Daniel Dimitroff v. Prevounce Health, Inc. et al

Filing 32

PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order 31 . (see document for details) (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 DANIEL DIMITROFF, an individual, 11 Plaintiff(s), 12 DISCOVERY MATTER v. STIPULATED PROTECTIVE ORDER 13 14 15 16 17 PREVOUNCE HEALTH, INC.; PREVOUNCE HEALTH, LLC; SOURCE INDUSTRIES, INC.; DANIEL TASHNEK; GARY TASHNEK; and DOES 1-20, inclusive Defendant(s). 18 19 Case No. 2:22-cv-03808-SB-KS I. PURPOSES AND LIMITATIONS 20 A. 21 proprietary, or private information for which special protection from public 22 disclosure and from use for any purpose other than prosecuting this litigation 23 may be warranted. Accordingly, the parties hereby stipulate to and petition the 24 Court to enter the following Stipulated Protective Order. The parties 1 Discovery in this action is likely to involve production of confidential, STIPULATED PROTECTIVE ORDER 1 acknowledge that this Order does not confer blanket protections on all 2 disclosures or responses to discovery and that the protection it affords from 3 public disclosure and use extends only to the limited information or items that 4 are entitled to confidential treatment under the applicable legal principles. The 5 parties further acknowledge, as set forth in Section XIII(C), below, that this 6 Stipulated Protective Order does not entitle them to file confidential information 7 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed 8 and the standards that will be applied when a party seeks permission from the 9 Court to file material under seal. 10 II. GOOD CAUSE STATEMENT 11 A. 12 and other valuable research, development, commercial, financial, technical 13 and/or proprietary information for which special protection from public 14 disclosure and from use for any purpose other than prosecution of this action is 15 warranted. Such confidential and proprietary materials and information consist 16 of, among other things, confidential business or financial information, 17 information regarding confidential business practices, or other confidential 18 research, development, or commercial information (including information 19 implicating privacy rights of third parties), information otherwise generally 20 unavailable to the public, or which may be privileged or otherwise protected 21 from disclosure under state or federal statutes, court rules, case decisions, or 22 common law. Accordingly, to expedite the flow of information, to facilitate the 23 prompt resolution of disputes over confidentiality of discovery materials, to 24 adequately protect information the parties are entitled to keep confidential, to This action is likely to involve trade secrets, customer and pricing lists 2 STIPULATED PROTECTIVE ORDER 1 ensure that the parties are permitted reasonable necessary uses of such material 2 in preparation for and in the conduct of trial, to address their handling at the 3 end of the litigation, and serve the ends of justice, a protective order for such 4 information is justified in this matter. It is the intent of the parties that 5 information will not be designated as confidential for tactical reasons and that 6 nothing be so designated without a good faith belief that it has been maintained 7 in a confidential, non-public manner, and there is good cause why it should not 8 be part of the public record of this case. 9 III. DEFINITIONS 10 A. 11 SB-KS 12 13 14 15 16 17 18 19 20 21 22 B. Action: This pending federal law suit, C.D. Cal. Case No. 2:22-cv-03808- Challenging Party: A Party or Non-Party that challenges the designation of information or items under this Order. C. “CONFIDENTIAL” Information or Items: Information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. D. Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). E. Designating Party: A Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 23 24 3 STIPULATED PROTECTIVE ORDER 1 F. Disclosure or Discovery Material: All items or information, regardless of 2 the medium or manner in which it is generated, stored, or maintained 3 (including, among other things, testimony, transcripts, and tangible things), that 4 are produced or generated in disclosures or responses to discovery in this 5 matter. 6 G. 7 pertinent to the litigation who has been retained by a Party or its counsel to 8 serve as an expert witness or as a consultant in this Action. 9 H. Expert: A person with specialized knowledge or experience in a matter House Counsel: Attorneys who are employees of a party to this Action. 10 House Counsel does not include Outside Counsel of Record or any other outside 11 counsel. 12 I. 13 other legal entity not named as a Party to this action. 