Melanie Barber et al v. Johnson and Johnson Co. et al

Filing 53

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 52 . (kh)

1

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs

2

Melanie Barber, Ki Burke, and Joseph Gregorio and Defendants Johnson &

3

Johnson, McNeil PPC, Inc., Johnson & Johnson Consumer Inc., and Ranir LLC as

4

follows:

5
6

1. A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,

7

proprietary, non-public or private information for which special protection from

8

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

9

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

10

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

11

that this Order does not confer blanket protections on all disclosures or responses to

12

discovery and that the protection it affords from public disclosure and use extends

13

only to the limited information or items that are entitled to confidential treatment

14

under the applicable legal principles. The parties further acknowledge, as set forth

15

in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

16

file confidential information under seal; Civil Local Rule 79-5 sets forth the

17

procedures that must be followed and the standards that will be applied when a

18

party seeks permission from the Court to file material under seal.

19
20

B. GOOD CAUSE STATEMENT
This action is likely to involve trade secrets, customer and pricing lists and

21

other valuable research, development, commercial, financial, technical and/or

22

proprietary information or personal information for which special protection from

23

public disclosure and from use for any purpose other than prosecution of this action

24

is warranted. Such confidential and proprietary materials and information consist

25

of, among other things, trade secrets, financial, sales, and cost information; business

26

plans, strategies, projections, or analyses; employee, independent contractor, and

27

third-party compensation; contracts and other documents concerning compensation

28

and employment; studies or analyses; product development materials, product
2

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

formulas, and product formulations; and business and marketing plans, sales plans,

2

data and strategies. Accordingly, to expedite the flow of information, to facilitate

3

the prompt resolution of disputes over confidentiality of discovery materials, to

4

adequately protect information the parties are entitled to keep confidential, to

5

ensure that the parties are permitted reasonable necessary uses of such material in

6

preparation for and in the conduct of trial, to address their handling at the end of the

7

litigation, and serve the ends of justice, a protective order for such information is

8

justified in this matter. It is the intent of the parties that information will not be

9

designated as confidential for tactical reasons and that nothing be so designated

10

without a good-faith belief that it has been maintained in a confidential, non-public

11

manner, and there is good cause why it should not be part of the public record of

12

this case.

13
14
15
16
17
18
19

2. DEFINITIONS
2.1 Action: this pending federal law suit, Melanie Barber et al. v. Johnson &
Johnson et al., 8:16-cv-1954-JLS-JCG (C.D. Cal.).
2.2 Challenging Party: a Party or Non-Party that challenges the designation
of information or items under this Order.
2.3 “CONFIDENTIAL” Information or Items: non-public, confidential or

20

proprietary financial, technical, commercial, or personal information, medical

21

history or medical records (regardless of how generated, stored, or maintained) or

22

tangible things that qualify for protection under Federal Rule of Civil Procedure

23

26(c), and as specified above in the Good Cause Statement.

24
25
26

2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
support staffs).
2.5 Designating Party: a Party or Non-Party that designates information or

27

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

28

“CONFIDENTIAL.”
3

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

2.6 Disclosure or Discovery Material: all items or information, regardless of

2

the medium or manner in which generated, stored, or maintained (including, among

3

other things, testimony, transcripts, and tangible things), that are produced as hard

4

copy, electronically stored information, computer diskette, CD-ROM or otherwise

5

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

6

2.7 Expert: a person with specialized knowledge or experience in a matter

7

pertinent to the litigation who has been retained by a Party or its counsel to serve as

8

an expert witness or as a consultant in this Action and who is not a current

9

employee of, or consultant to, a Party or a direct competitor of a Party and who, at

10

the time of retention, is not anticipated to become an employee of, or consultant to,

11

a Party or a direct competitor of a Party. This definition includes a professional jury

12

or trial consultant retained in connection with this litigation.

13

2.8 House Counsel: attorneys who are employees of a party to this Action,

14

and employed to work as attorneys for that party. House Counsel does not include

15

Outside Counsel of Record or any other outside counsel.

