Skechers U.S.A., Inc. et al v. Dolce Vita Holdings, Inc. et al
Filing
56
PROTECTIVE ORDER by Magistrate Judge Stephanie S. Christensen re Stipulation for Protective Order 54 (tsn)
1
2
3
4
5
6
7
DANIEL M. PETROCELLI (SB #97802)
dpetrocelli@omm.com
JEFFREY A. BARKER (SB #166327)
jbarker@omm.com
O’MELVENY & MYERS LLP
1999 Avenue of the Stars, 8th Floor
Los Angeles, California 90067-6035
Telephone: (310) 553-6700
Facsimile: (310) 246-6779
Attorneys for Plaintiffs Skechers U.S.A.,
Inc. and Skechers U.S.A., Inc. II
8
9
10
11
12
MEGAN K. BANNIGAN
Pro Hac Vice
mkbannigan@debevoise.com
TIMOTHY J. CUFFMAN
Pro Hac Vice
tcuffman@debevoise.com
DEBEVOISE AND PLIMPTON LLP
66 Hudson Boulevard
New York, NY 10001
Telephone: (212) 909-6000
Facsimile: (212) 909-6836
RUSSELL M. SELMONT (SB
#252522)
Rselmont@ecjlaw.com
ERVIN COHEN & JESSUP LLP
9401 Wilshire Boulevard, 12th Floor
Beverly Hills, CA 90212
Telephone: (310) 273-6333
Fascimile: (310) 859-2325
Attorneys for Defendants Dolce Vita
Holdings, Inc. Dolce Vita Footwear,
Inc. and Steven Madden, Ltd.
13
14
UNITED STATES DISTRICT COURT
15
CENTRAL DISTRICT OF CALIFORNIA
16
WESTERN DIVISION
17
18
19
SKECHERS U.S.A., INC. and
SKECHERS U.S.A., INC. II,
20
Plaintiffs,
21
22
23
24
25
26
27
v.
DOLCE VITA HOLDINGS, INC.,
DOLCE VITA FOOTWEAR,
INC., and STEVEN MADDEN,
LTD.,
Case No. 2:24-cv-03671 CBM-SSCx
[PROPOSED] PROTECTIVE ORDER
[Assigned to District Judge Consuelo B.
Marshall and Magistrate Judge Stephanie S.
Christensen]
Defendants.
DOLCE VITA FOOTWEAR,
INC., and STEVEN MADDEN,
LTD.,
28
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671 CBM-SSC
1
2
3
CounterClaimants,
v.
4
SKECHERS U.S.A., INC. and
SKECHERS U.S.A., INC. II,
5
CounterDefendants.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
Pursuant to a Stipulation by all parties, the following Stipulated Protective
2
Order is hereby entered in this matter.
3
1.
GOOD CAUSE STATEMENT
4
Plaintiffs SKECHERS U.S.A., INC. and SKECHERS U.S.A., INC. II
5
(collectively, “Skechers”) and Defendants DOLCE VITA HOLDINGS, INC.,
6
DOLCE VITA FOOTWEAR, INC. and STEVEN MADDEN, LTD. (collectively,
7
“Dolce Vita”), believe this case will involve documents, materials, or information
8
that need special protection from public disclosure and from use for any purpose
9
other than prosecution of this action. This action also likely will involve
10
confidential and proprietary materials and information consisting of, among other
11
things, the Parties’ confidential business or financial information, information
12
regarding the Parties’ confidential business practices, or other commercial
13
information (including information implicating privacy rights of third parties) that
14
is generally unavailable to the public, or which may be privileged or otherwise
15
protected from disclosure under state or federal statutes, court rules, case decisions,
16
or common law. Finally, this action may involve inadvertent production of
17
information subject to the attorney-client privilege, attorney work product doctrine,
18
or other similar evidentiary privileges and protections.
19
Accordingly, to expedite the flow of information, to facilitate the prompt
20
resolution of disputes over confidentiality of discovery materials, to adequately
21
protect information the Parties are entitled to keep confidential, to ensure that the
22
Parties are permitted reasonable and necessary uses of such material in preparation
23
for and in the conduct of trial, to address their handling at the end of the Action, and
24
to serve the ends of justice, a protective order for such information is justified in
25
this matter. It is the intent of the Parties that information will not be designated as
26
confidential for tactical reasons and that nothing will be so designated without a
27
good faith belief that it has been maintained in a confidential, non-public manner,
28
and there is good cause why it should not be part of the public record of this case.
