Shewak Lajwanti Home Fashions, Inc. v. Maverick International, Ltd. et al

Filing 34

JOINT STIPULATED PROTECTIVE ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 33 . [See document for details] [NOTE: CHANGES MADE BY THE COURT] (et)

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1 STEVEN T. GUBNER (Bar No.156593) THEODORE G. SPANOS (Bar No.126354) 2 TALIN KESHISHIAN (Bar No. 201830) 3 BG LAW LLP 4 5 6 7 21650 Oxnard Street, Suite 500 Woodland Hills, CA 91367 Tel: (818) 827-9000 Fax: (818) 827-9099 Email: NOTE: CHANGES MADE BY THE COURT 8 Attorneys for Plaintiff and Counter-Defendant 9 SHEWAK LAJWANTI HOME FASHIONS, INC. 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 SHEWAK LAJWANTI HOME FASHIONS, INC., a California 15 corporation, Plaintiff, 16 Case No. 2:21-cv-004717-FLA (JPRx) JOINT STIPULATED PROTECTIVE ORDER REGARDING PRODUCTION OF CONFIDENTIAL INFORMATION 17 v. 18 MAVERICK INTERNATIONAL, LTD, a domestic Texas-based limited 19 partnership; and PRISTEX MEDICAL, LLC, a Delaware limited liability 20 company, 21 22 Defendants. _________________________________ MAVERICK INTERNATIONAL, LTD, 23 a Texas Domestic Limited Partnership, Counter-Complainant, 24 25 v. SHEWAK LAJWANTI HOME 26 FASHIONS, INC., a California 27 28 corporation, Counter-Defendant. 1 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) 1 To facilitate the production and receipt of information during discovery in the 2 above-captioned litigation, the parties agree and stipulate, through their respective 3 counsel, to the entry of the following Stipulated Protective Order regarding the 4 production of Confidential Information that may be produced or otherwise disclosed 5 during the course of this litigation by any party or non-party. 6 ORDER 7 IT IS HEREBY ORDERED that the parties shall obey the following rules 8 regarding the production of Confidential Information in the above-referenced matter: CONFIDENTIAL INFORMATION 9 10 1. The parties acknowledge that discovery in this action may require the 11 disclosure of documents and other materials that are trade secret, commercially 12 sensitive, proprietary, private or otherwise confidential in nature. Such confidential 13 material and proprietary materials and information may consist of, among other 14 things, confidential business or personal financial information, information regarding 15 confidential business practices, or other confidential, research development, or 16 commercial information (including information implicating privacy rights of third 17 parties), information otherwise generally unavailable to the public or which may be 18 privileged or otherwise protected from disclosure under state or federal statutes, court 19 rules, case decisions, or common law. To protect information the parties are entitled 20 to keep confidential, to ensure that the parties are permitted reasonably necessary uses 21 of such material in preparation for and in the conduct of trial, to address their handling 22 at the end of the litigation, and serve the ends of justice, a protective order for such 23 information is justified in this matter. It is the intent of the parties that information 24 will not be designated as confidential for tactical reasons and that nothing be 25 designated without a good faith belief that it has been maintained in a confidential, 26 non-public manner, and there is good cause why it should not be part of the public 27 record of this case. 28 2 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) 1 2. The parties hereby agree that any party or non-party subject to discovery 2 in this action may designate documents; deposition testimony, transcripts, and 3 exhibits; responses to interrogatories; responses to requests for admission; and other 4 written, recorded, or graphic information and materials produced by a party or non5 party in the course of this action as “Confidential” (hereafter referred to as 6 “Confidential Information”). 7 3. “Confidential Information” is information that has not been made public 8 and that refers to, describes, or consists of the disclosure of confidential, proprietary, 9 or otherwise non-public business, personal, technical, or financial information, 10 employee personnel and earnings information, information protected by third-party 11 privacy rights, or information which, if disclosed, will have the effect of causing harm 12 to the parties’ competitive position. Confidential Information includes not only the 13 information contained in documents and other materials designated as such pursuant 14 to this Stipulated Protective Order, but also to any summaries, copies, abstracts, 15 compilations, or other documents or material derived from Confidential Information. 16 The parties acknowledge that the only information to be designated as Confidential 17 Information is that which is properly subject to protection. The parties will not 18 designate as “Confidential” any discovery material without first making a good faith 19 determination that such protection is warranted. 20 4. Any Confidential Information shall be designated “Confidential” by the 21 parties by so identifying the material with the appropriate legend. Whenever counsel 22 for a party deems that any question or line of questioning calls for the disclosure of 23 information that should be treated as Confidential Information, or when Confidential 24 Information is used during or in connection with a deposition, counsel may: designate 25 on the record prior to such disclosure that such information is being designated as 26 “Confidential.” Only those portions of the transcript of the deposition designated 27 “Confidential” shall be so treated. 