Suong N Dang v. SMG et al

Filing 14

PROTECTIVE ORDER by Magistrate Judge Sheri Pym Re Stipulation for Protective Order 13 : (see document image for further details). IT IS SO ORDERED. (ad)

1
2
3
4
5
6
7
8
9
10
11
12
13

Kyle J. Scott, Bar No. 155434
LAW OFFICES OF KYLE J. SCOTT, PLC
4590 MacArthur Boulevard, Suite 220
Newport Beach, California 92660
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff and
Cross-Defendant SUONG N. DANG
Sergio Bent, Bar No. 180662
Jesse M. Caryl, Bar No. 208687
Steven M. Kroll, Bar No. 216196
BENT CARYL & KROLL, LLP
6300 Wilshire Boulevard, Suite 1415
Los Angeles, California 90048
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant and
Cross-Complainant SMG

14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

16
17

SUONG N. DANG,

18
19
20
21
22

Plaintiff,
v.
SMG, ONTARIO CONVENTION
CENTER, CITY OF ONTARIO,
DOES 1 to 20,

CASE NO. EDCV 13-01744-FMO(SPx)
JOINT STIPULATION FOR
PROTECTIVE ORDER AND
ORDER
[NOTE CHANGES MADE BY COURT
IN PARAGRAPHS 3.1.d and 3.2.a]

Defendants.

23
24

AND RELATED CROSS-ACTION.

25
26
27
28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

JOINT STIPULATION AND [PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Pursuant to Fed. R. Civ. P. 26(c) and subject to the approval of the Court, the
parties herein stipulate and agree, through their respective counsel, to the entry of a
protective order governing the disclosure and handling of various commercial,
personal, or other confidential information, and documents containing any such
information, as follows:
IT IS HEREBY STIPULATED THAT:
1.

INITIAL DESIGNATION.

1.1

Confidential Information. In connection with discovery in this

action, the parties may designate materials, including electronic files, documents,
things, testimony, as “CONFIDENTIAL” under the terms of this Protective Order
(“Order”). Confidential information is information that has not been made public
and which concerns or relates to the identification of clients, operations, finance,
accounting, sales, purchases, income, profits, losses, expenditures, policies,
procedures, and practices of defendant and cross-complainant SMG or any related
entity, the personal employment, financial, and medical information of plaintiff and
cross-defendant Suong N. Dang and any other individual, and, to the extent not
already encompassed in the preceding definition, trade secrets as defined in
California Civil Code § 3426.1. By designating a document, thing, material,
testimony or other information derived therefrom as “CONFIDENTIAL” under the
terms of this Order, the party making the designation is certifying to the court that
there is a good faith basis both in law and in fact for the designation within the
meaning of Federal Rules of Civil Procedure 26(g). Material designated as
“CONFIDENTIAL” under the Order, the information contained therein, and any
documents derived in whole or in part from material designated as
“CONFIDENTIAL” shall only be used for the prosecution, defense or settlement of
this action, and for no other purpose.

27
28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

-2JOINT STIPULATION AND [PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

1.2

Produced Documents. A party producing documents that it believes

constitute or contain CONFIDENTIAL information shall produce copies bearing a
label designating such material “CONFIDENTIAL.” As used herein, the term
“documents” includes all writings or other media on which information is recorded
and other tangible things subject to production under the Federal Rules of Civil
Procedure.
1.3

Interrogatory Answers. If a party answering an interrogatory believes

in good faith under the criteria set forth in Paragraph 1.1 above that its answer
contains CONFIDENTIAL information, it shall set forth its answer in a separate
document that is produced and designated as CONFIDENTIAL in the same manner
as a produced document under subparagraph 1.2. The answers to interrogatories
should make reference to the separately produced document containing the answer,
but such document should not be attached to the interrogatories.
1.4

Inspections of Documents. In the event a party elects to produce files

and records for inspection and the requesting party elects to inspect them, no
designation of CONFIDENTIAL information need be made in advance of the
inspection. For purposes of such inspection, all materials produced shall be
considered as CONFIDENTIAL information. If the inspecting party selects
specified documents to be copied, the producing party shall designate
CONFIDENTIAL information in accordance with subparagraph 1.2 at the time the
copies are produced.
1.5

Deposition Transcripts. Portions of testimony taken at a deposition or

conference and any corresponding exhibits may be designated as CONFIDENTIAL
by making a statement to that effect on the record at the deposition or other
proceeding. Arrangements shall be made with the court reporter transcribing such
proceeding to separately bind such portions of the transcript containing information
designated as CONFIDENTIAL and label such portions appropriately.

