Beats Electronics LLC v. Yamaha Corporation of America

Filing 41

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 40 . (See Protective Order for details.) (wr)

1
2
3
4
5
6
7
8
9
10
11
12

MICHAEL J. BETTINGER (NO. 122196)
[e-mail]
SHANE BRUN (NO.179079)
[e-mail]
RACHEL R. DAVIDSON (NO. 215517)
[e-mail]
J. MICHAEL KEYES (NO. 262281)
[e-mail]
K&L GATES LLP
4 Embarcadero Center, Suite 1200
San Francisco, CA 94111
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff BEATS ELECTRONICS,
LLC
[Counsel for Defendant listed on next page]
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

13
14
15
16
17

BEATS ELECTRONICS, LLC,
v.

Plaintiff,

YAMAHA CORPORATION OF
AMERICA,
Defendant.

Case No. SACV 13-00209-CJCJPR
STIPULATED PROTECTIVE
ORDER

18
19
20

YAMAHA CORPORATION OF
AMERICA,
Counter-Claimant,

21
22
23
24

v.
BEATS ELECTRONICS, LLC,
Counter-Defendant

25
26
27
28
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)

1
2
3
4
5
6
7
8
9
10
11
12
13

DAVID L. FEHRMAN (CA SBN 87400)
[e-mail]
BITA RAHEBI (CA SBN 209351)
[e-mail]
MORRISON & FOERSTER LLP
707 Wilshire Boulevard, Suite 6000
Los Angeles, CA 90017-3543
Telephone: [phone]
Facsimile: [phone]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
JOYCE LIOU (CA SBN 277720)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
YAMAHA CORPORATION OF AMERICA

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)

1

1.

PURPOSES AND LIMITATIONS

2

Disclosure and discovery activity in this action are likely to involve

3

production of confidential, proprietary, or private information for which special

4

protection from public disclosure and from use for any purpose other than

5

prosecuting this litigation may be warranted. Accordingly, the parties hereby

6

stipulate to and petition the court to enter the following Stipulated Protective Order.

7

The parties acknowledge that this Order does not confer blanket protections on all

8

disclosures or responses to discovery and that the protection it affords from public

9

disclosure and use extends only to the limited information or items that are entitled

10

to confidential treatment under the applicable legal principles. The parties further

11

acknowledge, as set forth in Paragraph 14.3, below, that this Stipulated Protective

12

Order does not entitle them to file confidential information under seal; Civil Local

13

Rule 79-5 sets forth the procedures that must be followed when a Party seeks

14

permission from the Court to file material under seal.

15

2.

16
17
18

DEFINITIONS
2.1

Challenging Party: a Party or Non-Party that challenges the

designation of information or items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless of

19

how it is generated, stored or maintained) or tangible things that qualify for

20

protection under Federal Rule of Civil Procedure 26(c).

21
22
23

2.3

Counsel (without qualifier): Outside Counsel of Record and In-house

Counsel (as well as their support staff).
2.4

Designating Party: a Party or Non-Party that designates information or

24

items that it produces in disclosures or in responses to discovery as

25

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

26

ONLY.”

27
28

2.5

Disclosure or Discovery Material: all items or information, regardless

of the medium or manner in which it is generated, stored, or maintained (including,
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
1

1

among other things, testimony, transcripts, and tangible things), that are produced

2

or generated in disclosures or responses to discovery in this matter.

3

2.6

Expert: a person with specialized knowledge or experience in a matter

4

pertinent to the litigation who (1) has been retained by a Party or its counsel to

5

serve as an expert witness or as a consultant in this action, (2) is not a past or

6

current employee of a Party, and (3) at the time of retention, is not anticipated to

7

become an employee of a Party or of a Party’s competitor.

8
9

2.7

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Information or Items: extremely sensitive “Confidential Information or Items,”

10

disclosure of which to another Party or Non-Party would create a substantial risk of

11

serious harm that could not be avoided by less restrictive means.

12

2.8

In-house Counsel: attorneys who are employees of a party to this

13

action. In-house Counsel does not include Outside Counsel of Record or any other

14

outside counsel.

15

2.9

16
17

Non-Party: any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this action.
2.10 Outside Counsel of Record: attorneys who are not employees of a

18

party to this action but are retained to represent or advise a party to this action and

19

have appeared in this action on behalf of that party or are affiliated with a law firm

20

which has appeared on behalf of that party.

