Williams International Co., LLC v. Ducommun Incorporated et al

Filing 62

STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY by Magistrate Judge A. Joel Richlin re Stipulation for Protective Order 61 . (See Order for details). (et)

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1 2 3 4 5 6 7 8 9 10 11 12 13 David E. Weiss (SBN 148147) dweiss@reedsmith.com Cristina M. Shea (SBN 179895) cshea@reedsmith.com Elizabeth S. Bowman (SBN 340894) ebowman@reedsmith.com REED SMITH LLP 101 2nd Street, Suite 1800 San Francisco, CA 94105 Telephone: 415 543 8700 Facsimile: 415 391 8269 E. Powell Miller (admitted pro hac vice) epm@millerlawpc.com Marc L. Newman (admitted pro hac vice) mln@millerlawpc.com Eric J. Minch (admitted pro hac vice) ejm@millerlawpc.com THE MILLER LAW FIRM, P.C. 950 W. University Dr., Suite 300 Rochester, Michigan 48307 Telephone: 248 841-2200 Facsimile: 248 652-2852 Attorneys for Plaintiff Williams International Co., L.L.C. 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 WILLIAMS INTERNATIONAL CO., L.L.C., Plaintiff, 18 19 20 vs. DUCOMMUN INCORPORATED; DUCOMMUN AEROSTRUCTURES, INC. and DUCOMMUN AEROSTRUCTURES MEXICO, LLC, 21 Case No.: 2:23-cv-9403-MRA-AJR Hon. Mónica Ramírez Almadani [PROPOSED] STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY Defendants. 22 And 23 DUCOMMUN INCORPORATED; DUCOMMUN AEROSTRUCTURES, 24 25 26 -1STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 INC. and DUCOMMUN AEROSTRUCTURES MEXICO, LLC, 2 Third-Party Plaintiffs, 3 vs. 4 TOM RICHARDS, INC. dba PROCESS TECHNOLOGY, HARRINGTON INDUSTRIAL PLASTICS, LLC, and INDEPENDENT THERMAL SOLUTIONS, INC., 5 6 Third-Party Defendants 7 And 8 9 ZURICH AMERICAN INSURANCE COMPANY, Proposed Intervening Complaint Plaintiff, 10 11 12 13 vs. DUCOMMUN INCORPORATED; DUCOMMUN AEROSTRUCTURES, INC. and DUCOMMUN AEROSTRUCTURES MEXICO, LLC, Proposed Intervening Complaint Defendants. 14 15 16 STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 17 18 19 20 21 I. PURPOSES AND LIMITATIONS A. Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may 22 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 23 24 25 26 enter the following Stipulated Protective Order. The parties acknowledge that this -2STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 Order does not confer blanket protections on all disclosures or responses to 2 discovery and that the protection it affords from public disclosure and use extends 3 only to the limited information or items that are entitled to confidential treatment 4 under the applicable legal principles. The parties further acknowledge, as set forth 5 6 in Section XIII(C), below, that this Stipulated Protective Order does not entitle them 7 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 8 procedures that must be followed and the standards that will be applied when a party 9 seeks permission from the Court to file material under seal. 10 II. GOOD CAUSE STATEMENT 11 A. This action is likely to involve trade secrets, customer and pricing lists 12 13 and other valuable research, development, commercial, financial, technical and/or 14 proprietary information for which special protection from public disclosure and 15 from use for any purpose other than prosecution of this action is warranted. Such 16 confidential and proprietary materials and information consist of, among other 17 things, confidential business or financial information, information regarding 18 confidential business practices, or other confidential research, development, or 19 20 commercial information (including information implicating privacy rights of third 21 parties), information otherwise generally unavailable to the public, or which may 22 be privileged or otherwise protected from disclosure under state or federal statutes, 23 court rules, case decisions, or common law. Accordingly, to expedite the flow of 24 25 26 -3STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 information, to facilitate the prompt resolution of disputes over confidentiality of 2 discovery materials, to adequately protect information the parties are entitled to 3 keep confidential, to ensure that the parties are permitted reasonable necessary uses 4 of such material in preparation for and in the conduct of trial, to address their 5 6 handling at the end of the litigation, and serve the ends of justice, a protective order 7 for such information is justified in this matter. It is the intent of the parties that 8 information will not be designated as confidential for tactical reasons and that 9 nothing be so designated without a good faith belief that it has been maintained in 10 a confidential, non-public manner, and there is good cause why it should not be part 11 of the public record of this case. 12 13 III. DEFINITIONS 14 A. Action: This pending federal lawsuit. 15 B. Challenging Party: 16 designation of information or items under this Order. 