Adam Ellis v. Worldwide Capital Holdings, Inc. et al

Filing 48

ORDER GRANTING PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Joint Stipulation 47 (SEE ORDER FOR DETAILS) (dts)

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Paul Cataudella (CA SBN: 278495)
CATAUDELLA LAW, APC
One America Plaza
600 West Broadway, Suite 700
San Diego, California 92101
P: 619.272.7035
E: [e-mail]
Attorney for Plaintiff,
ADAM ELLIS

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION
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CATAUDELLA LAW, APC
600 West Broadway, Suite 700
San Diego, California 92101
P: 619.272.7035

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ADAM ELLIS, an individual,
Plaintiff,

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Case No.: 5:14-CV-01427
[PROPOSED] STIPULATED PROTECTIVE
ORDER

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v.

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WORLDWIDE CAPITAL HOLDINGS,
INC., a Delaware corporation;
WORLDWIDE TECHNOLOGY GROUP,
LLC, a Delaware limited liability company;
NICHOLAS HENKELS, an individual; and
DOES 1 – 100, inclusive,

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Defendants.
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- [PROPOSED] STIPULATED PROTECTIVE ORDER -

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The language of this stipulation is taken from the Stipulated Protective Order for
Standard Litigation available on the United States District Court for the Central District of

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California’s website with the exception of certain language taken from the Stipulated Protective
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Order for Litigation Involving Patents, Highly Sensitive Confidential Information and/or Trade
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Secrets, specifically, Sections 2.4, 2.6, 2.7, 2.14, 5.1, 5.2, 7.3, 7.4 (but not 7.4(a)(1)), 10, and 11.
1. A.

PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of
confidential, proprietary, or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

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Accordingly, the parties hereby stipulate to and petition the court to enter the following

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Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket

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protections on all disclosures or responses to discovery and that the protection it affords from

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public disclosure and use extends only to the limited information or items that are entitled to

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confidential treatment under the applicable legal principles. The parties further acknowledge, as

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set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

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file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that

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must be followed and the standards that will be applied when a party seeks permission from the

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court to file material under seal.
B.

GOOD CAUSE STATEMENT

This action is likely to involve trade secrets, customer or vendor information, intellectual
property information and other valuable research, development, commercial, financial, technical

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and/or proprietary information for which special protection from public disclosure and from use
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for any purpose other than prosecution of this action is warranted. Such confidential and
proprietary materials and information consist of, among other things, confidential business or
financial information, information regarding confidential business practices, or other
confidential research, development, or commercial information (including information

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implicating privacy rights of third parties), confidential personal financial information,
employee information, vendor information, information otherwise generally unavailable to the

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public, or which may be privileged or otherwise protected from disclosure under state or federal
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statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of
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information, to facilitate the prompt resolution of disputes over confidentiality of discovery
materials, to adequately protect information the parties are entitled to keep confidential, to
ensure that the parties are permitted reasonably necessary uses of such material in preparation
for and in the conduct of trial, to address their handling at the end of litigation, and serve the

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ends of justice, a protective order for such information is justified in this matter. It is the intent

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of the parties that information will not be designated as confidential for tactical reasons and that

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nothing be so designated without a good faith belief that it has been maintained in a

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confidential, non-public manner, and there is good cause why it should not be part of the public

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record of this case.

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2. DEFINITIONS
2.1

Action: this pending federal lawsuit, of the case of Adam Ellis v. Worldwide

Capital Holdings, et al., Case No. 5:14-CV-01427.
2.2

Challenging Party: a Party or Non-Party that challenges the designation of

information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of how it is

generated, stored or maintained) or tangible things that qualify for protection under Federal
Rule of Civil Procedure 26(c).

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2.4

Counsel:

Outside Counsel of Record and House Counsel (as well as their

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support staff).
2.5

Designating Party: a Party or Non-Party that designates information or items

that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY”.

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2.6

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

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things, testimony, transcripts, and tangible things), that are produced or generated in disclosures
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or responses to discovery in this matter.
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2.7

Expert: a person with specialized knowledge or experience in a matter pertinent

to the litigation who has been retained by a Party or its counsel to serve as an expert witness or
as a consultant in this action.
2.8

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or

Items: extremely sensitive “Confidential Information or Items” disclosure of which to another

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Party or Non-Party would create a substantial risk of serious harm that could not be avoided by

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less restrictive means in the following categories: trade secrets, vendor relationships, business

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plans or practices or licensing of intellectual property.