28 3 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) 1 5. Each party or non-party that designates information or items for 2 protection under this Stipulated Protective Order must take care to limit any such 3 designation to specific material that qualifies under the appropriate standards. The 4 designating party must designate for protection only those parts of material, 5 documents, items, or oral or written communications that qualify so that other 6 portions of the material, documents, items, or communications for which protection is 7 not warranted are not swept unjustifiably within the ambit of this Stipulated Protective 8 Order. Mass, indiscriminate, or routinized designations are prohibited. Designations 9 that are shown to be clearly unjustified or that have been made for an improper 10 purpose (e.g., to unnecessarily encumber the case development process or to impose 11 unnecessary expenses and burdens on other parties) may expose the designating party 12 to monetary or other sanctions. If it comes to a designating party’s attention that 13 information or items that it designated for protection do not qualify for protection, that 14 designating party must promptly notify all other parties that it is withdrawing the 15 inapplicable designation. AUTHORIZED USE AND DISCLOSURE 16 17 6. All Confidential Information produced, disclosed, or exchanged in the 18 course of this litigation shall be used by the parties solely for the purpose of this 19 litigation, and for no other purpose. 20 7. Any Confidential Information shall not be disclosed to any person 21 without the written consent of counsel for the designating party, except that disclosure 22 may be made to: 23 a. The parties’ counsel in this litigation and their employees, 24 secretaries, and paralegals, provided that each non-lawyer given access to Confidential 25 Information shall be advised that such Confidential Information is being disclosed 26 pursuant to, and is subject to, the terms of this Stipulated Protective Order and that the 27 Confidential Information may not be disclosed other than pursuant to the terms of this 28 Stipulated Protective Order; 4 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) b. 1 Outside consultants or experts retained to assist counsel in this 2 action and their agents or employees; 3 c. Mock jury participants; 4 d. Any deposition or non-trial hearing witness in this litigation who 5 previously had access to the Confidential Information, or who is currently or was 6 previously an officer, director, partner, member, employee, or agent of an entity that 7 had access to the Confidential Information, provided that each such witness given 8 access to Confidential Information shall be advised that such Confidential Information 9 is being disclosed pursuant to, and is subject to, the terms of this Stipulated Protective 10 Order and that the Confidential Information may not be disclosed other than pursuant 11 to the terms of this Stipulated Protective Order; e. 12 Any other person the party designating the Confidential 13 Information as confidential agrees to in writing; f. 14 Court reporters/certified shorthand reporters in this litigation, even 15 if not provided by the Court, whether at depositions, hearings, or any other 16 proceeding; or, g. 17 18 8. The Court, its personnel and its reporters. Any party that seeks to make disclosure of Confidential Information 19 permitted under this Stipulated Protective Order to a person listed in subparagraphs 20 7(a) - 7(f) above shall, prior to such disclosure, advise the recipient of such 21 information of the contents of this Stipulated Protective Order and require each such 22 person to whom such disclosure is made to execute an undertaking in the form 23 attached hereto as Exhibit A. All such undertakings shall be retained by counsel for 24 the party who discloses Confidential Information in this way. The Court, its personnel 25 and its reporters do not have to sign the undertaking attached as Exhibit A. 26 9. The parties shall meet and confer regarding the procedures for use of 27 Confidential Information at trial and shall move the Court for entry of an appropriate 28 order, which may be done orally at the final pretrial conference. The extent and 5 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) 1 manner in which any Confidential Information may be used at trial shall be decided by 2 the Court after all parties have had an opportunity to be heard. Nothing herein shall 3 be construed to affect in any manner the admissibility as evidence of any information 4 or document. PROCEDURES FOR FILING WITH THE COURT 5 10. 6 Any Confidential Information that is filed with or submitted to the Court 7 shall be accompanied by an application to file the papers or the portion thereof 8 containing Confidential Information (if such portion may be segregated from the 9 remainder of the document, transcript, pleading or other item containing Confidential 10 Information) under seal. If any Confidential Information is submitted to the Court 11 under seal, the party submitting the Confidential Information shall file a copy of the 12 pleading containing the Confidential Information in redacted form. Central District 13 Local Rule 79-5 sets forth the procedures that must be followed and reflects the 14 standards that will be applied when a party seeks permission from the Court to file 15 material under seal. 16 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 17 OTHER LITIGATION 18 11. Nothing in this Stipulated Protective Order shall be construed as 19 authorizing a party to disobey a lawful subpoena issued in another action. 