Big Bear Vacations, Inc. et al v. Firstcomp Insurance Agency et al
Filing
26
MINUTES (IN CHAMBERS) PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 25 The parties are advised that the Court declines to issue the proposed protective order to which they have stipulated for (SEE ORDER FOR DETAILS) (dts)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES--GENERAL
Case No. EDCV 15-00196-VAP (KKx)
Date: June 22, 2015
Title: Big Bear Resorts, Inc., et al. v. Firstcomp Insurance Agency, et al.
DOCKET ENTRY
PRESENT:
HON. KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
Deb Taylor
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFFS:
None present
n/a
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANTS:
None present
PROCEEDINGS: (IN CHAMBERS)
The parties’ proposed Stipulation and Protective Order has been referred by the
District Judge to the Magistrate Judge for consideration. The parties are advised that
the Court declines to issue the proposed protective order to which they have
stipulated for the following reasons:
1.
While the Court is willing to enter a protective order in
accordance with the parties’ stipulation in order to facilitate the
conduct of discovery, the Court is unwilling to include in the
protective order any provisions relating to evidence presented at
trial or other court hearings or proceedings. Any use of Protected
Material at trial or other court hearings or proceedings shall
be governed by the orders of the trial judge. The stipulation
should, thus, include language to make this explicit.
2.
The stipulation needs to be revised to make clear that the terms of
the Protective 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.
3.
The parties shall include a statement of good cause, as
required by Fed. R. Civ. P. 26(c). Such showing should be
MINUTES FORM 11
CIVIL-GEN
Initials of Deputy Clerk dts
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES--GENERAL
Case No.: EDCV 15-00196-VAP (KKx)
Big Bear Resorts, Inc. et al. v. Firstcomp Insurance Agency, et al.
June 22, 2015
Page 2
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made separate from the parties’ stipulation regarding the
terms of the proposed protective order.
4.
Proposed ¶¶ 5 and 13 need to be revised to make clear that
any motion challenging a party’s designation of material as
Confidential Information or seeking to modify or amend the
proposed Protective Order must be brought in strict
compliance with Local Rules 37-1 and 37-2 (including the
Joint Stipulation requirement).
5.
Proposed ¶8 need to be revised to make clear 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 Protected Material at issue. If a
Party's request to file Protected Material under seal is
denied by the court, then the Receiving Party may file the
information in the public record unless otherwise instructed
by the court.
6.
The Protective Order shall unequivocally state that nothing
in the protective order shall be construed as authorizing a
party to disobey a lawful subpoena or court order issued in
another action.
7.
The signature block for the judge in the proposed Order needs to
be changed to the signature block for the Magistrate Judge.
///
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MINUTES FORM 11
CIVIL-GEN
Initials of Deputy Clerk dts
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES--GENERAL
Case No.: EDCV 15-00196-VAP (KKx)
Big Bear Resorts, Inc. et al. v. Firstcomp Insurance Agency, et al.
June 22, 2015
Page 3
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The parties are further directed to the Court’s sample stipulated protective
order located on the Court’s website for a sample of the format of an approved
stipulated protective order. The parties are strongly encouraged to use the language
contained in the approved stipulated protective order.
cc:
Judge Virginia A. Phillips
MINUTES FORM 11
CIVIL-GEN
Initials of Deputy Clerk dts
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