17 C. A Party or Non-Party that challenges the “CONFIDENTIAL” Information or Items: Information (regardless of 18 how it is generated, stored or maintained) or tangible things that qualify for 19 20 protection under Federal Rule of Civil Procedure 26(c), and as specified 21 above in the Good Cause Statement. 22 D. 23 their support staff). Counsel: Outside Counsel of Record and House Counsel (as well as 24 25 26 -4STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 E. 2 or items that it produces in disclosures or in responses to discovery as 3 Designating Party: A Party or Non-Party that designates information “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 4 EYES ONLY.” 5 6 F. Disclosure or Discovery Material: All items or information, regardless 7 of the medium or manner in which it is generated, stored, or maintained 8 (including, among other things, testimony, transcripts, and tangible things), 9 that are produced or generated in disclosures or responses to discovery in this 10 matter. 11 G. Expert: A person with specialized knowledge or experience in a matter 12 13 pertinent to the litigation who has been retained by a Party or its counsel to 14 serve as an expert witness and/or as a consultant in this Action. 15 H. 16 Information or Items: “CONFIDENTIAL” Information or Items (as defined 17 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” above) the disclosure of which to another Party or Non-Party would create a 18 substantial risk of harm to the Producing Party, including without limitation, 19 20 trade secrets, future business or marketing plans, sensitive financial 21 information or forecasts, information about any party’s suppliers or 22 customers, sales volumes, sales units, cost of goods, price structures, 23 discounts, business costs, profit margins, technical or engineering 24 25 26 -5STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 documents, and other information or items agreed upon by the parties or 2 permitted by future court order. 3 I. House Counsel: Attorneys who are employees/contractors of a party 4 to this Action. House Counsel does not include Outside Counsel of Record 5 6 or any other outside counsel. 7 J. 8 or other legal entity not named as a Party to this action. 9 K. 10 Non-Party: Any natural person, partnership, corporation, association, Outside Counsel of Record: Attorneys who are not employees of a party to this Action but are retained to represent or advise a party to this 11 Action and have appeared in this Action on behalf of that party or are 12 13 affiliated with a law firm which has appeared on behalf of that party, and 14 includes support staff. 15 L. 16 employees, consultants, retained experts, and Outside Counsel of Record 17 Party: Any party to this Action, including all of its officers, directors, (and their support staffs). 18 M. Producing Party: A Party or Non-Party that produces Disclosure or 19 20 Discovery Material in this Action. 21 N. Professional Vendors: Persons or entities that provide litigation 22 support services (e.g., photocopying, videotaping, translating, preparing 23 24 25 26 -6STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 exhibits or demonstrations, and organizing, storing, or retrieving data in any 2 form or medium) and their employees and subcontractors. 3 O. Protected Material: Any Disclosure or Discovery Material that is 4 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 5 ATTORNEYS’ EYES ONLY.” 6 7 P. 8 Material from a Producing Party. 9 IV. 10 Receiving Party: A Party that receives Disclosure or Discovery SCOPE A. The protections conferred by this Stipulation and Order cover not only 11 Protected Material (as defined above), but also (1) any information copied or 12 13 extracted from Protected Material; (2) all copies, excerpts, summaries, or 14 compilations of Protected Material; and (3) any testimony, conversations, or 15 presentations by Parties or their Counsel that might reveal Protected Material. 16 17 B. of Any use of Protected Material at trial shall be governed by the orders the trial judge. This Order does not govern the use of Protected Material at 18 trial. 19 20 21 V. DURATION A. Even after final disposition of this litigation, the confidentiality 22 obligations imposed by this Order shall remain in effect until a Designating Party 23 agrees otherwise in writing or a court order otherwise directs. Final disposition 24 25 26 -7STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 shall be deemed to be the later of (1) dismissal of all claims and defenses in this 2 Action, with or without prejudice; and (2) final judgment herein after the 3 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of 4 this Action, including the time limits for filing any motions or applications for 5 6 extension of time pursuant to applicable law. Nothing in this section or Order 7 prevents any party from petitioning the Court to allow it to disclose Protected 8 Material at trial to the public. 