28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

-3JOINT STIPULATION AND [PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

1.6

Multi-page Documents. A party may designate all pages of an

integrated, multi-page document, including a deposition transcript, interrogatory
answers and responses to document requests, as CONFIDENTIAL by placing the
label specified in subparagraph 1.1 on the first page of the document. If a party
wishes to designate only certain portions of an integrated, multi-page document as
CONFIDENTIAL, it should designate such portions immediately below the label
on the first page of the document and place the label specified in subparagraph 1.1
on each page of the document containing CONFIDENTIAL information.
1.7

List. Within fourteen days after producing or designating

CONFIDENTIAL information, the producing or designating party shall provide a
log identifying all such designated material. The log shall identify the documents or
other material either by Bates stamp number(s) or by a description sufficiently
detailed to make the document or material the basis for the claimed
CONFIDENTIAL designation. The log shall state with specificity all the asserted
basis which support the need to identify designated materials as CONFIDENTIAL.
1.8

Later Designations. A party may also designate information disclosed

at a deposition as CONFIDENTIAL by notifying all parties in writing, within thirty
(30) days of receipt of the transcript, of the specific pages and lines designated as
such. Each party shall attach a copy of such written statement to the face of each
transcript in its possession, custody or control. For seven (7) days after receipt of
the transcript, depositions shall be treated as CONFIDENTIAL, but after that period
any portions not designated as CONFIDENTIAL may be disclosed.
1.9

Disputing a Designation. If at any time during this litigation a party

disputes the designation of CONFIDENTIAL, the objecting party will notify the
designating party in writing of such dispute. The notice will identify the material in
dispute and explain the basis for the objection. The designating party will have ten
(10) days to provide a written response to the notice, explaining its reason for

28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

-4JOINT STIPULATION AND [PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

designating the material at issue as CONFIDENTIAL. Should the objecting party
dispute such reasons, it will so notify the designating party, and the objecting party
will have twenty (20) days from the date of such notice to seek appropriate relief
from the Court and any motion challenging a confidential designation. Throughout
the dispute resolution procedure in this paragraph, the designating party will have
the burden of demonstrating that the material at issue is properly designated as
confidential. In the event of a dispute over the confidentiality of particular material,
the parties will continue to treat the disputed discovery material as confidential until
the dispute is resolved.
2.

DESIGNATIONS BY ANOTHER PARTY. For seven (7) days after

receipt of documents from a third party, the documents shall be treated as
CONFIDENTIAL, but after that period any portions not designated as
CONFIDENTIAL may be disclosed. If a third party produces documents that any
party reasonably believes should be protected under this Order, within seven (7)
days of the production said party to this action shall advise all counsel of its
designation of such documents as CONFIDENTIAL and shall affix the
corresponding stamp on such documents. The third party shall be served with a
copy of this Order with the Subpoena and such third party itself may designate
documents or testimony as “CONFIDENTIAL” as provided herein. All parties shall
cooperate to effectuate affixing the necessary stamp.
3.

HANDLING PRIOR TO TRIAL.

3.1

Authorized Disclosures. Discovery Material designated as

“CONFIDENTIAL” or information derived therefrom may be disclosed, shown, or
made available, or communicated in any way only to the following persons:
a.

The parties and employees of the parties, but only to the extent

necessary to participate in, assist in and monitor the progress of this action and for
no other purpose;

28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

-5JOINT STIPULATION AND [PROPOSED] ORDER

1
2

b.

necessary stenographic, videographic, and clerical personnel thereof;

3
4
5
6

c.

Order are complied with prior to any disclosure of any Designated Material to such
an expert or consultant;
d.

11
12
13
14
15

e.

18
19
20
21
22

clerical, and paralegal capacities, and who are providing assistance to counsel in
this action, and/or claims representatives and/or claims adjustors, upon the
condition that such Designated Documents not be used in policy issuance
determinations and be immediately destroyed by the insurance carriers upon
completion of the instant litigation;
f.

25
26
27

Third-parties specifically retained to assist outside counsel in copying,

imaging, and/or coding of documents but for that purpose only, provided that all
such confidential documents are kept and maintained in a separate and secure place
and that the third party retained to copy, image, or code confidential documents is
not currently performing any services, either as an employee, consultant, or
otherwise for any competitor of either party to this action or for one having any
interest adverse to either party to this action;

23
24

Attorneys for the parties to this litigation and/or the insurance carriers

for the parties to the litigation, including persons working solely in secretarial,

16
17

The Court and the Court’s staff pursuant to Paragraph 3.4 of this

Order;

9
10

Consultants or experts and their staff who are employed for the

purposes of this litigation, provided that the provisions of Paragraph 3.3 of this

7
8

Qualified persons taking testimony involving Designated Material, and

g.

