Lang Van, Inc. v. VNG Corporation et al

Filing 40

PROTECTIVE ORDER by Magistrate Judge Robert N. Block re Stipulation for Protective Order 34 . (see document for details). (dro)

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000110010010 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 12 13 No. SACV14-00100 AG (RNBx) LANG VAN, INC., a California corporation, 14 PROTECTIVE ORDER Plaintiff, Judge: 15 vs. 16 17 18 19 20 21 22 23 24 25 Complaint Filed: Jan. 22, 2014 VNG CORPORATION, a Vietnamese corporation, INTERNATIONAL DATA GROUP, INC., a Massachusetts corporation, IDG VENTURES, INC., a Massachusetts corporation, IDG VENTURES VIETNAM, L.P., a Delaware partnership, IDG VENTURES VIETNAM, LLC, a Delaware liability company, and IDG VENTURES VIETNAM MANAGEMENT COMPANY, INC., a Delaware corporation, 26 Final Pretrial Conf.: Sept. 14, 2015 Trial Date: Defendants. 27 28 /// 1 PROTECTIVE ORDE0R 10295120v.5 Hon. Andrew J. Guilford Sept. 22, 2015 000110010010 1 1. PURPOSE AND LIMITS OF THIS ORDER 2 Discovery in this action is likely to involve confidential, proprietary, or 3 private information requiring special protection from public disclosure and from 4 5 6 7 use for any purpose other than this litigation. Thus, the Court enters this Protective Order. This Order does not confer blanket protections on all disclosures or responses to discovery, and the protection it gives from public disclosure and use extends only to the specific material entitled to confidential treatment under the 8 applicable legal principles. This Order does not automatically authorize the filing 9 10 11 12 13 14 under seal of material designated under this Order. Instead, the parties must comply with L.R. 79-5.1 if they seek to file anything under seal. This Order does not govern the use at trial of material designated under this Order. 2. DESIGNATING PROTECTED MATERIAL 2.1 Over-Designation Prohibited. Any party or non-party who 15 designates information or items for protection 16 “CONFIDENTIAL” (a “designator”) must only designate specific material that 17 qualifies under the appropriate standards. To the extent practicable, only those 18 parts of documents, items, or oral or written communications that require 19 protection shall be designated. Mass, indiscriminate, or routinized designations 20 are prohibited. Unjustified designations expose the designator to sanctions, 21 including the Court’s striking all confidentiality designations made by that 22 designator. Designation under this Order is allowed only if the designation is 23 necessary to protect material that, if disclosed to persons not authorized to view it, 24 would cause competitive or other recognized harm. Material may not be 25 designated if it has been made public, or if designation is otherwise unnecessary to 26 protect a secrecy interest. If a designator learns that information or items that it 27 designated for protection do not qualify for protection at all or do not qualify for 28 2 PROTECTIVE ORDE0R 10295120v.5 under this Order as 000110010010 1 the level of protection initially asserted, that designator must promptly notify all 2 parties that it is withdrawing the mistaken designation. 3 4 5 6 7 2.2 Manner and Timing of Designations. Designation under this Order requires the designator to affix the applicable legend “CONFIDENTIAL” to each page that contains protected material. For testimony given in deposition or other proceeding, the designator shall specify all protected testimony and the level of protection being asserted. It may make that designation during the deposition or 8 proceeding, or may invoke, on the record or by written notice to all parties on or 9 10 11 before the next business day, a right to have up to 21 days from the deposition or proceeding to make its designation. 2.2.1 A party or non-party that makes original documents or materials 12 13 available for inspection need not designate them for protection until after 14 the inspecting party has identified which material it would like copied and 15 produced. During the inspection and before the designation, all material 16 shall be treated as CONFIDENTIAL. After the inspecting party has 17 identified the documents it wants copied and produced, the producing party 18 must designate the documents, or portions thereof, that qualify for 19 protection under this Order. 20 2.2.2 Parties shall give advance notice if they expect a deposition or 21 other proceeding to include designated material so that the other parties can 22 ensure that only authorized individuals are present at those proceedings 23 when such material is disclosed or used. The use of a document as an 24 exhibit at a deposition shall not in any way affect its designation. 25 Transcripts containing designated material shall have a legend on the title 26 page noting the presence of designated material, and the title page shall be 27 followed by a list of all pages (including line numbers as appropriate) that 28 have been designated. The designator shall inform the court reporter of 3 PROTECTIVE ORDE0R 10295120v.5 000110010010 1 these requirements. Any transcript that is prepared before the expiration of 2 the 21-day period for designation shall be treated during that period as if it 3 had been designated CONFIDENTIAL unless otherwise agreed. After the 4 expiration of the 21-day period, the transcript shall be treated only as 5 actually designated. 