16
17

2.9 Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.

18

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

19

to this Action but are retained to represent or advise a party to this Action and have

20

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

21

which has appeared on behalf of that party, and includes support staff.

22

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

23

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

24

support staffs).

25

2.12 Privilege: the attorney-client privilege, the work product protection, the

26

common-interest privilege, and/or any other privilege, protection, or immunity

27

recognized by law.

28
4

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1
2
3

2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
2.14 Professional Vendors: persons or entities that provide litigation support

4

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

5

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

6

and their employees and subcontractors.

7
8
9
10

2.15 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.

11
12

3. SCOPE

13

The protections conferred by this Stipulation and Order cover not only

14

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

15

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

16

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

17

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

18

Nothing herein shall be construed to prevent any party from using or

19

continuing to use any information that is in the public domain or that subsequently

20

becomes a part of the public domain other than as a result of any act of such party

21

or of disclosure in violation of this Order. Nothing herein shall be construed to

22

prevent a party from using or continuing to use any documents or information

23

known to it or used by it prior to the filing of this Order or that has come into a

24

party’s possession independently of disclosure and/or discovery in this Case, except

25

in accordance with any pre-existing limits attached to those documents or

26

information.

27
28

Nothing contained in this Order shall be construed to limit any party’s rights
to disclose Protected Material to any witness at a deposition or at trial who either
5

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

wrote (in whole or in part), received, or lawfully has or had rightful access to such

2

information, except that such witness must execute the Acknowledgment and

3

Agreement to Be Bound” (Exhibit A).

4

In addition, a witness may be shown any document that contains or reveals

5

Confidential Information if the witness (a) is a 30(b)(6) witness testifying on behalf

6

of the Producing Party, (b) is a present officer or director of the Producing Party

7

with lawful or rightful access to such information of the Producing Party, (c) was

8

an officer or director of the Producing Party at the time the document was sent

9

and/or created, had lawful or rightful access to the document while an officer or

10

director, and who has executed an “Acknowledgment and Agreement to Be Bound”

11

(Exhibit A), (d) was an employee with lawful or rightful access to the information

12

of the Producing Party at the time the document was sent and/or created and is not

13

then-employed by a competitor of the Producing Party, or (e) was an employee of

14

the Producing Party at the time the document was sent and/or created whose duties

15

or position while with the Producing Party would have provided access to the type

16

of Confidential Information at issue. Before any person listed in this section may

17

be shown any document that contains or reveals Confidential Information, the

18

witness must execute the “Acknowledgment and Agreement to Be Bound” (Exhibit

19

A).

20

Nothing in this Order shall prevent a party from attempting to examine as

21

witnesses, during depositions or at trial, persons not authorized to receive

22

documents designated as Confidential Information, as identified herein, if the

23

examination concerns a document that the witness previously had actual lawful

24

access to or prior knowledge of as demonstrated by the document itself or by

25

foundation testimony, so long as the witness executes the “Acknowledgment and

26

Agreement to Be Bound” (Exhibit A). Nor shall this Order prevent counsel from

27

examining a witness to determine whether he or she has prior knowledge of

28

Confidential Information, so long as such examination shall be in a manner that
6

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

does not disclose the details of the designated documents. Any Confidential

2

Information so used shall not lose its confidential status through such use and its

3

confidentiality shall be protected in conformance with this Order.

4
5
6

4. DURATION
Even after final disposition of this litigation, the confidentiality obligations

7

imposed by this Order shall remain in effect until a Designating Party agrees

8

otherwise in writing or a court order otherwise directs. Final disposition shall be

9

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

10

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

11

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

12

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

13

pursuant to applicable law.