21

2.11 Party: any party to this action, including all of its officers, directors,

22

employees, consultants, retained experts, and Outside Counsel of Record (and their

23

support staffs).

24
25

2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.

26

2.13 Professional Vendors: persons or entities that provide litigation

27

support services (e.g., photocopying, videotaping, translating, preparing exhibits or

28
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
2

1

demonstrations, and organizing, storing, or retrieving data in any form or medium)

2

and their employees and subcontractors.

3

2.14 Protected Material: any Disclosure or Discovery Material that is

4

designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –

5

ATTORNEYS’ EYES ONLY.”

6

2.15 Receiving Party: a Party that receives Disclosure or Discovery

7

Material from a Producing Party.

8

3.

SCOPE

9

The protections conferred by this Stipulation and Order cover not only

10

Protected Material (as defined above), but also (1) any information copied or

11

extracted from Protected Material; (2) all copies, excerpts, summaries, or

12

compilations of Protected Material; and (3) any testimony, conversations, or

13

presentations by Parties or their Counsel that might reveal Protected Material.

14

However, the protections conferred by this Stipulation and Order do not cover the

15

following information: (a) any information that is in the public domain at the time

16

of disclosure to a Receiving Party or becomes part of the public domain after its

17

disclosure to a Receiving Party as a result of publication not involving a violation

18

of this Order, including becoming part of the public record through trial or

19

otherwise; and (b) any information known to the Receiving Party prior to the

20

disclosure or obtained by the Receiving Party after the disclosure from a source

21

who obtained the information lawfully and under no obligation of confidentiality to

22

the Designating Party. Any use of Protected Material at trial shall be governed by a

23

separate agreement or order.

24

4.

25

DURATION
Even after final disposition of this litigation, the confidentiality obligations

26

imposed by this Order shall remain in effect until a Designating Party agrees

27

otherwise in writing or a court order otherwise directs. Final disposition shall be

28

deemed to be the later of (1) dismissal of all claims and defenses in this action, with
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
3

1

or without prejudice; and (2) final judgment herein after the completion and

2

exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

3

including the time limits for filing any motions or applications for extension of time

4

pursuant to applicable law.

5

5.

6

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

7

Each Party or Non-Party that designates information or items for protection under

8

this Order must take care to limit any such designation to specific material that

9

qualifies under the appropriate standards. To the extent it is practical to do so, the

10

Designating Party must designate for protection only those parts of material,

11

documents, items, or oral or written communications that qualify – so that other

12

portions of the material, documents, items, or communications for which protection

13

is not warranted are not swept unjustifiably within the ambit of this Order.

14

Mass, indiscriminate, or routinized designations are prohibited. Designations

15

that are shown to be clearly unjustified or that have been made for an improper

16

purpose (e.g., to unnecessarily encumber or retard the case development process or

17

to impose unnecessary expenses and burdens on other parties) expose the

18

Designating Party to sanctions.

19

If it comes to a Designating Party’s attention that information or items that it

20

designated for protection do not qualify for protection at all or do not qualify for the

21

level of protection initially asserted, that Designating Party must promptly notify all

22

other parties that it is withdrawing the mistaken designation.

23

5.2

Manner and Timing of Designations. Except as otherwise provided in

24

this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

25

stipulated or ordered, Disclosure or Discovery

26
27
28

Material that qualifies for protection under this Order must be clearly so
designated before the material is disclosed or produced.
Designation in conformity with this Order requires:
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
4

1

(a) for information in documentary form (e.g., paper or electronic documents,

2

but excluding transcripts of depositions or other pretrial or trial proceedings), that

3

the Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY

4

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains

5

protected material. If only a portion or portions of the material on a page qualifies

6

for protection, the Producing Party also must clearly identify the protected

7

portion(s) (e.g., by making appropriate markings in the margins) and must specify,

8

for each portion, the level of protection being asserted.