14 J. 15 to this Action but are retained to represent or advise a party to this Action and 16 have appeared in this Action on behalf of that party or are affiliated with a law 17 firm which has appeared on behalf of that party, and includes support staff. 18 K. 19 employees, consultants, retained experts, and Outside Counsel of Record (and 20 their support staffs). 21 L. 22 Discovery Material in this Action. 23 M. 24 services (e.g., photocopying, videotaping, translating, preparing exhibits or Non-Party: Any natural person, partnership, corporation, association, or Outside Counsel of Record: Attorneys who are not employees of a party Party: Any party to this Action, including all of its officers, directors, Producing Party: A Party or Non-Party that produces Disclosure or Professional Vendors: Persons or entities that provide litigation support 4 STIPULATED PROTECTIVE ORDER 1 demonstrations, and organizing, storing, or retrieving data in any form or 2 medium) and their employees and subcontractors. 3 N. 4 designated as “CONFIDENTIAL.” 5 O. 6 from a Producing Party. 7 IV. Protected Material: Any Disclosure or Discovery Material that is Receiving Party: A Party that receives Disclosure or Discovery Material SCOPE 8 A. The protections conferred by this Stipulation and Order cover not only 9 Protected Material (as defined above), but also (1) any information copied or 10 extracted from Protected Material; (2) all copies, excerpts, summaries, or 11 compilations of Protected Material; and (3) any testimony, conversations, or 12 presentations by Parties or their Counsel that might reveal Protected Material. 13 B. 14 the trial judge. This Order does not govern the use of Protected Material at trial. 15 V. Any use of Protected Material at trial shall be governed by the orders of DURATION 16 A. Even after final disposition of this litigation, the confidentiality obligations 17 imposed by this Order shall remain in effect until a Designating Party agrees 18 otherwise in writing or a court order otherwise directs. Final disposition shall be 19 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 20 with or without prejudice; and (2) final judgment herein after the completion 21 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 22 Action, including the time limits for filing any motions or applications for 23 extension of time pursuant to applicable law. 24 5 STIPULATED PROTECTIVE ORDER 1 2 VI. DESIGNATING PROTECTED MATERIAL A. Exercise of Restraint and Care in Designating Material for Protection 3 1. 4 protection under this Order must take care to limit any such designation 5 to specific material that qualifies under the appropriate standards. The 6 Designating Party must designate for protection only those parts of 7 material, documents, items, or oral or written communications that 8 qualify so that other portions of the material, documents, items, or 9 communications for which protection is not warranted are not swept Each Party or Non-Party that designates information or items for 10 unjustifiably within the ambit of this Order. 11 2. 12 Designations that are shown to be clearly unjustified or that have been 13 made for an improper purpose (e.g., to unnecessarily encumber the case 14 development process or to impose unnecessary expenses and burdens on 15 other parties) may expose the Designating Party to sanctions. 16 3. 17 items that it designated for protection do not qualify for protection, that 18 Designating Party must promptly notify all other Parties that it is 19 withdrawing the inapplicable designation. 20 B. Mass, indiscriminate, or routinized designations are prohibited. If it comes to a Designating Party’s attention that information or Manner and Timing of Designations 21 1. 22 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 23 Discovery Material that qualifies for protection under this Order must be 24 clearly so designated before the material is disclosed or produced. Except as otherwise provided in this Order (see, e.g., Section 6 STIPULATED PROTECTIVE ORDER 1 2. Designation in conformity with this Order requires the following: 2 a. 3 electronic documents, but excluding transcripts of depositions or 4 other pretrial or trial proceedings), that the Producing Party affix 5 at a minimum, the legend “CONFIDENTIAL” (hereinafter 6 “CONFIDENTIAL legend”), to each page that contains protected 7 material. If only a portion or portions of the material on a page 8 qualifies for protection, the Producing Party also must clearly 9 identify the protected portion(s) (e.g., by making appropriate For information in documentary form (e.g., paper or 10 markings in the margins). 