Kerrick Morris v. Olympus America Inc et al

Filing 17

ORDER RE: CONFIDENTIAL MATERIAL AND PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re: Stipulation for Protective Order 16 . The Court, having considered the parties' Modified Joint Stipulation and Proposed Protective Order re: Confidential Material 16 , and finding good cause therefor, hereby enters the following Order: (See Order for details.) (wr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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KERRICK MORRIS,

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Plaintiff,

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DISCOVERY MATTER
v.
ORDER RE: CONFIDENTIAL
MATERIAL AND PROTECTIVE
ORDER

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CASE NO. SACV13-01189-DOC (JPRx)

OLYMPUS AMERICA INC.; and
DOES 1 to 20, inclusive,
Defendants.

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ORDER RE: CONFIDENTIAL MATERIAL AND PROTECTIVE ORDER

ORDER

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The Court, having considered the parties’ Modified Joint Stipulation

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and Proposed Protective Order re: Confidential Material, and finding good cause

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therefor, hereby enters the following Order:

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I.

DEFINITIONS

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The following definitions shall apply to this Stipulation and Order:

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1.

The term “Litigation,” as used herein, refers to the above-captioned

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matter and to any other action consolidated at any time under that caption, and any

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appeal therefrom through final judgment.

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2.

The term “Material,” as used herein, refers without limitation to all

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documents in written or electronic form, information and things produced in

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discovery, including responses to document requests, interrogatories and requests

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for admissions, written or oral testimony at, and transcripts of, depositions and

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other pretrial or trial proceedings, all copies of the foregoing, tangible or intangible,

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and all excerpts, extracts or summaries of any of the foregoing.

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“Material” includes all information contained in or derived from the foregoing.

The term

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3.

The terms “Confidential Information” and “Confidential” as used

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as confidential in the manner set forth in this Stipulation and Order and that the

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Producing Party reasonably believes contains proprietary, confidential or private

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information, including but not limited to confidential financial, trade secret and

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herein, refer to all Material that any Producing Party (as defined herein) designates

other business-related information.
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4.

The term “Producing Party,” as used herein, refers to any party to

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this Litigation producing Material in this Litigation, or any other person or entity

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producing Material in this Litigation, who agrees to be bound by the terms of this

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Stipulation and Order.

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5.

The term “Legend,” as used herein, refers to a stamp or similar

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insignia stating “CONFIDENTIAL.”

When any Material is designated

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Confidential pursuant to this Stipulation and Order, the appropriate Legend shall be

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affixed to all confidential pages of such Material. In the case of Confidential

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Information disclosed in a non-paper medium (e.g., videotape, audio tape, computer

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disks or tapes, etc.), the appropriate Legend shall be affixed to the outside of the

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medium or its container so as to give clear notice of the designation. To the extent

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that paper or hard copies are made of Confidential Information that has been

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produced in any non-paper medium as referenced above, the party making such

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copies shall place the appropriate Legend on each page of such paper or hard copy

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and any such paper or hard copies shall be deemed protected under this Stipulation

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and Order. The CONFIDENTIAL designation shall be deemed to apply to the

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Material itself and to information contained therein. The Producing Party shall

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only designate as CONFIDENTIAL those Materials that the Producing Party

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reasonably believes in good faith is entitled to confidential treatment under

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applicable law and only those portions of those Materials that the Producing Party

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reasonably believes in good faith is entitled to confidential treatment under

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applicable law.

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6.

When reference is made in this Stipulation and Order to any Material

or party, the singular shall include the plural and plural shall include the singular.

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-3ORDER RE: CONFIDENTIAL MATERIAL AND PROTECTIVE ORDER

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II.

EFFECT OF DESIGNATION

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Unless and until otherwise ordered by the Court, or otherwise agreed by the

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parties, all Material designated Confidential shall be treated as such under this

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Stipulation and Order. However, by agreeing to this Stipulation and Order, no

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party shall be deemed to agree that any other party's designation of any document

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or other Material as Confidential is proper, or waives the right to challenge such

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designation.

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III.

SCOPE OF APPLICATION

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This Stipulation and Order shall govern all Material generated or produced

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by any party to this Litigation in response to any formal discovery or informal

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discovery or exchange of information, if so designated, conducted by any party to

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this Litigation. This stipulation shall not govern the use or admissibility of any

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evidence at trial or the procedures for using such Material at trial.

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IV.

LIMITATION ON USE

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Confidential Information may be used only for purposes of this Litigation,

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and may not be used for any other purpose including, without limitation, any

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business or commercial purpose, except by consent of the Producing Party.

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Nothing in this Stipulation and Order shall be construed to limit the parties' ability

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to use its own Materials, not produced by another party to this Litigation,

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containing Confidential Information, as they otherwise would during the ordinary

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course of business.