20 12. If a party is served with a subpoena or a court order issued in other 21 litigation that compels disclosure of any information or items designated in this action 22 as “Confidential,” that party must: 23 a. promptly notify in writing the designating party, and such 24 notification shall include a copy of the subpoena or court order unless prohibited by 25 law; 26 b. promptly notify in writing the party who caused the subpoena or 27 order to issue in the other litigation that some or all of the material covered by the 28 subpoena or order is subject to this Protective Order, and such notification shall 6 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) 1 include a copy of this Stipulated Protective Order; and c. 2 cooperate with respect to all reasonable procedures sought to be 3 pursued by the designating party whose Confidential Information may be affected. 4 If the designating party timely seeks a protective order, the party served with the 5 subpoena or court order shall not produce any information designated in this action as 6 “CONFIDENTIAL” before a determination by the court from which the subpoena or 7 order issued, unless the party has obtained the designating party’s permission. The 8 designating party shall bear the burden and expense of seeking protection in that court 9 of its confidential material and nothing in these provisions should be construed as 10 authorizing or encouraging a receiving party in this action to disobey a lawful 11 directive from another court. MISCELLANEOUS PROVISIONS 12 13 13. Entering into, agreeing to, or producing or receiving Confidential 14 Information or otherwise complying with the terms of this Stipulated Protective Order 15 shall not: 16 a. prejudice in any way the rights of the parties to object to the 17 authenticity or admissibility into evidence of any Confidential Information; 18 b. prejudice in any way the rights of the parties (or any other person 19 subject to the terms of this Stipulated Protective Order) to seek a determination by the 20 Court of whether any particular Confidential Information should be subject to 21 protection as “Confidential” under the terms of this Stipulated Protective Order; 22 c. prejudice in any way the rights of the parties (or any other person 23 subject to the terms of this Stipulated Protective Order) to seek relief from the Court, 24 on appropriate notice to all other parties to this litigation, from any provision(s) of this 25 Stipulated Protective Order, either generally or as to any particular document, 26 material, or information; 27 d. prejudice in any way the rights of the parties to petition the Court 28 for a further protective order relating to any purportedly Confidential Information; 7 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) e. 1 prevent the parties to this Stipulated Protective Order from 2 agreeing in writing or on the record during a deposition or hearing in this action to 3 alter or waive the provisions or protections provided for herein with respect to any 4 particular information or material; f. 5 limit a party’s ability to grant non-parties access to its own 6 Confidential Information; g. 7 prejudice in any way the rights of the parties (or any other person 8 subject to the terms of this Stipulated Protective Order) to seek relief from the Court, 9 on appropriate notice to all other parties to this action, from any provision(s) of this 10 Stipulated Protective Order, either generally or as to any particular document, 11 material, or information; h. 12 prevent a party or third party from objecting to discovery which it 13 believes to be improper, including objections based upon the privileged, confidential, 14 or proprietary nature of the Confidential Information requested. 15 14. If material is appropriately designated as “CONFIDENTIAL” after the 16 material was initially produced, the parties must make reasonable efforts to assure that 17 the material is treated in accordance with the provisions of this Stipulated Protective 18 Order. No action taken in compliance with it shall operate as an admission by the 19 parties that any particular document or information is or is not confidential. 20 15. If either party objects to the claims that information should be deemed 21 Confidential, that party’s counsel shall inform opposing counsel in writing within 22 thirty (30) days of receipt of the Confidential Information or Confidential materials 23 that the information should not be so deemed, and the parties shall attempt first to 24 dispose of such disputes in good faith. If the parties are unable to resolve their dispute 25 informally, the producing party may present a motion to the Court, pursuant to Central 26 District Local Rules 37-1 through 37-4. The producing party shall have the burden on 27 any designation motion of establishing the applicability of its “CONFIDENTIAL” 28 designation. The information shall continue to have Confidential status until the 8 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) 1 Court issues a decision on the motion. 