Federation of Telugu Associations of Southern California v. Telugu Association of Southern California
Filing
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PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order 35 . *Note Changes Made by the Court* (afe)
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Michael A. Shimokaji (Bar No. 94797)
Email: mshimokaji@shimokaji.com
SHIMOKAJI & ASSOCIATES, P.C.
8911 Research Drive
Irvine, CA 92618
(949) 788-9961
(949) 788-9969 - fax
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Attorneys for Plaintiff
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Sarah R. Wolk (Bar No. 251461)
Email: srw@wolklevine.com
Wolk & Levine, LLP
550 N. Brand Blvd., Suite 625
Glendale, CA 91203
818-241-7499
323-892-2324 - fax
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Attorneys for Defendant
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THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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)
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FEDERATION OF TELUGU
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ASSOCIATIONS OF SOUTHERN
CALIFORNIA, a California corporation, )
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Plaintiff,
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vs.
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TELUGU ASSOCIATION OF
SOUTHERN CALIFORNIA, a California )
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corporation,
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Defendant.
Case No.: 5:14-cv-01278-RSWL-ASx
Hon. Ronald S.W. Lew
[PROPOSED] STIPULATED
PROTECTIVE ORDER
NOTE CHANGES MADE BY THE
COURT
DATE: None
TIME: None
PLACE: Courtroom 21 – 5th Floor
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[PROPOSED] STIPULATED PROTECTIVE ORDER
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1.
PURPOSES AND LIMITATIONS
1.1
Disclosure and discovery activity in this action are likely to involve
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production of confidential, proprietary, or private information for which special
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protection from public disclosure and from use for any purpose other than prosecuting
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this litigation may be warranted. Accordingly, the parties hereby stipulate to and
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petition the court to enter the following Stipulated Protective Order. The parties
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acknowledge that this Order does not confer blanket protections on all disclosures or
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responses to discovery and that the protection it affords from public disclosure and use
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extends only to the limited information or items that are entitled to confidential
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treatment under the applicable legal principles. The parties further acknowledge, as set
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forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them
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to file confidential information under seal; Local Rule 79-5 sets forth the procedures
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that must be followed and the standards that will be applied when a party seeks
permission from the court to file material under seal.
1.2
Good Cause Statement: The parties to this case are separate and distinct
charitable businesses serving the Telugu community through education programs,
with a focus in Southern California.
The parties each have their services based in
Southern California. The parties represent a choice for potential members in the same
geographic community and thereby compete for revenue in the form of membership
dues and sponsorships, although there is no prohibition on an individual or entity
joining both organizations. While much of the information relating to the operation of
these entities is freely disclosed to members and the public at large, certain
confidential business information such as revenue data, cost data, sponsorship data,
membership data, sponsorship agreements and other information that qualify as trade
secrets under California Civil Code § 3426.1 must necessarily be protected from
disclosure to opposing parties and/or other competitors in the market, so as to avoid
significant competitive harm.
The similar offerings and services of the parties is further evidenced by the fact
[PROPOSED] STIPULATED PROTECTIVE ORDER
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that each party has a filed federal trademark applications for the name TELUGU
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ASSOCIATION OF SOUTHERN CALIFORNIA. Each party has sought registration
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in class 035 for charitable services. Plaintiff describes in its trademark application its
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services as “charitable services, namely, promoting public awareness of Telugu
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language and culture.” In its trademark application, defendant describes its services as
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“charitable services, namely, promoting public awareness of Telugu language and
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culture.” Plaintiff’s application has processed and has been granted registration on the
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Supplement Register, whereas defendant’s application has been abandoned.
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Both parties promote their services in the same fashion - largely by the Internet
– using websites and emailed newsletters.
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A threshold issue in the complaint is whether plaintiff owns valid trademark
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rights in the name “TELUGU ASSOCIATION OF SOUTHERN CALIFORNIA”.
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Defendant alleges that plaintiff abandoned the trademark and that the mark is merely
descriptive.