9 VI. 10 DESIGNATING PROTECTED MATERIAL A. Exercise of Restraint and Care in Designating Material for Protection 11 1. Each Party or Non-Party that designates information or items 12 13 for protection under this Order must take care to limit any such 14 designation to specific material that qualifies under the appropriate 15 standards. The Designating Party must designate for protection only 16 those parts of material, documents, items, or oral or written 17 communications that qualify so that other portions of the material, 18 documents, items, or communications for which protection is not 19 20 warranted are not swept unjustifiably within the ambit of this Order. 21 2. Mass, indiscriminate, or routinized designations are prohibited. 22 Designations that are shown to be clearly unjustified or that have been 23 made for an improper purpose (e.g., to unnecessarily encumber the 24 25 26 -8STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 case development process or to impose unnecessary expenses and 2 burdens on other parties) may expose the Designating Party to 3 sanctions. 4 3. If it comes to a Designating Party’s attention that information or 5 items that it designated for protection do not qualify for protection, that 6 7 Designating Party must promptly notify all other Parties that it is 8 withdrawing the inapplicable designation. 9 10 B. Manner and Timing of Designations 1. Except as otherwise provided in this Order (see, e.g., Section 11 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 12 13 Discovery Material that qualifies for protection under this Order must 14 be clearly so designated before the material is disclosed or produced. 15 2. 16 following: 17 Designation in conformity with this Order requires the a. For information in documentary form (e.g., paper or 18 electronic documents, but excluding transcripts of depositions 19 20 or other pretrial or trial proceedings), that the Producing Party 21 affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 22 “CONFIDENTIAL legend”) or “HIGHLY CONFIDENTIAL – 23 ATTORNEYS’ EYES ONLY” (hereinafter “HIGHLY 24 25 26 -9STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 CONFIDENTIAL legend”), to each page that contains protected 2 material. If only a portion or portions of the material on a page 3 qualifies for protection, the Producing Party also must clearly 4 identify the protected portion(s) (e.g., by making appropriate 5 6 markings in the margins). 7 b. 8 available for inspection need not designate them for protection 9 until after the inspecting Party has indicated which documents 10 A Party or Non-Party that makes original documents it would like copied and produced. During the inspection and 11 before the designation, all of the material made available for 12 13 inspection shall be deemed HIGHLY CONFIDENTIAL – 14 ATTORNEYS’ EYES ONLY.” After the inspecting Party has 15 identified the documents it wants copied and produced, the 16 Producing Party must determine which documents, or portions 17 thereof, qualify for protection under this Order. Then, before 18 producing the specified documents, the Producing Party must 19 20 affix the “CONFIDENTIAL legend” or “HIGHLY 21 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 24 25 26 -10STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 identify the protected portion(s) (e.g., by making appropriate 2 markings in the margins). 3 c. For a deposition transcript, the Producing Party shall 4 designate the transcript as “CONFIDENTIAL” or “HIGHLY 5 6 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by 7 requesting such treatment thereof either on the record at the time 8 of the deposition or by written notice to all counsel of record, 9 within 30 days, after service of the final deposition transcript. 10 Such written notice shall specifically identify by page and line 11 number all portions of the transcript that should be treated as 12 13 “CONFIDENTIAL” or “HIGHLYCONFIDENTIAL – 14 ATTORNEYS’ EYES ONLY” in accordance with this Order. 15 All counsel receiving such notice shall be responsible for 16 marking the copies of the designated transcript or portion 17 thereof in their possession or control as provided for in the 18 written notice. The parties shall not disseminate a deposition 19 20 transcript or the contents thereof beyond the persons designated 21 in Section VIII(C) below for a period of 30 days after 22 completion and service of the final transcript, except that 23 portions of the transcript may be filed under seal with the Court 24 25 26 -11STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 in connection with these proceedings. Documents or things used 2 as exhibits at a deposition that a party desires to be subject to 3 this Order shall be separately stamped or marked 4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 5 6 ATTORNEYS’ EYES ONLY.” The Designating Party will 7 have the right to exclude from attendance at a deposition, during 8 such time as the Protected Material is to be disclosed, any person 9 other than the deponent, counsel, the court reporter, the 10 videographer, designated experts, and any person(s) agreed 11 upon by counsel for the disclosing party. 