; (2) all copies, excerpts, summaries, or
9
compilations of Protected Material; and (3) any testimony, conversations, or
10
presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the
11
12
trial judge. This Order does not govern the use of Protected Material at trial.
13
4.
DURATION
The confidentiality obligations imposed by this Order shall remain in effect
14
15
even after final disposition of this Action until a Designating Party agrees otherwise
16
in writing or a court order otherwise directs. Final disposition shall be deemed to be
17
the later of (1) dismissal of all claims and defenses in this Action, with or without
18
prejudice; and (2) final judgment herein after the completion and exhaustion of all
19
appeals, re-hearings, remands, trials, or reviews of this Action, including the time
20
limits for filing any motions or applications for extension of time pursuant to
21
applicable law.
To the extent permitted by law, the Court shall retain jurisdiction to enforce,
22
23
modify, or reconsider this Stipulation and Protective Order, even after the final
24
disposition of this Action.
25
The Parties shall meet and confer regarding the procedures for use of
26 Confidential Materials at trial and shall move the Court for entry of an appropriate
27 order.
28
Stipulated
Protective
5
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
2
5.
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
3
Each Party or Non-Party that designates information or items for protection under
4
this Order must take care to limit any such designation to specific material that
5
qualifies under the appropriate standards. The Designating Party must designate for
6
protection only those parts of material, documents, items or oral or written
7
communications that qualify so that other portions of the material, documents, items
8
or communications for which protection is not warranted are not swept unjustifiably
9
within the ambit of this Order.
10
Mass, indiscriminate or routinized designations are prohibited. Designations
11
that are shown to be clearly unjustified or that have been made for an improper
12
purpose (e.g., to unnecessarily encumber the case development process or to impose
13
unnecessary expenses and burdens on other parties) may expose the Designating
14
Party to sanctions.
15
If it comes to a Designating Party’s attention that information or items that it
16
designated for protection do not qualify for protection, that Designating Party must
17
promptly notify all other Parties that it is withdrawing the inapplicable designation.
18
5.2
Manner and Timing of Designations. Except as otherwise provided in
19
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
20
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
21
under this Order must be clearly so designated before the material is disclosed or
22
produced.
23
Designation in conformity with this Order requires:
24
(a) for information in documentary form (e.g., paper or electronic documents,
25
26
Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY
27
CONFIDENTIAL” (hereinafter, collectively “CONFIDENTIAL legend”), to each
28
Stipulated
Protective
but excluding transcripts of depositions or other pretrial or trial proceedings), that the
page that contains protected material. If only a portion of the material on a page
6
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
qualifies for protection, the Producing Party also must clearly identify the protected
2
portion(s) (e.g., by making appropriate markings in the margins).
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.” After the inspecting Party has identified the
8
documents it wants copied and produced, the Producing Party must determine which
9
documents, or portions thereof, qualify for protection under this Order. Then, before
10
producing the specified documents, the Producing Party must affix the
11
“CONFIDENTIAL legend” to each page that contains Protected Material. If only a
12
portion of the material on a page qualifies for protection, the Producing Party also
13
must clearly identify the protected portion(s) (e.g., by making appropriate markings
14
in the margins).
15
(b) for testimony given in depositions that the Designating Party identifies the
16
Disclosure or Discovery Material on the record, before the close of the deposition all
17
protected testimony.
18
(c) for information produced in some form other than documentary and for
19
any other tangible items, that the Producing Party affix in a prominent place on the
20
exterior of the container or containers in which the information is stored the legend
21
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or portions
22
of the information warrants protection, the Producing Party, to the extent practicable,
23
shall identify the protected portion(s).
24
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
25
failure to designate qualified information or items does not, standing alone, waive
26
the Designating Party’s right to secure protection under this Order for such material.
27
Upon timely correction of a designation, the Receiving Party must make reasonable
28
Stipulated
Protective
7
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
efforts to assure that the material is treated in accordance with the provisions of this
2
Order.
3
6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
4
Timing of Challenges. Any Party or Non-Party may challenge a
5
designation of confidentiality at any time that is consistent with the Court’s
6
Scheduling Order.
6.2
7
8
Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37.1 et seq.
6.3
9
The burden of persuasion in any such challenge proceeding shall be on
10
the Designating Party. Frivolous challenges, and those made for an improper
11
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
12
parties) may expose the Challenging Party to sanctions. Unless the Designating
13
Party has waived or withdrawn the confidentiality designation, all parties shall
14
continue to afford the material in question the level of protection to which it is
15
entitled under the Producing Party’s designation until the Court rules on the
16
challenge.
17
7.
18
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
19
disclosed or produced by another Party or by a Non-Party in connection with this
20
Action only for prosecuting, defending or attempting to settle this Action. Such
21
Protected Material may be disclosed only to the categories of persons and under the
22
conditions described in this Order. When the Action has been terminated, a
23
Receiving Party must comply with the provisions of section 13 below (FINAL
24
DISPOSITION).