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2.9

House Counsel: attorneys who are employees of a party to this action. House

Counsel does not include Outside Counsel of Record or any other outside counsel.
2.10

Non-Party: any natural person, partnership, corporation, association, or other

legal entity not named as a Party to this action.
2.11

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, and includes support staff.
2.12

Party: any party to this action, including all of its officers, directors, employees,

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consultants, retained experts, and Outside Counsel of Record (and their support staffs).
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2.13

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.
2.14

Professional Vendors: persons or entities that provide litigation support services

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

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organizing, storing, or retrieving data in any form or medium) and their employees and
subcontractors.

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2.15

Protected Material: any Disclosure or Discovery Material that is designated as

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“CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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2.16

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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

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Material (as defined above), but also (1) any information copied or extracted from Protected

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Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any

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testimony, conversations, or presentations by Parties or their Counsel that might reveal

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Protected Material. However, the protections conferred by this Stipulation and Order do not

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cover the following information: (a) any information that is in the public domain at the time of

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disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a

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Receiving Party as a result of publication not involving a violation of this Order, including

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becoming part of the public record through trial or otherwise; and (b) any information known to

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the Receiving Party prior to the disclosure or obtained by the Receiving Party after the

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disclosure from a source who obtained the information lawfully and under no obligation of
confidentiality to the Designating Party. Further, this Stipulation and Order do not apply to the
Court and court personnel, who are subject only to the Court’s internal procedures regarding the
handling of material filed or lodged, including material filed or lodged under seal. Any use of

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Protected Material at trial shall be governed by the orders of the trial judge.
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4.

DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by

this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court
order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all

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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

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action, including the time limits for filing any motions or applications for extension of time
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pursuant to applicable law.
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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

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standards. To the extent it is practical to do so, the Designating Party must designate for

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protection only those parts of material, documents, items, or oral or written communications

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that qualify – so that other portions of the material, documents, items, or communications for

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which protection is not warranted are not swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations that are

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shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

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unnecessarily encumber or retard the case development process or to impose unnecessary

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expenses and burdens on other parties) expose the Designating Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it designated
for protection do not qualify for protection at all or do not qualify for the level of protection
initially asserted, that Designating Party must promptly notify all other parties that it is
withdrawing the mistaken designation.
5.2

Manner and Timing of Designations. Except as otherwise provided in this Order

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(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
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Disclosure or Discovery Material that qualifies for protection under this Order must be clearly
so designated before the material is disclosed or produced.
Designation in conformity with this Order requires:

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(a)

for information in documentary form (e.g., paper or electronic

documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that

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the Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY” to each page that contains protected material. If only a portion
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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

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inspection need not designate them for protection until after the inspecting Party has indicated

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which material it would like copied and produced. During the inspection and before the

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designation, all of the material made available for inspection shall be deemed “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified

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the documents it wants copied and produced, the Producing Party must determine which

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documents, or portions thereof, qualify for protection under this Order. Then, before producing

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the specified documents, the Producing Party must affix the appropriate legend

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(“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to

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each page that contains Protected Material. If only a portion or portions of the material on a

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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.
(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 other
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proceeding, all protected testimony and specify the level of protection being asserted. When it
is impractical to identify separately each portion of testimony that is entitled to protection and it
appears that substantial portions of the testimony may qualify for protection, the Designating
Party may invoke on the record (before the deposition, hearing, or other proceeding is

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concluded) a right to have up to 21 days to identify the specific portions of the testimony as to
which protection is sought and to specify the level of protection being asserted. Only those

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portions of the testimony that are appropriately designated for protection within the 21 days
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shall be covered by the provisions of this Stipulated Protective Order.

Alternatively, a

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Designating Party may specify, at the deposition or up to 21 days afterwards if that period is
properly invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
Parties shall give the other parties notice if they reasonably expect a deposition, hearing

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or other proceeding to include Protected Material so that the other parties can ensure that only

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authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A) are present at those proceedings. The use of a document as an exhibit at a

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deposition shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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Transcripts containing Protected Material shall have an obvious legend on the title page

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that the transcript contains Protected Material, and the title page shall be followed by a list of all

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pages (including line numbers as appropriate) that have been designated as Protected Material

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and the level of protection being asserted by the Designating Party. The Designating Party shall

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inform the court reporter of these requirements. Any transcript that is prepared before the
expiration of a 21-day period for designation shall be treated during that period as if it had been
designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
otherwise agreed. After the expiration of that period, the transcript shall be treated only as

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actually designated.
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(c)

for information produced in some form other than documentary and for

any other tangible items, that the Producing Party affix in a prominent place on the exterior of
the container or containers in which the information or item is stored the legend
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. If only

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a portion or portions of the information or item warrant protection, the Producing Party, to the
extent practicable, shall identify the protected portion(s) and specify the level of protection