9

A Party or Non-Party that makes original documents or materials available

10

for inspection need not designate them for protection until after the inspecting Party

11

has indicated which material it would like copied and produced. During the

12

inspection and before the designation, all of the material made available for

13

inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

14

ONLY.” After the inspecting Party has identified the documents it wants copied

15

and produced, the Producing Party must determine which documents, or portions

16

thereof, qualify for protection under this Order. Then, before producing the

17

specified documents, the Producing Party must affix the appropriate legend

18

(“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

19

ONLY”) to each page that contains Protected Material. If only a portion or portions

20

of the material on a page qualifies for protection, the Producing Party also must

21

clearly identify the protected portion(s) (e.g., by making appropriate markings in

22

the margins) and must specify, for each portion, the level of protection being

23

asserted.

24

(b) for testimony given in deposition or in other pretrial or trial proceedings,

25

that the Designating Party identify on the record, before the close of the deposition,

26

hearing, or other proceeding, all protected testimony and specify the level of

27

protection being asserted. When it is impractical to identify separately each portion

28

of testimony that is entitled to protection and it appears that substantial portions of
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
5

1

the testimony may qualify for protection, the Designating Party may invoke on the

2

record (before the deposition, hearing, or other proceeding is concluded) a right to

3

have up to 30 days after receiving a final copy of the deposition transcript to

4

identify the specific portions of the testimony as to which protection is sought and

5

to specify the level of protection being asserted. Only those portions of the

6

testimony that are appropriately designated for protection within the 30 days shall

7

be covered by the provisions of this Stipulated Protective Order. Alternatively, a

8

Designating Party may specify, at the deposition or up to 30 days afterwards if that

9

period is properly invoked, that the entire transcript shall be treated as

10

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

11

ONLY.”

12

Parties shall give the other parties notice if they reasonably expect a

13

deposition, hearing or other proceeding to include Protected Material so that the

14

other parties can ensure that only authorized individuals who have signed the

15

“Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those

16

proceedings. The use of a document as an exhibit at a deposition shall not in any

17

way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

18

– ATTORNEYS’ EYES ONLY.”

19

Transcripts containing Protected Material shall have an obvious legend on

20

the title page that the transcript contains Protected Material. Any transcript that is

21

prepared before the expiration of a 30-day period for designation shall be treated

22

during that period as if it had been designated “HIGHLY CONFIDENTIAL –

23

ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the

24

expiration of that period, the transcript shall be treated only as actually designated.

25

(c) for information produced in some form other than documentary and for

26

any other tangible items, that the Producing Party affix in a prominent place on the

27

exterior of the container or containers in which the information or item is stored the

28

legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
6

1

EYES ONLY.” If only a portion or portions of the information or item warrant

2

protection, the Producing Party, to the extent practicable, shall identify the

3

protected portion(s) and specify the level of protection being asserted.

4

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

5

failure to designate qualified information or items does not waive the Designating

6

Party’s right to secure protection under this Order for such material. Upon timely

7

correction of a designation, the Receiving Party must make reasonable efforts to

8

assure that the material is treated in accordance with the provisions of this Order.

9

6.

10

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a

11

designation of confidentiality at any time. Unless a prompt challenge to a

12

Designating Party’s confidentiality designation is necessary to avoid foreseeable,

13

substantial unfairness, unnecessary economic burdens, or a significant disruption or

14

delay of the litigation, a Party does not waive its right to challenge a confidentiality

15

designation by electing not to mount a challenge promptly after the original

16

designation is disclosed.

17

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

18

resolution process in accordance with Civil Local Rule 37-1 by providing a written

19

notice to the Designating Party that identifies each designation it is challenging,

20

describes the basis for each challenge, and requests a conference to resolve the

21

dispute. To avoid ambiguity as to whether a challenge has been made, the written

22

notice must recite that the challenge to confidentiality is being made in accordance

23

with this specific paragraph of the Protective Order. Pursuant to Civil Local Rule

24

37-1, the parties shall attempt to resolve each challenge by conferring in good faith

25

and conferring directly (in voice to voice dialogue; other forms of communication

26

are not sufficient) within 10 days of the date of service of the Challenging Party’s

27

notice. In conferring, the Challenging Party must explain the basis for its belief that

28

the confidentiality designation was not proper and must give the Designating Party
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
7

1

an opportunity to review the designated material, to reconsider the circumstances,

2

and, if no change in designation is offered, to explain the basis for the chosen

3

designation. A Challenging Party may proceed to the next stage of the challenge

4

process only if it has engaged in this meet and confer process first or establishes

5

that the Designating Party is unwilling to participate in the meet and confer process

6

in a timely manner.