On the other side of the issue of ownership is the issue of defendant’s past and
anticipated use of the name “TELUGU ASSOCIATION OF SOUTHERN
CALIFORNIA”. Those issues relate to past damages and injunctive relief. Discovery
into those issues will require defendant’s membership information, as well as
defendant’s future marketing plans, future membership plans, and future business
plans, all of which constitute confidential information.
The [Proposed] Stipulated Protective Order enables resolution of the factual and
legal issues without imposing undue competitive harm on the parties.
Federal Rule of Civil Procedure Rule 26(c)(1)(G) permits the grant of a
protective order upon a showing of good cause, and provides that the protection of a
trade secret or other confidential commercial information is a proper basis for the
issuance of a protective order. The party seeking such an order must demonstrate a
particular and specific need for the protective order. Gray v. Rodewald, 133 F.R.D.
39, 40 (N.D. Cal. 1990).
[PROPOSED] STIPULATED PROTECTIVE ORDER
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A protective order that focuses on preventing disclosure of particular
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information, e.g. confidential business information, where disclosure would “likely
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cause serious harm,” is supported by good cause.
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Systems, Inc., 106 F.R.D. 551, 556, (S.D.N.Y. 1985). To support a showing of good
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cause, however, a protective order must be sufficiently tailored in the information it
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seeks to protect, e.g. by designating certain classes or types of information. Id.
Hayden v. Siemens Medical
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A “blanket” protective order, as opposed to a broader “umbrella” protective
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order, “permits the parties to protect documents that they in good faith believe contain
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trade secret or other confidential commercial information. Such protective orders are
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routinely agreed to by the parties and approved by the courts in commercial litigation,
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especially in cases between direct competitors.” Bayer AG and Miles Inc. v. Barr
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Laboratories, Inc., 162 F.R.D. 456, 465, (S.D.N.Y. 1995). It is the intent of the parties
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that information will not be designated as confidential for tactical reasons and that
nothing be so designated without a good faith belief that it has been maintained in a
confidential, non-public manner, and there is good cause why it should not be part of
the public record this case.
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The parties’ proposed protective order was drafted specifically to protect the
disclosure of each party’s commercially sensitive sales information and other
confidential business information, as set forth above and below.
information under this agreement is specifically defined below. Such information,
under the proposed protective order, may be designated CONFIDENTIAL, and is
open to challenge by either party, any third party, or the public.
Based on the foregoing demonstration of good cause in support of the parties’
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Confidential
Stipulated Protective Order, this Order should be granted by the Court to protect the
parties’ confidential business information.
2.
DEFINITIONS
2.1
Challenging Party: a Party or Non-Party that challenges the designation
of information or items under this Order.
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2.2
“CONFIDENTIAL” Information or Items: information (regardless of
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how it is generated, stored or maintained) or tangible things that qualify for protection
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under Federal Rule of Civil Procedure 26(c), and include, but are not necessarily
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limited to, sales/member dues data, member data, sponsor data, cost-of-sales, market
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research, and sponsorship agreements, and other similar information. It is noted that
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some of this information may be sufficiently sensitive that it might be designated
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pursuant to section 2.7 below.
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2.3
Counsel (without qualifier): Outside Counsel of Record (as well as their
support staff).
2.4
Designating Party: a Party or Non-Party that designates information or
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items that it produces in disclosures or in responses to discovery as
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“CONFIDENTIAL”.
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2.5
Disclosure or Discovery Material: all items or information, regardless of
the medium or manner in which it is generated, stored, or maintained (including,
among other things, testimony, transcripts, and tangible things), that are produced or
generated in disclosures or responses to discovery in this matter.
2.6
Expert: a person with specialized knowledge or experience in a matter
pertinent to the litigation who (1) has been retained by a Party or its counsel to serve
as an expert witness or as a consultant in this action, (2) is not a past or current
employee of a Party or of a Party’s competitor, and (3) at the time of retention, is not
anticipated to become an employee of a Party or of a Party’s competitor.