6 7 2.3 Inadvertent Failures to Designate. An inadvertent failure to designate does not, standing alone, waive protection under this Order. Upon 8 timely assertion or correction of a designation, all recipients must make 9 10 11 reasonable efforts to ensure that the material is treated according to this Order. 3. CHALLENGING CONFIDENTIALITY DESIGNATIONS All challenges to confidentiality designations shall proceed under L.R. 37-1 12 13 through L.R. 37-4. 14 4. 15 ACCESS TO DESIGNATED MATERIAL 4.1 Basic Principles. A receiving party may use designated material only 16 for this litigation. Designated material may be disclosed only to the categories of 17 persons and under the conditions described in this Order. 18 4.2 Disclosure of CONFIDENTIAL Material Without Further 19 Approval. Unless otherwise ordered by the Court or permitted in writing by the 20 designator, 21 CONFIDENTIAL only to: a receiving party may disclose any material designated 22 4.2.1 The receiving party’s outside counsel of record in this action 23 and employees of outside counsel of record to whom disclosure is 24 reasonably necessary; 25 4.2.2 The officers, directors, and employees of the receiving party to 26 whom disclosure is reasonably necessary, and who have signed the 27 Agreement to Be Bound (Exhibit A); 28 4 PROTECTIVE ORDE0R 10295120v.5 000110010010 1 4.2.3 Experts retained by the receiving party’s outside counsel of 2 record to whom disclosure is reasonably necessary, and who have signed 3 the Agreement to Be Bound (Exhibit A); 4 4.2.4 The Court and its personnel; 5 4.2.5 Outside court reporters and their staff, professional jury or trial 6 consultants, and professional vendors to whom disclosure is reasonably 7 necessary, and who have signed the Agreement to Be Bound (Exhibit A); 8 4.2.6 During their depositions, witnesses in the action to whom 9 disclosure is reasonably necessary and who have signed the Agreement to 10 Be Bound (Exhibit A); and 11 4.2.7 The author or recipient of a document containing the material, 12 13 or a custodian or other person who otherwise possessed or knew the 14 information. 15 16 17 5. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 5.1 Subpoenas and Court Orders. This Order in no way excuses non- 18 compliance with a lawful subpoena or court order. The purpose of the duties 19 described in this section is to alert the interested parties to the existence of this 20 Order and to give the designator an opportunity to protect its confidentiality 21 interests in the court where the subpoena or order issued. 22 5.2 Notification Requirement. If a party is served with a subpoena or a 23 court order issued in other litigation that compels disclosure of any information or 24 items designated in this action as CONFIDENTIAL, that party must: 25 26 5.2.1 Promptly notify the designator in writing. Such notification shall include a copy of the subpoena or court order; 27 28 5.2.2 Promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material 5 PROTECTIVE ORDE0R 10295120v.5 000110010010 1 covered by the subpoena or order is subject to this Order. Such notification 2 shall include a copy of this Order; and 3 5.2.3 Cooperate with all reasonable procedures sought by the 4 designator whose material may be affected. 5 6 7 5.3 Wait For Resolution of Protective Order. If the designator timely seeks a protective order, the party served with the subpoena or court order shall not produce any information designated in this action as CONFIDENTIAL before 8 a determination by the court where the subpoena or order issued, unless the party 9 10 11 12 13 has obtained the designator’s permission. The designator shall bear the burden and expense of seeking protection of its confidential material in that court. 6. UNAUTHORIZED DISCLOSURE OF DESIGNATED MATERIAL 6.1 If a receiving party learns that, by inadvertence or otherwise, it has 14 disclosed designated material to any person or in any circumstance not authorized 15 under this Order, it must immediately (1) notify in writing the designator of the 16 unauthorized disclosures and all of the pertinent facts surrounding the 17 unauthorized disclosures, (2) use its best efforts to retrieve all unauthorized copies 18 of the designated material, (3) inform the person or persons to whom unauthorized 19 disclosures were made of all the terms of this Order, and (4) use reasonable efforts 20 to have such person or persons execute the Agreement to Be Bound (Exhibit A). 21 Compliance with the foregoing shall not prevent the designator from seeking 22 further relief from the Court. 23 6.2 The receiving party shall maintain material designated as 24 CONFIDENTIAL in a secure and safe place, and shall exercise at least the same 25 degree of care in handling such material as is exercised by the recipient with 26 respect to its own confidential information of a similar nature, but in no event less 27 than reasonable care. If a party fails to abide by the terms of this Order, the party 28 will be subject to liability for such failure, with the Court to determine any 6 PROTECTIVE ORDE0R 10295120v.5 000110010010 1 appropriate remedy or remedies. The party shall be subject to the jurisdiction of 2 this Court to any proceeding to enforce this Order. Each recipient of any material 3 designated CONFIDENTIAL produced in this action hereby agrees to be subject 4 5 to the jurisdiction of this Court solely for the purposes of the implementation and enforcement of this Order. 