Beaulieu Group, LLC v. Mike Bates

Filing 49

MINUTES (IN CHAMBERS) ORDER: RE: PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 48 The parties are advised that the Court declines to issue the proposed protective order to which they have stipulated (SEE ORDER FOR DETAILS) (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

EDCV 15-1090-JGB (KKx)

Date: June 10, 2016

Title: Beaulieu Group, LLC v. Mike Bates

Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
DEB TAYLOR

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

Order re: Stipulated Protective Order [Dkt. 48]

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.
Proposed ¶ 6.1 must be revised to make clear that any challenges to a designation
of confidentiality may be made at any time that is consistent with the Court’s Scheduling Order.
2.
Proposed ¶ 6 must be revised make clear that any motion challenging a party’s
designation of material as Confidential Information or seeking to retain confidentiality must be
brought in strict compliance with Local Rules 37-1 and 37-2 (including the Joint Stipulation
requirement).
3.
Proposed ¶¶ 7.2 and 7.3 must be revised to make clear that the terms of the
Protective Order do not apply to the Court and court personnel, including the Court’s court
reporters, 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. Nor should the terms of
the Protective Order prohibit disclosure to any mediator or settlement officer, and their
supporting personnel, mutually agreed upon by any of the parties engaged in settlement
discussions.

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4.
The Court notes Local Rule 79 was revised effective December 1, 2015. The
Court directs the parties to review the revised rules. Proposed ¶ 12.3 needs to be revised to (a)
delete references to subsections that do not exist in the current version of the Local Rules, and
(b) delete the following sentence: “Pursuant to Civil Local Rule 79-5, a sealing order will issue
only upon a request establishing that the Protected Material at issue is privileged, protectable as a
trade secret, or otherwise entitled to protection under the law.”
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:

District Judge Jesus G. Bernal

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