3
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
2.
PURPOSES AND LIMITATIONS
2
Disclosure and discovery activity in this Action are likely to involve
3
production of confidential, proprietary, or private information for which special
4
protection from public disclosure and from use for any purpose other than
5
prosecuting this Action may be warranted. Accordingly, the Parties hereby
6
stipulate to and petition the Court to enter the following Stipulated Protective
7
Order. The Parties acknowledge that this Stipulated Protective Order does not
8
confer blanket protections on all disclosures or responses to discovery and that the
9
protection it affords from certain disclosure and use extends only to the limited
10
information or items that are entitled to confidential treatment under the applicable
11
legal principles. The Parties further acknowledge, as set forth in Section 13.3
12
below, that this Stipulated Protective Order does not by itself entitle them to file
13
confidential information under seal; Local Rule 79-5, specifically Local Rule 79-
14
5.2.2, sets forth the procedures that must be followed and the standards that will be
15
applied when a Party seeks permission from the Court to file material under seal.
16
3.
17
18
19
20
21
DEFINITIONS
3.1
Action: the instant action, which is Central District of California case
no. 2:24-cv-03671 CBM-SSCx.
3.2
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Stipulated Protective Order.
3.3
“CONFIDENTIAL” Information or Items: information (regardless of
22
how it is generated, stored, or maintained) or tangible things that qualify for
23
protection under Federal Rule of Civil Procedure 26(c).
24
25
26
3.4
Counsel (without qualifier): Outside Counsel of Record and House
Counsel (as well as their support staff).
3.5
Designating Party: a Party or Non-Party that designates information or
27
items that it produces in disclosures or in responses to discovery as
28
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
4
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
ONLY.”
2
3.6
Disclosure or Discovery Material: all items or information, regardless
3
of the medium or manner in which it is generated, stored, or maintained (including,
4
among other things, testimony, transcripts, and tangible things), that are produced
5
or generated in disclosures or responses to discovery in this Action.
6
3.7
Expert: a person with specialized knowledge or experience in a matter
7
pertinent to the Action who is not a Party and has been retained by a Party or its
8
Counsel to serve as an expert witness or as a consultant in this Action. The Parties
9
also agree that an Expert shall not include current employees or contractors of any
10
of the following companies or their subsidiaries or affiliates: Nike, Inc. (including
11
Jordan and Converse), adidas AG, Puma SE, Brooks Brothers, New Balance
12
Athletics, Inc., On Holding AG, Deckers Brands (including Hoka, UGG and Teva),
13
ASICS Corporation, Anta Sports, Wolverine Worldwide (including Merrell and
14
Saucony), VF Corp. (including Vans and Timberland), Under Armour, Inc.,
15
Mizuno Corporation, Salomon SAS, Reebok International Limited, Crocs, Inc.,
16
Birkenstock Holding plc, and Fila.
17
3.8
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
18
Information or Items: extremely sensitive “Confidential Information or Items,”
19
disclosure of which to another Party or Non-Party would create a substantial risk of
20
serious harm to the personal, commercial, financial, strategic, or business interests
21
of the Producing Party or its employees, customers, or clients, including but not
22
limited to competitive disadvantage of such persons, that could not be avoided by
23
less restrictive means.
24
3.9
House Counsel: attorneys who are employees of a Party to this
25
Action. House Counsel does not include Outside Counsel of Record or any other
26
outside counsel.
27
28
3.10 Non-Party: any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this Action.
5
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
3.11 Outside Counsel of Record: attorneys who are not employees of a
2
Party to this Action but are retained to represent or advise a Party to this Action and
3
have appeared in this Action on behalf of that Party or are affiliated with a law firm
4
which has appeared on behalf of that Party, including support staff.
5
3.12 Party: any party to this Action, including its officers, directors,
6
employees, consultants, retained experts, and Outside Counsel of Record (and their
7
support staffs).
8
9
3.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
10
3.14 Professional Vendors: persons or entities that provide litigation
11
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
12
demonstrations, and organizing, storing, or retrieving data in any form or medium)
13
and their employees and subcontractors.
14
3.15 Protected Material: any Disclosure or Discovery Material that is
15
designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –
16
ATTORNEYS’ EYES ONLY.”
17
3.16 Receiving Party: a Party that receives Disclosure or Discovery
18
Material from a Producing Party.
