Maaco Franchising LLC v. SRS Ventures Inc et al

Filing 20

STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick re Stipulation for Protective Order 19 . (see document for details). (dro)

1
2
3
4
5
6
7
8

ROGER M. MANSUKHANI (SBN: 164463)
JON C. YONEMITSU (SBN: 199026)
KYMBERLY M. HARRIS (SBN: 292521)
GORDON & REES LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
SRS VENTURES, INC., ASAM V. REYNOSO
AND ROSA ISELA GARCIA DE REYNOSO

9

UNITED STATES DISTRICT COURT

10

CENTRAL OF CALIFORNIA

Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

11
12

MAACO FRANCHISING, LLC a
Delaware limited liability company,
Plaintiff,

13
14

v.

17

SRS VENTURES, INC., a California
corporation; ASAM V. REYNOSO,
an individual; ROSA ISELA
GARCIA DE REYNOSO an
individual; and DOES 1 through 10,
inclusive,

18

Defendants.

15
16

) CASE NO. 8:14-cv-00606-MWF-DFM
)
) [PROPOSED] STIPULATED
) PROTECTIVE ORDER
)
) Judge: Hon. Michael W. Fitzgerald
) Complaint filed: April 7, 2014
)
)
)
)
)
)
)

19

1.

20

Disclosure and discovery activity in this action is likely to involve

PURPOSES AND LIMITATIONS

21

production of confidential, or private information for which special protection from

22

public disclosure and from use for any purpose other than prosecuting this

23

litigation may be warranted. Accordingly, the parties hereby stipulate to and

24

petition the Court to enter the following Stipulated Protective Order. The parties

25

acknowledge that this Order does not confer blanket protections on all disclosures

26

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

27

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

28

confidential treatment under the applicable legal principals.
-1[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

2.

DEFINITIONS

2

2.1

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

3
4

designation of information or items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless

5

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

6

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

7
8
9

2.3

Counsel (without qualifier): Counsel of Record (as well as their

support staff).
2.4

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

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

11
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

10

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

12

ONLY.”

13

2.5

Disclosure or Discovery Material: all items or information, regardless

14

of the medium or manner in which it is generated, stored, or maintained (including,

15

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

16

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

17

2.6

Expert: a person with specialized knowledge or experience in a

18

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

19

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

20

current employee of a Party or of a Party's competitor, and (3) at the time of

21

retention, is not anticipated to become an employee of a Party or of a Party's

22

competitor.

23

2.7

"HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY"

24

Information or Items: extremely sensitive "Confidential Information or Items,"

25

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

26

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

27
28

2.8

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

or other legal entity not named as a Party to this action.
-2[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

2.9

Outside Counsel of Record: attorneys who are not employees of a

2

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

3

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

4

which has appeared on behalf of that party.

5

2.10

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

6

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

7

support staffs).

8
9
10

2.11

Producing Party: a Party or Non-Party that produces Disclosure or

Discovery Material in this action.
2.12

Professional Vendors: persons or entities that provide litigation

Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

11

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

12

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

13

and their employees and subcontractors.

14

2.13

Protected Material: any Disclosure or Discovery Material that is

15

designated as "CONFIDENTIAL," or as "HIGHLY CONFIDENTIAL —

16

ATTORNEYS' EYES ONLY."

17
18

2.14

Receiving Party: a Party that receives Disclosure or Discovery

Material from a Producing Party.

19

3.

20

The protections conferred by this Stipulation and Order cover not only

21

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

22

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

23

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

24

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

25

However, the protections conferred by this Order do not cover the following

26

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

27

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

28

disclosure to a Receiving Party as a result of publication not involving a violation
-3-

SCOPE

[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

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

2

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

3

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

4

who obtained the information lawfully and under no obligation of confidentiality

5

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

6

by a separate agreement or order.

7

4.

8

Even after final disposition of this litigation, the confidentiality obligations

9

DURATION

imposed by this Order shall remain in effect until a Designating Party agrees
otherwise in writing or a court order otherwise directs. Final disposition shall be

11
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

10

deemed to be the later of (1) dismissal of all claims and defenses in this action,

12

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

13

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

14

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

15

time pursuant to applicable law.

16

5.

DESIGNATING PROTECTED MATERIAL

17

5.1

Exercise of Restraint and Care in Designating Material for Protection.

18

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

19

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

20

the level of protection initially asserted, that Designating Party must promptly

21

notify all other parties that it is withdrawing the mistaken designation.

