Federal Trade Commission v. Commerce Planet, Inc. et al

Filing 220

PROTECTIVE ORDER by Judge Cormac J. Carney, TO TREAT AS CONFIDENTIAL PLAINTIFF'S TRIAL EXHIBITS 326, 1180, 1185, 1187, 1240-45, 1262, AND 1286 re Stipulation for Protective Order 219 : IT IS HEREBY ORDERED THAT: In the event the below-referenced exhibits are offered into evidence, they shall be preserved as confidential. Defendant Charles Gugliuzza does not waive any objections to the introduction of the below-referenced exhibits at trial. The proposed exhibits covered by this Protective Order shall include the following: (See document for further details.) (rla)

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WILLARD K. TOM
General Counsel
DAVID M. NEWMAN (Calif. Bar #54218)
ERIC D. EDMONDSON (D.C. Bar #450294)
EVAN ROSE (Calif. Bar #253478)
KERRY O’BRIEN (Calif. Bar #149264)
Federal Trade Commission
901 Market Street, Suite 570
San Francisco, CA 94103
P: 415-848-5100; F: 415-848-5184
[e-mail]; [e-mail]
[e-mail]; [e-mail]

RAYMOND E. MCKOWN (Calif. Bar #150975)
Federal Trade Commission
9 10877 Wilshire Boulevard, Suite 700
Los Angeles, CA 90024
10 P: 310-824-4343; F: 310-824-4380
[e-mail]
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Attorneys for Plaintiff
Federal Trade Commission

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION

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FEDERAL TRADE COMMISSION,

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Plaintiff,

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v.

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COMMERCE PLANET, INC., a
corporation,
and
MICHAEL HILL, CHARLES
GUGLIUZZA, and
AARON GRAVITZ, individually and as
officers of COMMERCE PLANET, INC.,
Defendants.

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PROTECTIVE ORDER

Case No. SACV-09-01324 CJC
(RNBx)
[PROPOSED]
PROTECTIVE ORDER TO
TREAT AS CONFIDENTIAL
PLAINTIFF’S TRIAL
EXHIBITS 326, 1180, 1185,
1187, 1240-45, 1262, AND 1286

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Trial commenced in this matter on Tuesday, January 31, 2012. In the

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presentation of its case, Plaintiff has offered or intends to offer into evidence

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certain exhibits that contain personal data identifiers, as defined in Local Rule 79-

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5.4, such as home addresses. All of these proposed exhibits (with the exception of

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Exhibits 326 and 1262) are electronically stored information (“ESI”) kept in their

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native format, and all are quite voluminous. Plaintiff has offered or intends to

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offer them as foundational evidence to support its claims. As such, these proposed

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exhibits cannot be redacted pursuant to L.R. 79-5.4 because: (1) any such

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redaction would materially change the ESI within them and thereby threaten their

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evidentiary value; and/or (2) redaction is impractical because the exhibits are so

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voluminous.

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In order to protect the personal data identifiers in these proposed exhibits,

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and for good cause shown,

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IT IS HEREBY ORDERED THAT:

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In the event the below-referenced exhibits are offered into evidence, they

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shall be preserved as confidential. Defendant Charles Gugliuzza does not waive

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any objections to the introduction of the below-referenced exhibits at trial. The

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proposed exhibits covered by this Protective Order shall include the following:

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Exhibit
Plaintiff’s Exhibit 326

Description
Excel spreadsheet of consumer complaints

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received by Commerce Planet (spreadsheet

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Plaintiff’s Exhibit 1180

created by Bruce Gale)
Gale Dec Attachment 4 (Email archives)

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Plaintiff’s Exhibits 1185,

FTC_CP_005794.xls [native file]
Customer service call recordings

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1187, and 1240-41
Plaintiff’s Exhibits 1242-45

Email complaint files in .pst format

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PROTECTIVE ORDER

Page 2

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Exhibit
Plaintiff’s Exhibit 1262

Description
Scanned hard copy consumer complaints in

Plaintiff’s Exhibit 1286

.pdf format
Customer database in .mdb format

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At all trial proceedings in this matter, the above proposed exhibits will be

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covered by this Protective Order and shall be used only for prosecution and/or

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defense of this or other litigation involving the Plaintiff and Trial Defendant and

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under no circumstances, other than those specifically provided for in this or

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subsequent court orders, shall such material be disclosed to persons other than

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Qualified Persons.

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“Qualified person(s)” shall mean and refer to:
(a)

Outside or inside counsel that have appeared for Plaintiff or

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Trial Defendant in the captioned case and regular and

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temporary employees of such counsel assisting in the conduct

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of such case, including employees of any firm retained to

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reproduce the above proposed exhibits for use in accordance

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with this Protective Order;

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(b)

Experts or consultants assisting counsel in this litigation;

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(c)

Employees of Trial Defendant who are required to assist
counsel in the conduct of this action;

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(d)

Employees of the Federal Trade Commission or other United

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States law enforcement agency involved in investigating or

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litigating against the defendants;

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(e)

Directors, officers, and employees of Defendants who are

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designated as trial witnesses and other persons who counsel for

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Plaintiff in good faith believes may be fact or expert witnesses

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at trial to the extent deemed necessary by counsel for the
PROTECTIVE ORDER

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witnesses’ preparation for testimony;

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(f)

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Witnesses, and their counsel, during the course of testimony

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presented in this action, and court reporters and persons

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preparing transcripts of that testimony;

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(g)

The Court and Court personnel;

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(h)

Any person, pursuant to a stipulation by Plaintiff and Trial
Defendant; and

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(i)

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Other persons only upon order of the Court.

Each person given access to the above proposed exhibits shall be advised

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that the material or information is being disclosed pursuant and subject to the

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terms of this Protective Order and may not be disclosed other than pursuant to its

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terms.

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IT IS SO ORDERED:

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Dated: February 14, 2012

_________________________________
UNITED STATES DISTRICT JUDGE

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Presented by:

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/s/ Evan Rose
DAVID M. NEWMAN
23 ERIC D. EDMONDSON
EVAN ROSE
24 KERRY O’BRIEN
RAYMOND E. MCKOWN
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Attorneys for Plaintiff
FEDERAL TRADE COMMISSION

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PROTECTIVE ORDER

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