19
4.
20
SCOPE
The protections conferred by this Stipulated Protective Order cover not only
21
Protected Material (as defined above), but also (1) any information copied or
22
extracted from Protected Material; (2) all copies, excerpts, summaries, or
23
compilations of Protected Material; and (3) any testimony, conversations, or
24
presentations by Parties or their Counsel that might reveal Protected Material.
25
However, the protections conferred by this Stipulated Protective Order do not cover
26
the following information: (a) any information that is in the public domain at the
27
time of disclosure to a Receiving Party or becomes part of the public domain after
28
its disclosure to a Receiving Party as a result of publication not involving a
6
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
violation of this Stipulated Protective Order, including becoming part of the public
2
record through trial or otherwise; and (b) any information known to the Receiving
3
Party prior to the disclosure or obtained by the Receiving Party after the disclosure
4
from a source who obtained the information lawfully and under no obligation of
5
confidentiality to the Designating Party.
6
Any use of Protected Material during a court hearing or at trial shall be
7
governed by the orders of the presiding judge. This Stipulated Protective Order
8
does not govern the use of Protected Material during a court hearing or at trial.
9
5.
10
DURATION
Even after final disposition of this Action, the confidentiality obligations
11
imposed by this Stipulated Protective Order shall remain in effect until a
12
Designating Party agrees otherwise in writing or a court order otherwise directs.
13
Final disposition shall be deemed to be the later of (1) dismissal of all claims and
14
defenses in this action, with or without prejudice; and (2) final judgment herein
15
after the completion and exhaustion of all appeals, rehearings, remands, trials, or
16
reviews of this action, including the time limits for filing any motions or
17
applications for extension of time pursuant to applicable law.
18
6.
19
DESIGNATING PROTECTED MATERIAL
6.1
Exercise of Restraint and Care in Designating Material for Protection.
20
Each Party or Non-Party that designates information or items for protection under
21
this Stipulated Protective Order must take care to limit any such designation to
22
specific material that qualifies under the appropriate standards. To the extent it is
23
practical to do so, the Designating Party must designate for protection only those
24
parts of material, documents, items, or oral or written communications that qualify
25
– so that other portions of the material, documents, items, or communications for
26
which protection is not warranted are not swept unjustifiably within the ambit of
27
this Stipulated Protective Order.
28
Mass, indiscriminate, or routinized designations are prohibited. Designations
7
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
that are shown to be clearly unjustified or that have been made for an improper
2
purpose (e.g., to unnecessarily encumber or retard the case development process or
3
to impose unnecessary expenses and burdens on other parties) may expose the
4
Designating Party to sanctions, at the discretion of the Court.
5
If it comes to a Designating Party’s attention that information or items that it
6
designated for protection do not qualify for protection at all or do not qualify for the
7
level of protection initially asserted, that Designating Party must promptly notify all
8
other parties that it is withdrawing the mistaken designation.
9
6.2
Manner and Timing of Designations. Except as otherwise provided in
10
this Stipulated Protective Order, or as otherwise stipulated or ordered, Disclosure or
11
Discovery Material that qualifies for protection under this Stipulated Protective
12
Order must be clearly so designated before the material is disclosed or produced.
13
Designation in conformity with this Stipulated Protective Order requires:
14
(a) For information in documentary form (e.g., paper or electronic
15
documents, but excluding transcripts of depositions or other pretrial or trial
16
proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or
17
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that
18
contains protected material. If only a portion or portions of the material on a page
19
qualifies for protection, the Producing Party also must clearly identify the protected
20
portion(s) (e.g., by making appropriate markings in the margins) and must specify,
21
for each portion, the level of protection being asserted.
22
A Party or Non-Party that makes original documents or materials available
23
for inspection need not designate them for protection until after the inspecting Party
24
has indicated which material it would like copied and produced. During the
25
inspection and before the designation, all of the material made available for
26
inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
27
ONLY.” After the inspecting Party has identified the documents it wants copied
28
and produced, the Producing Party must determine which documents, or portions
8
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
thereof, qualify for protection under this Stipulated Protective Order. Then, before
2
producing the specified documents, the Producing Party must affix the appropriate
3
legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
4
EYES ONLY”) to each page that contains Protected Material. If only a portion or
5
portions of the material on a page qualifies for protection, the Producing Party also
6
must clearly identify the protected portion(s) (e.g., by making appropriate markings
7
in the margins) and must specify, for each portion, the level of protection being
8
asserted.