22

5.2

Manner and Timing of Designations. Except as otherwise provided in

23

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

24

stipulated or ordered, Disclosure or Discovery. Material that qualifies for

25

protection under this Order must be clearly so designated before the material is

26

disclosed or produced.

27

///

28

///
-4[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1
2

Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or

3

electronic documents, but excluding transcripts of depositions or other pretrial or

4

trial proceedings), that the Producing Party affix the legend "CONFIDENTIAL"

5

or "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" to each page

6

that contains protected material. If only a portion or portions of the material on a

7

page qualifies for protection, the Producing Party also must clearly identify the

8

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

9

must specify, for each portion, the level of protection being asserted.

10

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

Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

11

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

12

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

13

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

14

inspection shall be deemed "HIGHLY CONFIDENTIAL — ATTORNEYS'

15

EYES ONLY." After the inspecting Party has identified the documents it wants

16

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

17

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

18

the specified documents, the Producing Party must affix the appropriate legend

19

("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES

20

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

21

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

22

also must clearly identify the protected portion(s) (e.g., by making appropriate

23

markings in the margins) and must specify, for each portion, the level of

24

protection being asserted.

25

(b)

for testimony given in deposition or in other pretrial or trial

26

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

27

the deposition, hearing, or other proceeding, all protected testimony and specify

28

the level of protection being asserted. When it is impractical to identify separately
-5[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

each portion of testimony that is entitled to protection and it appears that

2

substantial portions of the testimony may qualify for protection, the Designating

3

Party may invoke on the record (before the deposition, hearing, or other

4

proceeding is concluded) a right to have up to 21 days to identify the specific

5

portions of the testimony as to which protection is sought and to specify the level

6

of protection being asserted. Only those portions of the testimony that are

7

appropriately designated for protection within the 21 days shall be covered by the

8

provisions of this Stipulated Protective Order. Alternatively, a Designating Party

9

may specify, at the deposition or up to 21 days afterwards if that period is properly
invoked, that the entire transcript shall be treated as "CONFIDENTIAL" or

11
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

10

"HIGHLY CONFIDENTIAL — ATTORNEYS' EYES 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, and the title page shall

21

be followed by a list of all pages (including line numbers as appropriate) that have

22

been designated as Protected Material and the level of protection being asserted by

23

the Designating Party. The Designating Party shall inform the court reporter of

24

these requirements. Any transcript that is prepared before the expiration of a 21-

25

day period for designation shall be treated during that period as if it had been

26

designated "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" in its

27

entirety unless otherwise agreed. After the expiration of that period, the transcript

28

shall be treated only as actually designated.
-6[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

(c)

for information produced in some form other than

2

documentary and for any other tangible items, that the Producing Party affix in a

3

prominent place on the exterior of the container or containers in which the

4

information or item is stored the legend "CONFIDENTIAL" or "HIGHLY

5

CONFIDENTIAL —ATTORNEYS' EYES ONLY.” If only a portion or

6

portions of the information or item warrant protection, the Producing Party, to the

7

extent practicable, shall identify the protected portion(s) and specify the level of

8

protection being asserted.

9

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

failure to designate qualified information or items does not, standing alone, waive

11
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

10

the Designating Party's right to secure protection under this Order for such material.

12

Upon timely correction of a designation, the Receiving Party must make reasonable

13

efforts to assure that the material is treated in accordance with the provisions of

14

this Order.

15

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

16

6.1

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

17

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

18

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

19

substantial unfairness, unnecessary economic burdens, or a significant disruption

20

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

21

confidentiality designation by electing not to mount a challenge promptly after

22

the original designation is disclosed.

23

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

24

resolution process by providing written notice of each designation it is challenging

25

and describing the basis for each challenge. To avoid ambiguity as to whether a

26

challenge has been made, the written notice must recite that the challenge to

27

confidentiality is being made in accordance with this Protective Order and explain

28

the Challenging Party's basis for its belief that the confidentiality designation was
-7[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

not proper. The parties shall attempt to resolve each challenge in good faith and

2

must begin the process by conferring directly (in voice to voice dialogue; other

3

forms of communication are not sufficient) within 14 days of the date of service of

4

notice. In conferring, the Challenging Party must give the Designating Party an

5

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

6

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

7

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

8

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

9

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

10
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

11

process in a timely manner.
6.3

Judicial Intervention. If the Parties cannot resolve a challenge

12

without court intervention, the Challenging Party may file a motion challenging

13

confidentiality designation at any time if there is good cause for doing so,

14

including a challenge to the designation of a deposition transcript or any portions

15

thereof. Any motion brought pursuant to this provision must be accompanied by

16

a competent declaration affirming that the movant has complied with the meet

17

and confer requirements imposed by the preceding paragraph.