12 13 d. For information produced in form other than document 14 and for any other tangible items, that the Producing Party affix 15 in a prominent place on the exterior of the container or 16 containers in which the information is stored the legend 17 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 18 ATTORNEYS’ EYES ONLY.” If only a portion or portions of 19 20 21 the information warrants protection, the Producing Party, to the extent practicable, shall identify the protected portion(s). 22 23 24 25 26 -12STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 C. 2 Inadvertent Failure to Designate 1. 3 If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating 4 Party’s right to secure protection under this Order for such material. 5 Upon timely correction of a designation, the Receiving Party must 6 7 make reasonable efforts to assure that the material is treated in 8 accordance with the provisions of this Order. 9 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 A. Timing of Challenges 11 1. Any party or Non-Party may challenge a designation of 12 confidentiality at any time that is consistent with the Court’s 13 Scheduling Order. 14 15 B. 16 Meet and Confer 1. 17 The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 18 C. Burden of Persuasion 19 20 1. The burden of persuasion in any such challenge proceeding shall 21 be on the Designating Party. Frivolous challenges, and those made for 22 an improper purpose (e.g., to harass or impose unnecessary expenses 23 and burdens on other parties) may expose the Challenging Party to 24 25 26 -13STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 sanctions. Unless the Designating Party has waived or withdrawn the 2 confidentiality designation, all parties shall continue to afford the 3 material in question the level of protection to which it is entitled under 4 the Producing Party’s designation until the Court rules on the 5 challenge. 6 7 8 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL A. 9 Basic Principles 1. 10 A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this 11 Action only for prosecuting, defending, or attempting to settle this 12 Action. 13 Such Protected Material may be disclosed only to the 14 categories of persons and under the conditions described in this Order. 15 When the Action has been terminated, a Receiving Party must comply 16 with the provisions of Section XIV below. 17 2. Protected Material must be stored and maintained by a 18 Receiving Party at a location and in a secure manner that ensures that 19 access is limited to the persons authorized under this Order. 20 21 B. Disclosure of “CONFIDENTIAL” Information or Items 22 23 24 25 26 -14STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 1. 2 by the Designating Party, a Receiving Party may disclose any 3 Unless otherwise ordered by the Court or permitted in writing information or item designated “CONFIDENTIAL” only to: 4 a. The Receiving Party’s Outside Counsel of Record in this 5 6 Action, as well as employees of said Outside Counsel of Record 7 to whom it is reasonably necessary to disclose the information 8 for this Action; 9 b. 10 The officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is 11 reasonably necessary for this Action; 12 13 c. Experts (as defined in this Order) of the Receiving Party 14 to whom disclosure is reasonably necessary for this Action and 15 who have signed the “Acknowledgment and Agreement to Be 16 Bound” (Exhibit A); 17 d. The Court and its personnel; e. Court reporters and their staff; f. Professional jury or trial consultants, mock jurors, and 18 19 20 21 Professional Vendors to whom disclosure is reasonably 22 necessary for this Action and who have signed the 23 24 25 26 -15STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 “Acknowledgment and Agreement to be Bound” attached as 2 Exhibit A hereto; 3 g. The author or recipient of a document containing the 4 information or a custodian or other person who otherwise 5 6 possessed or knew the information; 7 h. 8 witnesses, in the Action to whom disclosure is reasonably 9 necessary provided: (i) the deposing party requests that the 10 During their depositions, witnesses, and attorneys for witness sign the “Acknowledgment and Agreement to Be 11 Bound;” and (ii) they will not be permitted to keep any 12 13 confidential information unless they sign the Exhibit A 14 “Acknowledgment and Agreement to Be Bound,” unless 15 otherwise agreed by the Designating Party or ordered by the 16 Court. Pages of transcribed deposition testimony or exhibits to 17 depositions that reveal Protected Material may be separately 18 bound by the court reporter and may not be disclosed to anyone 19 20 except as permitted under this Stipulated Protective Order; and 21 i. Any mediator or settlement officer, and their supporting 22 personnel, mutually agreed upon by any of the parties engaged 23 in settlement discussions. 