Mophie Inc et al v. Loza and Loza LLP et al

Filing 28

PROTECTIVE ORDER by Magistrate Judge Marc L. Goldman granting Stipulation for Protective Order 22 . See document for further details. (dv)

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KATHRYN LEE BOYD, ESQ. (SBN 189496)
[e-mail]
JEFF D. NEIDERMAN, ESQ. (SBN 203818)
[e-mail]
SCHWARCZ, RIMBERG, BOYD & RADER LLP
6310 San Vicente Boulevard, Suite 360
Los Angeles, California 90048
Phone: [phone]
Fax: [phone]

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Attorneys for PLAINTIFFS
Mophie, Inc., and Daniel Huang

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UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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MOPHIE, INC., formerly known as
mSTATION Corporation, a California
Corporation, and DANIEL HUANG,
an individual,

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Plaintiffs,

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Case No. 8:11-cv-00539-DOC-(MLGx)
Assigned to the Honorable David O.
Carter, U.S.D.J.
ORDER GRANTING STIPULATION
FOR PROTECTIVE ORDER

vs.

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LOZA & LOZA, LLP, a California
Limited Liability Partnership, JULIO
LOZA, an individual and CHRISTINE
S. LOZA, an individual,

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Defendants.

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SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048

ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER
Case No. 8:11-cv-00539-DOC-(MLGx)

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Pursuant to the Stipulation between Plaintiffs MOPHIE, INC. and DANIEL

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HUANG (“Plaintiffs”) and Defendants LOZA & LOZA, LLP, JULIO LOZA and

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CHRISTINA S. LOZA (“Defendants”) (individually, a “party,” together, the

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“parties”)and FOR GOOD CAUSE SHOWN, it is hereby ORDERED that a

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Protective Order (“Order”) be issued pursuant to Rule 26(c) of the Federal Rules

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of Civil Procedure as follows:

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1.

Plaintiffs and Defendants acknowledge that disclosure and discovery

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activity in this litigation could potentially involve the production of confidential,

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proprietary, sensitive or private information, for which special protection from

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public dissemination or disclosure (and from use for any purpose other than

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prosecuting and defending this matter) would be warranted.
Part One: Use of Designated Materials in Discovery

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2.

Information, material and/or discovery responses may be designated

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pursuant to this Order by the person or entity producing, lodging it or otherwise

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furnishing it or by any party to this action (the “Designating Party") if: (a)

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provided or served, formally or informally, in response to any other formal or

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informal discovery request, subpoena, deposition notice or order in this action;

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and/or (b) filed or lodged with the Court. All such information, material and/or

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discovery responses and all information or material derived therefrom is

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“Designated Material” under this Order, whether labeled as “CONFIDENTIAL” or

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"HIGHLY CONFIDENTIAL” as set forth below. Unless and until otherwise

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ordered by the Court or agreed to in writing by the parties, Designated Material

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shall be used only in the litigation and preparation for trial of this action and shall

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not be used or disclosed by the receiving party except as expressly provided under

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the terms of this Order.

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3.

Any party or non-party may designate as “Confidential Information”

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(by stamping the relevant page “CONFIDENTIAL” or as otherwise set forth

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herein) any document or response to discovery for the purposes of (i) avoiding
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SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048

ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER
Case No. 8:11-cv-00539-DOC-(MLGx)

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invasions of individual privacy and protecting non-public proprietary information

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and confidential business, technical, financial and/or personal information relating

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to the Designating Party's business, technical, financial, or personal affairs, subject

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to protection under Rule 26(c) of the Federal Rules of Civil Procedure (“FRCP”)

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or under other provisions of California law. Any party or non-party may designate

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as “Highly Confidential Information” (by stamping the relevant page “HIGHLY

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CONFIDENTIAL” or as otherwise set forth herein) any document or response to

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discovery which that party or non-party considers in good faith to contain

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information involving trade secrets, or confidential business or financial

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information, subject to protection under FRCP Rule 26(c) or under other

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provisions of California law. Where a document or response consists of more than

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one page, the first page and each page on which Designated Material appears shall

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be so designated.

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4.

A party or non-party may designate information disclosed during a

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deposition or in response to written discovery as “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL” by so indicating in said responses or on the record

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at the deposition and requesting the preparation of a separate transcript of such

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material. In addition, a party or non-party may designate in writing, within thirty

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(30) days after receipt of said responses or of the deposition transcript for which

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the designation is proposed, that specific pages of the transcript and/or specific

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responses be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.”

