Tivoli LLC et al v. Targetti Sankey S p A et al

Filing 75

ORDER ON STIPULATION FOR CONFIDENTIALITY ORDER by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 74 . (kh)

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    1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  10 11 TIVOLI, LLC, a California limited liability company; NEO-NEON LED 12 USA HOLDINGS, LTD., a British 13 Virgin Islands Limited Company, and AMERICAN LIGHTING, INC., a 14 Delaware corporation, 15 Plaintiffs, 16 v. 17 TARGETTI SANKEY, S.p.A., an Italian business entity; TARGETTI 18 POULSEN USA, INC., a Florida 19 corporation; DURALAMP, S.p.A., an Italian business entity; HANGZHOU TARGETTI LIGHTING CO., LTD., 20 a Chinese business entity; MARIE 21 BIRMINGHAM a/k/a MARIE PARIS, an individual; GREGORY S. 22 SMITH, an individual; and DOES 1 through 20, 23 Defendants. 24 25 Case No. SA CV14-01285-DOC (JCGx) Assigned to: Honorable Judge David O. Carter ORDER ON STIPULATION FOR CONFIDENTIALITY ORDER No hearing required And All Counterclaims. 26 27 28 Order On Stipulation For Confidentiality Order (Proposed) 9145518.v1     1 The Court having read the Stipulation for Confidentiality Order of the parties, 2 and good cause appearing therefor, 3 IT IS ORDER AS FOLLOWS: 4 1. PURPOSES AND LIMITATIONS 5 Disclosure and discovery activity in this action may likely involve production of 6 confidential, proprietary, or information considered by the producing party as a trade 7 secret for which special protection from public disclosure and from use for any purpose 8 other than prosecuting this or related litigation would be warranted. Accordingly, the 9 Court enters the following Stipulated Protective Order. This Order does not confer 10 blanket protections on all disclosures or responses to discovery and the protection it 11 affords extends only to the limited information or items that are entitled under the 12 applicable legal principles to treatment as confidential. As set forth in Section 10, MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  13 below, this Stipulated Protective Order creates no entitlement to file confidential 14 information under seal; the Central District of California Local Rule 79-5.1 and the 15 Court’s own standing order entitled Procedures For Requesting Under Seal Filings, 16 Revised July 8, 2013, set forth the procedures that must be followed for filing material 17 under seal. 18 2. DEFINITIONS 19 2.1 Party: any party to this action, including all of its officers, directors, 20 employees, consultants, retained experts, and outside counsel (and their support staff). 21 2.2 Disclosure or Discovery Material: all items or information, regardless of 22 the medium or manner generated, stored, or maintained (including, among other things, 23 testimony, transcripts, or tangible things) that are produced or generated in disclosures 24 or responses to discovery in this matter. 25 2.3 Receiving Party: a Party that receives Disclosure or Discovery Material 26 from a Producing Party. 27 2.4 Producing Party: a Party or non-party that produces Disclosure or 28 Discovery Material in this action. 1 Order On Stipulation For Confidentiality Order     1 2.5. Designating Party: a Party or non-party that designates information or 2 items that it produces in disclosures or in responses to discovery as CONFIDENTIAL 3 or CONFIDENTIAL-ATTORNEY’S EYES ONLY. 4 2.86 Protected Material: any Disclosure or Discovery Material that is designated 5 as CONFIDENTIAL or CONFIDENTIAL-ATTORNEY’S EYES ONLY. 6 2.7. Outside Counsel: attorneys who are not employees of a Party but who are 7 retained to represent or advise a Party in this action. 8 2.8. Expert: a person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 10 expert witness or as a consultant in this action and who is not a past or a current 11 employee of a Party or of a competitor of a Party’s and who, at the time of retention, is 12 not anticipated to become an employee of a Party or a competitor of a Party’s. This MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  13 definition includes a professional jury or trial consultant retained in connection with this 14 litigation. 15 2.9. 16 services Professional Vendors: persons or entities that provide litigation support (e.g., photocopying; videotaping; translating; preparing exhibits or 17 demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and 18 their employees and subcontractors. 19 3. SCOPE. The protections conferred by this Stipulation and Order cover not only 20 Protected Material (as defined above), but also any information copied or extracted 21 therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus 22 testimony, conversations, or presentations by parties or counsel to or in court or in other 23 settings that might reveal Protected Material. 