24 25 26 -16STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 C. 2 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items 3 1. Unless otherwise ordered by the Court or permitted in writing 4 by the Designating Party, a Receiving Party may disclose any 5 information or item designated “HIGHLY CONFIDENTIAL – 6 ATTORNEYS’ EYES ONLY” only to: 7 8 i. 9 ii. 10 House Counsel of the Receiving Party; The officers, directors, and employees (including House Counsel) of the Producing Party; 11 iii. Those individuals identified in Sections VIII(B)(1)(a), 12 (c-g), and (i) above. 13 14 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED 15 PRODUCED IN OTHER LITIGATION 16 A. 17 If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this 18 Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 19 20 EYES ONLY,” that Party must: 21 1. Promptly notify in writing the Designating Party. 22 notification shall include a copy of the subpoena or court order; 23 24 25 26 -17STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY Such 1 2. 2 or order to issue in the other litigation that some or all of the material 3 Promptly notify in writing the party who caused the subpoena covered by the subpoena or order is subject to this Protective Order. 4 Such notification shall include a copy of this Stipulated Protective 5 Order; and 6 7 3. 8 pursued by the Designating Party whose Protected Material may be 9 affected. 10 B. Cooperate with respect to all reasonable procedures sought to be If the Designating Party timely seeks a protective order, the Party 11 served with the subpoena or court order shall not produce any information 12 13 designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 14 ATTORNEYS’ EYES ONLY” before a determination by the Court from which the 15 subpoena or order issued, unless the Party has obtained the Designating Party’s 16 permission. The Designating Party shall bear the burden and expense of seeking 17 protection in that court of its confidential material and nothing in these provisions 18 should be construed as authorizing or encouraging a Receiving Party in this Action 19 20 to disobey a lawful directive from another court. 21 22 23 24 25 26 -18STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 2 3 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION A. The terms of this Order are applicable to information produced by a 4 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 5 6 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced 7 by Non-Parties in connection with this litigation is protected by the remedies and 8 relief provided by this Order. Nothing in these provisions should be construed as 9 prohibiting a Non-Party from seeking additional protections. 10 B. In the event that a Party is required, by a valid discovery request, to 11 produce a Non-Party’s confidential information in its possession, and the Party is 12 13 14 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 15 1. 16 Party that some or all of the information requested is subject to a 17 Promptly notify in writing the Requesting Party and the Non- confidentiality agreement with a Non-Party; 18 2. Promptly provide the Non-Party with a copy of the Stipulated 19 20 Protective Order in this Action, the relevant discovery request(s), and 21 a reasonably specific description of the information requested; and 22 3. 23 Non-Party, if requested. Make the information requested available for inspection by the 24 25 26 -19STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 2 3 C. If the Non-Party fails to seek a protective order from this court within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive to the discovery 4 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 5 6 not produce any information in its possession or control that is subject to the 7 confidentiality agreement with the Non-Party before a determination by the court. 8 Absent a court order to the contrary, the Non-Party shall bear the burden and 9 expense of seeking protection in this court of its Protected Material. 10 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 12 13 disclosed Protected Material to any person or in any circumstance not authorized 14 under this Stipulated Protective Order, the Receiving Party must immediately (1) 15 notify in writing the Designating Party of the unauthorized disclosures, (2) use its 16 best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform 17 the person or persons to whom unauthorized disclosures were made of all the terms 18 of this Order, and (4) request such person or persons to execute the 19 20 “Acknowledgment and Agreement to be Bound” that is attached as Exhibit A. 21 22 23 24 25 26 -20STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 2 3 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL A. The production of privileged or work-product protected documents, 4 whether inadvertent or otherwise, is not a waiver of the privilege or protection from 5 6 discovery in this case or in any other federal or state proceeding. This Order shall 7 be interpreted to provide the maximum protection allowed by Federal Rule of 8 Evidence 502. 