9
(b) For testimony given in depositions, that the Designating Party identifies
10
as protected testimony on the record before the close of the deposition, or within
11
seven (7) days of receipt of the final transcript. Transcripts containing Protected
12
Material shall have an obvious legend on the title page that the transcript contains
13
Protected Material and the level of protection being asserted by the Designating
14
Party. Unless the Parties expressly agree otherwise as to a particular deposition
15
transcript, the Parties shall treat all deposition transcripts as having been designated
16
as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” until the
17
expiration of the seventh (7th) day after receipt of the final transcript, until which
18
time any Party may designate any portion of the transcript as “CONFIDENTIAL”
19
or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” and after which
20
time such deposition testimony will be treated in accordance with its confidentiality
21
designation, if any.
22
(c) For information produced in some form other than documentary and for
23
any other tangible items, that the Producing Party affix in a prominent place on the
24
exterior of the container or containers in which the information or item is stored the
25
legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
26
EYES ONLY.” If only a portion or portions of the information or item warrant
27
protection, the Producing Party, to the extent practicable, shall identify the
28
protected portion(s) and specify the level of protection being asserted.
9
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
6.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
2
failure to designate qualified information or items does not, standing alone, waive
3
the Designating Party’s right to secure protection under this Stipulated Protective
4
Order for such material. Upon timely correction of a designation, the Receiving
5
Party must make reasonable efforts to assure that the material is treated in
6
accordance with the provisions of this Stipulated Protective Order.
7
7.
8
CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1
Timing of Challenges. Any Party or Non-Party may challenge a
9
designation of confidentiality at any time. Unless a prompt challenge to a
10
Designating Party’s confidentiality designation is necessary to avoid foreseeable,
11
substantial unfairness, unnecessary economic burdens, or a significant disruption or
12
delay of the Action, a Party does not waive its right to challenge a confidentiality
13
designation by electing not to mount a challenge promptly after the original
14
designation is disclosed.
15
7.2
Meet and Confer. The Challenging Party shall initiate the dispute
16
resolution process in accordance with Local Rule 37-1, et seq. In conferring, the
17
Challenging Party must explain the basis for its belief that the confidentiality
18
designation was not proper and must give the Designating Party an opportunity to
19
review the designated material, to reconsider the circumstances, and, if no change
20
in designation is offered, to explain the basis for the chosen designation. A
21
Challenging Party may proceed to the next stage of the challenge process only if it
22
has engaged in this meet and confer process first or establishes that the Designating
23
Party is unwilling to participate in the meet and confer process.
24
7.3
Judicial Intervention. If the Parties cannot resolve a challenge without
25
court intervention, the Designating Party shall either: (1) initiate the process for
26
informal, telephonic discovery hearings pursuant to the procedure found on the
27
Court’s website, or (2) file before the Magistrate Judge a Joint Stipulation in
28
accordance with Local Rule 37-2 (and Local Rule 79–5, if applicable). The burden
10
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
of persuasion in any such challenge proceeding shall be on the Designating Party.
2
Frivolous challenges and those made for an improper purpose (e.g., to harass or
3
impose unnecessary expenses and burdens on other parties) may expose the
4
Challenging Party to sanctions, at the discretion of the Court. Unless the
5
Designating Party has waived the confidentiality designation by failing to file a
6
motion to retain confidentiality as described above, all parties shall continue to
7
afford the material in question the level of protection to which it is entitled under
8
the Producing Party’s designation until the Court rules on the challenge.
9
8.
10
ACCESS TO AND USE OF PROTECTED MATERIAL
8.1
Basic Principles. A Receiving Party may use Protected Material that is
11
disclosed or produced by another Party or by a Non-Party in connection with this
12
case only for prosecuting, defending, or attempting to settle this Action. Such
13
Protected Material may be disclosed only to the categories of persons and under the
14
conditions described in this Stipulated Protective Order. When the Action has been
15
terminated, a Receiving Party must comply with the provisions of Section 14 below
16
(FINAL DISPOSITION).
17
Protected Material must be stored and maintained by a Receiving Party at a
18
location and in a secure manner that ensures that access is limited to the persons
19
authorized under this Stipulated Protective Order.