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Any other party may object to such proposal, in writing or on the record. Upon

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such objection, the parties shall follow the procedures described herein. After any

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designation made according to the procedure set forth herein, the designated

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documents or information shall be treated according to the designation until the

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matter is resolved according to the procedures described herein.

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5.

All Designated Material produced or exchanged in the course of this

case (not including information that is publicly available) shall be used by the
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SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048

ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER
Case No. 8:11-cv-00539-DOC-(MLGx)

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party or parties to whom the information is produced solely for the purpose of this

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case.

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6.

Except with the prior written consent of the other parties, or upon

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prior order of the Court obtained upon notice to opposing counsel, Confidential

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Information shall not be disclosed to any person other than:
(a)

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counsel for the respective parties to this litigation, including in-

house counsel and co-counsel retained for this litigation;

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(b)

employees of such counsel;

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(c)

individual parties or officers or employees of a party, to the

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extent deemed necessary by counsel for the prosecution or defense of this

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litigation;

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(d)

consultants or expert witnesses retained for the prosecution or

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defense of this litigation, provided that each such person shall execute a copy of

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the Certification annexed to this Order (which shall be retained by counsel to the

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party so disclosing the Confidential Information and made available for inspection

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by opposing counsel during the pendency or after the termination of the action

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only upon good cause shown and upon order of the Court) before being shown or

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given any Confidential Information;

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(e)

any authors or recipients of the Confidential Information;

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(f)

the Court, Court personnel, and court reporters; and

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(g)

witnesses (other than persons described in paragraph 5(e)). A

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witness shall sign the Certification before being shown Confidential Information.

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Confidential Information may be disclosed to a witness who will not sign the

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Certification only in a deposition at which the party who designated the

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Confidential Information is represented or has been given notice that Confidential

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Information produced by the party may be used. At the request of any party, the

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portion of the deposition transcript involving the Confidential Information shall be

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designated “CONFIDENTIAL” pursuant to paragraph 3 above. Witnesses shown
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SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048

ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER
Case No. 8:11-cv-00539-DOC-(MLGx)

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Confidential Information shall not be allowed to retain copies.
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Except with the prior written consent of the other parties, or upon

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prior order of the Court obtained upon notice to opposing counsel, Highly

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Confidential Information shall not be disclosed to any person other than:
(a)

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house counsel and/or legal personnel and co-counsel retained for this litigation;
(b) employees of such counsel;
(c)

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consultants or expert witnesses retained for the prosecution or

defense of this litigation, provided that each such person shall execute a copy of
the Certification annexed to this Order (which shall be retained by counsel to the
party so disclosing the Highly Confidential Information and made available for
inspection by opposing counsel during the pendency or after the termination of the
action only upon good cause shown and upon order of the Court) before being
shown or given any Highly Confidential Information;
(d)

any authors or recipients of the Highly Confidential

(e)

the Court, Court personnel, and court reporters; and

(f)

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counsel for the respective parties to this litigation, including in-

witnesses (other than persons described in paragraph 6(c)). A

Information;

witness shall sign the Certification before being shown Highly Confidential
Information. Highly Confidential Information may be disclosed to a witness who
will not sign the Certification only in a deposition at which the party who
designated the Highly Confidential Information is represented or has been given
notice that Highly Confidential Information produced by the party may be used.
At the request of any party, the portion of the deposition transcript involving the
Highly Confidential Information shall be designated “HIGHLY
CONFIDENTIAL” pursuant to paragraph 3 above. Witnesses shown Highly
Confidential Information shall not be allowed to retain copies.

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-4SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048

ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER
Case No. 8:11-cv-00539-DOC-(MLGx)

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8.

Any persons receiving Designated Material shall not reveal or discuss

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such information to or with any person who is not entitled to receive such

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information, except as set forth herein.

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9.

If a party contends that any Designated Material is not entitled to

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treatment as such, that party may at any time give written notice to the party or

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non-party who designated the material. The party or non-party who designated the

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material shall have thirty (30) days from the receipt of such written notice to apply

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to the Court for an order confirming designation of the material as Confidential

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Information or as Highly Confidential Information. The party or non-party

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seeking the order has the burden of establishing that the document is entitled to

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protection.

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10.

Notwithstanding any challenge to Designated Material as provided in

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the preceding paragraph, all documents so designated shall be treated as such and

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shall be subject to the provisions hereof unless and until one of the following

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occurs:
(a)

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the party or non-party who designated the Designated Material

as such withdraws such designation in writing; or
(b)

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the party or non-party who designated the Designated Material

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as such fails to apply to the Court for an order designating the material confidential

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within the time period specified above after receipt of a written challenge to such

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designation; or

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(c)

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the Court rules the material is not Confidential Information or

Highly Confidential Information.
11.