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being asserted.
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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

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designate qualified information or items does not, standing alone, waive the Designating Party’s
right to secure protection under this Order for such material. Upon timely correction of a
designation, the Receiving Party must make reasonable efforts to assure that the material is
treated in accordance with the provisions of this Order.
6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

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confidentiality at any time that is consistent with the Court’s Scheduling Order. Unless a

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prompt challenge to a Designating Party’s confidentiality designation is necessary to avoid

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foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or

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delay of the litigation, a Party does not waive its right to challenge a confidentiality designation

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by electing not to mount a challenge promptly after the original designation is disclosed.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

process under Local Rule 37.1 et seq.
6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

intervention, the Designating Party shall file and serve a motion to retain confidentiality under
Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days
of the initial notice of challenge or within 14 days of the parties agreeing that the meet and

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confer process will not resolve their dispute, whichever is earlier. Each such motion must be
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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

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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

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designation of a deposition transcript or any portions thereof. Any motion brought pursuant to
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this provision must be accompanied by a competent declaration affirming that the movant has
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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

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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

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sanctions. Unless the Designating Party has waived the confidentiality designation by failing to

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file a motion to retain confidentiality as described above, all parties shall continue to afford the

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material in question the level of protection to which it is entitled under the Producing Party’s

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designation until the court rules on the challenge.

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Any motion challenging a designation of material as Confidential or requesting

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modification of this Stipulation and Protective Order shall be made in strict compliance with

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Local Rules 37-1 and 37-2 (including the Joint Stipulation requirement).

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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 disclosed

or produced by another Party or by a Non-Party in connection with this case only for
prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be
disclosed only to the categories of persons and under the conditions described in this Order.
When the litigation has been terminated, a Receiving Party must comply with the provisions of

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section 13 below (FINAL DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a location and
in a secure manner that ensures that access is limited to the persons authorized under this Order.

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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

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disclose any information or item designated “CONFIDENTIAL” only to:
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(a)

the Receiving Party’s Outside Counsel of Record in this action, as well as

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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 (including House Counsel) of the

Receiving Party to whom disclosure is reasonably necessary for this litigation and who have

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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(c)

Experts (as defined in this Order) of the Receiving Party to whom

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disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment

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and Agreement to Be Bound” (Exhibit A);

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(d)

the court and its personnel;

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(e)

court reporters and their staff, professional jury or trial consultants, mock

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jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation

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and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(f)

during their depositions, persons who it is believed in good faith may

possess information that is relevant to the action and/or deposition witnesses to whom
disclosure is reasonably necessary, and who have signed the “Acknowledgment and Agreement
to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the

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court. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected
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Material must be separately bound by the court reporter and may not be disclosed to anyone
except as permitted under this Stipulated Protective Order;
(g)

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;

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(h)

during their depositions, witnesses, and attorneys for witnesses, in the

action to whom disclosure is reasonably necessary provided: (1) the deposing party requests that

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the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted to
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keep any confidential information unless they sign the “Acknowledgment and Agreement to Be
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Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court.
Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected
material may be separately bound by the court reporter and may not be disclosed to anyone
excepted as permitted under this Stipulated Protective Order; and
(i)

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any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions.
7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items. Unless otherwise ordered by the court or permitted in writing by the

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Designating Party, a Receiving Party may disclose any information or item designated

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this action, as well as

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employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

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information for this litigation and who have signed the “Acknowledgment and Agreement to Be

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Bound” that is attached hereto as Exhibit A;
(b)

Experts of the Receiving Party (1) to whom disclosure is reasonably

necessary for this litigation, (2) who have signed the “Acknowledgment and Agreement to Be
Bound” (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4(a) and (b)

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below, as applicable, have been followed;
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(c)

the court and its personnel;

(d)

court reporters and their staff, professional jury or trial consultants, and

Professional Vendors to whom disclosure is reasonably necessary for this litigation and who
have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and

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(e)

A current or former employee of Worldwide Capital Holdings, Inc.,

Worldwide Technology Group, LLC, or the party that produced the document or the author or

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recipient of a document containing the information or a custodian or other person who
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otherwise possessed or knew the information.
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7.4

Procedures for Approving or Objecting to Disclosure of “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
(a)

Within Attached as Exhibit B hereto is a list of current competitors of

Worldwide Capital Holdings, Inc., and Worldwide Technology Group, LLC. Defendants shall

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provide this list of competitors to any Expert (as defined in this Order) Defendants may retain.