6 7 7. INADVERTENT PRODUCTION OF PRIVILEGED OR 8 OTHERWISE PROTECTED MATERIAL 9 Any party who produces material or information without intending to waive 10 11 12 a claim of privilege or other protection does not waive that claim if within ten (10) days after the producing party actually discovers that privileged material or 13 information has been produced, the producing party identifies the material or 14 information produced and states the privilege asserted. If the privilege is thus 15 asserted, the receiving party must promptly return the specified material or 16 information and any copies. Nothing in this provision shall restrict a party from 17 challenging, in any way, the propriety of the privilege claim after the material or 18 information has been returned to the producing party. 19 8. FILING UNDER SEAL 20 Without written permission from the designator or a Court order, a party 21 may not file in the public record in this action any designated material. A party 22 seeking to file under seal any designated material must comply with L.R. 79-5.1. 23 Filings may be made under seal only pursuant to a court order authorizing the 24 sealing of the specific material at issue. The fact that a document has been 25 designated under this Order is insufficient to justify filing under seal. Instead, 26 parties must explain the basis for confidentiality of each document sought to be 27 filed under seal. Because a party other than the designator will often be seeking to 28 file designated material, cooperation between the parties in preparing, and in 7 PROTECTIVE ORDE0R 10295120v.5 000110010010 1 reducing the number and extent of, requests for under seal filing is essential. If a 2 receiving party’s request to file designated material under seal pursuant to L.R. 3 79-5.1 is denied by the Court, then the receiving party may file the material in the 4 5 public record unless (1) the designator seeks reconsideration within four days of the denial, or (2) as otherwise instructed by the Court. 6 7 9. FINAL DISPOSITION 8 Within 60 days after the final disposition of this action, each party shall 9 10 11 12 return all designated material to the designator or destroy such material, including all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any designated material. The receiving party must submit a written 13 certification to the designator by the 60-day deadline that (1) identifies (by 14 category, where appropriate) all the designated material that was returned or 15 destroyed, and (2) affirms that the receiving party has not retained any copies, 16 abstracts, compilations, summaries, or any other format reproducing or capturing 17 any of the designated material. This provision shall not prevent counsel from 18 retaining an archival copy of all pleadings, motion papers, trial, deposition, and 19 hearing transcripts, legal memoranda, correspondence, deposition and trial 20 exhibits, expert reports, attorney work product, and consultant and expert work 21 product, even if such materials contain designated material. Any such archival 22 copies remain subject to this Order. 23 IT IS SO ORDERED. 24 DATED: June 23, 2014 25 ____________________________________ The Hon. Robert N. Block United States Magistrate Judge 26 27 28 8 PROTECTIVE ORDE0R 10295120v.5 000110010010 1 2 3 4 5 6 EXHIBIT A 7 AGREEMENT TO BE BOUND 8 9 I, _____________________________ [print or type full name], of 10 _____________________________________ [print or type full address], declare 11 under penalty of perjury that I have read in its entirety and understand the 12 13 14 15 Protective Order that was issued by the United States District Court for the Central District of California on _______ [date] in the case of Lang Van, Inc. v. VNG Corporation, et al. (No. SACV14-00100 AG (RNBx)). I agree to comply with and to be bound by all the terms of this Protective Order, and I understand 16 and acknowledge that failure to so comply could expose me to sanctions and 17 18 19 20 punishment for contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Protective Order to any person or entity except in strict compliance with this Order. 21 I further agree to submit to the jurisdiction of the United States District 22 Court for the Central District of California for the purpose of enforcing this Order, 23 even if such enforcement proceedings occur after termination of this action. 24 I hereby appoint __________________________ [print or type full name] of 25 _______________________________________ [print or type full address and 26 telephone number] as my California agent for service of process in connection 27 with this action or any proceedings related to enforcement of this Order. 28 9 PROTECTIVE ORDE0R 10295120v.5 000110010010 1 Date: ___________________________ 2 City and State where sworn and signed: _________________________________ 3 Printed name: ____________________ [printed name] 4 5 6 Signature: _______________________ [signature] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 PROTECTIVE ORDE0R 10295120v.5

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