Pocketbook Int'l SA v. Domain Admin/SiteTools, Inc., et al
Filing
42
STIPULATED PROTECTIVE ORDER by Magistrate Judge Patricia Donahue re Stipulation for Protective Order 41 . (See Order for details.) (es)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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POCKETBOOK INT’L SA;
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Plaintiff,
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Case No. 2:20-cv-8708 DMG (PDx)
STIPULATED PROTECTIVE
ORDER1
v.
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DOMAIN ADMIN/SITETOOLS,
INC.; and PHILIP ANCEVSKI aka
FILIP ANCEVSKI;
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Defendants.
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1.
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A. PURPOSES AND LIMITATIONS
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Discovery in this action is likely to involve production of confidential,
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proprietary, or private information for which special protection from public disclosure
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and from use for any purpose other than prosecuting this litigation may be warranted.
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Accordingly, the parties hereby stipulate to and petition the Court to enter the
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following Stipulated Protective Order. The parties acknowledge that this Order does
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not confer blanket protections on all disclosures or responses to discovery and that
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the protection it affords from public disclosure and use extends only to the limited
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This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Patricia Donahue’s Procedures.
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information or items that are entitled to confidential treatment under the applicable
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legal principles.
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B. GOOD CAUSE STATEMENT
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This action is likely to involve trade secrets, customer and pricing lists and
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other valuable research, development, commercial, financial, technical and/or
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proprietary information for which special protection from public disclosure and from
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use for any purpose other than prosecution of this action is warranted. Such
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confidential and proprietary materials and information consist of, among other things,
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confidential business or financial information, information regarding confidential
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business practices, or other confidential research, development, or commercial
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information (including information implicating privacy rights of third parties),
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information otherwise generally unavailable to the public, or which may be privileged
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or otherwise protected from disclosure under state or federal statutes, court rules, case
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decisions, or common law. Accordingly, to expedite the flow of information, to
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facilitate the prompt resolution of disputes over confidentiality of discovery materials,
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to adequately protect information the parties are entitled to keep confidential, to
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ensure that the parties are permitted reasonable necessary uses of such material in
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preparation for and in the conduct of trial, to address their handling at the end of the
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litigation, and serve the ends of justice, a protective order for such information is
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justified in this matter. It is the intent of the parties that information will not be
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designated as confidential or attorneys eyes’ only for tactical reasons and that
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nothing be so designated without a good faith belief that it has been maintained in a
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confidential, non-public manner, and there is good cause why it should not be part of
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the public record of this case, or in the case of the most competitively sensitive
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material, why it should be produced solely on an attorneys’ eyes only basis.
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C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
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The parties further acknowledge, as set forth in Section 12.3, below, that this
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Stipulated Protective Order does not entitle them to file confidential information
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under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and
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the standards that will be applied when a party seeks permission from the court to file
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material under seal.
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There is a strong presumption that the public has a right of access to judicial
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proceedings and records in civil cases. In connection with non-dispositive motions,
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good cause must be shown to support a filing under seal. See Kamakana v. City and
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County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
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Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,
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187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
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cause showing), and a specific showing of good cause or compelling reasons with
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proper evidentiary support and legal justification, must be made with respect to
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Protected Material that a party seeks to file under seal. The parties’ mere designation
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of Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without the
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submission of competent evidence by declaration, establishing that the material
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sought to be filed under seal qualifies as confidential, privileged, or otherwise
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protectable—constitute good cause.
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Further, if a party requests sealing related to a dispositive motion or trial, then
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compelling reasons, not only good cause, for the sealing must be shown, and the relief
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sought shall be narrowly tailored to serve the specific interest to be protected. See
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Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
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or type of information, document, or thing sought to be filed or introduced under seal
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in connection with a dispositive motion or trial, the party seeking protection must
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articulate compelling reasons, supported by specific facts and legal justification, for
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the requested sealing order. Again, competent evidence supporting the application to
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file documents under seal must be provided by declaration.
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Any document that is not confidential, privileged, or otherwise protectable in
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its entirety will not be filed under seal if the confidential portions can be redacted. If
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documents can be redacted, then a redacted version for public viewing, omitting only
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the confidential, privileged, or otherwise protectable portions of the document, shall
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be filed. Any application that seeks to file documents under seal in their entirety
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should include an explanation of why redaction is not feasible.
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2.
DEFINITIONS
2.1
Action: This pending federal lawsuit, POCKETBOOK INT’L SA v.
DOMAIN ADMIN/SITETOOLS, INC., et al., No. 2:20-cv-8708 DMG (PDx).