9 10 Nothing contained herein is intended to or shall serve to limit a Party’s right to conduct a review of documents, ESI, or information (including metadata) for 11 relevance, responsiveness, and/or segregation of privileged and/or protected 12 13 information before production. 14 When a Producing Party gives notice to Receiving Parties that certain 15 inadvertently produced material is subject to a claim of privilege or other protection, 16 the obligations of the Receiving Parties are those set forth in Fed. R. Civ. P. 17 26(b)(5)(B). The Parties agree that if a Producing Party inadvertently produces or 18 provides discovery it believes is subject to an applicable privilege, the Producing 19 20 Party may give written notice to the Receiving Party that the material is subject to 21 a claim of privilege or work product immunity and ask for the material to be 22 destroyed or returned to the Producing Party. If a Producing Party or Non-Party 23 requests the return, pursuant to this paragraph, of any Disclosure or Discovery 24 25 26 -21STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 Material, the Receiving Party or Parties shall not use or disclose and shall 2 immediately return to the Producing Party all copies of such Disclosure or 3 Discovery Material or confirm that all copies have been destroyed. Return of the 4 Disclosure or Discovery Material by the Receiving Party shall not constitute an 5 6 admission or concession, or permit any inference, that the returned Disclosure or 7 Discovery Material is, in fact, properly subject to a claim of privilege or work 8 product immunity, nor shall it foreclose any Party from moving the Court for an 9 order that such Disclosure or Discovery Material has been improperly designated 10 for reasons other than a waiver caused by the inadvertent production. 11 The inadvertent or unintentional disclosure by a Party or Non-Party of 12 13 Disclosure or Discovery Material that it believes should have been designated as 14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 15 ONLY,” regardless of whether it was so designated at the time of disclosure, shall 16 not be deemed a waiver in whole or in part of the Party’s or Non-Party’s claim of 17 confidentiality, either as to the specific information disclosed or as to any other 18 information relating thereto or on the same or related subject matter, provided that 19 20 the Party or Non-Party notifies the Receiving Party as soon as reasonably 21 practicable after discovery of the inadvertent or unintentional failure to designate 22 but in no event more than 30 business days. If a Party or Non-Party inadvertently 23 or unintentionally produces or discloses Protected Material without designating it 24 25 26 -22STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 as such, the Party or Non-Party may give written notice to the Receiving Party or 2 Parties that the Disclosure or Discovery Material is designated “CONFIDENTIAL" 3 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” and should be 4 treated in accordance with the provisions of this Stipulated Protective Order. The 5 6 Receiving Party or Parties must treat such Dis-closure or Discovery Material as 7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES 8 ONLY,” from the date such notice is received. Disclosure of such Disclosure or 9 Discovery Material, prior to receipt of such notice, to persons not authorized to 10 receive Protected Material shall not be deemed a violation of this Stipulated 11 Protective Order; however, those persons to whom disclosure was made are to be 12 13 advised that the Protected Material disclosed is “CONFIDENTIAL” or “HIGHLY 14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” and must be treated in 15 accordance with this Stipulated Protective Order. 16 XIII. MISCELLANEOUS 17 A. Right to Further Relief 18 1. Nothing in this Order abridges the right of any person to seek its 19 modification by the Court in the future. 20 21 B. Right to Assert Other Objections 22 1. 23 waives any right it otherwise would have to object to disclosing or By stipulating to the entry of this Protective Order, no Party 24 25 26 -23STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 producing any information or item on any ground not addressed in this 2 Stipulated Protective Order. Similarly, no Party waives any right to 3 object on any ground to use in evidence of any of the material covered 4 by this Protective Order. 