25
Protected Material must be stored and maintained by a Receiving Party at a
26
location and in a secure manner that ensures that access is limited to the persons
27
authorized under this Order.
28
Stipulated
Protective
8
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
2
otherwise ordered by the court or permitted in writing by the Designating Party, a
3
Receiving Party may disclose any information or item designated
4
“CONFIDENTIAL” only to:
5
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
6
employees of said Outside Counsel of Record to whom it is reasonably necessary to
7
disclose the information for this Action;
8
(b) the officers, directors, and employees (including House Counsel) of the
9
Receiving Party to whom disclosure is reasonably necessary for this Action;
10
(c) Experts (as defined in this Order) of the Receiving Party to whom
11
disclosure is reasonably necessary for this Action and who have signed the
12
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
13
(d) the court and its personnel;
14
(e) court reporters and their staff;
15
(f) professional jury or trial consultants and Professional Vendors to whom
16
disclosure is reasonably necessary for this Action and who have signed the
17
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
18
19
20
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses, and attorneys for witnesses, in the
21
22
requests that the witness sign the form attached as Exhibit A hereto; and (2) they will
23
not be permitted to keep any confidential information unless they sign the
24
“Acknowledgment and Agreement to Be Bound” (Exhibit A), and it is agreed by the
25
Designating Party or ordered by the court. Pages of transcribed deposition testimony
26
or exhibits to depositions that reveal Protected Material may be separately bound by
27
the court reporter and may not be disclosed to anyone except as permitted under this
28
Stipulated
Protective
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
Stipulated Protective Order; and
9
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
2
3
4
(i) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
7.3
Access to and/or disclosure of “Highly Confidential” Information or
Items shall be permitted only to the following persons or entities:
5
(a) Outside Counsel of Record in this Action, as well as employees of said
6
Outside Counsel of Record to whom it is reasonably necessary to disclose the
7
information for this Action. Such employees whom such access is permitted and/or
8
disclosure is made shall, prior to such access or disclosure, shall be advised of, and
9
become subject to, the provisions of this Order;
10
(b) Experts (as defined in this Order), professional jury or trial consultants,
11
and Professional Vendors to whom disclosure is reasonably necessary for this Action
12
and who have signed the “Acknowledgment and Agreement to Be Bound”
13
(Exhibit A). Outside Counsel of Record for the Party making the disclosure shall
14
deliver a copy of this Order to such person, shall explain its terms to such person,
15
and shall secure the signature of such person the “Acknowledgment and Agreement
16
to Be Bound” (Exhibit A) prior to the disclosure of Highly Confidential Materials. It
17
shall be the obligation of Outside Counsel of Record, upon learning of any breach or
18
threatened breach of this Order, to promptly notify Outside Counsel for the
19
Designating Party of such breach or threatened breach.
20
(c) the court and its personnel;
21
(d) court reporters and their staff;
22
(e) the author or recipient of a document containing the Highly Confidential
23
Information or Item or a custodian or other person who otherwise possessed or knew
24
the Highly Confidential Information or Item, but only to the extent of that person’s
25
prior familiarity with the Highly Confidential Information or Item.
26
27
28
Stipulated
Protective
10
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
2
OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation
3
4
that compels disclosure of any information or items designated in this Action as
5
“CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall
6
7
include a copy of the subpoena or court order;
8
(b) promptly notify in writing the party who caused the subpoena or order to
9
issue in the other litigation that some or all of the material covered by the subpoena
10
or order is subject to this Protective Order. Such notification shall include a copy of
11
this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued
12
13
by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with
14
15
the subpoena or court order shall not produce any information designated in this
16
action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a
17
determination by the court from which the subpoena or order issued, unless the Party
18
has obtained the Designating Party’s permission. The Designating Party shall bear
19
the burden and expense of seeking protection in that court of its confidential material
20
and nothing in these provisions should be construed as authorizing or encouraging a
21
Receiving Party in this Action to disobey a lawful directive from another court.
22
9.
23
PRODUCED IN THIS LITIGATION
24
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
(a) The terms of this Order are applicable to information produced by a Non-
25
Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
26
CONFIDENTIAL.” Such information produced by Non-Parties in connection with
27
this litigation is protected by the remedies and relief provided by this Order. Nothing
28
Stipulated
Protective
11
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
in these provisions should be construed as prohibiting a Non-Party from seeking
2
additional protections.
(b) In the event that a Party is required, by a valid discovery request, to
3
4
produce a Non-Party’s confidential information in its possession, and the Party is
5
subject to an agreement with the Non-Party not to produce the Non-Party’s
6
confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party
7
8
that some or all of the information requested is subject to a confidentiality
9
agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated
10
11
Protective Order in this Action, the relevant discovery request(s), and a
12
reasonably specific description of the information requested; and
(3) make the information requested available for inspection by the Non-
13
14
Party, if requested.
