Amy Koenig v. Stephanie Pulliam et al

Filing 23

STIPULATED PROTECTIVE ORDER by Magistrate Judge Robert N. Block re Stipulation for Protective Order 22 . (see document for details). (dro)

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Ian A. Stewart (State Bar No. 250689)
[e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
555 South Flower Street, Suite 2900
Los Angeles, California 90071-2407
Telephone:[phone]
Facsimile: [phone]
Attorneys for Plaintiff,
AMY KOENIG DBA TEAM SELF-ESTEEM
IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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) Case No.: CV14-00117 FMO RNB
)
)
)
) STIPULATED PROTECTIVE
Plaintiff,
) ORDER
v.
)
)
STEPHANIE PULLIAM, an Individual,)
)
and TEAM SELF-ESTEEM
)
CHEERLEADING LLC, a California )
)
Corpration,
)
)
)
)
Defendants.
)
AMY KOENIG DBA TEAM SELFESTEEM

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court
hereby enters the following Stipulated Protective Order:

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This Protective Order is issued to facilitate document disclosure and

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production under the Local Rules of this Court and the Federal Rules of Civil

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Procedure. Unless modified pursuant to the terms contained in this Order, this

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Order shall remain in effect through the conclusion of this litigation.

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Protective Order is specific to the facts and circumstances of this litigation and

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the provisions of this Protective Order shall not be applied against any party in
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STIPULATED PROTECTIVE ORDER
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This

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any other litigation for purposes of arguing the appropriateness of the provisions

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of this Protective Order to any other litigation.

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In support of this Order, the Court finds that:
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Materials, documents, and information containing confidential and/or

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personal employee data or information, proprietary technical, sales,

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marketing, financial, client/customer data, or other business information,

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and other sensitive information, including private data or information of

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third parties including minors, and/or trade secrets (“Proprietary or Private

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Information”) that bear significantly on the parties’ claims or defenses are

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likely to be disclosed or produced during the course of discovery in this

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litigation.

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2.

It is expected that the parties and/or third parties may assert that public

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dissemination and disclosure of Proprietary Information could severely

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injure or damage the party disclosing or producing the Proprietary

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Information and could place th

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3.

t party at a competitive disadvantage or invade third parties’ respective right

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of privacy. To protect the respective interests of the parties and third-

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parties, and to facilitate the progress of disclosure and discovery in this

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case, the following Protective Order should issue:

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IT IS THEREFORE ORDERED THAT:

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1.

A

party

producing

discovery

materials

may

designate

as

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“CONFIDENTIAL” any information that it in good faith believes embodies

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Proprietary or Private Information.

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discovery materials may designate as “HIGHLY CONFIDENTIAL –

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OUTSIDE ATTORNEYS’ EYES ONLY” any information that it in good

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faith believes embodies a trade secret or is information that gives one party

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a competitive advantage in the marketplace over the other or could

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otherwise significantly prejudice the business of the producing party if

Additionally, the party producing

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revealed to another party, including but not limited to confidential

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technical, product, sales and financial documentation.

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materials, discovery responses, and/or transcripts designated by a producing

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party as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE

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ATTORNEYS’ EYES ONLY” are referred to herein as “Protected

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Materials.”

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2.

Information,

All copies, reproductions, extracts, digests, and complete or partial

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summaries prepared from any Protected Materials shall also be considered

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Protected Materials and treated as such under this Protective Order.

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3.

information lawfully in the public domain.

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The protections conferred by this Protective Order do not cover materials or

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Documents that have been produced prior to the entry of this Protective

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Order

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CONFIDENTIAL — OUTSIDE ATTORNEYS’ EYES ONLY,” if any,

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shall be considered Protected Materials under this Protective Order.

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5.

that

are

designated

“CONFIDENTIAL”

or

“HIGHLY

This Protective Order shall apply to a non-party who produces Protected

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Materials in the case to the same extent as it does to the parties. In such a

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case, the non-party who produces Protected Materials in this litigation is

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considered to be a producing party and is protected under this Protective

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Order as though a signatory to it. Such non-party may use the procedures

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set forth in this Protective Order to designate its Protected Materials.

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6.