All provisions of this Order restricting the communication or use of

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Designated Material shall continue to be binding after the conclusion of this

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action, unless otherwise agreed or ordered. Upon conclusion of the litigation, a

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party in the possession of Designated Material, other than that which is contained

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in pleadings, correspondence, and deposition transcripts, shall either (a) return
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SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048

ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER
Case No. 8:11-cv-00539-DOC-(MLGx)

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such materials no later than thirty (30) days after conclusion of this action to

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counsel for the party or non-party who provided such information, or (b) destroy

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such materials within the time period upon consent of the party who provided the

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materials and certify in writing within thirty (30) days that the documents have

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been destroyed.

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12.

Nothing herein shall be deemed to waive any applicable privilege or

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work product protection, or to affect the ability of a party to seek relief for an

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inadvertent disclosure of material protected by privilege or work product

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protection. If any person inadvertently produces any Designated Materials without

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marking it with the appropriate legend, the producing party may give written

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notice within 30 days to the receiving party or parties, including appropriately

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stamped copies of the Designated Material, that the document, thing, or response is

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deemed Designated Material and should be treated as such in accordance with the

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provisions of this Order. Thereafter, such material shall be treated in accordance

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with the provisions of this Order.

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13.

Nothing in this Order shall be construed to affect either the

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discoverability, admissibility or use at trial of any document or thing, nor shall any

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party's or nonparty's assent to this Order be deemed to waive that party's or non-

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party's right to object to the production of documents and things on appropriate

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grounds or to move to compel the production of documents and things wrongfully

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withheld from production. No party may refer to this Order or the designation of

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Confidential Information or Highly Confidential Information as proof that such

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Designated Material is actually confidential or constitutes (or contains) sensitive

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business, technical, financial or personal information.

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14.

Nothing in this Order shall prevent or otherwise restrict counsel from

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rendering advice to their clients and, in the course of rendering such advice,

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relying upon the examination of materials designated as Designated Material. In

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rendering such advice and otherwise communicating with the client, however,
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SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048

ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER
Case No. 8:11-cv-00539-DOC-(MLGx)

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counsel shall not make any disclosure of any Designated Material, except as

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permitted by this Order.
Part Two: Modification and Survival

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15.

The parties reserve the right to seek modification of this Order at any

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time for good cause. The parties agree to meet and confer prior to seeking to

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modify this Order for any reason. The restrictions imposed by this Order may only

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be modified or terminated by written stipulation of the parties in this action or by

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order of this Court.

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16.

This stipulation is for the Court’s consideration and approval as an

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order. It shall not be construed to create a contract between the parties or between

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the parties and their respective counsel.

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17.

The Court retains jurisdiction to make such amendments,

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modifications, and additions to this as he or she may from time to time deem

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appropriate.

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IT IS SO ORDERED.

MARC L. GOLDMAN

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DATED: December 7, 2011

_____________________________
Honorable Marc L. Goldman
United States Magistrate Judge

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-7SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048

ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER
Case No. 8:11-cv-00539-DOC-(MLGx)

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CERTIFICATION

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I hereby certify my understanding that Designated Material is being

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provided to me pursuant to the terms and restrictions of the Proposed Stipulated

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Protective Order (“Order”) dated _____________________, in Mophie, Inc., et al.

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v. Loza & Loza, LLP, et al., Case No. 11-00539-DOC (MLGx). I have been given

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a copy of the Order and have read it carefully.

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I agree to be bound by the Order. I will not reveal the Designated Material

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to anyone, except as allowed by the Order. I will maintain all such Designated

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Material -- including copies; notes, or other transcriptions made therefrom -- in a

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secure manner to prevent unauthorized access to it. No later than thirty (30) days

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after the conclusion of this action, I will return the Designated Material --

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including copies, notes, or other transcriptions made therefrom -- to the counsel

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who provided me with the Designated Material. I hereby consent to the

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jurisdiction of the United States District Court for the Central District of

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California, for the purpose of enforcing the Confidentiality Order.

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I declare under penalty of perjury under the laws of the State of California

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that the foregoing is true and correct and that this certificate is executed this ___

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day of ___________________, 201_.

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By: _________________________

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Address: _____________________

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_____________________________

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Phone: _______________________

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-8SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048

ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER
Case No. 8:11-cv-00539-DOC-(MLGx)