5 6 C. Filing Protected Material 7 1. 8 comply with Civil Local Rule 79-5. Protected Material may only be 9 filed under seal pursuant to a court order authorizing the sealing of the 10 A Party that seeks to file under seal any Protected Material must specific Protected Material at issue. If a Party's request to file 11 Protected Material under seal is denied by the Court, then the 12 Receiving Party may file the information in the public record unless 13 otherwise instructed by the Court. 14 15 16 17 XIV. FINAL DISPOSITION A. After the final disposition of this Action, as defined in Section V, within sixty (60) days of a written request by the Designating Party, each Receiving 18 Party must return all Protected Material to the Producing Party or destroy such 19 20 material. As used in this subdivision, “all Protected Material” includes all copies, 21 abstracts, compilations, summaries, and any other format reproducing or capturing 22 any of the Protected Material. Whether the Protected Material is returned or 23 destroyed, the Receiving Party must submit a written certification to the Producing 24 25 26 -24STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 2 deadline that (1) identifies (by category, where appropriate) all the Protected 3 Material that was returned or destroyed and (2) affirms that the Receiving Party has 4 not retained any copies, abstracts, compilations, summaries or any other format 5 6 reproducing or capturing any of the Protected Material. Notwithstanding this 7 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 8 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 9 deposition and trial exhibits, expert reports, attorney work product, and consultant 10 and expert work product, even if such materials contain Protected Material. Any 11 such archival copies that contain or constitute Protected Material remain subject to 12 13 this Protective Order as set forth in Section V. 14 15 XV. VIOLATION 16 17 A. Any violation of this Order may be punished by any and all appropriate measures including, without limitation, contempt proceedings and/or monetary 18 sanctions. 19 20 21 /// 22 23 24 25 26 -25STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 Dated: 5/7/24 Hon. Mónica Ramírez Almadani United States District Judge 4 Hon. A. Joel Richlin U.S. Magistrate Judge 5 6 7 8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: May 7, 2024 THE MILLER LAW FIRM, P.C. 9 10 11 12 By: /s/ Eric J. Minch E. Powell Miller (pro hac vice) Marc L. Newman (pro hac vice) Eric J. Minch (pro hac vice) Attorneys for Williams 13 14 15 16 17 REED SMITH LLP By: /s/ David E. Weiss (w/ permission) David E. Weiss (SBN 148147) Cristina M. Shea (SBN 179895) Elizabeth S. Bowman (SBN 340894) Attorneys for Williams 18 19 KLINEDINST PC 20 By: /s/ Rober G. Harrison (w/ permission) Robert G. Harrison (SBN 118765) Carey L. Cooper (SBN 195090) Neeru Jindal (SBN 235082) Attorneys for Ducommun 21 22 23 24 25 26 -26STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 2 3 4 LEWIS BRISBOIS BISGAARD & SMITH LLP By: /s/ Christopher Bakes (w/ permission) Christopher J. Bakes (SBN 99266) Attorneys for Independent Thermal 5 6 LEWIS BRISBOIS BISGAARD & SMITH LLP 7 8 9 10 By: /s/ Christopher McIntire (w/ permission) John S. Lowenthal (SBN 120628) Christopher A. McIntire (SBN 251199) Andrea D. Kershaw (SBN 337292) Attorneys for Process Technology 11 COZEN O’CONNOR 12 14 By: /s/ Natalie Keusseyan (w/ permission) Natalie Keusseyan (SBN 307844) Attorneys for Zurich 15 KENNEDYS CMK LLP 16 By: /s/ Pamela Schultz (w/ permission) Pamela Schultz (SBN 269032) Camille Zuber (SBN 349650) Attorneys for Harrington Industrial 13 17 18 19 20 21 22 23 24 25 26 -27STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, , whose address is 4 , declare under penalty of perjury that I have read in its 5 6 entirety and understand the Stipulated Protective Order that was issue by the United 7 States District Court for the Central District of California on 8 the case of Williams International Co, L.L.C. v Ducommun Incorporated, et al., 9 case no. 2:23-cv-9403-MRA-AJR. I agree to comply with and to be bound by all 10 in the terms of this Stipulated Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 13 contempt. I solemnly promise that I will not disclose in any manner any information 14 or item that is subject to this Stipulated Protective Order to any person or entity 15 except in strict compliance with the provisions of this Order. 16 17 I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing the terms of this 18 Stipulated Protective Order, even if such enforcement proceedings occur after 19 20 termination of this action 21 Date: 22 City and State where sworn and signed: 23 Printed Name: Signature: 24 25 26 -28STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY

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