The author, addressees and recipients of the documents or any person

who would have had access to such information by virtue of his/her employment;
and,
h.

Any other person as to whom the parties previously agree in writing.

Such disclosures are authorized only to the extent necessary to prosecute or defend

28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

-6JOINT STIPULATION AND [PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

this litigation.
3.2

Procedure. Except for persons described in Paragraph 3.1.a, 3.1.b,

3.1.d, or 3.1.e of this Order, all persons to whom Designated Material is disclosed
or by whom Designated Material is used, including parties, non-parties, and their
representatives, shall be informed of and agree to be bound by the terms of this
Order and shall take all necessary precautions to prevent any disclosure or use of
Designated Material other than as authorized by this Order.
a.

Prior to disclosing Designated Material to any person, other than

persons described in Paragraph 3.1.a, 3.1.b, 3.1.d, or 3.1.e of this Order, the
disclosing party shall obtain from such person a “Written Assurance”
acknowledgement (Attachment “A”), that such person has reviewed a copy of this
Order and any subsequent Protective Order issued by the Court, will comply with
their terms in all respects, and will submit to the jurisdiction of this Court for
adjudication of any dispute about whether such person has complied with the terms
of this Order and any subsequent Protective Order issued by the Court. In addition,
prior to dissemination by a receiving party, or its counsel of record, of any
Designated Material to any person, other than persons described in Paragraph 3.1.a,
3.1.b, 3.1.d, or 3.1.e of this Order, the disseminating party shall obtain and maintain
a copy of this acknowledgement evidencing that such person has executed the
undertaking.
b.

Individuals who are authorized to review Designated Material pursuant

to this Order shall hold the Designated Material and its contents in confidence and
shall not divulge the Designated Material or its contents, either verbally or in
writing, except as expressly permitted by this Order, unless authorized to do so by a
further Order of this Court or as specifically required by law.
3.3

Unauthorized Disclosures. In the event of disclosure of material

designated as CONFIDENTIAL, other than as authorized in this Order, counsel for

28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

-7JOINT STIPULATION AND [PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

the party responsible for the disclosure shall notify all parties of all pertinent facts,
and shall make every effort to prevent further disclosure, including retrieving
disclosed materials and copies of such materials and having unauthorized persons to
whom disclosure was made sign a “Written Assurance” acknowledgement
(Attachment “A”). Upon written stipulation, in accordance with Local Rule 37, the
Court may order such further and additional relief as it deems necessary and just.
3.4

Court Filings. The parties acknowledge the procedures for filing

under seal outlined by Local Rule 79-5.1. If Confidential Material, including any
portion of a deposition transcript designated as CONFIDENTIAL is included in any
of the papers to be filed with the Court, the Confidential Material or any portions of
the pleadings which contain Confidential Material shall be labeled “Confidential –
Subject to Court Order,” shall be lodged under seal, and shall be accompanied by a
written application and proposed order to file the Confidential Material under seal
to the judge to whom the papers are directed, until further order of the Court. Each
submission to be lodged under seal is to be filed on a document by document basis,
allowing the Court the opportunity to determine whether the standard for filing
material under seal has been satisfied. The proposed order shall address both the
sealing of the application and the order itself. The original and judge’s copy of the
document shall be sealed in separate envelopes with a copy of the title page
attached to the front of each envelope, with the authority for the under-seal filings,
if authorized by statute or rule, appearing on the title page of the proposed filing
Applications and Orders to Seal, along with the material to be placed under seal,
shall not be electronically filed but shall be filed manually in the manner prescribed
by Local Rule 79-5. A Notice of Manual Filing shall be electronically filed
identifying materials being manually filed. The parties agree that exhibits provided
to any jury empanelled in this proceeding shall be provided without the
“CONFIDENTIAL” stamp.

28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

-8JOINT STIPULATION AND [PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

4.

HANDLING DURING TRIAL. CONFIDENTIAL information

which is subject to this order may be marked and used as trial exhibits by either
party, subject to terms and conditions as imposed by the trial court upon application
by the designating party.
5.

HANDLING AFTER TRIAL. This Order shall survive the final

termination of this action and shall protect all retained materials that have remained
confidential through final termination of the case. Upon final termination of this
case, counsel for the parties may each retain one copy of the pleadings, transcripts
of any hearings or trials, transcripts of depositions, and exhibits from any hearings,
trials or depositions. Counsel shall destroy or assemble and return to each other
materials designated as confidential and all copies or summaries thereof.
6.