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

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a non-party’s Proprietary Information in the party’s possession, and the

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party is subject to an agreement with the non-party not to disclose the non-

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party’s confidential information, then the party shall (1) promptly notify in

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writing the requesting party and the non-party that some or all of the

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information requested is subject to a confidentiality agreement with a non-

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party; (2) promptly provide the non-party with a copy of this Protective
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Order, the relevant discovery request(s), and a reasonably specific

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description of the information requested; and (3) make the information

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requested available for inspection by the non-party. Absent a court order to

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the contrary, the non-party shall bear the burden and expense of seeking

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protection in this Court of its Proprietary Information.

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7.

The designation of Protected Materials shall be made by placing the

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following notation on the Protected Materials:

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a. “CONFIDENTIAL;” or

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b. “HIGHLY CONFIDENTIAL — OUTSIDE ATTORNEYS’
EYES ONLY.”

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The above designations shall be affixed on the Protected Materials in the

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following manner:

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a. For documents (including, but not limited to, affidavits,

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declarations, written discovery responses, pleadings, and

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deposition testimony) the designation shall appear on each

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page of such document; or
b. For tangible items, on the object or container thereof, or, if not

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practicable, as otherwise agreed by the parties in writing.

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A party that makes original documents or materials available for inspection

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need not designate them for protection until after the inspecting party has

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

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

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inspection shall be deemed “HIGHLY CONFIDENTIAL — OUTSIDE

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ATTORNEYS’ EYES ONLY.”

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9.

No court reporter, videographer, or transcriber who reports or transcribes

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testimony in this action shall disclose Protected Materials to anyone, except

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pursuant to this Protective Order.

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designate a deposition transcript, in whole or in part, under this Protective

Counsel for a producing party may

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Order

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“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL — OUTSIDE

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ATTORNEYS’ EYES ONLY.” If counsel for a producing party does not

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designate a deposition transcript under this Protective Order during the

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deposition, the deposition transcript shall nevertheless be treated as

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“HIGHLY CONFIDENTIAL — OUTSIDE ATTORNEYS’ EYES ONLY”

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for 30 days following receipt of the transcript, during which time the

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producing party may elect to designate all or part of the deposition

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transcript under this Protective Order.

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10.

by

stating

on

the

record

that

it

shall

be

treated

as

Except as provided for below, Protected Materials and any information

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contained therein shall be held in confidence by each person to whom it is

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disclosed, shall be used only as allowed by the terms of this Protective

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Order for purposes of the prosecution and defense of the above captioned

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litigation only, shall not be used for any business purpose or other purpose

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whatsoever, and shall not be used or shown, disseminated, copied, or

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otherwise disclosed to anyone not entitled to such information as herein

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provided. All produced Protected Materials and any information contained

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therein shall be carefully maintained so as to preclude access by persons

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who are not entitled to receive such information. The party or parties

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receiving Protected Materials shall not under any circumstances sell, offer

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for sale, advertise, or publicize Protected Materials or any information

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contained therein. The party or parties receiving Protected Materials shall

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also take sufficient security measures to ensure the Protected Materials are

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secure and protected from inadvertent disclosure to unauthorized persons.

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Notwithstanding any other provisions of this Protective Order, however,

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nothing herein shall prohibit counsel or a party from disclosing a document

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containing

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CONFIDENTIAL — OUTSIDE ATTORNEYS’ EYES ONLY to any

information

designated

CONFIDENTIAL,

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or

HIGHLY

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person who by indication within the document drafted, prepared, executed,

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or received the document.

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11.

Protected Materials designated “CONFIDENTIAL” and any information

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contained therein shall be disclosed by the party or parties receiving

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Protected Materials designated “CONFIDENTIAL” only to the following

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persons (“Qualified Persons”):

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a. Members and employees of outside counsel of record in this

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action whose duties and responsibilities require access to such

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materials;

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b. In-house counsel for each party, and employees actually

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supporting such in-house counsel in the administration of this

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case, provided that such in-house counsel and employee(s)

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sign the Agreement attached hereto as Exhibit A;

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c. Up to three corporate representatives of a party who are

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actively engaged in assisting outside counsel of record with

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respect to this litigation, provided, however, that such

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corporate representative(s) shall be identified in writing to

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the opposing party prior to any disclosure of Protected

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Materials and the disclosure to any such person pursuant to

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this subpart is only after the person signs the Agreement

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attached hereto as Exhibit A;

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d. Outside experts and consultants (collectively, referred to herein

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as “Experts”) who are engaged or potentially engaged for the