11 b. 12 available for inspection need not designate them for protection 13 until after the inspecting Party has indicated which documents it 14 would like copied and produced. During the inspection and before 15 the designation, all of the material made available for inspection 16 shall be deemed “CONFIDENTIAL.” After the inspecting Party has 17 identified the documents it wants copied and produced, the 18 Producing Party must determine which documents, or portions 19 thereof, qualify for protection under this Order. Then, before 20 producing the specified documents, the Producing Party must affix 21 the “CONFIDENTIAL legend” to each page that contains Protected 22 Material. If only a portion or portions of the material on a page 23 qualifies for protection, the Producing Party also must clearly A Party or Non-Party that makes original documents 24 7 STIPULATED PROTECTIVE ORDER 1 identify the protected portion(s) (e.g., by making appropriate 2 markings in the margins). 3 c. 4 Party identify the Disclosure or Discovery Material on the record, 5 before the close of the deposition all protected testimony. 6 d. 7 for any other tangible items, that the Producing Party affix in a 8 prominent place on the exterior of the container or containers in 9 which the information is stored the legend “CONFIDENTIAL.” If 10 only a portion or portions of the information warrants protection, 11 the Producing Party, to the extent practicable, shall identify the 12 protected portion(s). 13 C. For testimony given in depositions, that the Designating For information produced in form other than document and Inadvertent Failure to Designate 14 1. 15 information or items does not, standing alone, waive the Designating 16 Party’s right to secure protection under this Order for such material. 17 Upon timely correction of a designation, the Receiving Party must make 18 reasonable efforts to assure that the material is treated in accordance with 19 the provisions of this Order. 20 21 VII. If timely corrected, an inadvertent failure to designate qualified CHALLENGING CONFIDENTIALITY DESIGNATIONS A. Timing of Challenges 22 1. 23 confidentiality at any time that is consistent with the Court’s Scheduling 24 Order. Any party or Non-Party may challenge a designation of 8 STIPULATED PROTECTIVE ORDER 1 B. Meet and Confer 2 1. 3 under Local Rule 37.1 et seq. The Challenging Party shall initiate the dispute resolution process 4 C. 5 the Designating Party. Frivolous challenges, and those made for an improper 6 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 7 parties) may expose the Challenging Party to sanctions. Unless the Designating 8 Party has waived or withdrawn the confidentiality designation, all parties shall 9 continue to afford the material in question the level of protection to which it is The burden of persuasion in any such challenge proceeding shall be on 10 entitled under the Producing Party’s designation until the Court rules on the 11 challenge. 12 13 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL A. Basic Principles 14 1. 15 produced by another Party or by a Non-Party in connection with this 16 Action only for prosecuting, defending, or attempting to settle this Action. 17 Such Protected Material may be disclosed only to the categories of 18 persons and under the conditions described in this Order. When the 19 Action has been terminated, a Receiving Party must comply with the 20 provisions of Section XIV below. 21 2. 22 Party at a location and in a secure manner that ensures that access is 23 limited to the persons authorized under this Order. 24 B. A Receiving Party may use Protected Material that is disclosed or Protected Material must be stored and maintained by a Receiving Disclosure of “CONFIDENTIAL” Information or Items 9 STIPULATED PROTECTIVE ORDER 1 1. Unless otherwise ordered by the Court or permitted in writing by 2 the Designating Party, a Receiving Party may disclose any information or 3 item designated “CONFIDENTIAL” only to: 4 a. 5 Action, as well as employees of said Outside Counsel of Record to 6 whom it is reasonably necessary to disclose the information for this 7 Action; 8 b. 9 Counsel) of the Receiving Party to whom disclosure is reasonably The Receiving Party’s Outside Counsel of Record in this The officers, directors, and employees (including House 10 necessary for this Action; 11 c. 12 whom disclosure is reasonably necessary for this Action and who 13 have signed the “Acknowledgment and Agreement to Be Bound” 14 (Exhibit A); 15 d. The Court and its personnel; 16 e. Court reporters and their staff; 17 f. Professional jury or trial consultants, mock jurors, and 18 Professional Vendors to whom disclosure is reasonably necessary 19 or this Action and who have signed the “Acknowledgment and 20 Agreement to be Bound” attached as Exhibit A hereto; 21 g. 22 information or a custodian or other person who otherwise 23 possessed or knew the information; Experts (as defined in this Order) of the Receiving Party to The author or recipient