20
8.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
21
otherwise ordered by the Court or permitted in writing by the Designating Party, a
22
Receiving Party may disclose any information or item designated
23
“CONFIDENTIAL” only to:
24
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
25
employees of said Outside Counsel of Record to whom it is reasonably necessary to
26
disclose the information for this Action;
27
28
(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;
11
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
(c) Experts (as defined in this Stipulated Protective Order) of the Receiving
2
Party to whom disclosure is reasonably necessary for this Action and who have
3
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4
(d) the Court and its personnel;
5
(e) private court reporters and their staff, professional jury or trial
6
consultants, and Professional Vendors to whom disclosure is reasonably necessary
7
for this Action and who have signed the “Acknowledgment and Agreement to Be
8
Bound” (Exhibit A);
9
(f) during their depositions, witnesses in the Action to whom disclosure is
10
reasonably necessary and who have signed the “Acknowledgment and Agreement
11
to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
12
ordered by the Court. Pages of transcribed deposition testimony or exhibits to
13
depositions that reveal Protected Material must be separately bound by the court
14
reporter and may not be disclosed to anyone except as permitted under this
15
Stipulated Protective Order;
16
17
18
(g) mock jurors who have signed the “Mock Juror Non-Disclosure and
Confidentiality Agreement” (Exhibit B);
(h) the author or recipient of a document containing the information or a
19
custodian or other person who otherwise possessed or knew the information; and
20
(i) any mediator or settlement officer, and their supporting personnel,
21
mutually agreed upon by any of the parties engaged in settlement discussions for
22
this Action.
23
8.3
Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
24
ONLY” Information or Items. Unless otherwise ordered by the Court or permitted
25
in writing by the Designating Party, a Receiving Party may disclose any
26
information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’
27
EYES ONLY” only to:
28
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well
12
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
as employees of said Outside Counsel of Record to whom it is reasonably necessary
2
to disclose the information for this Action;
3
(b) Experts of the Receiving Party (1) to whom disclosure is reasonably
4
necessary for this Action and (2) who have signed the “Acknowledgment and
5
Agreement to Be Bound” (Exhibit A);
6
(c) the Court and its personnel;
7
(d) private court reporters and their staff, professional jury or trial
8
consultants, and Professional Vendors to whom disclosure is reasonably necessary
9
for this Action and who have signed the “Acknowledgment and Agreement to Be
10
Bound” (Exhibit A); and
11
12
(e) mock jurors who have signed the “Mock Juror Non-Disclosure and
Confidentiality Agreement” (Exhibit B);
13
(f) the author or recipient of a document containing the information or a
14
custodian or other person who otherwise possessed or knew the information; and
15
(g) any mediator or settlement officer, and their supporting personnel,
16
mutually agreed upon by any of the parties engaged in settlement discussions for
17
this Action.
18
9.
19
20
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation
21
that compels disclosure of any information or items designated in this action as
22
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
23
ONLY” that Party must:
24
25
(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
26
(b) promptly notify in writing the party who caused the subpoena or order to
27
issue in the other litigation that some or all of the material covered by the subpoena
28
or order is subject to this Stipulated Protective Order. Such notification shall
13
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
include a copy of this Stipulated Protective Order; and
2
3
(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.
4
If the Designating Party timely seeks a protective order, the Party served with
5
the subpoena or court order shall not produce any information designated in this
6
action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
7
EYES ONLY” before a determination by the court from which the subpoena or
8
order issued, unless the Party has obtained the Designating Party’s permission. The
9
Designating Party shall bear the burden and expense of seeking protection in that
10
court of its Protected Material – and nothing in these provisions should be
11
construed as authorizing or encouraging a Receiving Party in this action to disobey
12
a lawful directive from another court.
13
10.
14
15
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS ACTION
(a) The terms of this Stipulated Protective Order are applicable to
16
information produced by a Non-Party in this Action and designated as
17
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
18
ONLY.” Such information produced by Non-Parties in connection with this Action
19
is protected by the remedies and relief provided by this Stipulated Protective Order.
20
Nothing in these provisions should be construed as prohibiting a Non-Party from
21
seeking additional protections.
22
(b) In the event that a Party is required, by a valid discovery request, to
23
produce a Non-Party’s confidential information in its possession, and the Party is
24
subject to an agreement with the Non-Party not to produce the Non-Party’s
25
confidential information, then the Party shall:
26
1.
promptly notify in writing the Requesting Party and the Non-
27
Party that some or all of the information requested is subject to a
28
confidentiality agreement with a Non-Party;
14
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
2.
promptly provide the Non-Party with a copy of the Stipulated
2
Protective Order in this Action, the relevant discovery request(s), and a
3
reasonably specific description of the information requested; and
4
3.
make the information requested available for inspection by the
5
Non-Party.
