Securities and Exchange Commission v. David Welch et al

Filing 53

ORDER ON STIPUATION FOR PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. re Stipulation for Protective Order 51 . NOTE CHANGES MADE BY THE COURT. (See Order for Further Details) (kl)

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5:17-cv-01968-JFW-AGR Document 51-1 Filed 12/14/17 Page 1 of 3 Page ID #:303

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,

Case No. 5:17-cv-01968-JFW (AGRac)
ORDER ON STIPULATION FOR
PROTECTIVE ORDER

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vs.
DAVID HOWARD WELCH,
MARC JAY BRYANT,
JOHN CHARLES KNIGHT,
PERRY DOUGLAS WEST,
BIO-GLOBAL RESOURCES,INC.,
DIVERSIFIED EQUITIES,INC.,
DIVERSIFIED EQUITIES
DEVELOPMENT,INC.,
and NEW GLOBAL ENERGY,INC.,

Ctrm: 7A
Judge: Hon. John F. Walter

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Defendants.

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ORDER
The Stipulation For Protective Order("Stipulation") made by and among

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Securities and Exchange Commission ("SEC"), and Defendants Perry
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West and New Global Energy Inc.(referred to as the "Parties"), by and
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their respective counsel of record, having been considered by this Court and
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Stipulated Protective Order

Case No. 5:17-cv-1968-JFW (AGRx)

e 5:17-cv-01968-JFW-AGR Document 51-1 Filed 12/14/17 Page 2 of 3 Page ID #:304

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good cause appearing therefore, the Court ORDERS as follows:

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The Stipulation is approved in its entirety.

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Confidential Information shall be disclosed only to the Parties to this

4 action, their counsel and their counsel's paralegals, their experts, necessary non-party
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witnesses, court personnel, and the jury.
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The Parties to this action and their counsel shall keep the Confidential

7 Information confidential and shall in no way divulge it to any person or entity, except
8 to such experts, consultants and non-party witnesses to whom the records and their
9 contents shall be disclosed solely for the purpose of properly preparing for and trying
10 the action.
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4.

The Parties acknowledge that this Order does not entitle them to seal all

12 Confidential Information filed with the Court.
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5.

In the event a party seeks to file any document containing Confidential

14 Information subject to protection under this Order with the Court, that party must take
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appropriate action to insure that the document receives proper protection from public

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dis losure including:(a)filing a redacted documental

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6.

If a party challenges another party's designation of Confidential

27 Information, the challenging party shall notify the designating party in writing.
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Within 5 days of written notice being provided, the parties shall confer about the
Order on Stipulation For Protective Order

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Case No. 5:17-cv-1968-JFW(AGRx)

5:17-cv-01968-JFW-AGR Document 51-1 Filed 12/14/17 Page 3 of 3 Page ID #:305

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designation. If the parties are unable to resolve the dispute after conferring, the

2 challenging party may file a motion with the Court, requesting an Order stating that
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the disputed information is not Confidential Information. The information designated

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as Confidential Information shall be treated as such during the pendency ofthe

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motion challenging the designation.

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The terms of this protective order do not preclude, limit, restrict, or

7 otherwise apply to the use of documents at court proceedings. Subject to the Federal
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Rules of Evidence, a document containing Confidential Information may be offered

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into evidence at trial or any court hearing, provided that the proponent ofthe

10 evidence gives five (5)days advance notice to opposing counsel of the intended use
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ofthe document as may be required by a scheduling or other order. Any party may

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move the Court for an order that the confidential document be received in camera or

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under other conditions to prevent unnecessary disclosure. The Court will then

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determine whether the proffered evidence should continue to be treated as a

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confidential document and, if so, what protections) may be afforded to such

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information at the

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8.

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hearing. phis

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SO ORDERED.

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This Order does not apply to court personnel and jurors.

Dated: ~~ ~r~rj ~ 20 Ig

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BY THE COURT:

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UNITED STATES L~~n~T JUDGE

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Order on Stipulation For Protective Order

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Case No. 5:17-cv-1968-JFW (AGRx)