7

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without

8

court intervention, the Challenging Party shall file and serve a motion to challenge

9

confidentiality under Civil Local Rule 37. The Challenging Party shall be the

10

“moving party” for the purposes of Civil Local Rule 37-2. The burden of

11

persuasion in any such challenge proceeding shall be on the Designating Party.

12

Frivolous challenges and those made for an improper purpose (e.g., to harass or

13

impose unnecessary expenses and burdens on other parties) may expose the

14

Challenging Party to sanctions. All parties shall continue to afford the material in

15

question the level of protection to which it is entitled under the Producing Party’s

16

designation until the court rules on the challenge.

17

7.

18

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

19

disclosed or produced by another Party or by a Non-Party in connection with this

20

case only for prosecuting, defending, or attempting to settle this litigation. Such

21

Protected Material may be disclosed only to the categories of persons and under the

22

conditions described in this Order. When the litigation has been terminated, a

23

Receiving Party must comply with the provisions of section 15 below (FINAL

24

DISPOSITION).

25
26
27
28
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
8

1

Protected Material must be stored and maintained by a Receiving Party at a

2

location and in a secure manner1 that ensures that access is limited to the persons

3

authorized under this Order.

4

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

5

otherwise ordered by the court or permitted in writing by the Designating Party, a

6

Receiving Party may disclose any information or item designated

7

“CONFIDENTIAL” only to:

8

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

9

employees of said Outside Counsel of Record to whom it is reasonably necessary to

10
11

disclose the information for this litigation;
(b) the officers, directors, and employees (including In-house Counsel)

12

affiliated with the Receiving Party to whom disclosure is reasonably necessary for

13

this litigation and who have signed the “Acknowledgment and Agreement to Be

14

Bound” (Exhibit A);

15

(c) Experts (as defined in this Order) of the Receiving Party who have signed

16

the “Acknowledgment and Agreement to Be Bound” (Exhibit A) and employees of

17

such Experts to whom disclosure is reasonably necessary for this litigation;

18

(d) the court and its personnel;

19

(e) court reporters and their staff, professional jury or trial consultants and

20
21
22
23

professional vendors to whom disclosure is reasonably necessary for this litigation;
(f) the author or recipient of a document containing the information which
indicates on its face that the individual is an author or recipient.
7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

24

ONLY” Information or Items. Unless otherwise ordered by the court or permitted in

25

writing by the Designating Party, a Receiving Party may disclose any information

26
27

1

It may be appropriate under certain circumstances to require the Receiving
Party to store any electronic Protected Material in password-protected form.

28
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
9

1

or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

2

only to:

3

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

4

employees of said Outside Counsel of Record to whom it is reasonably necessary to

5

disclose the information for this litigation;

6

(b) Experts (as defined in this Order) of the Receiving Party who have signed

7

the “Acknowledgment and Agreement to Be Bound” (Exhibit A) and as to whom

8

the procedures set forth in paragraph 7.4(a), below, have been followed and

9

employees of such Experts to whom disclosure is reasonably necessary for this

10

litigation;

11

(c) the court and its personnel;

12

(d) court reporters and their staff, professional jury or trial consultants and

13

professional vendors to whom disclosure is reasonably necessary for this litigation;

14

and

15
16
17

(e) the author or recipient of a document containing the information which
indicates on its face that the individual is an author or recipient.
7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY

18

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to

19

Experts.

20

(a) Unless otherwise ordered by the court or agreed to in writing by the

21

Designating Party, a Party that seeks to disclose to an Expert (as defined in this

22

Order) any information or item that has been designated “HIGHLY

23

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(b)

24

first must make a written request to the Designating Party that (1) sets forth the full

25

name of the Expert and the city and state of his or her primary residence, (2)

26

attaches a copy of the Expert’s current resume, (3) identifies the Expert’s current

27

employer(s), (4) identifies each person or entity from whom the Expert has received

28

compensation or funding for work in his or her areas of expertise or to whom the
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
10

1

expert has provided professional services, including in connection with a litigation,

2

at any time during the preceding five years and (5) identifies (by name and number

3

of the case, filing date, and location of court) any litigation in connection with

4

which the Expert has offered expert testimony, including through a declaration,

5

report, or testimony at a deposition or trial, during the preceding four years.