RESTRICTIONS. Nothing herein shall impose any restriction on the

use or disclosure by a party of material: (1) obtained lawfully by a party hereto
other than through discovery in this action, from a person who, to the best of such
party’s knowledge, was not at the time such materials were obtained by such party
under a duty (contractual or otherwise) to maintain such materials in confidence;
(2) that is public knowledge or became public knowledge after disclosure under this
Order (other than through an act or omission or a person receiving material under
this Order).
7.

OTHER REQUESTS. The Order shall be without prejudice to the

right of any party: (i) to request re-designation of material as Confidential or
otherwise; (ii) upon written stipulation, in accordance with Local Rule 37, to
request the Court’s ruling on whether a document or information is Confidential or
whether its use should be restricted; (iii) to present a motion to the Court under
FRCP 26(c) for a separate protective order as to any document or information,
including restrictions differing from those specified herein. The Order shall not be
deemed to prejudice the parties in any way in any future application for

28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

-9JOINT STIPULATION AND [PROPOSED] ORDER

1
2
3
4
5
6
7
8
9

modification of this Order.
8.

CUSTODY. Recipients of material under this Order shall maintain

such material secured and shall exercise the same standard of care with respect to
storage, custody, use and dissemination of the material as they exercise for their
own proprietary information, but in no event shall the standard be less than that of a
reasonable person.
This order shall be binding on the parties when signed regardless of whether
and when this Court endorses this Order.
IT IS SO STIPULATED.

10
11

Dated: May 9, 2014

LAW OFFICES OF KYLE J. SCOTT, PLC

12

By: /s/ Kyle J. Scott
Kyle J. Scott
Attorneys for Plaintiff and CrossDefendant SUONG N. DANG

13
14
15
16
17

Dated: May 9, 2014

BENT CARYL & KROLL, LLP

18

By: /s/ Steven M. Kroll
Steven M. Kroll
Attorneys for Defendant and CrossComplainant SMG

19
20
21
22

IT IS SO ORDERED.

23
24
25

Dated: May 13, 2014

_______________________________
U.S. Magistrate Judge

26
27
28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

- 10 JOINT STIPULATION AND [PROPOSED] ORDER

1

ATTACHMENT “A”

2

WRITTEN ASSURANCE

3
4
5
6
7

I, _______________________________________________ (print name),
reside at _______________________________________________________
(insert address). I am employed by ________________________(insert employer),
with a business address of _____________________________________________
(insert address).

8
9
10
11
12
13
14
15
16
17
18

I have read and understand the Stipulated Protective Order filed in the case of
Suong N. Dang v. SMG, et al., United States District Court, Central District of
California, Case No. EDCV 13-01744-FMO(SPx). I agree to comply with and be
bound by the provisions of the Stipulated Protective Order. I will not divulge
Confidential Material (as defined in the Stipulated Protective Order) to persons
other than those specifically authorized by the Stipulated Protective Order. I will
not copy or use, except solely for the purpose of this litigation, any information
protected by the Stipulated Protective Order except as expressly permitted by the
Court.
Executed at _______________, __________________ (insert city and state),
this _______ day of _______________, 20___.

19
20

______________________________

21

Signature

22
23
24
25
26
27
28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

- 11 JOINT STIPULATION AND [PROPOSED] ORDER

PROOF OF SERVICE

1
2
3
4
5
6
7
8
9

I, Steven M. Kroll, declare:
I am a citizen of the United States and employed in Los Angeles County,
California. I am over the age of eighteen years and not a party to the within-entitled
action. My business address is 6300 Wilshire Boulevard, Suite 1415, Los Angeles,
California 90048. On May 9, 2014, I served a copy of the within document(s):
JOINT STIPULATION FOR PROTECTIVE ORDER; AND [PROPOSED]
ORDER
X

by electronically serving and filing them using the Court’s Electronic
Court Filing (“ECF”) System and service was completed by electronic
means by transmittal of a Notice of Electronic Filing on the registered
participants of the ECF System. I served those parties who are not
registered participants of the ECF System as indicated below United
States mail at Los Angeles, California addressed as set forth below.

10
11
12
13
14
15

Kyle J. Scott, Esq.
Law Offices of Kyle J. Scott, PLC
4590 MacArthur Boulevard, Suite 220
Newport Beach, California 92660
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and CrossDefendant Suong N. Dang

16
17
18
19
20
21
22

I am readily familiar with the firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the
U.S. Postal Service on that same day with postage thereon fully prepaid in the
ordinary course of business. I am aware that on motion of the party served, service
is presumed invalid if postal cancellation date or postage meter date is more than
one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the United States of
America that the above is true and correct.
Executed on May 9 , 2014, at Los Angeles, California.

23
24

Steven M. Kroll

25
26
27
28
B ENT C ARYL &
K ROLL , LLP
ATTO RNEY S AT LAW

PROOF OF SERVICE