24 4. DURATION. Even after the termination of this litigation, the confidentiality 25 obligations imposed by this Order shall remain in effect indefinitely until a Designating 26 Party specifically agrees otherwise in writing or a court order otherwise directs. 27 5. DESIGNATING PROTECTED MATERIAL 28 5.1 Manner and Timing of Designations. Except as otherwise provided in this 2 Order On Stipulation For Confidentiality Order     1 Order or as otherwise stipulated or ordered, material that qualifies for protection under 2 this Order must be clearly so designated before the material is disclosed or produced. 3 Material (regardless of how generated, stored or maintained) or tangible things that 4 contain non-public financial, personal or business information may be designated 5 “Confidential.” Material (regardless of how generated, stored or maintained) or 6 tangible things that contain confidential information that the producing party believes 7 cannot be disclosed without threat of competitive injury because such material contains 8 proprietary or commercially sensitive information may be designated “Confidential9 Attorney’s Eyes Only”. Designation in conformity with this Order requires: 10 (a) for a Designating Party, placing the plainly visible legend 11 “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY’S EYES ONLY” on each 12 page of the materials or physically on the outside of any media containing or storing MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  13 electronic documents, data, or material, prior to production; however, stamping the 14 legend “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY’S EYES ONLY” on 15 the cover of any multi-page document shall designate all pages of the document as 16 confidential, unless otherwise indicated by the Designating Party; 17 (b) for a Receiving Party, within twenty-one (21) days after receipt of 18 materials not previously designated as “CONFIDENTIAL” or “CONFIDENTIAL19 ATTORNEY’S EYES ONLY” by a Producing Party, by placing the plainly visible 20 legend “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY’S EYES ONLY” on 21 each page of the materials or physically on the outside of any media containing or 22 storing electronic documents, data, or material, prior to production and notifying all 23 parties of such designation; however, stamping the legend “CONFIDENTIAL” or 24 “CONFIDENTIAL-ATTORNEY’S EYES ONLY” on the cover of any multi-page 25 document shall designate all pages of the document as confidential, unless otherwise 26 indicated by the Designating Party; 27 (c) for testimony given in deposition or in other pretrial or trial 28 proceedings, a Designating Party may designate as confidential in writing and/or by 3 Order On Stipulation For Confidentiality Order     1 making a statement to that effect on the record at the deposition or other proceeding. 2 Arrangements may be made with the court reporter taking and transcribing such 3 proceeding to separately bind such portions of the transcript containing information 4 designated as confidential, and to label such portions appropriately. If such a 5 designation is made after the transcripts are prepared, each Party maintaining custody of 6 such transcripts shall protect their confidentiality notwithstanding that they may not 7 have been marked “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY’S EYES 8 ONLY.” The designation of testimony as “CONFIDENTIAL” or “CONFIDENTIAL9 ATTORNEY’S EYES ONLY” at a court hearing or trial shall be subject to the prior 10 approval of the Court. Depositions involving Protected Material which is subject to this 11 stipulation and order shall be taken only in the presence of Qualified Persons defined in 12 Sections 7.2 and 7.3 below. MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  13 5.2 14 qualified Inadvertent Failures to Designate. information or items as An inadvertent failure to designate CONFIDENTIAL or CONFIDENTIAL- 15 ATTORNEY’S EYES ONLY does not, standing alone, waive any Party’s right to 16 secure protection under this Order for such material. If material is appropriately 17 designated as CONFIDENTIAL or CONFIDENTIAL-ATTORNEY’S EYES ONLY 18 after the material was initially produced, all Parties, on timely notification of the 19 designation, must make reasonable efforts to assure that the material is treated in 20 accordance with the provisions of this Order. Failure to take prompt or appropriate 21 action to rectify any inadvertent production within a reasonable time after materials are 22 produced without designation may, in appropriate circumstances, result in a loss of 23 confidentiality or secrecy. 