18

The burden of persuasion in any such challenge proceeding shall be on the

19

Designating Party. Frivolous challenges and those made for an improper purpose

20

(e.g., to harass or impose unnecessary expenses and burdens on other parties)

21

may expose the Challenging Party to sanctions. All parties shall continue to

22

afford the material in question the level of protection to which it is entitled under

23

the Producing Party's designation until the court rules on the challenge.

24

7.

ACCESS TO AND USE OF PROTECTED MATERIAL

25

7.1

Basic Principles. A Receiving Party may use Protected Material that

26

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

27

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

28

Such Protected Material may be disclosed only to the categories of persons and
-8[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

under the conditions described in this Order. When the litigation has been

2

terminated, a Receiving Party must comply with the provisions of section 15

3

below (FINAL DISPOSITION).

4

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

5

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

6

authorized under this Order.

7

7.2

Disclosure of "CONFIDENTIAL" Information or Items. Unless

8

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

9

a Receiving Party may disclose any information or item designated
"CONFIDENTIAL" only to:

11
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

10

(a)

the Receiving Party's Outside Counsel of Record in this

12

action, as well as employees of said Outside Counsel of Record to whom it is

13

reasonably necessary to disclose the information for this litigation;

14

(b)

the officers, directors, and employees of the Receiving Party

15

(including in-house counsel) to whom disclosure is reasonably necessary for this

16

litigation and who have signed the "Acknowledgment and Agreement to Be

17

Bound" (Exhibit A);

18

(c)

Experts (as defined in this Order) of the Receiving Party to

19

whom disclosure is reasonably necessary for this litigation and who have signed

20

the "Acknowledgment and Agreement to Be Bound" (Exhibit A);

21

(d)

the court and its personnel;

22

(e)

court reporters and their staff, professional jury or trial

23

consultants, and Professional Vendors to whom disclosure is reasonably

24

necessary for this litigation and who have signed the "Acknowledgment and

25

Agreement to Be Bound" (Exhibit A);

26

(f)

during their depositions, witnesses in the action to whom

27

disclosure is reasonably necessary and who have signed the "Acknowledgment and

28

Agreement to Be Bound" (Exhibit A), unless otherwise agreed by the Designating
-9[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

Party or ordered by the court. Pages of transcribed deposition testimony or exhibits

2

to depositions that reveal Protected Material must be separately bound by the court

3

reporter and may not be disclosed to anyone except as permitted under this

4

Stipulated Protective Order;

5

(g)

6

the author or recipient of a document containing the information

or a custodian or other person who otherwise possessed or knew the information.

7

7.3

Disclosure of "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES

8

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

9

writing by the Designating Party, a Receiving Party may disclose any information
or item designated "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY"

11
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

10

only to:

12

(a)

the Receiving Party's Outside Counsel of Record in this

13

action, as well as employees of said Outside Counsel of Record to whom it is

14

reasonably necessary to disclose the information for this litigation;

15

(b)

Experts of the Receiving Party (1) to whom disclosure is

16

reasonably necessary for this litigation, (2) who have signed the

17

"Acknowledgment and Agreement to Be Bound" (Exhibit A), and (3) as to whom

18

the procedures set forth in paragraph 7.4(a)(2), below, have been followed;

19

(c)

the court and its personnel;

20

(d)

court reporters and their staff, professional jury or trial

21

consultants, and Professional Vendors to whom disclosure is reasonably

22

necessary for this litigation and who have signed the "Acknowledgment and

23

Agreement to Be Bound" (Exhibit A); and

24

(e)

the author or recipient of a document containing the

25

information or a custodian or other person who otherwise possessed or knew the

26

information.

27

///

28

///
-10[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

7.4

Procedures for Approving or Objecting to Disclosure of "HIGHLY

2

CONFIDENTIAL — ATTORNEYS' EYES ONLY" or Information or Items to

3

Experts.