14
15
16

5. DESIGNATING PROTECTED MATERIAL
5.1 Exercise of Restraint and Care in Designating Material for Protection.

17

Each Party or Non-Party that designates information or items for protection under

18

this Order must take care to limit any such designation to specific material that

19

qualifies under the appropriate standards. If it comes to a Designating Party’s

20

attention that information or items that it designated for protection do not qualify

21

for protection, that Designating Party must promptly notify all other Parties that it is

22

withdrawing the inapplicable designation.

23

5.2 Manner and Timing of Designations. Except as otherwise provided in this

24

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

25

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

26

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

27

produced.

28

Designation in conformity with this Order requires:
7

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

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

2

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

3

proceedings), that the Producing Party affix at a minimum, the legend

4

“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

5

contains protected material.

6

A Party or Non-Party that makes original documents available for inspection

7

need not designate them for protection until after the inspecting Party has indicated

8

which documents it would like copied and produced. During the inspection and

9

before the designation, all of the material made available for inspection shall be

10

deemed “CONFIDENTIAL.” After the inspecting Party has identified the

11

documents it wants copied and produced, the Producing Party must determine

12

which documents, or portions thereof, qualify for protection under this Order.

13

Then, before producing the specified documents, the Producing Party must affix the

14

“CONFIDENTIAL legend” to each page that contains Protected Material.

15

(b) for testimony given in depositions, that the Designating Party

16

identify the confidential Disclosure or Discovery Material and testimony on the

17

record, before the close of the deposition. The Designating Party shall thereafter

18

make arrangements with the court reporter to bind the confidential portions of the

19

testimony separately. When it appears that substantial portions of the testimony

20

and exhibits may qualify for protection, the Designating Party may invoke on the

21

record (before the deposition or proceeding is concluded) a right to have up to 21

22

days from the date of receipt of the transcript to identify the specific portions of the

23

testimony and exhibits as to which protection is sought. When this right has been

24

invoked, the transcript shall be treated as Protected Material during the sooner of:

25

(a) 21 days from the date of receipt of the transcript; or (b) the date that the specific

26

portions of testimony and exhibits for which protection is sought have been

27

designated as Protected Material and such designations have been served.

28
8

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

(c) for information produced in some form other than documentary and

2

for any other tangible items, that the Producing Party affix in a prominent place on

3

the exterior of the container or containers in which the information is stored the

4

legend “CONFIDENTIAL.” If only a portion or portions of the information

5

warrants protection, the Producing Party, to the extent practicable, shall identify the

6

protected portion(s).

7

5.3 Inadvertent Production or Failures to Designate. An inadvertent failure to

8

designate qualified information or items does not, standing alone, waive the

9

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

10

Promptly upon discovering its error, the Producing Party or person shall notify the

11

receiving party in writing of the error, and within ten (10) days of receipt of notice

12

the receiving party shall either (a) mark all copies of the specified materials with

13

the appropriate legend, (b) destroy the unmarked copies, or (c) return the unmarked

14

copies return them to the Producing Party or person for marking. If returned to the

15

Producing Party for marking, the Producing Party shall return the marked copies to

16

the receiving party within ten (10) business days. The Receiving Party must make

17

reasonable efforts to assure that the material is treated in accordance with the

18

Provisions of this Order, to the extent the material has been used in any other

19

document (e.g., a memorandum) before being re-designated.

20
21

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

22

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

23

designation of confidentiality at any time that is consistent with the Court’s

24

Scheduling Order.

25

6.2 Meet and Confer. A Party wishing to challenge a Designating Party’s

26

confidentiality designation shall begin the process by conferring with counsel for

27

the Designating Party. The Challenging Party shall initiate the dispute resolution

28

process under Local Rule 37.1 et seq.
9

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

6.3 Judicial Intervention. If the parties are unable to informally resolve a

2

challenge to a particular designation, the challenging Party may file and serve a

3

motion that identifies the challenged material and sets forth in detail the basis for

4

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

5

on the Designating Party. Each such motion must be accompanied by a competent

6

declaration that affirms that the movant has complied with the meet and confer

7

requirements imposed in the preceding paragraph and that sets forth with specificity

8

the justification for the confidentiality designation that was given by the

9

Designating Party in the meet-and-confer dialogue. Until the Court rules on the

10

challenge, all parties shall continue to afford the material in question the level of

11

protection to which it is entitled under the Producing Party’s designation.