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
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how it is generated, stored or maintained) or tangible things that qualify for protection
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under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
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Cause Statement.
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2.4
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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Information or Items: Extremely sensitive “Confidential Information or Items,”
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disclosure of which to another Party or Non-Party would create a substantial risk of
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serious harm that could not be avoided by less restrictive means.
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2.5
Support Staff: any contractor or employee of Counsel’s firm.
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2.6
Counsel: Outside Counsel of Record (as well as their Support Staff).
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Designating Party: A Party or Non-Party that designates information or
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items that it produces in disclosures or in responses to discovery as
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY.”
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2.8
Disclosure or Discovery Material: All items or information, regardless
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of the medium or manner in which it is generated, stored, or maintained (including,
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among other things, testimony, transcripts, and tangible things), that are produced or
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generated in disclosures or responses to discovery in this matter.
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2.9
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Expert: A person with specialized knowledge or experience in a matter
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pertinent to the litigation who has been retained by a Party or its counsel to serve as
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an expert witness or as a consultant in this Action.
2.10 Non-Party: any natural person, partnership, corporation, association, or
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other legal entity not named as a Party to this action.
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2.11 Outside Counsel of Record: Attorneys who are not employees of a party
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to this Action but are retained to represent or advise a party to this Action and have
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appeared in this Action on behalf of that party or are affiliated with a law firm which
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has appeared on behalf of that party, and includes Support Staff.
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2.12 Party: Any party to this Action, including all of its officers, directors,
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employees, consultants, retained experts, and Outside Counsel of Record (and their
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Support Staff).
2.13 Producing Party: A Party or Non-Party that produces Disclosure or
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Discovery Material in this Action.
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2.14 Professional Vendors: Persons or entities that provide litigation support
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services (e.g., photocopying, videotaping, translating, preparing exhibits or
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demonstrations, and organizing, storing, or retrieving data in any form or medium)
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and their employees and subcontractors.
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2.15 Protected Material: Any Disclosure or Discovery Material that is
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designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
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EYES ONLY.”
2.16 Receiving Party: A Party that receives Disclosure or Discovery Material
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from a Producing Party.
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3.
SCOPE
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The protections conferred by this Stipulation and Order cover not only
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Protected Material (as defined above), but also (1) any information copied or extracted
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from Protected Material; (2) all copies, excerpts, summaries, or compilations of
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Protected Material; and (3) any testimony, conversations, or presentations by Parties,
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Non-Parties, or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the
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trial judge. This Order does not govern the use of Protected Material at trial.
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4.
DURATION
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FINAL DISPOSITION of the action is defined as the conclusion of any
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appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal
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has run. Except as set forth below, the terms of this protective order apply through
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FINAL DISPOSITION of the action. The parties may stipulate that they will be
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contractually bound by the terms of this agreement beyond FINAL DISPOSITION,
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but will have to file a separate action for enforcement of the agreement once all
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proceedings in this case are complete.
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Once a case proceeds to trial, information that was designated as
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY,” or maintained pursuant to this protective order used or introduced as an
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exhibit at trial becomes public and will be presumptively available to all members of
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the public, including the press, unless compelling reasons supported by specific
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factual findings to proceed otherwise are made to the trial judge in advance of the
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trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for
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sealing documents produced in discovery from “compelling reasons” standard when
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merits-related documents are part of court record). Accordingly, for such materials,
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the terms of this protective order do not extend beyond the commencement of the
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trial.
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5.
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Non-Party that designates information or items for protection under this
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Order must take care to limit any such designation to specific material that qualifies
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under the appropriate standards. The Designating Party must designate for protection
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only those parts of material, documents, items, or oral or written communications that
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qualify so that other portions of the material, documents, items, or communications
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for which protection is not warranted are not swept unjustifiably within the ambit of
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this Order.
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Mass, indiscriminate, or routinized designations are prohibited. Designations
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that are shown to be clearly unjustified or that have been made for an improper
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purpose (e.g., to unnecessarily encumber the case development process or to impose
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unnecessary expenses and burdens on other parties) may expose the Designating Party
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to sanctions.
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If it comes to a Designating Party’s attention that information or items that it
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designated for protection do not qualify for protection, that Designating Party must
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promptly notify all other Parties that it is withdrawing the inapplicable designation.
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5.2
Manner and Timing of Designations. Except as otherwise provided in
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this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
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under this Order must be clearly so designated before the material is disclosed or
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produced.