2.7
Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
2.8
Outside Counsel of Record: attorneys who are not employees of a party
to this action but are retained to represent or advise a party to this action and have
appeared in this action on behalf of that party or are affiliated with a law firm which
has appeared on behalf of that party.
2.9
Party: any party to this action, including all of its officers, directors,
[PROPOSED] STIPULATED PROTECTIVE ORDER
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employees, consultants, retained experts, and Outside Counsel of Record (and their
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support staff).
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2.10 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.
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2.11 Professional Vendors: persons or entities that provide litigation support
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services (e.g., photocopying, videotaping, translating, preparing exhibits or
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demonstrations, and organizing, storing, or retrieving data in any form or medium)
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and their employees and subcontractors.
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2.12 Protected Material: any Disclosure or Discovery Material that is
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designated as “CONFIDENTIAL,” pursuant to the terms of paragraphs 2.2 and 2.7
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above.
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2.13 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
3.
SCOPE
The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or extracted
from Protected Material; (2) all copies, excerpts, summaries, or compilations of
Protected Material; and (3) any testimony, conversations, or presentations by Parties
or their Counsel that might reveal Protected Material. However, the protections
conferred by this Stipulation and Order do not cover the following information: (a)
any information that is in the public domain at the time of disclosure to a Receiving
Party or becomes part of the public domain after its disclosure to a Receiving Party as
a result of publication not involving a violation of this Order, including becoming part
of the public record through trial or otherwise; and (b) any information known to the
Receiving Party prior to the disclosure or obtained by the Receiving Party after the
disclosure from a source who obtained the information lawfully and was under no
obligation of confidentiality to the Designating Party. Any use of Protected Material at
trial shall be governed by a separate agreement or order.
[PROPOSED] STIPULATED PROTECTIVE ORDER
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4.
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DURATION
4.1
Confidential Designations at Trial: The parties understand that the
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Court presumptively does not allow for confidentiality designations to be maintained
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at trial. Should either of the parties believe that any of the information or items
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disclosed in this action that have been designated by either party as CONFIDENTIAL
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requires that such level of protection be maintained at trial, the parties will separately
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apply to the district court judge for such relief sufficiently in advance of trial to allow
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for a motion to be filed, if necessary, and a hearing and order on such motion to occur.
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Any such request to maintain any information or items as CONFIDENTIAL for trial
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shall specifically identify and enumerate the information or item(s) sought to be so
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protected at trial, and specifically articulate the need to maintain such information or
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item(s) as CONFIDENTIAL at trial.
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4.2
Final Disposition: Final disposition shall be deemed to be the later of (1)
dismissal of all claims and defenses in this action, with or without prejudice; and (2)
final judgment herein after the completion and exhaustion of all appeals, rehearings,
remands, trials, or reviews of this action, including the time limits for filing any
motions or applications for extension of time pursuant to applicable law.
5.
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Non-Party that designates information or items for protection
under this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards. To the extent it is practical to do so, the
Designating Party must designate for protection only those parts of material,
documents, items, or oral or written communications that qualify – so that other
portions of the material, documents, items, or communications for which protection is
not warranted are not swept unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations
that are shown to be clearly unjustified or that have been made for an improper
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purpose (e.g., to unnecessarily encumber or retard the case development process or to
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impose unnecessary expenses and burdens on other parties) expose the Designating
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Party to sanctions.
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If it comes to a Designating Party’s attention that information or items that it
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designated for protection do not qualify for protection at all or do not qualify for the
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level of protection initially asserted, that Designating Party must promptly notify all
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other parties that it is withdrawing the mistaken designation.
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5.2
Manner and Timing of Designations. Except as otherwise provided in this
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Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated
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or ordered, Disclosure or Discovery Material that qualifies for protection under this
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Order must be clearly so designated before the material is disclosed or produced.
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Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents,
but excluding transcripts of depositions or other pretrial or trial proceedings), that the
Producing Party affix the legend “CONFIDENTIAL” to each page that contains
protected material. If only a portion or portions of the material on a page qualifies for
protection, the Producing Party also must clearly identify the protected portion(s)
(e.g., by making appropriate markings in the margins) and must specify, for each
portion, the level of protection being asserted.