6
(c) If the Non-Party fails to object or seek a protective order from this Court
7
within 14 days of receiving the notice and accompanying information, the
8
Receiving Party may produce the Non-Party’s confidential information responsive
9
to the discovery request. If the Non-Party timely seeks a protective order, the
10
Receiving Party shall not produce any information in its possession or control that
11
is subject to the confidentiality agreement with the Non-Party before a
12
determination by the Court. Absent a court order to the contrary, the Non-Party
13
shall bear the burden and expense of seeking protection in this Court of its
14
Protected Material.
15
11.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
16
17
Protected Material to any person or in any circumstance not authorized under this
18
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
19
writing the Designating Party of the unauthorized disclosures, (b) use its best
20
efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
21
person or persons to whom unauthorized disclosures were made of all the terms of
22
this Stipulated Protective Order, and (d) request such person or persons to execute
23
the “Acknowledgment and Agreement to Be Bound” that is attached hereto as
24
Exhibit A.
25
12.
26
27
28
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISEPROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other
15
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
protection, the obligations of the Receiving Parties are those set forth in Federal
2
Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
3
whatever procedure may be established in an e-discovery order that provides for
4
production without prior privilege review. Pursuant to Federal Rule of Evidence
5
502(d) and (e), the production of a privileged or work-product-protected document,
6
by itself, is not a waiver of privilege or protection from discovery in this case or in
7
any other federal or state proceeding. For example, the mere production of privilege
8
or work-product-protected documents in this case as part of a mass production is
9
not itself a waiver in this case or any other federal or state proceeding. A Producing
10
Party may assert privilege or protection over produced documents at any time by
11
notifying the Receiving Party in writing of the assertion of privilege or protection.
12
13.
13
MISCELLANEOUS
13.1 Right to Further Relief. Nothing in this Stipulated Protective Order
14
abridges the right of any person to seek its modification by the Court in the future.
15
13.2 Right to Assert Other Objections. By stipulating to the entry of this
16
Stipulated Protective Order no Party waives any right it otherwise would have to
17
object to disclosing or producing any information or item on any ground not
18
addressed in this Stipulated Protective Order. Similarly, no Party waives any right
19
to object on any ground to use in evidence of any of the material covered by this
20
Stipulated Protective Order.
21
13.3 Filing Protected Material. Without written permission from the
22
Designating Party or a court order secured after appropriate notice to all interested
23
persons, a Party may not file in the public record in this action any Protected
24
Material. A Party that seeks to file under seal any Protected Material must comply
25
with Local Rule 79-5, specifically Local Rule 79-5.2.2. Protected Material may
26
only be filed under seal pursuant to a court order authorizing the sealing of the
27
specific Protected Material at issue. If a Receiving Party’s request to file Protected
28
Material under seal pursuant to Local Rule 79-5, specifically Local Rule 79-5.2.2,
16
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
is denied by the Court, then the Receiving Party may file the Protected Material in
2
the public record pursuant to Local Rule 79-5, specifically Local Rule 79-5.2.2,
3
unless otherwise instructed by the Court.
4
13.4 Privilege Logs. No Party is required to identify on its respective
5
privilege log any document or communication dated after May 2, 2024, the date
6
upon which the Action was commenced. The Parties shall exchange their respective
7
privilege logs at a time to be agreed upon by the Parties following the production of
8
documents, or as otherwise ordered by the Court.
9
14.
FINAL DISPOSITION
10
Within 60 days after the final disposition of this action, as defined in
11
paragraph 5, each Receiving Party must return all Protected Material to the
12
Producing Party or destroy such material. As used in this subdivision, “all
13
Protected Material” includes all copies, abstracts, compilations, summaries, and any
14
other format reproducing or capturing any of the Protected Material. Whether the
15
Protected Material is returned or destroyed, the Receiving Party must submit a
16
written certification to the Producing Party (and, if not the same person or entity, to
17
the Designating Party) by the 60-day deadline that (1) identifies (by category,
18
where appropriate) all the Protected Material that was returned or destroyed and (2)
19
affirms that the Receiving Party has not retained any copies, abstracts,
20
compilations, summaries or any other format reproducing or capturing any of the
21
Protected Material. Notwithstanding this provision, Counsel are entitled to retain
22
an archival copy of all pleadings, motion papers, trial, deposition, and hearing
23
transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
24
reports, attorney work product, and consultant and expert work product, even if
25
such materials contain Protected Material. Any such archival copies that contain or
26
constitute Protected Material remain subject to this Stipulated Protective Order as
27
set forth in Section 5 (DURATION).