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 This order is be without prejudice to the right of any Party to this action (i) 26 to bring before the Court at any time by application or motion a challenged to the 27 propriety of designating any matter as confidential and subject to this stipulation and 28 order or (ii) to present a motion to the Court for a separate protective order as to any 4 Order On Stipulation For Confidentiality Order     1 particular document or information, including restrictions differing from those as 2 specified herein. This order shall not be deemed to prejudice the parties in any way in 3 any future such application or motion or for an application or motion to modify this 4 stipulation and order. 5 6.2 The burden of persuasion in any such challenge proceeding shall be on the 6 Designating Party. Until the Court rules on the challenge, all parties shall continue to 7 afford the material in question the level of protection to which it is entitled under the 8 Producing Party’s designation. 9 7. 10 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. (a) 11 A Receiving Party may use Protected Material that is disclosed or 12 produced by another Party or by a non-party in connection with this case only for MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  13 prosecuting, defending, or attempting to settle this or related litigation. Such Protected 14 Material may be disclosed only to the categories of Qualified Persons and under the 15 conditions described in this Order. Protected Material shall not lose its confidential 16 status through use in this action. When the litigation has been terminated, a Receiving 17 Party must comply with the provisions of Section 11, below. (b) 18 Protected Material must be stored and maintained by a Receiving 19 Party at a location and in a secure manner that ensures that access is limited to the 20 persons authorized under this Order. Nothing in this Protective Order shall limit any 21 Designating Party’s use of its own documents and information, nor shall it prevent the 22 Designating Party from disclosing its own confidential information or documents to any 23 person. Such disclosure shall not affect any designations made pursuant to the terms of 24 this Protective Order, so long as the disclosure is made in a manner that is reasonably 25 calculated to maintain the confidentiality of the information. 26 7.2 Disclosure of CONFIDENTIAL Information or Items. Unless otherwise 27 ordered by the Court or permitted in writing by the Designating Party, a Receiving 28 Party may disclose any information or item designated “CONFIDENTIAL” only to the 5 Order On Stipulation For Confidentiality Order     1 following Qualified Persons: (a) 2 the Receiving Party’s Outside Counsel of record in this action, as 3 well as employees of said Counsel to whom it is reasonably necessary to disclose the 4 information for this litigation; (b) 5 the Receiving Party, the officers, directors, managers, members and 6 employees of the Receiving Party to whom disclosure is reasonably necessary for this 7 litigation and who have signed the “Agreement to Be Bound by Protective Order” 8 (Exhibit A); (c) 9 Experts (as defined in this Order) of the Receiving Party to whom 10 disclosure is reasonably necessary for this litigation and who have signed the 11 Agreement to Be Bound by Protective Order (Exhibit A); (d) the Court and its personnel; 13 MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  12 (e) court reporters and their staffs; 14 (f) a mediator or settlement officer; 15 (g) Professional Vendors to whom disclosure is reasonably necessary 16 for this litigation and who have signed the Agreement to Be Bound by Protective Order 17 (Exhibit A); and (h) 18 the author or recipient of the document, the original source of the 19 information, or a person who reviewed the document prior to the commencement of the 20 litigation, who has signed the Agreement To Be Bound by Protective Order (Exhibit A). 21 7.3 Disclosure of CONFIDENTIAL-ATTORNEY’S EYES ONLY 22 Information or Items. Unless otherwise ordered by the Court or permitted in writing by 23 the Designating Party, “CONFIDENTIAL-ATTORNEY’S EYES ONLY may be 24 disclosed” only to the following Qualified Persons: 25 (a) the Receiving Party’s Outside Counsel of record in this action, as 26 well as employees of said Counsel to whom it is reasonably necessary to disclose the 27 information for this litigation; 28 (b) Experts (as defined in this Order) of the Receiving Party to whom 6 Order On Stipulation For Confidentiality Order     1 disclosure is reasonably necessary for this litigation and who have signed the 2 Agreement to Be Bound by Protective Order (Exhibit A); 3 (c) the Court and its personnel; 4 (d) a mediator or settlement officer; 5 (e) court reporters and their staffs; 6 (f) Professional Vendors to whom disclosure is reasonably necessary 7 for this litigation and who have signed the Agreement to Be Bound by Protective Order 8 (Exhibit A); and 9 (g) the author or recipient of the document, the original source of the 10 information, or a person who reviewed the document prior to the commencement of the 11 litigation, who has signed the Agreement To Be Bound by Protective Order (Exhibit A). 