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Information that is designated Confidential and any summaries, charts or

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notes made therefrom, and any facts or information contained therein or derived

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therefrom and from no other source, shall be disclosed only to the extent necessary

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for the prosecution and/or defense of this Litigation and only to:

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Parties to this Litigation and the employees, officers and directors of

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such parties who have a reasonable need to review the information in connection

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with this Litigation;

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2.

The parties' in-house and outside counsel who have a reasonable need

to review the information in connection with this Litigation;

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3.

Counsel of record in this Litigation, paralegals, legal assistants,

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secretarial and clerical employees of such counsel of record, including outside copy

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services, who have a reasonable need to review the information in connection with

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this Litigation;

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4.

Independent contractors, experts or consultants who are employed or

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retained by, or consulted about retention on behalf of, any of the parties or counsel

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of record in this Litigation for the parties hereto to assist in preparation of this

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Litigation;

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5.

Deponents, trial witnesses and their counsel who have a reasonable

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need to review this material during the course of, or in preparation for, their

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testimony in this Litigation, including but not limited to deponents or trial witnesses

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who may be employees of a party;

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6.

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Stenographic reporters who are involved in depositions or any hearings

or proceedings before the Court in this Litigation; and

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The Court and any persons employed by the Court whose duties

require access to Confidential Information.

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V.

MANNER OR MEANS OF DESIGNATION

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A Producing Party may designate any Material that contains Confidential

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Information as Confidential pursuant to this Stipulation and Order by affixing the

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appropriate Legend as provided under paragraph I.5. to any Material containing, or

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that the Producing Party believes contains, Confidential Information.

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VI.

DESIGNATION OF MATERIAL PRODUCED BY THIRD PARTIES

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Any party may designate as Confidential any Material produced or disclosed

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without such designation by any third party, within thirty (30) days of production of

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such Material to the designating party (or such other time as may be agreed),

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provided that such Material contains Confidential Information of a designating

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party, in the following manner:

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Parties to this Litigation may designate such Material by sending

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Material bearing the Legend, to all other parties in possession or custody of such

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previously undesignated Material. Any party receiving such notice and copy of the

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designated Material pursuant to this subparagraph shall, within fifteen (15) days of

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receipt of such notice (or such other time as may be agreed), return to the

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written notice of such designation, accompanied by copies of the designated

designating party all undesignated copies of such Material in their custody or
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possession, or alternatively shall affix the Legend to all copies of such designated

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Material in the receiving party's custody or possession.

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Upon notice of designation pursuant to this paragraph, parties shall

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also: (i) make no further disclosure of such designated Material contained therein

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except as allowed under this Stipulation and Order; (ii) take reasonable steps to

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notify any persons who were provided copies of such Material of the terms of this

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Stipulation and Order; and (iii) take reasonable steps to reclaim any such Material

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in the possession of any person not permitted access to such Material under the

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terms of this Stipulation and Order.

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VII. DESIGNATION OF DEPOSITION TRANSCRIPTS

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In the case of Confidential Information revealed during a deposition, if a

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deposition has not previously been designated as Confidential prior to its

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preparation by the stenographer, counsel for a party may designate a deposition or a

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portion thereof, disclosing, containing or referring to any Confidential Information

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hereunder as Confidential by informing counsel for all other parties to this action in

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writing within thirty (30) days after receipt of the transcript (or such other time as

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may be agreed), as to the specific pages so deemed, and thereafter such pages shall

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constitute Confidential Information pursuant to this Stipulation and Order. Upon

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receipt of such notice, any party in possession of copies of such undesignated

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transcript shall affix the appropriate Legend thereto. Until the expiration of such

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thirty (30) day period, the entire transcript shall be treated as containing

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Confidential Information.

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VIII. COPIES

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All copies of all Material containing Confidential Information shall also

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constitute and be treated as Confidential Information as provided in this Stipulation

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and Order. Any person making, or causing to be made, copies of any Confidential

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shall make certain that each such copy bears the appropriate Legend pursuant to the

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requirements of this Stipulation and Order. Nothing herein shall preclude any

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arrangement among the parties by which Material may be copied by the Producing

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Party.

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IX.

OBJECTIONS TO DESIGNATION

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any information or document designated as Confidential be released from the

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requirements of this Stipulation and Order, and, unless otherwise agreed in writing,

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the Producing Party shall confer with the Requesting Party within ten (10) days of

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receipt of such written request. If an agreement cannot be reached by negotiation

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and the Court has not provided for a different procedure to handle such disputes,

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then the Requesting Party must make an application for a ruling from the Court to

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remove the Confidential or designation from such information or document. The

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procedures and burdens for any such motion are governed by the Federal Rules of

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Civil Procedure and Local Rules 37-1 and 37-2 of the Central District of California.