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Designation in conformity with this Order requires:
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(a) for information in documentary form (e.g., paper or electronic
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documents, but excluding transcripts of depositions or other pretrial or trial
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proceedings), that the Producing Party affix at a minimum, the legend
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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (“HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY legend”) to each page that contains protected material.
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If only a portion or portions of the material on a page qualifies for protection, the
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Producing Party also must clearly identify the protected portion(s) (e.g., by making
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appropriate markings in the margins).
(b)
for testimony given in depositions that the Designating Party identify the
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Disclosure or Discovery Material on the record, before the close of the deposition all
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protected testimony. When it is impractical to identify separately each portion of
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testimony that is entitled to protection, and when it appears that substantial portions
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of the testimony may qualify for protection, the Party or nonparty that sponsors,
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offers, or gives the testimony or that claims confidentiality may invoke, on the record
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before the deposition is concluded or by written communication within 48 hours after
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the deposition’s conclusion, a right to have up to two days to identify the specific
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portions of the testimony as to which protection is sought and to specify the level of
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protection being asserted (“CONFIDENTIAL” or HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY”), during which two-day designation period the
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entirety of the transcript shall be treated as HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY. Only those portions that are appropriately designated
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for protection within the two days shall be covered by the provisions of this Stipulated
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Protective Order after the two-day designation period.
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(c) for information produced in some form other than documentary and for
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any other tangible items, that the Producing Party affix in a prominent place on the
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exterior of the container or containers in which the information is stored, or for
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electronic files in the file name or accompanying correspondence, the legend
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONL.”
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If only a portion or portions of the information warrants protection, the Producing
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Party, to the extent practicable, shall identify the protected portion(s).
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5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
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failure to designate qualified information or items does not, standing alone, waive the
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Designating Party’s right to secure protection under this Order for such material.
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Upon timely correction of a designation, the Receiving Party must make reasonable
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efforts to assure that the material is treated in accordance with the provisions of this
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Order.
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6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
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Timing of Challenges. Any Party or Non-Party may challenge a
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designation of confidentiality at any time that is consistent with the Court’s
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Scheduling Order.
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Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37.1 et seq.
6.3
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The burden of persuasion in any such challenge proceeding shall be on
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the Designating Party. Frivolous challenges, and those made for an improper purpose
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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
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expose the Challenging Party to sanctions. Unless the Designating Party has waived
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or withdrawn the confidentiality designation, all parties shall continue to afford the
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material in question the level of protection to which it is entitled under the Producing
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Party’s designation until the Court rules on the challenge.
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7.
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
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disclosed or produced by another Party or by a Non-Party in connection with this
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Action only for prosecuting, defending, or attempting to settle this Action. Such
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Protected Material may be disclosed only to the categories of persons and under the
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conditions described in this Order. When the Action has been terminated, a Receiving
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Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a
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location and in a secure manner that ensures that access is limited to the persons
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authorized under this Order.
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7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
otherwise ordered by the court or permitted in writing by the Designating Party, a
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Receiving
Party
may
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disclose
any
information
or
item
designated
“CONFIDENTIAL” only to:
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(a) the Receiving Party’s Outside Counsel of Record in this Action, as well
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as employees of said Outside Counsel of Record to whom it is reasonably necessary
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to disclose the information for this Action;
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(b) the officers, directors, and employees of the Receiving Party to whom
disclosure is reasonably necessary for this Action;
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(c) experts (as defined in this Order) of the Receiving Party to whom
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disclosure is reasonably necessary for this Action and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(d) the court and its personnel;
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(e) court reporters and their staff;
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(f) professional jury or trial consultants, mock jurors, and Professional
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Vendors to whom disclosure is reasonably necessary for this Action and who have
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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(g) the author or recipient of a document containing the information or a
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custodian or other person who is shown, in written or oral evidence, or foundation
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laid in deposition testimony, otherwise possesses or knows information;
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(h) during their depositions, witnesses ,and attorneys for witnesses, in the
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Action to whom disclosure is reasonably necessary provided: (1) the deposing party
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requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
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not be permitted to keep any confidential information unless they sign the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
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agreed by the Designating Party or ordered by the court. Pages of transcribed
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deposition testimony or exhibits to depositions that reveal Protected Material may be
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separately bound by the court reporter and may not be disclosed to anyone except as
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permitted under this Stipulated Protective Order; and
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(i) any mediator or settlement officer, and their supporting personnel,
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mutually agreed upon by any of the parties engaged in settlement discussions.