of a document containing the 24 10 STIPULATED PROTECTIVE ORDER 1 h. During their depositions, witnesses, and attorneys for 2 witnesses, in the Action to whom disclosure is reasonably 3 necessary provided: (i) the deposing party requests that the 4 witness sign the “Acknowledgment and Agreement to Be Bound;” 5 and (ii) they will not be permitted to keep any confidential 6 information unless they sign the “Acknowledgment and Agreement 7 to Be Bound,” unless otherwise agreed by the Designating Party or 8 ordered by the Court. Pages of transcribed deposition testimony or 9 exhibits to depositions that reveal Protected Material may be 10 separately bound by the court reporter and may not be disclosed to 11 anyone except as permitted under this Stipulated Protective Order; 12 and 13 i. 14 personnel, mutually agreed upon by any of the parties engaged in 15 settlement discussions. 16 IX. Any mediator or settlement officer, and their supporting PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 17 IN OTHER LITIGATION 18 A. 19 litigation that compels disclosure of any information or items designated in this 20 Action as “CONFIDENTIAL,” that Party must: If a Party is served with a subpoena or a court order issued in other 21 1. 22 shall include a copy of the subpoena or court order; 23 2. 24 order to issue in the other litigation that some or all of the material Promptly notify in writing the Designating Party. Such notification Promptly notify in writing the party who caused the subpoena or 11 STIPULATED PROTECTIVE ORDER 1 covered by the subpoena or order is subject to this Protective Order. Such 2 notification shall include a copy of this Stipulated Protective Order; and 3 3. 4 pursued by the Designating Party whose Protected Material may be 5 affected. Cooperate with respect to all reasonable procedures sought to be 6 B. 7 with the subpoena or court order shall not produce any information designated 8 in this action as “CONFIDENTIAL” before a determination by the Court from 9 which the subpoena or order issued, unless the Party has obtained the If the Designating Party timely seeks a protective order, the Party served 10 Designating Party’s permission. The Designating Party shall bear the burden 11 and expense of seeking protection in that court of its confidential material and 12 nothing in these provisions should be construed as authorizing or encouraging a 13 Receiving Party in this Action to disobey a lawful directive from another court. 14 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 15 PRODUCED IN THIS LITIGATION 16 A. 17 Party in this Action and designated as “CONFIDENTIAL.” Such information 18 produced by Non-Parties in connection with this litigation is protected by the 19 remedies and relief provided by this Order. Nothing in these provisions should 20 be construed as prohibiting a Non-Party from seeking additional protections. 21 B. 22 produce a Non-Party’s confidential information in its possession, and the Party 23 is subject to an agreement with the Non-Party not to produce the Non-Party’s 24 confidential information, then the Party shall: The terms of this Order are applicable to information produced by a Non- In the event that a Party is required, by a valid discovery request, to 12 STIPULATED PROTECTIVE ORDER 1 1. 2 that some or all of the information requested is subject to a 3 confidentiality agreement with a Non-Party; 4 2. 5 Protective Order in this Action, the relevant discovery request(s), and a 6 reasonably specific description of the information requested; and 7 3. 8 Non-Party, if requested. 9 C. Promptly notify in writing the Requesting Party and the Non-Party Promptly provide the Non-Party with a copy of the Stipulated Make the information requested available for inspection by the If the Non-Party fails to seek a protective order from this court within 14 10 days of receiving the notice and accompanying information, the Receiving Party 11 may produce the Non-Party’s confidential information responsive to the 12 discovery request. If the Non-Party timely seeks a protective order, the 13 Receiving Party shall not produce any information in its possession or control 14 that is subject to the confidentiality agreement with the Non-Party before a 15 determination by the court. Absent a court order to the contrary, the Non-Party 16 shall bear the burden and expense of seeking protection in this court of its 17 Protected Material. 