A Party or Non-Party that makes original documents or materials available for
inspection need not designate them for protection until after the inspecting Party has
indicated which material it would like copied and produced. During the inspection and
before the designation, all of the material made available for inspection shall be
deemed “ CONFIDENTIAL.” After the inspecting Party has identified the documents
it wants copied and produced, the Producing Party must determine which documents,
or portions thereof, qualify for protection under this Order. Then, before producing the
specified documents, the Producing Party must affix the legend “CONFIDENTIAL”
to each page that contains Protected Material. If only a portion or portions of the
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material on a page qualifies for protection, the Producing Party also must clearly
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identify the protected portion(s) (e.g., by making appropriate markings in the margins)
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and must specify, for each portion, the level of protection being asserted.
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(b) for testimony given in deposition or in other pretrial proceedings, that the
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Designating Party identify on the record, before the close of the deposition, hearing, or
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other proceeding, all protected testimony and specify the level of protection being
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asserted. When it is impractical to identify separately each portion of testimony that is
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entitled to protection and it appears that substantial portions of the testimony may
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qualify for protection, the Designating Party may invoke on the record (before the
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deposition, hearing, or other proceeding is concluded) a right to have up to 21 days
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after receipt of the transcript to identify the specific portions of the testimony as to
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which protection is sought and to specify the level of protection being asserted. Only
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those portions of the testimony that are appropriately designated for protection within
the 21 days shall be covered by the provisions of this Stipulated Protective Order. The
entire transcript shall be treated as “ CONFIDENTIAL” during the 21 day period.
Any testimony not designated prior to the expiration of the 21 day period after the
transcript becomes available shall be treated as undesignated.
Parties shall give the other parties notice if they reasonably expect a deposition,
hearing or other proceeding to include Protected Material so that the other parties can
ensure that only authorized individuals who have signed the “Acknowledgment and
Agreement to Be Bound” (Exhibit A) are present at those proceedings. The use of a
document as an exhibit at a deposition shall not in any way affect its designation as
“CONFIDENTIAL.”
Transcripts containing Protected Material shall have an obvious legend on the
title page that the transcript contains Protected Material, and the title page shall be
followed by a list of all pages (including line numbers as appropriate) that have been
designated as Protected Material and the level of protection being asserted by the
Designating Party. The Designating Party shall inform the court reporter of these
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requirements.
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(c) for information produced in some form other than documentary and for any
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other tangible items, that the Producing Party affix in a prominent place on the
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exterior of the container or containers in which the information or item is stored the
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legend “CONFIDENTIAL”. If only a portion or portions of the information or item
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warrant protection, the Producing Party, to the extent practicable, shall identify the
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protected portion(s) and specify the level of protection being asserted.
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5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
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failure to designate qualified information or items does not, standing alone, waive the
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Designating Party’s right to secure protection under this Order for such material. Upon
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timely correction of a designation, the Receiving Party must make reasonable efforts
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to assure that the material is treated in accordance with the provisions of this Order.
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6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a
designation of confidentiality at any time that is consistent with the Court’s
scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality
designation is necessary to avoid foreseeable, substantial unfairness, unnecessary
economic burdens, or a significant disruption or delay of the litigation, a Party does
not waive its right to challenge a confidentiality designation by electing not to mount a
challenge promptly after the original designation is disclosed.
6.2
Meet and Confer. The Challenging Party shall initiate the dispute
resolution process by providing written notice of each designation it is challenging
and describing the basis for each challenge. To avoid ambiguity as to whether a
challenge has been made, the written notice must recite that the challenge to
confidentiality is being made in accordance with this specific paragraph of the
Protective Order. The parties shall attempt to resolve each challenge in good faith and
must begin the process by conferring directly (in voice to voice dialogue; other forms
of communication are not sufficient) within 10 days of the date of service of notice.