4

(a)

Unless otherwise ordered by the court or agreed to in writing by

5

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

6

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

7

CONFIDENTIAL — ATTORNEYS' EYES ONLY" pursuant to paragraph 7.3(c)

8

first must make a written request to the Designating Party that (1) identifies the

9

general categories of "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES
ONLY" information that the Receiving Party seeks permission to disclose to the

11
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

10

Expert, (2) sets forth the full name of the Expert and the city and state of his or her

12

primary residence, (3) attaches a copy of the Expert's current resume, (4) identifies

13

the Expert's current employer(s), (5) identifies each person or entity from whom the

14

Expert has received compensation or funding for work in his or her areas of

15

expertise or to whom the expert has provided professional services, including in

16

connection with a litigation, at any time during the preceding five years, and (6)

17

identifies (by name and number of the case, filing date, and location of court) any

18

litigation in connection with which the Expert has offered expert testimony,

19

including through a declaration, report, or testimony at a deposition or trial, during

20

the preceding five years.

21

(b)

A Party that makes a request and provides the information

22

specified in the preceding respective paragraphs may disclose the subject Protected

23

Material to the identified Designated Expert unless, within 14 days of delivering

24

the request, the Party receives a written objection from the Designating Party. Any

25

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

26

(c)

A Party that receives a timely written objection must meet and

27

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

28

resolve the matter by agreement within seven days of the written objection. If no
-11[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

agreement is reached, the Party seeking to make the disclosure to the Expert may

2

file a motion seeking permission from the court to do so. Any such motion must

3

describe the circumstances with specificity, set forth in detail the reasons why the

4

disclosure to the Expert is reasonably necessary, assess the risk of harm that the

5

disclosure would entail, and suggest any additional means that could be used to

6

reduce that risk. In addition, any such motion must be accompanied by a

7

competent declaration describing the parties' efforts to resolve the matter by

8

agreement (i.e., the extent and the content of the meet and confer discussions) and

9

setting forth the reasons advanced by the Designating Party for its refusal to

10
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

11

approve the disclosure.
In any such proceeding, the Party opposing disclosure to the Expert shall

12

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

13

(under the safeguards proposed) outweighs the Receiving Party's need to disclose

14

the Protected Material to its Expert.

15

8.

16
17

PROTECTED MATERIAL SUBPOENAED OR
ORDERED PRODUCED IN OTHER LITIGATION

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

18

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

19

"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES

20

ONLY" that Party must:

21

(a)

promptly notify in writing the Designating Party. Such

22

notification shall include a copy of the subpoena or court order; promptly notify in

23

writing the party who caused the subpoena or order to issue in the other litigation

24

that some or all of the material covered by the subpoena or order is subject to this

25

Protective Order. Such notification shall include a copy of this Stipulated Protective

26

Order; and

27
28

(b)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.
-12[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

If the Designating Party timely seeks a protective order, the Party served

2

with the subpoena or court order shall not produce any information designated in

3

this action as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL —

4

ATTORNEYS' EYES ONLY” before a determination by the court from which the

5

subpoena or order issued, unless the Party has obtained the Designating Party's

6

permission. The Designating Party shall bear the burden and expense of seeking

7

protection in that court of its confidential material — and nothing in these

8

provisions should be construed as authorizing or encouraging a Receiving Party in

9

this action to disobey a lawful directive from another court.

10

9.

A NON-PARTY'S PROTECTED MATERIAL SOUGHT

Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

11

TO BE PRODUCED IN THIS LITIGATION

12

(a)

The terms of this Order are applicable to information produced

13

by a Non-Party in this action and designated as "CONFIDENTIAL" or "HIGHLY

14

CONFIDENTIAL — ATTORNEYS' EYES ONLY". Such information produced

15

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

16

relief 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

19

request, to produce a Non-Party's confidential information in its possession, and

20

the Party is subject to an agreement with the Non-Party not to produce the Non-

21

Party's confidential information, then the Party shall:

22

1.

promptly notify in writing the Requesting Party and the

23

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

24

confidentiality agreement with a Non-Party;

25

2.

promptly provide the Non-Party with a copy of the

26

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

27

a reasonably specific description of the information requested; and

28

///
-13[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1
2

3.

make the information requested available for inspection

by the Non-Party.

3

(c)

If the Non-Party fails to object or seek a protective order from

4

this court within 14 days of receiving the notice and accompanying information, the

5

Receiving Party may produce the Non-Party's confidential information responsive

6

to the discovery request. If the Non-Party timely seeks a protective order, the

7

Receiving Party shall not produce any information in its possession or control that

8

is subject to the confidentiality agreement with the Non-Party before a

9

determination by the court. Absent a court order to the contrary, the Non-Party shall
bear the burden and expense of seeking protection in this court of its Protected

11
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

10

Material.