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Plaintiff may disclose to an Expert any information or item that has been designated “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(b), provided that,

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by signing the “Acknowledgment and Agreement to Be Bound” (Exhibit A), the Expert agrees

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not to work for or consult with any of the competitors listed by Defendants in Exhibit B hereto

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until the final disposition of this action, as defined in paragraph 4. The procedures described in

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paragraph 7.4(b)-(d) shall not apply in these circumstances.

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(b)

Except as specifically provided by paragraph 7.4(a), unless otherwise

ordered by the court or agreed to in writing by the Designating Party, a Party that seeks to
disclose to an Expert (as defined in this Order) any information or item that has been designated
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(b)
first must make a written request to the Designating Party that (1) identifies the general
categories of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information that

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the Receiving Party seeks permission to disclose to the Expert, (2) sets forth the full name of the
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Expert and the city and state of his or her primary residence, (3) attaches a copy of the Expert’s
current resume, (4) identifies the Expert’s current employer(s), (5) identifies each person or
entity from whom the Expert has received compensation or funding for work in his or her areas
of expertise or to whom the expert has provided professional services, including in connection

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with a litigation, at any time during the preceding five years, and (6) identifies (by name and
number of the case, filing date, and location of court) any litigation in connection with which

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the Expert has offered expert testimony, including through a declaration, report, or testimony at
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a deposition or trial, during the preceding five years.
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(c)

A Party that makes a request and provides the information specified in

the preceding paragraph 7.4(b) may disclose the subject Protected Material to the identified
Designated House Counsel or Expert unless, within 14 days of delivering the request, the Party
receives a written objection from the Designating Party. Any such objection must set forth in
detail the grounds on which it is based.
(d)

Unless and until an Expert previously identified by a Party pursuant to

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paragraph 7.4(b) is thereafter disclosed pursuant to Fed. R. Civ. P. 26(a)(2)(D), the Parties agree

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that no discovery shall be sought from said Expert directly or indirectly, and that no reference to

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the fact that said Expert was not designated as a testifying expert or retained to provide

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testimony shall be made or attempted to be put into evidence in any proceeding in this action or

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any other action in any respect.

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(e)

Any motion challenging a designation of material as described under this

Section shall be made in strict compliance with Local Rules 37-1 and 37-2 (including the Joint
Stipulation requirement). A Party that receives a timely written objection must meet and confer
with the Designating Party (through direct voice to voice dialogue) to try to resolve the matter
by agreement within seven days of the written objection. If no agreement is reached, the Party
seeking to make the disclosure to Designated House Counsel or the Expert may file a motion as

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provided in Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5) seeking
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permission from the court to do so. Any such motion must describe the circumstances with
specificity, set forth in detail the reasons why the disclosure to Designated House Counsel or the
Expert is reasonably necessary, assess the risk of harm that the disclosure would entail, and
suggest any additional means that could be used to reduce that risk. In addition, any such

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motion must be accompanied by a competent declaration describing the parties’ efforts to
resolve the matter by agreement (i.e., the extent and the content of the meet and confer

3

discussions) and setting forth the reasons advanced by the Designating Party for its refusal to
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approve the disclosure.
5

In any such proceeding, the Party opposing disclosure to Designated House Counsel or

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the Expert shall bear the burden of proving that the risk of harm that the disclosure would entail
(under the safeguards proposed) outweighs the Receiving Party’s need to disclose the Protected
Material to its Designated House Counsel or Expert.
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”

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must:
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(a)

promptly notify in writing the Designating Party. Such notification shall

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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

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subject to this Protective Order. Such notification shall include a copy of this Stipulated

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Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be pursued

by the Designating Party whose Protected Material may be affected.

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If the Designating Party timely seeks a protective order, the Party served with the

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subpoena or court order shall not produce any information designated in this action as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a

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determination by the court from which the subpoena or order issued, unless the Party has

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obtained the Designating Party’s permission. The Designating Party shall bear the burden and

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expense of seeking protection in that court of its confidential material – and nothing in these
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provisions should be construed as authorizing or encouraging a Receiving Party in this action to
disobey a lawful directive from another court.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 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” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY”. Such information produced by Non-Parties in connection with

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this litigation is protected by the remedies and relief provided by this Order. Nothing in these

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provisions should be construed as prohibiting a Non-Party from seeking additional protections.

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(b)

In the event that a Party is required, by a valid discovery request, to

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

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Party shall:
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1.

promptly notify in writing the Requesting Party and the Non-

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Party that some or all of the information requested is subject to a confidentiality agreement with
a Non-Party;
2.

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promptly provide the Non-Party with a copy of the Stipulated

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Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific

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description of the information requested; and
3.