15
(c) If the Non-Party fails to seek a protective order from this court within 14
16
days of receiving the notice and accompanying information, the Receiving Party may
17
produce the Non-Party’s confidential information responsive to the discovery
18
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
19
not produce any information in its possession or control that is subject to the
20
confidentiality agreement with the Non-Party before a determination by the court.
21
Absent a court order to the contrary, the Non-Party shall bear the burden and expense
22
of seeking protection in this court of its Protected Material.
23
10.
24
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
25
26
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
27
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
28
Stipulated
Protective
Protected Material to any person or in any circumstance not authorized under this
to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
12
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
persons to whom unauthorized disclosures were made of all the terms of this Order,
2
and (d) request such person or persons to execute the “Acknowledgment and
3
Agreement to Be Bound” that is attached hereto as Exhibit A.
4
11.
5
PROTECTED MATERIAL
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
When a Producing Party gives notice to Receiving Parties that certain
6
7
inadvertently produced material is subject to a claim of privilege or other protection,
8
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
9
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
10 may be established in an e-discovery order that provides for production without prior
11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
12 parties reach an agreement on the effect of disclosure of a communication or
13 information covered by the attorney-client privilege or work product protection, the
14 parties may incorporate their agreement in the stipulated protective order submitted
15 to the court.
16 12.
MISCELLANEOUS
17
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
18
19
person to seek its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this
20
Protective Order, no Party waives any right it otherwise would have to object to
21
disclosing or producing any information or item on any ground not addressed in this
22
Stipulated Protective Order. Similarly, no Party waives any right to object on any
23
ground to use in evidence of any of the material covered by this Protective Order.
24
12.3 Filing Protected Material. A Party that seeks to file under seal any
25
Protected Material must comply with Local Civil Rule 79-5. Protected Material may
26
only be filed under seal pursuant to a court order authorizing the sealing of the
27
specific Protected Material at issue. If a Party’s request to file Protected Material
28
Stipulated
Protective
13
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
under seal is denied by the court, then the Receiving Party may file the information
2
in the public record unless otherwise instructed by the court.
3
13.
FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 60
4
5
days of a written request by the Designating Party, each Receiving Party must return
6
all Protected Material to the Producing Party or destroy such material. As used in
7
this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
8
summaries, and any other format reproducing or capturing any of the Protected
9
Material. Whether the Protected Material is returned or destroyed, the Receiving
10
11
person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
12
(by category, where appropriate) all the Protected Material that was returned or
13
destroyed and (2) affirms that the Receiving Party has not retained any copies,
14
abstracts, compilations, summaries or any other format reproducing or capturing any
15
of the Protected Material. Notwithstanding this provision, Counsel are entitled to
16
retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
17
transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
18
reports, attorney work product, and consultant and expert work product, even if such
19
materials contain Protected Material. Any such archival copies that contain or
20
constitute Protected Material remain subject to this Protective Order as set forth in
21
Section 4 (DURATION).
22
//
23
//
24
//
25
//
26
//
27
//
28
Stipulated
Protective
Party must submit a written certification to the Producing Party (and, if not the same
//
14
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
2
3
4
ATTESTATION REGARDING SIGNATURES
I, Minh P. Ngo, attest, pursuant to Local Civil Rule 5-4.3.4(a)(2)(i), that all
other signatories listed, and on whose behalf the filing is submitted, concur in the
filing’s content and have authorized the filing.
5
6
7
Dated: June 2, 2021
/s/ Minh P. Ngo _______________________
Minh P. Ngo
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stipulated
Protective
16
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of
4
_________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Central District of California
7
on [date] in the case of Daniel Sydnor v. Honeywell International, Inc., et al., Case
8
No. 2:20-cv-08144 JWH (RAOx). I agree to comply with and to be bound by all the
9
terms of this Stipulated Protective Order and I understand and acknowledge that
10
failure to so comply could expose me to sanctions and punishment in the nature of
11
contempt. I solemnly promise that I will not disclose in any manner any information
12
or item that is subject to this Stipulated Protective Order to any person or entity
13
except in strict compliance with the provisions of this Order.
14
I further agree to submit to the jurisdiction of the United States District Court
15
for the Central District of California for enforcing the terms of this Stipulated
16
Protective Order, even if such enforcement proceedings occur after termination of
17
this action. I hereby appoint __________________________ [print or type full
18
name] of _______________________________________ [print or type full address
19
and telephone number] as my California agent for service of process in connection
20
with this action or any proceedings related to enforcement of this Stipulated
21
Protective Order.
22
23
Date: ______________________________________
24
City and State where sworn and signed: _________________________________
25
Printed name: _______________________________
26
Signature: _________________________________
27
28
Stipulated
Protective
47307966.1
17
Case No. 2:20-cv-08144 JWH (RAOx)
STIPULATED PROTECTIVE ORDER
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?