7.3
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Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
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writing by the Designating Party, a Receiving Party may disclose any information or
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item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
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to:
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(a) the Receiving Party’s Outside Counsel of Record, and employees of
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the Outside Counsel of Record to whom it is reasonably necessary to disclose the
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information for this Action;
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(b) experts (as defined in this Order) of the Receiving Party to whom
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disclosure is reasonably necessary for this Action and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A) prior to receiving
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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY materials; provided,
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however, that before a Receiving Party may disclose, directly or indirectly, any
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information designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY,” the Receiving Party must email written notice to the Designating Party’s
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outside counsel of record the following information regarding such expert or
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consultant: (i) an Executed Exhibit A; (ii) confirmation that the expert or consultant
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has been advised in writing that his or her disclosure of information designated
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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the Receiving
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Party is prohibited; and (iii) the outside consultant’s current curriculum vitae or
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other description setting forth the person’s name and office address, his or her
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present employer with job title and job description, any business or personal
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relationship to any of the Parties (aside from being retained to consult and/or
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provide testimony in the Action), and a brief job history for the past five years;
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(c) court and its personnel;
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(d) court reporters and their staff;
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(e) professional jury or trial consultants, mock jurors, and Professional
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Vendors to whom disclosure is reasonably necessary for this Action and who have
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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(f) the author or recipient of a document containing the information or a
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custodian or other person who is shown, in written or oral evidence, or foundation
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laid in deposition testimony, otherwise possesses or knows the information;
(g) the Designating party’s own employees, officers and directors, solely
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as to the Designating party’s own “HIGHLY CONFIDENTIAL-ATTORNEYS’
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EYES ONLY” material;
(h) during their depositions, third-party witnesses and attorneys for third-
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party witnesses, in the Action to whom disclosure is reasonably necessary, provided:
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(1) no party or nonparty objects to the proposed disclosure to the third-party witness
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or attorney for the third-party witness; (2) the deposing party requests that the third-
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party witness sign the form attached as Exhibit 1; (3) prior to any disclosure, the
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deposing party consults with the Designating Party and counsel participating in the
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deposition in order to determine whether a party or nonparty objects to the
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disclosure; and (4) the third-party witness and his or her attorney may not keep any
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confidential information unless they sign the “Acknowledgment and Agreement to
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Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered
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by the court. Pages of transcribed deposition testimony or exhibits to depositions
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that reveal Protected Material may be separately bound by the court reporter and
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may not be disclosed to anyone except as permitted under this Stipulated Protective
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Order; and
(i) any mediator or settlement officer, and their supporting personnel,
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mutually agreed upon by the parties engaged in settlement discussions.
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8.
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OTHER LITIGATION
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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
If a Party is served with a subpoena or a court order issued in other litigation
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that compels disclosure of any information or items designated in this Action as
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall
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include a copy of the subpoena or court order;
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(b) promptly notify in writing the party who caused the subpoena or order to
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issue in the other litigation that some or all of the material covered by the subpoena
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or order is subject to this Protective Order. Such notification shall include a copy of
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this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued
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by the Designating Party whose Protected Material may be affected.
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If the Designating Party timely seeks a protective order, the Party served
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with the subpoena or court order shall not produce any information designated in this
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action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
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EYES ONLY” before a determination by the court from which the subpoena or order
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issued, unless the Party has obtained the Designating Party’s permission. The
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Designating Party shall bear the burden and expense of seeking protection in that court
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of its confidential material and nothing in these provisions should be construed as
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authorizing or encouraging a Receiving Party in this Action to disobey a lawful
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directive from another court.
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9.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
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PRODUCED IN THIS LITIGATION
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(a) The terms of this Order are applicable to information produced by a Non-
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Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by
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Non-Parties in connection with this litigation is protected by the remedies and relief
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provided by this Order. Nothing in these provisions should be construed as prohibiting
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a Non-Party from seeking additional protections.
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(b) In the event that a Party is required, by a valid discovery request, to
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produce a Non-Party’s confidential information in its possession, and the Party is
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subject to an agreement with the Non-Party not to produce the Non-Party’s
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confidential information, then the Party shall:
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(1) promptly notify in writing the Requesting Party and the Non-Party
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that some or all of the information requested is subject to a confidentiality agreement
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with a Non-Party;
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(2) promptly provide the Non-Party with a copy of the Stipulated
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Protective Order in this Action, the relevant discovery request(s), and a reasonably
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specific description of the information requested; and
(3) make the information requested available for inspection by the Non-
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Party, if requested.