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make the information requested available for inspection by the

Non-Party.
(c)

If the Non-Party fails to object or seek a protective order from this court

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within 14 days of receiving the notice and accompanying information, the Receiving Party may

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produce the Non-Party’s confidential information responsive to the discovery request. If the

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Non-Party timely seeks a protective order, the Receiving Party shall not produce any

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information in its possession or control that is subject to the confidentiality agreement with the

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Non-Party before a determination by the court. Absent a court order to the contrary, the Non16
- [PROPOSED] STIPULATED PROTECTIVE ORDER -

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Party shall bear the burden and expense of seeking protection in this court of its Protected
Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

4

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
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Material to any person or in any circumstance not authorized under this Stipulated Protective
Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
Protected Material, (c) inform the person or persons to whom unauthorized disclosures were

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made of all the terms of this Order, and (d) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

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MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain inadvertently

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produced material is subject to a claim of privilege or other protection, the obligations of the

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Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

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provision is not intended to modify whatever procedure may be established in an e-discovery

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order that provides for production without prior privilege review. Pursuant to Federal Rule of

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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.

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12.

MISCELLANEOUS

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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.
12.2

Right to Assert Other Objections. By stipulating to the entry of this Protective

Order no Party waives any right it otherwise would have to object to disclosing or producing

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- [PROPOSED] STIPULATED PROTECTIVE ORDER -

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2

any information or item on any ground not addressed in this Stipulated Protective Order.
Similarly, no Party waives any right to object on any ground to use in evidence of any of the

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material covered by this Protective Order.
4

12.3

Filing Protected Material. Without written permission from the Designating

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Party or a court order secured after appropriate notice to all interested persons, a Party may not
file in the public record in this action any Protected Material. A Party that seeks to file under
seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may
only be filed under seal pursuant to a court order authorizing the sealing of the specific

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Protected Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only

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9

upon a request establishing that the Protected Material at issue is privileged, protectable as a

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trade secret, or otherwise entitled to protection under the law. If a Party's request to file

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Protected Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then

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the Receiving Party may file the information in the public record pursuant to Civil Local Rule

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79-5(e) unless otherwise instructed by the court.

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13.

FINAL DISPOSITION

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Within 60 days after the final disposition of this action, as defined in paragraph 4, each

18

Receiving Party must return all Protected Material to the Producing Party or destroy such

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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

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Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all
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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 reproducing
or capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled
to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

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- [PROPOSED] STIPULATED PROTECTIVE ORDER -

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transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports,
attorney work product, and consultant and expert work product, even if such materials contain

3

Protected Material. Any such archival copies that contain or constitute Protected Material
4

remain subject to this Protective Order as set forth in Section 4 (DURATION).
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14.

PENALTY FOR VIOLATIONS
Any violation of this Order may be punished by any and all appropriate measures

including, without limitation, contempt proceedings and/or monetary sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

CATAUDELLA LAW, APC
600 West Broadway, Suite 700
San Diego, California 92101
P: 619.272.7035

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Date: July 9, 2015

CATAUDELLA LAW, APC
/s/ Paul Cataudella_______________
PAUL CATAUDELLA
Attorney for Plaintiff
ADAM ELLIS

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Date: July 9, 2015

BUCHALTER NEMER, APC

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/s/ Steven Brower (with permission)__
STEVEN BROWER
Attorney for Defendants
WORLDWIDE CAPITAL HOLDINGS,
INC.; WORLDWIDE TECHNOLOGY
GROUP, LLC; NICHOLAS HENKELS

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: July 9, 2015
The Honorable Kenly Kiya Kato
United States Magistrate Judge

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EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, ______________________________________ [print or type full name], of
4

_______________________________________________ [print or type full address], declare
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8

under penalty of perjury that I have read in its entirety and understand the Stipulated Protective
Order that was issued by the United States District Court for the Central District of California –
Eastern Division on ______________________ [date] in the case of Adam Ellis v. Worldwide
Capital Holdings, et al., Case No. 5:14-CV-01427. I agree to comply with and to be bound by

10

all the terms of this Stipulated Protective Order and I understand and acknowledge that failure

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600 West Broadway, Suite 700
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9

to so comply 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 that is subject

13

to this Stipulated Protective Order to any person or entity except in strict compliance with the

14

provisions of this Order.

15

I further agree to submit to the jurisdiction of the United States District Court for the

16

Central District of California – Eastern Division for the purpose of enforcing the terms of this

17

Stipulated Protective Order, even if such enforcement proceedings occur after termination of

18

this action.

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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: _________________________________
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City and State where sworn and signed: _________________________________

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Printed name: ______________________________
Signature: __________________________________
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