18 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 A. 20 disclosed Protected Material to any person or in any circumstance not 21 authorized under this Stipulated Protective Order, the Receiving Party must 22 immediately (1) notify in writing the Designating Party of the unauthorized 23 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the 24 Protected Material, (3) inform the person or persons to whom unauthorized If a Receiving Party learns that, by inadvertence or otherwise, it has 13 STIPULATED PROTECTIVE ORDER 1 disclosures were made of all the terms of this Order, and (4) request such person 2 or persons to execute the “Acknowledgment and Agreement to be Bound” that is 3 attached hereto as Exhibit A. 4 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 6 A. 7 inadvertently produced material is subject to a claim of privilege or other 8 protection, the obligations of the Receiving Parties are those set forth in Federal 9 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify When a Producing Party gives notice to Receiving Parties that certain 10 whatever procedure may be established in an e-discovery order that provides for 11 production without prior privilege review. Pursuant to Federal Rule of Evidence 12 502(d) and (e), insofar as the parties reach an agreement on the effect of 13 disclosure of a communication or information covered by the attorney-client 14 privilege or work product protection, the parties may incorporate their 15 agreement in the Stipulated Protective Order submitted to the Court. 16 17 XIII. MISCELLANEOUS A. Right to Further Relief 18 1. 19 modification by the Court in the future. 20 B. Nothing in this Order abridges the right of any person to seek its Right to Assert Other Objections 21 1. 22 any right it otherwise would have to object to disclosing or producing any 23 information or item on any ground not addressed in this Stipulated 24 Protective Order. Similarly, no Party waives any right to object on any By stipulating to the entry of this Protective Order, no Party waives 14 STIPULATED PROTECTIVE ORDER 1 ground to use in evidence of any of the material covered by this Protective 2 Order. 3 C. Filing Protected Material 4 1. 5 comply with Civil Local Rule 79-5. Protected Material may only be filed 6 under seal pursuant to a court order authorizing the sealing of the specific 7 Protected Material at issue. If a Party's request to file Protected Material 8 under seal is denied by the Court, then the Receiving Party may file the 9 information in the public record unless otherwise instructed by the Court. 10 A Party that seeks to file under seal any Protected Material must XIV. FINAL DISPOSITION 11 A. 12 sixty (60) days of a written request by the Designating Party, each Receiving 13 Party must return all Protected Material to the Producing Party or destroy such 14 material. As used in this subdivision, “all Protected Material” includes all copies, 15 abstracts, compilations, summaries, and any other format reproducing or 16 capturing any of the Protected Material. Whether the Protected Material is 17 returned or destroyed, the Receiving Party must submit a written certification to 18 the Producing Party (and, if not the same person or entity, to the Designating 19 Party) by the 60 day deadline that (1) identifies (by category, where appropriate) 20 all the Protected Material that was returned or destroyed and (2) affirms that the 21 Receiving Party has not retained any copies, abstracts, compilations, summaries 22 or any other format reproducing or capturing any of the Protected Material. 23 Notwithstanding this provision, Counsel are entitled to retain an archival copy of 24 all pleadings, motion papers, trial, deposition, and hearing transcripts, legal After the final disposition of this Action, as defined in Section V, within 15 STIPULATED PROTECTIVE ORDER 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, 3 [print or type full name], of [print or type full address], declare under penalty of perjury that I 4 have read in its entirety and understand the Stipulated Protective Order that was issue 5 6 7 8 9 by the United States District Court for the Central District of California on [DATE] in the case of Daniel Dimitroff v. Prevounce Health, Inc., et al, Case No . 2:22-cv-03808- SB-KS. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could 10 expose me to sanctions and punishment in the nature of contempt. I solemnly promise 11 that I will not disclose in any manner any information or item that is subject to this 12 Stipulated Protective Order to any person or entity except in strict compliance with the 13 provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court 14 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint 18 type full name] of 19 telephone number] as my California agent for service of process in connection with this 20 action or any proceedings related to enforcement of this Stipulated Protective Order. 21 Date: 22 City and State where sworn and signed: 23 Printed Name: 24 Signature: [print or [print or type full address and 17 STIPULATED PROTECTIVE ORDER

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