12
13

7. ACCESS TO AND USE OF PROTECTED MATERIAL

14

7.1 Basic Principles. A Receiving Party may use Protected Material that is

15

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

16

Action only for prosecuting, defending, or attempting to settle this Action. Such

17

Protected Material may be disclosed only to the categories of persons and under the

18

conditions described in this Order. When the Action has been terminated, a

19

Receiving Party must comply with the provisions of section 13 below (FINAL

20

DISPOSITION).

21

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

22

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

23

authorized under this Order.

24

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

25

otherwise ordered by the Court or permitted in writing by the Designating Party, a

26

Receiving Party may disclose any information or item designated

27

“CONFIDENTIAL” only to:

28
10

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

(a) the Receiving Party’s Outside Counsel of Record in this Action, as

2

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

3

necessary to disclose the information for this Action;

4
5

(b) the officers, directors, and employees (including House Counsel) of
the Receiving Party to whom disclosure is reasonably necessary for this Action;

6

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

7

disclosure is reasonably necessary for this Action, provided that: (a) such expert or

8

consultant has agreed to be bound by the provisions of the Protective Order by

9

signing a copy of Exhibit A; (b) such expert or consultant is not a current officer,

10

director, or employee of, or a consultant to, a competitor of Defendants, nor

11

anticipated at the time of retention to become an officer, director, or employee of,

12

or a consultant to, a competitor of Defendants; (c) such expert or consultant is not

13

involved in competitive decision-making, as defined by U.S. Steel v. United States,

14

730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of any competitor of

15

Defendants; and (d) such expert or consultant accesses the materials in the United

16

States only, and does not transport them to or access them from any foreign (i.e.,

17

outside the United States) jurisdiction (unless such material originated from or is

18

produced from any such foreign jurisdiction; moreover, the Parties agree to meet

19

and confer over potential alterations to this Protective Order as reasonably

20

necessary to enable the parties to take testimony on technical matters in a foreign

21

jurisdiction);

22

(d) the Court and its personnel;

23

(e) court reporters and their staff;

24

(f) professional jury or trial consultants, mock jurors, and Professional

25

Vendors to whom disclosure is reasonably necessary for this Action and who have

26

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

27
28

(g) the author or recipient of a document containing the information or
a custodian or other person who otherwise possessed or knew the information;
11

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

(i) any mediator or settlement officer, and their supporting personnel,

2

mutually agreed upon by any of the parties engaged in settlement discussions;

3

(j) such other persons as the Designating Party may authorize in

4

writing (and subject to any conditions at that time, such as requiring execution of

5

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

6

(k)

named Plaintiffs.

7
8
9
10

8. 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

11

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

12

“CONFIDENTIAL,” that Party must:

13
14
15

(a) promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or

16

order to issue in the other litigation that some or all of the material covered by the

17

subpoena or order is subject to this Protective Order. Such notification shall

18

include a copy of this Stipulated Protective Order; and

19

(c) cooperate with respect to all reasonable procedures sought to be

20

pursued by the Designating Party whose Protected Material may be affected.

21

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

22

subpoena or court order shall not produce any information designated in this action

23

as “CONFIDENTIAL” before a determination by the Court from which the

24

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

25

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

26

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

27

should be construed as authorizing or encouraging a Receiving Party in this Action

28

to disobey a lawful directive from another court.
12

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1
2

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

3

PRODUCED IN THIS LITIGATION

4

(a) The terms of this Order are applicable to information produced by a Non-

5

Party in this Action and designated by the Non-Party or by any Party to this action

6

as “CONFIDENTIAL.” Such information produced by Non-Parties in connection

7

with this litigation is protected by the remedies and relief provided by this Order.