28
17
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
2
3
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: January 24, 2025
4
O’MELVENY & MYERS LLP
/s/ Jeffrey A. Barker
Jeffrey A. Barker
1999 Avenue of the Stars, 8th Floor
Los Angeles, California 90067-6035
Telephone: (310) 553-6700
Facsimile: (310) 246-6779
E-mail: jbarker@omm.com
5
6
7
8
Attorneys for Skechers U.S.A., Inc. and
Skechers U.S.A., Inc. II
9
10
11
Dated: January 24, 2025
DEBEVOISE & PLIMPTON LLP
12
13
/s/ Timothy J. Cuffman
Timothy J. Cuffman
66 Hudson Boulevard
New York, NY 10001
Telephone: (212) 909-6000
Facsimile: (212) 909-6838
Email: tcuffman@debevoise.com
14
15
16
17
Attorneys for Defendants Dolce Vita
Holdings, Inc. Dolce Vita Footwear, Inc.
and Steven Madden, Ltd.
18
19
20
21
22
23
24
ATTESTATION
I hereby attest that the other signatory listed, on whose behalf this filing is
submitted, concurs in the filing’s content and has authorized the filing.
Dated: January 24, 2025
O’MELVENY & MYERS LLP
/s/ Jeffrey A. Barker
Jeffrey A. Barker
25
26
27
28
18
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
ORDER
2
3
PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO
4
ORDERED.
5
6
7
DATED: January 27, 2025 By:
_____________
Hon. Stephanie S. Christensen
United States Magistrate Judge
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
19
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, __________________________________ [print or type full name], of
4
_____________________________________________ [print or type name of
5
organization and full address], declare under penalty of perjury that I have read in
6
its entirety and understand the Stipulated Protective Order that was issued by the
7
United States District Court for the Central District of California on __________
8
[date] in the case of Skechers U.S.A., Inc., et al., v. Dolce Vita Holdings, Inc., et al.,
9
2:24-cv-03671-CBM-SSCx. I agree to comply with and to be bound by the terms
10
of this Stipulated Protective Order, and I understand and acknowledge that failure
11
to do so could expose me to sanctions and punishment in the nature of contempt. I
12
solemnly promise that I will not disclose in any manner any information or item
13
that is subject to this Stipulated Protective Order to any person or entity except in
14
strict compliance with the provisions of this Order.
15
I further agree to submit to the jurisdiction of the United States District Court
16
for the Central District of California for the purpose of enforcing the terms of this
17
Stipulated Protective Order, even if such enforcement proceedings occur after
18
termination of this action. I hereby appoint __________________________ [print
19
or type name] of _______________________________________________ [print
20
or type name of organization and full address] as my California agent for service of
21
process in connection with this action or any proceedings related to enforcement of
22
this Stipulated Protective Order.
23
Date: ______________________
24
25
26
City and State where sworn and signed: _________________________________
Printed name: __________________________________
27
28
Signature: _____________________________________
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671 CBM-SSC
1
EXHIBIT B
2
NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT
3
4
I, ______________________________________________ [print name],
5
understand and agree to serve as a mock juror for an action currently pending in the
6
United States District Court for the Central District of California. I understand and
7
agree that in connection with my service as a mock juror, highly confidential
8
information, including technical details and trade secrets, of the parties to the action
9
and the case will be disclosed to me. To protect the confidentiality of that
10
information of the parties involved, I hereby solemnly affirm and agree that during
11
and after my service as a mock juror, I will not use or disclose to anyone outside the
12
mock jury process the matters discussed and/or the information received, including
13
technical details and trade secrets, during this mock jury process.
14
15
Date: _________________________________
16
City and State where sworn and signed: _________________________________
17
18
Printed name: __________________________________
19
20
Signature: ____________________________________
21
22
23
24
25
26
27
28
21
[PROPOSED] PROTECTIVE ORDER
NO. 2:24-CV-03671-CBM-SSC
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?