2 16. The entry of this Stipulated Protective Order shall not be construed as a 3 waiver of any right to object to the furnishing of information in response to discovery 4 or to object to a requested inspection of documents or things. 5 17. Any party may consent to have any documents or other materials it 6 previously designated as “CONFIDENTIAL” removed from the scope of this 7 Stipulated Protective Order by so notifying counsel for the other parties in writing or 8 by so stating on the record at any hearing or deposition. Nothing contained in this 9 Stipulated Protective Order shall prevent any party from disclosing its own 10 Confidential Information as it deems appropriate. 11 18. The receiving party will maintain the documents received and marked 12 confidential in its secure litigation files which are destroyed after five (5) years. Any 13 copies made during the litigation will be destroyed at the end of litigation. 14 19. The inadvertent production or disclosure of any privileged or otherwise 15 protected information by any party shall not constitute, or be considered as a factor 16 suggesting, a waiver or impairment of any claims of privilege or protection, including 17 but not limited to, the attorney-client privilege and the protection afforded to work 18 product materials. 19 20. If any privileged or otherwise protected information is inadvertently 20 produced, the producing party must provide written notice to any other parties that 21 such information, or discovery material containing such information, has been 22 inadvertently produced or disclosed. Within three (3) business days of the receipt of 23 such notice, each other party shall return to the producing party all such discovery 24 material and copies thereof identified in the notice in its possession, and shall make 25 reasonable efforts to reclaim and return any such discovery material and information. 26 The party that has inadvertently produced or disclosed such information shall, within 27 ten (10) business days after such material is returned to it, provide a privilege log 28 identifying the discovery material and the copies returned to the producing party such 9 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) 1 that the non-producing party is able to challenge the producing party’s claim that the 2 discovery materials are privileged or otherwise protected. 3 21. This Stipulated Protective Order may be modified by agreement of the 4 parties, subject to the approval of the Court. 5 22. Any person who signs the Agreement attached as Exhibit A shall also 6 obey the provisions of the Stipulated Protective Order. 7 23. Failure to comply with the Stipulated Protective Order may subject the 8 non-compliant individual to sanctions and punishment in the nature of contempt. 9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 Dated: November 16, 2022 11 STEVEN T. GUBNER THEODORE G. SPANOS BG LAW LLP 12 13 By: /s/ Steven T. Gubner Steven T. Gubner Theodore G. Spanos Talin Keshishian Attorneys for Plaintiff and CounterDefendant SHEWAK LAJWANTI HOME FASHIONS, INC. 14 15 16 17 18 19 20 Dated: November 16, 2022 21 ANDRE CRONTHALL SHEPPARD MULLIN 22 By: /s/ Andre Cronthall Andre Cronthall Attorneys for Defendant and CounterComplainant MAVERICK INTERNATIONAL LTD. 23 24 25 26 27 Dated: November 16, 2022 28 JOSH I. KEANE BLAU | KEANE LAW GROUP, P.C 10 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) 1 2 By: /s/ Josh I. Keane Josh I. Keane Attorneys for Defendant PRISTEX MEDICAL, LLC 3 4 5 6 7 8 9 10 Dated: November 18, 2022 By: JEAN P. ROSENBLUTH U.S. MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) 1 EXHIBIT A 2 CONSENT TO BE BOUND 3 I, 4 1. , declare: My address is 5 occupation is 6 2. . My present . I have received a copy of the ORDER GRANTING JOINT 7 STIPULATED PROTECTIVE ORDER OF CONFIDENTIAL INFORMATION 8 (“Stipulated Protective Order”) in this action entitled Shewak Lajwanti vs. Maverick 9 Int'l, et al, United States District Court Case No. 2:21-cv-04717-FLA (JPRx). 10 3. I certify that I understand that the Confidential Information is provided to 11 me subject to the terms and restrictions of the Stipulated Protective Order. 12 4. I will comply with all of the provisions of the Stipulated Protective 13 Order. I will hold in confidence and will not copy or use except for purposes of this 14 action any information designated as “Confidential” that I receive or view in this 15 action. I further understand that I am to retain in a secure manner all copies of all 16 Confidential Information provided to me and that all copies of such Confidential 17 Information are to remain in my personal custody until termination of my participation 18 in this action, whereupon I will return the copies of such Confidential Information to 19 the attorney who provided me with such Confidential Information. 20 21 22 23 24 25 26 27 28 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) 1 5. I further irrevocably consent to the jurisdiction of the United States 2 District Court, Central District of California, for the limited purposes of any 3 proceeding to enforce or to secure compliance with the terms of the Stipulated 4 Protective Order or to punish the breach of any terms of the Stipulated Protective 5 Order. 6 I declare under penalty of perjury under the laws of the State of California and 7 the United States that the foregoing is true and correct. 8 9 10 Executed this day of , Signature 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATED PROTECTIVE ORDER Case No. 2:21-cv-004717-FLA (JPRx) .

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