8

Nothing in these provisions should be construed as prohibiting a Non-Party from

9

seeking additional protections.

10

(b) In the event that a Party is required, by a valid discovery request, to

11

produce a Non-Party’s confidential information in its possession, and the Party is

12

subject to an agreement with the Non-Party not to produce the Non-Party’s

13

confidential information, then the Party shall:

14

(1) promptly notify in writing the Requesting Party and the Non-Party

15

that some or all of the information requested is subject to a confidentiality

16

agreement with a Non-Party;

17

(2) promptly provide the Non-Party with a copy of the Stipulated

18

Protective Order in this Action, the relevant discovery request(s), and a reasonably

19

specific description of the information requested; and

20
21
22

(3) make the information requested available for inspection by the
Non-Party, if requested.
(c) If the Non-Party fails to seek a protective order from this Court within 14

23

days of receiving the notice and accompanying information, the Receiving Party

24

may produce the Non-Party’s confidential information responsive to the discovery

25

request. If the Non-Party timely seeks a protective order, the Receiving Party shall

26

not produce any information in its possession or control that is subject to the

27

confidentiality agreement with the Non-Party before a determination by the Court.

28

Absent a court order to the contrary, the Non-Party shall bear the burden and
13

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

expense of seeking protection in this Court of its Protected Material. Nothing in

2

this Order shall prohibit a Party producing Protected Material of a Non-Party from

3

asserting confidentiality for such Non-Party material.

4
5
6

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

7

Protected Material to any person or in any circumstance not authorized under this

8

Stipulated Protective Order, the Receiving Party must immediately (a) notify in

9

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

10

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

11

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

12

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

13

and Agreement to Be Bound” that is attached hereto as Exhibit A.

14
15

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

16

PROTECTED MATERIAL

17

11.1. Non Waiver. Under the terms of Fed. R. Evid. 502(d), the production

18

or disclosure of a document containing material subject to a claim of privilege shall

19

not constitute a waiver, in this or any other proceeding, of any privilege applicable

20

to that document or the material contained in that document.

21

11.2. Claw Back. A producing party may, at any time, demand that a

22

receiving party return or destroy a document containing material subject to a good-

23

faith claim of privilege. The demand shall be made in writing and shall identify the

24

document to be returned or destroyed by Bates range whenever possible. Within

25

fifteen calendar days, or such other time as the parties may agree or the Court may

26

order, of receiving such a demand, a receiving party shall certify in writing that: (1)

27

it has returned, destroyed, or otherwise sequestered all copies or versions of the

28

documents requested to be returned or destroyed and that the receiving party shall
14

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

not attempt to examine, review, or use such documents without further order of the

2

Court permitting such activity; and (2) the receiving party has deleted from its work

3

product or other materials any information or material derived from the documents

4

requested to be returned or destroyed. Within twenty calendar days, or such other

5

time as the parties may agree or the Court may order, of receipt of the receiving

6

party’s certification, a producing party shall provide a privilege log for any

7

documents demanded to be returned as well as redacted versions of any of those

8

documents that contain both privileged and non-privileged information and

9

placeholder images for documents containing exclusively privileged information.

10

11.3. Limitations on Use of Clawed Back Documents Pending Court Ruling.

11

After receipt of the producing party’s privilege log and a good faith effort to meet

12

and confer, a receiving party may file a motion to compel production of a document

13

demanded to be returned pursuant to paragraph 11.2 hereof. The motion shall not

14

assert, as a basis for the desired relief, the fact that the material at issue was

15

produced in the case. The motion shall not quote or paraphrase the substance of the

16

document subject to the motion to compel beyond the description of the document

17

contained in the privilege log entry for the document; however the motion may

18

request that an in camera inspection be made of the document. Unless the motion

19

is granted, a requesting party may not use any information contained in the

20

document that has been clawed back for any purpose, unless that same information

21

is available from a non-privileged source.