6

(b) A Party that makes a request and provides the information specified in the

7

preceding respective paragraphs may disclose the subject Protected Material to the

8

identified Expert unless, within five days of delivering the request, the Party

9

receives a written objection from the Designating Party. Any such objection must

10

set forth in detail the grounds on which it is based.

11

(c) A Party that receives a timely written objection must meet and confer

12

with the Designating Party (through direct voice to voice dialogue) to try to resolve

13

the matter by agreement within five days of the written objection. If no agreement

14

is reached, the Designating Party (i.e. the moving party) may prepare and serve its

15

portion of the joint stipulation as provided in Civil Local Rule 37-2 within (5)

16

business days of the meet and confer. The Parties agree to seek expedited resolution

17

of any dispute. In any such proceeding, the Party opposing disclosure to the Expert

18

shall bear the burden of proving that the risk of harm that the disclosure would

19

entail (under the safeguards proposed) outweighs the Receiving Party’s need to

20

disclose the Protected Material to its Expert. If the Designating Party fails to file an

21

objection and serve its portion of the joint stipulation within the prescribed period

22

(or as extended by agreement of the Parties), then any objection is waived, any such

23

Protected Material may be thereafter disclosed to such individual.

24

8.

PROSECUTION BAR

25

Absent written consent from the Producing Party, any individual who

26

receives access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

27

information shall not be involved in the prosecution of patents or patent

28

applications relating to the design of headphones, including without limitation the
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
11

1

patents asserted in this action and any patent or application claiming priority to or

2

otherwise related to the patents asserted in this action, before any foreign or

3

domestic agency, including the United States Patent and Trademark Office (“the

4

Patent Office”). For purposes of this paragraph, “prosecution” includes directly or

5

indirectly drafting, amending, advising, or otherwise affecting the scope or

6

maintenance of patent claims.2 “Prosecution” as used in this paragraph does not

7

include representing a party challenging a patent before a domestic or foreign

8

agency (including, but not limited to, a reissue protest, ex parte reexamination or

9

inter partes review). This Prosecution Bar shall begin when access to “HIGHLY

10

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information is first received by

11

the affected individual and shall end two (2) years after final termination of this

12

action.

13

9.

14

SOURCE CODE
The parties currently do not anticipate producing source code in this case.

15

To the extent production of source code becomes necessary in this case, the parties

16

agree to meet and confer to prepare a supplemental protective order governing the

17

production and protection of source code.

18

10.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

19

PRODUCED IN OTHER LITIGATION

20

If a Party is served with a subpoena or a court order issued in other litigation

21

that compels disclosure of any information or items designated in this action as

22

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

23

ONLY” that Party must:

24
25
26
27

(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
2

Prosecution includes, for example, original prosecution, reissue and
reexamination proceedings.

28
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
12

1

(b) promptly notify in writing the party who caused the subpoena or order to

2

issue in the other litigation that some or all of the material covered by the subpoena

3

or order is subject to this Protective Order. Such notification shall include a copy of

4

this Stipulated Protective Order; and

5
6

(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.

7

If the Designating Party seeks a protective order, the Designating Party shall

8

bear the burden and expense of seeking protection of its confidential material in the

9

court for the district where compliance with the subpoena is required.

10

11.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

11

PRODUCED IN THIS LITIGATION

12

(a)

The terms of this Order are applicable to information produced by a

13

Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY

14

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced by

15

Non-Parties in connection with this litigation is protected by the remedies and relief

16

provided by this Order. Nothing in these provisions should be construed as

17

prohibiting a Non-Party from seeking additional protections.

18

(b)

In the event that a Party is required, by a valid discovery request, to

19

produce a Non-Party’s confidential information in its possession, and the Party is

20

subject to an agreement with the Non-Party not to produce the Non-Party’s

21

confidential information, then the Party shall:

22

1. promptly notify in writing the Requesting Party and the Non-

23

Party that some or all of the information requested is subject to a confidentiality

24

agreement with a Non-Party;

25

2. promptly provide the Non-Party with a copy of the Stipulated

26

Protective Order in this litigation, the relevant discovery request(s), and a

27

reasonably specific description of the information requested; and

28
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
13

1
2

3. make the information requested available for inspection by the
Non-Party.