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(c) If the Non-Party fails to seek a protective order from this court within 14
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days of receiving the notice and accompanying information, the Receiving Party may
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produce the Non-Party’s confidential information responsive to the discovery request.
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If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
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any information in its possession or control that is subject to the confidentiality
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agreement with the Non-Party before a determination by the court. Absent a court
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order to the contrary, the Non-Party shall bear the burden and expense of seeking
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protection in this court of its Protected Material.
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10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
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Protected Material to any person or in any circumstance not authorized under this
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Stipulated Protective Order, the Receiving Party must immediately (a) notify in
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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
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persons to whom unauthorized disclosures were made of all the terms of this Order,
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and (d) request such person or persons to execute the “Acknowledgment and
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Agreement to Be Bound” that is attached hereto as Exhibit A.
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11.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
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PROTECTED MATERIAL
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When a Producing Party gives notice to Receiving Parties that certain
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inadvertently produced material is subject to a claim of privilege or other protection,
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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
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may be established in an e-discovery order that provides for production without prior
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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
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parties reach an agreement on the effect of disclosure of a communication or
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information covered by the attorney-client privilege or work product protection, the
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parties may incorporate their agreement in the stipulated protective order submitted
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to the court.
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12.
MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
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12.2 Right to Assert Other Objections. By stipulating to the entry of this
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Protective Order no Party waives any right it otherwise would have to object to
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disclosing or producing any information or item on any ground not addressed in this
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Stipulated Protective Order. Similarly, no Party waives any right to object on any
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ground to use in evidence of any of the material covered by this Protective Order.
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12.3 Filing Protected Material. A Party that seeks to file under seal any
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Protected Material must comply with Civil Local Rule 79-5. Protected Material may
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only be filed under seal pursuant to a court order authorizing the sealing of the specific
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Protected Material at issue. If a Party's request to file Protected Material under seal is
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denied by the court, then the Receiving Party may file the information in the public
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record unless otherwise instructed by the court.
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13.
FINAL DISPOSITION
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After the final disposition of this Action, as defined in paragraph 4, within 60
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days of a written request by the Designating Party, each Receiving Party must return
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all Protected Material to the Producing Party or destroy such material. As used in this
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subdivision, “all Protected Material” includes all copies, abstracts, compilations,
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summaries, and any other format reproducing or capturing any of the Protected
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Material. Whether the Protected Material is returned or destroyed, the Receiving Party
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must submit a written certification to the Producing Party (and, if not the same person
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or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
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category, where appropriate) all the Protected Material that was returned or destroyed
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and (2)affirms that the Receiving Party has not retained any copies, abstracts,
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compilations, summaries or any other format reproducing or capturing any of the
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Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
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archival copy of all pleadings, motion papers, trial, deposition, and hearing
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transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
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reports, attorney work product, and consultant and expert work product, even if such
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materials contain Protected Material. Any such archival copies that contain or
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constitute Protected Material remain subject to this Protective Order as set forth in
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Section 4 (DURATION).
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14.
Any violation of this Order may be punished by any and all appropriate
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measures including, without limitation, contempt proceedings and/or monetary
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sanctions.
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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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DATED: November 16, 2021
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____________________________________
HON. PATRICIA DONAHUE
United States Magistrate Judge
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1
EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I,
_____________________________
[print
or
type full
name],
of
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____________________ [print or type full address], declare under penalty of perjury
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that I have read in its entirety and understand the Stipulated Protective Order that was
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issued by the United States District Court for the Central District of California on
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________________, 202_, in the case of POCKETBOOK INT’L SA v. DOMAIN
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ADMIN/SITETOOLS, INC., et al., No. 2:20-cv-8708 DMG (PDx). I agree to comply
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with and to be bound by all the terms of this Stipulated Protective Order and I
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understand and acknowledge that failure to so comply could expose me to sanctions
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and punishment in the nature of contempt. I solemnly promise that I will not disclose
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in any manner any information or item that is subject to this Stipulated Protective
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Order to any person or entity except in strict compliance with the provisions of this
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Order.
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I further agree to submit to the jurisdiction of the United States District Court
17
for the Central District of California for the purpose of enforcing the terms of this
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Stipulated Protective Order, even if such enforcement proceedings occur after
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termination of this action.
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I hereby appoint ________________________ [print or type full name] of
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__________________________________ [print or type full address and telephone
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number] as my California agent for service of process in connection with this action or
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any proceedings related to enforcement of this Stipulated Protective Order.
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Date: __________________________
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City and State where sworn and signed: _____________________________
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Printed name: ____________________________________
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Signature: ________________________________
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