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In the event that such application is made, any relevant information or document

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shall be submitted to the Court under seal for the Court’s review in accordance with

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Local Rule 79-5, and the terms of this Stipulation and Order shall continue to apply

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to such information or document until the Court rules on the application. Unless

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otherwise ordered by the Court, the Court's ruling that any Confidential Information

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Any party (the “Requesting Party”) may at any time request in writing that

is not properly designated as Confidential shall not affect any other Confidential
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Information so designated. The above procedure shall not preclude application to

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the Court on a more expedited basis as circumstances warrant.

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X.

SUBPOENA OF CONFIDENTIAL INFORMATION

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If at any time any Confidential Information protected by this Stipulation and

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Order is subpoenaed by any court, administrative or legislative body, or is formally

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requested by any other person or entity purporting to have authority to require the

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production of such Material, the party to whom the subpoena or other request is

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directed shall immediately give written notice thereof to any Producing Party that

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has designated such Material as Confidential so as to advise such person of the need

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promptly to obtain a protective order or to move to quash the subpoena. The

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burden shall be on the Producing Party to file a motion to obtain protection for such

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Material either before a response to the subpoena is due or on a schedule otherwise

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agreed to by the parties. The pendency of this Stipulation and Order shall not be

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grounds for refusing to provide such Confidential Information in response to a

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subpoena or formal request. Nor shall the production of Confidential Information

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by a third party operate as a waiver of or otherwise limit the protections afforded to

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Material subject to this Stipulation and Order.

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XI.

CONTINUATION OF PROTECTION AFTER DISPOSITION

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The termination of proceedings in this Litigation shall not relieve the

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parties of the obligation to maintain the confidentiality of all Confidential

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Information under this Stipulation and Order, unless otherwise ordered by the Court

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or stipulated in writing by all parties to this Stipulation and Order.

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Within sixty (60) days after the final disposition of this Litigation by

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settlement or by final judgment not subject to any further appeal, the attorneys for

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the parties shall either: (a) return promptly to the Producing Party from whom it

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was obtained any Material designated Confidential and all copies, extracts and

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summaries thereof; or (b) destroy all Material designated Confidential and copies,

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extracts and summaries thereof. Notwithstanding this provision, the parties to this

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Litigation may keep a complete set of deposition transcripts, all documents filed or

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lodged with the Court, which may include Material designated Confidential, and

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any of their counsel’s work product, provided that such Material is stored in a

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manner so as to preserve its confidentiality.

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XII. MODIFICATIONS TO THIS ORDER

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Nothing herein shall preclude any party from applying to the Court to modify

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this Stipulation and Order to provide for additional safeguards to ensure the

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confidentiality of Material produced in this action, or to seek relief from any

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provision of this Stipulation and Order. Any of the parties may modify any of the

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provisions of this Stipulation and Order by written agreement between or among

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themselves so long as any such agreement among fewer than all of the parties does

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not affect the rights, duties and obligations of any other party to this Litigation or

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the rights, duties and obligations of any third party. No stipulation amongst the

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parties to modify an existing Order of the Court will have the force or effect of a

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Court Order unless the Court approves the modification.

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XIII. RESERVATION OF RIGHTS

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By designating any Material as Confidential, the parties do not acknowledge
that any such Material is relevant or discoverable in this action, nor does the fact
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that a party designates Material as Confidential constitute an adjudication by the

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Court or an agreement by any other party that the Material is properly so designated

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or that such Material, in fact, constitutes or contains any trade secrets or otherwise

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private, confidential or proprietary information. All parties reserve the right to seek

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or resist discovery of, or challenge the designation of, such Material in this action.

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XIV. MATERIAL ALREADY POSSESSED

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Nothing herein shall preclude a party’s right to use Material that it has
acquired independently of the other party.

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XV. INADVERTENT PRODUCTION/NON-DESIGNATION

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Any inadvertent failure to designate Material that in fact constitutes

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Confidential Information shall not be deemed to be a waiver of any such protection

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to which the Material is entitled. If, through inadvertence, a Producing Party

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produces any Material containing Confidential Information but fails to designate

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the Material as Confidential, the Producing Party may subsequently designate the

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Material as Confidential pursuant to paragraph I.5., so long as the Producing Party

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does this immediately upon its discovery of its inadvertent failure to designate such

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documents. The non-Producing Party shall not be deemed in breach of this Order,

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however, if it discloses such Material prior to designation.

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XVI. OTHER PROVISIONS

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Stipulation and Order, nor the failure to object hereto, shall be construed as a

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Neither the taking of any action in accordance with the provisions of this

waiver of any claim or defense in the action. This Stipulation and Order shall not
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be construed as a waiver of any right to object to the furnishing of Material in

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response to discovery and, except as expressly provided, shall not relieve any party

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or witness of the obligation to produce Material sought in the course of discovery.

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IT IS SO ORDERED.

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Dated: December 27, 2013__
HONORABLE JEAN P. ROSENBLUTH
United States Magistrate Judge

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