22

11.4. Notification of Producing Party of the Production of Privileged

23

Materials. If a receiving party receives documents that it has reason to believe are

24

subject to a good faith claim of privilege, the receiving party must refrain from

25

examining the documents any more than is essential to ascertain if the materials are

26

reasonably subject to a privilege claim. The receiving party shall promptly notify

27

the producing party in writing that the receiving party possesses material that

28

appears to be privileged or otherwise protected from disclosure.
15

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1
2
3
4

12. 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.

5

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

6

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

7

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

8

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

9

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

10
11

Order.
12.3 Filing Protected Material. A Party that seeks to file under seal any

12

Protected Material must comply with Civil Local Rule 79-5. Protected Material

13

may only be filed under seal pursuant to a court order authorizing the sealing of the

14

specific Protected Material at issue. If a Party's request to file Protected Material

15

under seal is denied by the Court, then the Receiving Party may file the information

16

in the public record unless otherwise instructed by the Court.

17
18
19

13. FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 60

20

days of a written request by the Designating Party, each Receiving Party must

21

return all Protected Material to the Producing Party or destroy such material. As

22

used in this subdivision, “all Protected Material” includes all copies, abstracts,

23

compilations, summaries, and any other format reproducing or capturing any of the

24

Protected Material. Whether the Protected Material is returned or destroyed, the

25

Receiving Party must submit a written certification to the Producing Party (and, if

26

not the same person or entity, to the Designating Party) by the 60 day deadline that

27

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

28

returned or destroyed and (2)affirms that the Receiving Party has not retained any
16

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

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

2

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

3

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

4

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

5

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

6

work product, even if such materials contain Protected Material. Any such archival

7

copies that contain or constitute Protected Material remain subject to this Protective

8

Order as set forth in Section 4 (DURATION).

9

14. Any violation of this Order may be punished by any and all appropriate

10

measures including, without limitation, contempt proceedings and/or monetary

11

sanctions.

12
13

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

14
15
16
17

Dated: October 6, 2017

RICHARD B. GOETZ
MATTHEW D. POWERS
HANNAH Y. CHANOINE
O’MELVENY & MYERS LLP

18

BY: /s/ Hannah H. Chanoine
Hannah H. Chanoine

19

Attorneys for Defendants

20
21
22
23
24
25
26
27

BURSOR & FISHER, P.A.
BY: /s/ L. Timothy Fisher
L. Timothy Fisher
L. Timothy Fisher (S.B. # 191626)
Joel D. Smith (S.B. # 244902)
Yeremey Krivoshey (S.B. # 295032)
1990 North California Blvd., Suite 940
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

28
17

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1

EXHIBIT A

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
19

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [print or type full name], of
________________________________ [print or type full address], declare under
penalty of perjury that I have read in its entirety and understand the Stipulated
Protective Order that was issued by the United States District Court for the Central
District of California on [date] in the case of Melanie Barber et al. v. Johnson &
Johnson et al., 8:16-cv-1954-JLS-JCG (C.D. Cal.). I agree to comply with and to be
bound by all the terms of this Stipulated Protective Order and I understand and
acknowledge that failure to so comply could expose me to sanctions and
punishment in the nature of contempt. I solemnly promise that I will not disclose in
any manner any information or item that is subject to this Stipulated Protective
Order to any person or entity except in strict compliance with the provisions of this
Order.
I further agree to submit to the jurisdiction of the United States District Court for
the Central District of California for the purpose of enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action. I hereby appoint __________________________ [print
or type full name] of _______________________________________ [print or type
full address and telephone number] as my California agent for service of process in
connection with this action or any proceedings related to enforcement of this
Stipulated Protective Order.
Date: ______________________________________
City and State where sworn and signed: _________________________________
Printed name: _______________________________
Signature: ______________________________________
__________________________________

22
23
24
25
26
27
28
20

STIPULATED PROTECTIVE ORDER
8:16-CV-1954-JLS-JCG