12 Such Protected Material shall not be disclosed to a Party to this action or a Party’s MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  13 officers, directors, managers, members and employees. 14 8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. If a 15 Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 16 Material to any person or in any circumstance not authorized under this Stipulated 17 Protective Order, the Receiving Party must immediately (a) notify in writing the 18 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 19 copies of the Protected Material, (c) inform the person or persons to whom 20 unauthorized disclosures were made of all the terms of this Order, and (d) request such 21 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that 22 is attached hereto as Exhibit A. 23 9. Nothing herein shall impose any restrictions (a) on the use or disclosure by a 24 party to this lawsuit of material obtained by such Party independent of discovery in this 25 action, whether or not such material is also obtained through discovery in this action, or 26 (b) on a Party disclosing its own Protected Material. 27 10. FILING PROTECTED MATERIAL. In the event that any Protected Material is 28 used in any Court proceeding in this action, settlement conference or mediation, it shall 7 Order On Stipulation For Confidentiality Order     1 not lose its confidential status through such use, and the Party using such material shall 2 take all reasonable steps to maintain its confidentiality during such use. With respect to 3 use of Protected material in any Court proceeding, the Party wishing to use the 4 Protected Material shall comply with Central District of California Local Rule 79-5.1 5 and the Court’s standing order entitled Procedures For Requesting Under Seal Filings, 6 Revised July 8, 2013, Should the Court deny any application or motion to file 7 Protected Material under seal with the Court, the Party desiring to use the Protected 8 Material shall nonetheless be entitled to use and file such material with the Court 9 regardless of this stipulation and order. 10 11. FINAL DISPOSITION. Unless otherwise ordered or agreed in writing by the 11 Producing Party, within sixty (60) days after the final termination of this action, other 12 than that which is contained in pleadings, correspondence between the parties, and MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  13 deposition transcripts, shall either (a) return such documents to counsel for the Party or 14 non-party who provided such information, or (b) destroy such documents. Whether the 15 Protected Material is returned or destroyed, the Receiving Party must submit a written 16 certification to the Producing Party (and, if not the same person or entity, to the 17 Designating Party) by the sixty (60) day deadline that identifies (by category, where 18 appropriate) all the Protected Material that was returned or destroyed. Notwithstanding 19 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 20 papers, transcripts, legal memoranda, correspondence or attorney work product, even if 21 such materials contain Protected Material. Any such archival copies that contain or 22 constitute Protected Material remain subject to this Protective Order as set forth in 23 Section 4 (DURATION) above. 24 12. THIRD PARTY DOCUMENTS PRODUCED PURSUANT TO SUBPOENA. 25 For documents produced pursuant to subpoena or subpoena duces tecum or in other 26 proceedings outside of open court or trial, that any Party or non-party believes should 27 be designated “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY’S EYES 28 ONLY”, that Designating Party shall have a right up to twenty-one (21) days to 8 Order On Stipulation For Confidentiality Order     1 designate the document to which protection is sought. The 21-day period shall run 2 from the date the documents are produced by the third party. Only those documents 3 that are appropriately designated for protection within the twenty-one (21) days shall be 4 covered by the provisions of this Stipulated Protective Order. The Designating Party 5 shall be required to provide notice detailing those documents that are being designated 6 “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY’S EYES ONLY.” 7 13. DESIGNATIONS FOR PRE-TRIAL ONLY 8 The designations made under this confidentiality order and the legends used to 9 make those designations are for pretrial purposes only. The failure to challenge a 10 designation or the submission of a designated document to the Court shall not be held to 11 be an admission or to create a presumption that a designated document or thing is or 12 was confidential and such failure shall not be admissible in Court for any MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  13 reason. Further, at any jury trial in the action, prior to introducing the document as an 14 exhibit or showing it to the jury, all confidentiality designations made pursuant to this 15 confidentiality order shall be removed from the document to the extent reasonable and 16 practicable. 