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In conferring, the Challenging Party must explain the basis for its belief that the
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confidentiality designation was not proper and must give the Designating Party an
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opportunity to review the designated material, to reconsider the circumstances, and, if
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no change in designation is offered, to explain the basis for the chosen designation. A
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Challenging Party may proceed to the next stage of the challenge process only if it has
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engaged in this meet and confer process first or establishes that the Designating Party
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is unwilling to participate in the meet and confer process in a timely manner.
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6.3
Judicial Intervention. If the Parties cannot resolve a challenge without
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court intervention, the Designating Party shall file and serve a motion to retain
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confidentiality under Local Rule 37 (and in compliance with Local Rule 79-5, if
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applicable) within 21 days of the initial notice of challenge or within 14 days of the
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parties agreeing that the meet and confer process will not resolve their dispute,
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whichever is earlier. Each such motion must be accompanied by a competent
declaration affirming that the movant has complied with the meet and confer
requirements imposed in the preceding paragraph. Failure by the Designating Party to
make such a motion including the required declaration within 21 days (or 14 days, if
applicable) shall automatically waive the confidentiality designation for each
challenged designation. In addition, the Challenging Party may file a motion
challenging a confidentiality designation at any time if there is good cause for doing
so, including a challenge to the designation of a deposition transcript or any portions
thereof. Any motion brought pursuant to this provision must be accompanied by a
competent declaration affirming that the movant has complied with the meet and
confer requirements imposed by the preceding paragraph.
The burden of persuasion in any such challenge proceeding shall be on the
Designating Party. Frivolous challenges and those made for an improper purpose (e.g.,
to harass or impose unnecessary expenses and burdens on other parties) may expose
the Challenging Party to sanctions. Unless the Designating Party has waived the
confidentiality designation by failing to file a motion to retain confidentiality as
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described above, all parties shall continue to afford the material in question the level
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of protection to which it is entitled under the Producing Party’s designation until the
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court rules on the challenge.
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7.
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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
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disclosed or produced by another Party or by a Non-Party in connection with this case
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only for prosecuting, defending, or attempting to settle this litigation. Such Protected
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Material may be disclosed only to the categories of persons and under the conditions
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described in this Order. When the litigation has been terminated, a Receiving Party
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must comply with the provisions of section 13 below (FINAL DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a
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location and in a secure manner that ensures that access is limited to the persons
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authorized under this Order.
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
otherwise ordered by the court or permitted in writing by the Designating Party, a
Receiving Party may disclose any information or item designated “CONFIDENTIAL”
only to:
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
employees of said Outside Counsel of Record to whom it is reasonably necessary to
disclose the information for this litigation and who have signed the “Acknowledgment
and Agreement to Be Bound” that is attached hereto as Exhibit A;
(b) the officers, directors, and employees of the Receiving Party to whom
disclosure is reasonably necessary for this litigation and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure
is reasonably necessary for this litigation and who have signed the “Acknowledgment
and Agreement to Be Bound” (Exhibit A);
(d) the court and its personnel;
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(e) court reporters and their staff;
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(f), professional jury or trial consultants, and Professional Vendors to whom
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disclosure is reasonably necessary for this litigation and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(f) (g) during their depositions, witnesses in the action to whom disclosure is
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reasonably necessary and who have signed the “Acknowledgment and Agreement to
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Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered
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by the court. Pages of transcribed deposition testimony or exhibits to depositions that
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reveal Protected Material must be separately bound by the court reporter and may not
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be disclosed to anyone except as permitted under this Stipulated Protective Order.
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(g) (h) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
8.
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
that compels disclosure of any information or items designated in this action as
“CONFIDENTIAL” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to
issue in the other litigation that some or all of the material covered by the subpoena or
order is subject to this Protective Order. Such notification shall include a copy of this
Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued by
the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with
the subpoena or court order shall not produce any information designated in this action
as “CONFIDENTIAL” before a determination by the court from which the subpoena
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or order issued, unless the Party has obtained the Designating Party’s permission. The
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Designating Party shall bear the burden and expense of seeking protection in that court
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of its confidential material – and nothing in these provisions should be construed as
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authorizing or encouraging a Receiving Party in this action to disobey a lawful
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directive from another court.