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purposes of this action by a party and their support personnel,

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but only after signing the Agreement attached hereto as

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Exhibit A. For purposes of this Protective Order, an Expert

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shall be defined as a person who is neither an employee or

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consultant of a party nor anticipated to become an employee or
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consultant in the near future, and who is retained or employed

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as a bona fide expert, consultant or investigator for purposes of

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this litigation by or at the direction of counsel for a party;

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e. Deposition witnesses during the course of a deposition, so long

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as at least that portion of the deposition transcript itself is

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designated with the same confidentiality designation as the

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materials and so long as such witness drafted, prepared,

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executed, or received the document before the deposition, or

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was employed by or acting on behalf of the producing party

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and each witness signs the Agreement attached hereto as

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Exhibit A;
f. Court reporters and videographers taking testimony involving

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Protected Materials and their support personnel;

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g. Outside copying and computer services necessary for

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document handling, and other litigation support personnel

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(e.g., jury consultants and research personnel, graphic

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designers and animators), who are contractually bound not to

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disclose such documents and information by the parties

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retaining them;
h. Any person to whom the producing party agrees in writing to

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provide a copy;

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i. The Court, jury, and Court personnel; and

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j. Any other person who is designated as a Qualified Person by
order of the Court or by written agreement of the parties.

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12.

Protected Materials designated “HIGHLY CONFIDENTIAL — OUTSIDE

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ATTORNEYS’ EYES ONLY” shall only be made available to members

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and employees of outside counsel identified in Paragraph 11.a, outside

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experts and consultants identified in Paragraph 11.d but only after signing
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the Agreement attached hereto as Exhibit A, and persons identified in

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Paragraphs 11.f-j. Materials designated “HIGHLY CONFIDENTIAL –

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OUTSIDE ATTORNEYS’ EYES ONLY” shall not be made available to

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persons identified in Paragraphs 11.b, 11.c, or 11.e without the written

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consent of the producing party. To the extent that disclosure of Protected

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Materials

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ATTORNEYS’ EYES ONLY” to key principals of a receiving party is

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needed for the purpose of facilitating settlement discussions – including, for

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example, the disclosure of documents relating to sales revenue, litigation

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settlements, or licensing – prior to any disclosure, the parties shall meet and

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confer to discuss the conditions of such a disclosure and the producing

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party shall not unreasonably withhold written consent, so long as adequate

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protections are agreed to by the parties to ensure no disclosure to third

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parties.

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13.

designated

“HIGHLY

CONFIDENTIAL

—

OUTSIDE

At any time after the delivery of Protected Materials, counsel for the party

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receiving the Protected Materials may challenge the designation of all or

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any portion thereof by providing written notice thereof to counsel for the

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party disclosing or producing the Protected Materials (the “Designating

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Party”). The parties shall then attempt to resolve such dispute in good faith

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on an informal basis. If the parties are unable to resolve their dispute

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informally, then the party challenging the designation (the “Challenging

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Party”) may request appropriate relief from the Court in accordance with

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the Federal Rules of Civil Procedure and Local Rules, including strict

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compliance with Local Rules 37-1 and 37-2 (including the Joint Stipulation

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Requirement), and this Court’s prior Orders. In connection with any such

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request for relief, the Challenging Party must identify with particularity the

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specific document(s) or information that the Challenging Party believes was

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improperly designated and state with particularity and detail the factual and
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legal grounds on which the Challenging Party disagrees with the

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designation. The restricted status of such information will remain unless

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and until the Court rules and determines that such information is not

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entitled to its designated status. It shall be the burden of the Challenging

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Party to make out a prima facie case that the contested document or

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information is not entitled to the level of confidentiality selected by the

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Designating Party. In response to such a prima facie case, the Designating

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Party bears the burden of proof to show by a preponderance of the evidence

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that there is good cause for the document to have the protection claimed by
the Designating Party.

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A party does not waive its right to challenge a confidentiality designation

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

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is disclosed.

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In accordance with Local Rule 79-5, if any papers to be filed with the

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Court contain information and/or documents that have been designated as

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“Confidential” or “Highly Confidential – Outside Attorneys’ Eyes Only,”

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the proposed filing shall be accompanied by an application to file the papers

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or the portion thereof containing the designated information or documents

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(if such portion is segregable) under seal; and the application shall be

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directed to the judge to whom the papers are directed. For motions, the

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parties shall publicly file a redacted version of the motion and supporting

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papers.

