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)

Download PDF
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?