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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
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PRODUCED IN THIS LITIGATION
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(a)
The terms of this Order are applicable to information produced by a Non-
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Party in this action and designated as “CONFIDENTIAL”. Such information produced
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by Non-Parties in connection with this litigation is protected by the remedies and
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relief provided by this Order. Nothing in these provisions should be construed as
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prohibiting a Non-Party from seeking additional protections.
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(b)
produce a Non-Party’s confidential information in its possession, and the Party is
subject to an agreement with the Non-Party not to produce the Non-Party’s
confidential information, then the Party shall:
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1. promptly notify in writing the Requesting Party and the Non-Party
that some or all of the information requested is subject to a confidentiality agreement
with a Non-Party;
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2. promptly provide the Non-Party with a copy of the Stipulated
Protective Order in this litigation, the relevant discovery request(s), and a reasonably
specific description of the information requested; and
3. make the information requested available for inspection by the
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In the event that a Party is required, by a valid discovery request, to
Non-Party.
(c)
If the Non-Party fails to object or seek a protective order from this court
within 14 days of receiving the notice and accompanying information, the Receiving
Party may produce the Non-Party’s confidential information responsive to the
discovery request. If the Non-Party timely seeks a protective order, the Receiving
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Party shall not produce any information in its possession or control that is subject to
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the confidentiality agreement with the Non-Party before a determination by the court.
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Absent a court order to the contrary, the Non-Party shall bear the burden and expense
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of seeking protection in this court of its Protected Material.
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10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
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Protected Material to any person or in any circumstance not authorized under this
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Stipulated Protective Order, the Receiving Party must immediately (a) notify in
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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to
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retrieve all unauthorized copies of the Protected Material, (c) inform the person or
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persons to whom unauthorized disclosures were made of all the terms of this Order,
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and (d) request such person or persons to execute the “Acknowledgment and
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Agreement to Be Bound” that is attached hereto as Exhibit A.
11.
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PROTECTED MATERIAL
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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other protection,
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
may be established in an e-discovery order that provides for production without prior
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
parties reach an agreement on the effect of disclosure of a communication or
information covered by the attorney-client privilege or work product protection, the
parties may incorporate their agreement in the stipulated protective order submitted to
the court.
12.
MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the court in the future.
[PROPOSED] STIPULATED PROTECTIVE ORDER
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12.2 Right to Assert Other Objections. By stipulating to the entry of this
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Protective Order no Party waives any right it otherwise would have to object to
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disclosing or producing any information or item on any ground not addressed in this
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Stipulated Protective Order. Similarly, no Party waives any right to object on any
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ground to use in evidence of any of the material covered by this Protective Order.
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12.3 Filing Protected Material. Without written permission from the
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Designating Party or a court order secured after appropriate notice to all interested
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persons, a Party may not file in the public record in this action any Protected Material.
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A Party that seeks to file under seal any Protected Material must comply with Local
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Rule 79-5. Protected Material may only be filed under seal pursuant to a court order
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authorizing the sealing of the specific Protected Material at issue. Pursuant to Local
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Rule 79-5, a sealing order will issue only upon a request establishing that the
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Protected Material at issue is privileged, protectable as a trade secret, or otherwise
entitled to protection under the law. If a Receiving Party's request to file Protected
Material under seal pursuant to Local Rule 79-5(d) is denied by the court, then the
Receiving Party may file the Protected Material in the public record pursuant to Local
Rule 79-5 unless otherwise instructed by the court.
13.
FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph
4, each Receiving Party must return all Protected Material to the Producing Party or
destroy such material. As used in this subdivision, “all Protected Material” includes all
copies, abstracts, compilations, summaries, and any other format reproducing or
capturing any of the Protected Material. Whether the Protected Material is returned or
destroyed, the Receiving Party must submit a written certification to the Producing
Party (and, if not the same person or entity, to the Designating Party) by the 60-day
deadline that (1) identifies (by category, where appropriate) all the Protected Material
that was returned or destroyed and (2) affirms that the Receiving Party has not
retained any copies, abstracts, compilations, summaries or any other format
[PROPOSED] STIPULATED PROTECTIVE ORDER
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reproducing or capturing any of the Protected Material. Notwithstanding this
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provision, Counsel are entitled to retain an archival copy of all pleadings, motion
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papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
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deposition and trial exhibits, expert reports, attorney work product, and consultant and
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expert work product, even if such materials contain Protected Material.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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DATED: March 30, 2015
SHIMOKAJI & ASSOCIATES, P.C.