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16.

To the extent that Protected Materials or information contained therein are

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used in depositions, such documents or information shall remain subject to

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the provisions of this Protective Order, along with the transcript pages of

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the deposition testimony referring to the Protected Materials or information

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contained therein.

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17.

Inadvertent and/or unintentional failure to designate qualified information

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

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OUTSIDE ATTORNEYS’ EYES ONLY” shall not be deemed a waiver in

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whole or in part of a claim for confidential treatment. Promptly upon

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learning of such inadvertent or unintentional failure to designate, the

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producing party shall notify the receiving party(ies) of the proper

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designation in writing, at which time the receiving party shall treat all such

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information in accordance with any revised designations.

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18.

Nothing in this Protective Order shall be construed as a waiver of the

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attorney-client privilege, the attorney work-product immunity, or any other

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applicable form of privilege or immunity, and nothing in this Protective

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Order requires disclosure of such material.

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19.

If a party learns that, by inadvertence or otherwise, it has disclosed

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Protected Materials other than in a manner authorized by this Protective

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Order, counsel for the party responsible for the disclosure shall notify the

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Designating Party in writing and immediately make every effort to further

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prevent unauthorized disclosure including retrieving all copies of the

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Protected Materials from the recipient(s) thereof, and securing the

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agreement of the recipients not to further disseminate the Protected

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Materials in any form. Compliance with the foregoing shall not prevent the

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Designating Party from seeking further relief from the Court.

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

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litigation that compels disclosure of any information or items designated in

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this action as “CONFIDENTIAL,”

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OUTSIDE ATTORNEYS’ EYES ONLY,” that party must: (1) promptly

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notify in writing the Designating Party and include a copy of the subpoena

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or court order; (2) promptly notify in writing the party who caused the

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subpoena or order to issue in the other litigation that some or all of the

or “HIGHLY CONFIDENTIAL –

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material covered by the subpoena or order is subject to this Protective

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Order; and (3) cooperate with respect to all reasonable procedures sought to

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be pursued by the Designating Party whose Protected Material may be

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affected. The Designating Party shall bear the burden and expense of

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seeking protection in that court of its confidential material.

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nothing contained in this Protective Order is intended or should be

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construed as authorizing a party in this action to disobey a lawful subpoena

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issued in another action.

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21.

However,

Within forty-five (45) calendar days of final termination of this action by

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dismissal, judgment, or settlement, including any appeals, counsel for the

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party or parties receiving Protected Materials shall, at the disclosing party’s

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written request, return the Protected Materials to the counsel for the party or

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parties disclosing or producing the Protected Materials or certify that

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counsel and its client(s) have destroyed the Protected Materials. Counsel of

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record may retain a copy of any pleading, transcript (e.g. deposition,

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hearing, or trial), or exhibit thereto filed with the Court or served on

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opposing counsel regardless of its confidentiality. The party or parties

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receiving the Protected Materials shall be entitled to keep their attorney

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work product which refers or relates to any Protected Materials. Attorney

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work product may be used in subsequent litigation provided that such use

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does not disclose Protected Materials or any information contained therein.

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After termination of this litigation, the provisions of this Protective Order

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shall continue to be binding, except with respect to those documents and

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information that become a matter of public record. This Court shall have

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continuing jurisdiction over the parties and recipients of the Protected

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Materials for enforcement of the provisions of this Protective Order

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following termination of this litigation.

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23.

This Protective Order shall be binding upon the parties and their attorneys,

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successors, executors, personal representatives, administrators, heirs, legal

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representatives,

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independent contractors, or other persons or organizations over which they

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have control.

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24.

assigns,

subsidiaries,

divisions,

employees,

agents,

This Protective Order shall not prevent the parties from applying to the

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Court for relief therefrom, or from applying to the Court for further or

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additional relief by ways of protective orders or otherwise, or from agreeing

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between themselves, subject to approval of the Court, to modification of
this Protective Order.

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25.

Notwithstanding any other provision herein, nothing in this Order shall

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prevent any party from complying with any applicable governmental law,

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rule, or regulation.

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SO ORDERED this the 8th day of September, 2014.

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________________________________
ROBERT N. BLOCK
UNITED STATES MAGISTRTE JUDGE

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