17 14. MISCELLANEOUS 18 14.1 Right to Further Relief. All parties reserve the right to seek modification 19 of this Protective Order at any time for good cause. The parties agree to meet and 20 confer prior to seeking to modify this Protective Order for any reason. The restrictions 21 imposed by this Protective Order may be modified or terminated by written stipulation 22 of all parties or by order of Court. Parties to this Action who are not listed herein or 23 who become parties to this Action after the latest date of execution may become parties 24 to this Protective Order, and thereby be bound by all the terms and conditions stated 25 herein, by executing a written agreement thereto, to be signed by all Outside Counsel 26 for the parties, and which designates Outside Counsel for the additional party. 27 14.2 Right to Assert Other Objections. By stipulating to the entry of this 28 Protective Order no Party waives any right it otherwise would have to object to 9 Order On Stipulation For Confidentiality Order     1 disclosing or producing any information or item on any ground not addressed in this 2 Stipulated Protective Order. Similarly, no Party waives any right to object on any 3 ground to use in evidence of any of the material covered by this Protective Order. 4 14.3 No Admission or Waiver. This stipulation and order is entered solely for 5 the purpose of facilitating the exchange of documents and information between the 6 parties to this action without involving the Court unnecessarily in the process. Nothing 7 in this stipulation and order, nor the production of any information or document under 8 the terms of this stipulation and order, nor any proceedings pursuant to this stipulation 9 and order, shall be deemed to have the effect of an admission or waiver by any Party or 10 of altering the confidentiality or non-confidentiality of any such document or 11 information or altering any existing obligation of any Party or the absence thereof. 12 14.4 Jurisdiction. The Court shall retain jurisdiction over all persons subject to MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  13 this stipulation and order to the extent necessary to enforce any obligations arising 14 hereunder or to impose sanctions for any contempt thereof. 15 16 Dated: April 27, 2015 17 __________________________________ Honorable Jay C. Gandhi District Court Judge 18 19 20 21 22 23 24 25 26 27 28 10 Order On Stipulation For Confidentiality Order     1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND I, _____________________________________ [print or type full name], of 3 4 _____________________________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the District Court for the Central District of 7 California in the case of Tivoli, Inc. v. Targetti Sankey, S.p.A., et al., Case No. 14-cv8 01285-DOC(JCGx). I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order. I agree that I will not disclose in any manner any information or item that is 10 11 subject to the Stipulated Protective Order to any person or entity except in strict 12 compliance with the provisions of this Order. MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  13 14 Date: 15 Printed Name: 16 17 Signature: 18 19 20 21 22 23 24 25 26 27 28 11 Order On Stipulation For Confidentiality Order     1 DECLARATION OF ELECTRONIC SERVICE 2 Central District of California Case No. 14-01285 DOC (JCGx) 3 Service of the attached document was accomplished pursuant to Central District 4 of California, Order Authorizing Electronic Filing, General Order No. 08-03 and Local 5 Rule 5.3-3, which provide in part: “Upon the electronic filing of a document, a Notice 6 of Electronic Filing (NEF) is automatically generated by the CM/ECF system and sent 7 by e-mail to all attorneys in the case who are registered as CM/ECF Users and have 8 consented to electronic service. Service by this electronic NEF constitutes service 9 pursuant to the Federal Rules of Civil and Criminal Procedure for all attorneys who 10 have consented to electronic service.” 11 I declare under penalty of perjury under the laws of the United States of America 12 that the above is true and correct. MYERS BERSTEIN LLP  2 EXECUTIVE CIRCLE, SUITE 205  IRVINE, CALIFORNIA 92614  13 Executed on April 17, 2015, at Irvine, California. 14 15 By: /s/ David A. Berstein David A. Berstein 16 17 18 19 20 21 22 23 24 25 26 27 28 12 Order On Stipulation For Confidentiality Order

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