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By: /s/ Michael A. Shimokaji
MICHAEL A. SHIMOKAJI
Attorneys for Plaintiff
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DATED: March 9, 2015
WOLK & LEVINE, LLP
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By: /s/ Sarah R. Wolk
SARAH R. WOLK
Attorneys for Defendant
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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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DATED: March 31, 2015
/s/
ALKA SAGAR
United States Magistrate Judge
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[PROPOSED] STIPULATED PROTECTIVE ORDER
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EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I,
_____________________________
[print
or
type
full
name],
of
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_____________________________________________ [print or type full address],
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declare under penalty of perjury that I have read in its entirety and understand the
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Stipulated Protective Order that was issued by the United States District Court for the
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Central District of California on [date] in the case of Federation of Telugu
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Associations of Southern California v. Telugu Association of Southern California,
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case no. 5:14-cv-01278-RSWL-Asx, I agree to comply with and to be bound by all the
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terms of this Stipulated Protective Order and I understand and acknowledge that
failure to so comply could expose me to sanctions and punishment in the nature of
contempt. I solemnly promise that I will not disclose in any manner any information
or item that is subject to this Stipulated Protective Order to any person or entity except
in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court
for the Central District of California for the purpose of enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action.
I hereby appoint __________________________ [print or type full name] of
________________________________________________ [print or type full address
and telephone number] as my California agent for service of process in connection
with this action or any proceedings related to enforcement of this Stipulated Protective
Order.
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Date: _________________________________
[PROPOSED] STIPULATED PROTECTIVE ORDER
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City and State where sworn and signed: _________________________________
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Printed name: ______________________________
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[printed name]
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Signature: __________________________________
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[signature]
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[PROPOSED] STIPULATED PROTECTIVE ORDER
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FEDERATION OF TELUGU ASSOCIATIONS OF SOUTHERN
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CALIFORNIA v TELUGU ASSOCIATION OF SOUTHERN CALIFORNIA
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Case No. 5:14-cv-01278-RSWL-ASx
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CERTIFICATE OF SERVICE
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I, MICHAEL A. SHIMOKAJI, declare:
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I am employed in the County of Orange, State of California. I am over the age
of 18 and not a party to the within action, my business address is 8911 Research Dr.,
Irvine, California 92618.
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On the below date, I served the within documents, with all exhibits (if any):
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[PROPOSED] STIPULATED PROTECTIVE ORDER
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[ ]
by transmitting via facsimile the document(s) listed above to the fax number(s)
set forth below on this date before 5:00 pm. A copy of the transmittal report
issued by the transmitting facsimile machine is attached hereto.
[ ]
by placing the document(s) listed above in a sealed envelope with postage
thereon fully prepaid, in the United States mail at Irvine, California addressed
as set forth below:
[ ]
by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth below.
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[ x ] by electronically filing with the Clerk of the Court using ECF which will send
notification and a copy of such filing to the following persons:
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Sarah Wolk
Wolk & Levine, LLP
550 N. Brand Blvd., Suite 625
Glendale, CA 91203
Fax (323) 892-2324
[PROPOSED] STIPULATED PROTECTIVE ORDER
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[ ]
by transmitting via email or electronic transmission the document(s) listed
above to the person(s) at the e-mail address(es) set forth below.
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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 deposition for mailing in affidavit.
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I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
Executed on March 30, 2015, at Irvine, California.
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/s/ Michael A. Shimokaji
Michael Shimokaji
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[PROPOSED] STIPULATED PROTECTIVE ORDER
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