3
4

12.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

5

If a Receiving Party learns that, by inadvertence or otherwise, it has

6

disclosed Protected Material to any person or in any circumstance not authorized

7

under this Stipulated Protective Order, the Receiving Party must immediately (a)

8

notify in writing the Designating Party of the unauthorized disclosures, (b) use its

9

best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

10

the person or persons to whom unauthorized disclosures were made of all the terms

11

of this Order, and (d) request such person or persons to execute the

12

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

13

A.

14

13.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

15

PROTECTED MATERIAL

16

When a Producing Party gives notice to Receiving Parties that certain

17

inadvertently produced material is subject to a claim of privilege or other

18

protection, the obligations of the Receiving Parties are those set forth in Federal

19

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

20

whatever procedure may be established in an e-discovery order that provides for

21

production without prior privilege review. Pursuant to Federal Rule of Evidence

22

502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

23

of a communication or information covered by the attorney-client privilege or work

24

product protection, the parties may incorporate their agreement in the stipulated

25

protective order submitted to the court.

26

14.

27
28

MISCELLANEOUS
14.1 Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the court in the future.
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
14

1

14.2 Right to Assert Other Objections. By stipulating to the entry of this

2

Protective Order no Party waives any right it otherwise would have to object to

3

disclosing or producing any information or item on any ground not addressed in

4

this Stipulated Protective Order. Similarly, no Party waives any right to object on

5

any ground to use in evidence of any of the material covered by this Protective

6

Order.

7

14.3 Filing Protected Material. Without written permission from the

8

Designating Party or a court order secured after appropriate notice to all interested

9

persons, a Party may not file in the public record in this action any Protected

10

Material. A Party that seeks to file under seal any Protected Material must comply

11

with Civil Local Rule 79-5.

12

15.

13

FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in

14

paragraph 4, each Receiving Party must return all Protected Material to the

15

Producing Party or destroy such material. As used in this subdivision, “all Protected

16

Material” includes all copies, abstracts, compilations, summaries, and any other

17

format reproducing or capturing any of the Protected Material. Whether the

18

Protected Material is returned or destroyed, the Receiving Party must submit a

19

written certification to the Producing Party (and, if not the same person or entity, to

20

the Designating Party) by the 60-day deadline that (1) identifies (by category,

21

where appropriate) all the Protected Material that was returned or destroyed and (2)

22

affirms that the Receiving Party has not retained any copies, abstracts,

23

compilations, summaries or any other format reproducing or capturing any of the

24

Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

25

archival copy of all pleadings, motion papers, trial, deposition, and hearing

26

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

27

reports, attorney work product, and consultant and expert work product, even if

28

such materials contain Protected Material. Any such archival copies that contain or
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
15

1

constitute Protected Material remain subject to this Protective Order as set forth in

2

Section 4 (DURATION).

3

IT IS SO ORDERED.

4
5
6

Dated: _January 02, 2014___
Judge Jean P. Rosenbluth
United States Magistrate Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
16

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of

4

___________________________ [print or type full address], declare under penalty

5

of perjury that I have read in its entirety and understand the Stipulated Protective

6

Order that was issued by the United States District Court for the Central District of

7

California on _________ in the case of Beats Electronics, LLC v. Yamaha

8

Corporation of America (Case No. SACV 13-00209-CJC-JPR). I agree to comply

9

with and to be bound by all the terms of this Stipulated Protective Order and I

10

understand and acknowledge that failure to so comply could expose me to sanctions

11

and punishment in the nature of contempt. I solemnly promise that I will not

12

disclose in any manner any information or item that is subject to this Stipulated

13

Protective Order to any person or entity except in strict compliance with the

14

provisions of this Order.

15

I further agree to submit to the jurisdiction of the United States District Court

16

for the Central District of California for the purpose of enforcing the terms of this

17

Stipulated Protective Order, even if such enforcement proceedings occur after

18

termination of this action.

19
20
21

Date: _________________________________

22

City and State where sworn and signed: _________________________________

23

Printed name: ______________________________

24
25

Signature: __________________________________

26
27
28
STIPULATED PROTECTIVE ORDER
CV13-00209-CJC (JPRx)
17