12

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED

13

MATERIAL

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

A.

23

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR

24

OTHERWISE PROTECTED MATERIAL

25

The inadvertent production in discovery of any privileged or

26

otherwise protected or exempted information shall not be deemed a waiver or

27

impairment of any claim of privilege or protection, including but not limited to the

28

attorney-client privilege, the protection afforded to work-product materials or the
-14[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

subject matter thereof provided that the Producing Party shall promptly provide

2

notice to the Receiving Party in writing when inadvertent production is

3

discovered. Upon receiving written notice from the Producing Party that

4

privileged information or work-product material has been inadvertently produced,

5

such information shall promptly either be destroyed with confirmation of its

6

destruction provided to the Producing Party or returned to counsel for the

7

Producing Party. Compliance with the terms of this paragraph will not constitute a

8

waiver of the receiving party's right to challenge the assertion of privilege.

9

12.

10
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

11

MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of
any person to seek its modification by the court in the future.

12

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

13

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

14

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

15

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

16

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

17

Order.

18

12.3 Export Control. Disclosure of Protected Material shall be subject to

19

all applicable laws and regulations relating to the export of technical data

20

contained in such Protected Material, including the release of such technical data

21

to foreign persons or nationals in the United States or elsewhere. The Producing

22

Party shall be responsible for identifying any such controlled technical data, and

23

the Receiving Party shall take measures necessary to ensure compliance.

24

12.4 Filing Protected Material. Without written permission from the

25

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

26

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

27

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

28

with the applicable Court requirements to do so.
-15[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

12.5 Source's Use of Own Information. Nothing in this Order shall prevent

2

a Source from using or disclosing its own information as it deems appropriate. Any

3

such disclosure by a Source shall not impair the confidentially obligations imposed

4

upon all other parties and person subject to this Order.

5

13.

6

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

7

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

8

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

9

Protected Material" includes all copies, abstracts, compilations, summaries, and

FINAL DISPOSITION

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

11
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

10

Whether the Protected Material is returned or destroyed, the Receiving Party

12

must submit a written certification to the Producing Party (and, if not the same

13

person or entity, to the Designating Party) by the 60-day deadline that (1)

14

identifies (by category, where appropriate) all the Protected Material that was

15

returned or destroyed and (2) affirms that the Receiving Party has not retained

16

any copies, abstracts, compilations, summaries or any other format reproducing

17

or capturing any of the Protected Material. Notwithstanding this provision,

18

Counsel are entitled to retain an archival copy of all pleadings, motion papers,

19

trial, deposition, and hearing transcripts, legal memoranda, correspondence,

20

deposition and trial exhibits, expert reports, attorney work product, and

21

consultant and expert work product, even if such materials contain Protected

22

Material. Any such archival copies that contain or constitute Protected Material

23

remain subject to this Protective Order as set forth in Section 4 (DURATION).

24
25
26
27

IT IS SO ORDERED.
Dated: November 25, 2014

___________________________________
DOUGLAS F. McCORMICK
United States Magistrate Judge

28
-16[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

______________________________________ [print or type

full name], of [print or

4

type full address], declare under penalty of perjury that I have read in its entirety

5

and understand the Stipulated Protective Order that was issued by the United States

6

District Court for the Central District of California on

7

Franchising LLC v. SRS Ventures, Inc., Asam V. Reynoso, and Rosa Isela Garcia

8

de Reynoso, SACV 14-00606-MWF (DFMx). I agree to comply with and to be

9

bound by all the terms of this Stipulated Protective Order and I understand and

in the case of Maaco

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

11
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

10

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

12

any manner any information or item that is subject to this Stipulated Protective

13

Order to any person or entity except in strict compliance with the provisions of this

14

Order.

15

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

16

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

17

of this Stipulated Protective Order, even if such enforcement proceedings occur

18

after termination of this action.

19

I hereby appoint ____________________________________ [print or type full

20

name] of __________________________________________ [print or type full

21

address and telephone number] as my California agent for service of process in

22

connection with this action or any proceedings related to enforcement of this

23

Stipulated Protective Order.

24

Date: ______________, 20__

25
26

Printed name:

27

_________________________________
(City and State where sworn and signed)

Signature:

28
1097665/21353882v.1

-17[PROPOSED] STIPULATED PROTECTIVE ORDER
CASE NO.: 8:14-cv-00606-MWF-DFM