Hestan Commercial Corporation v. Jade Range, LLC

Filing 51

PROTECTIVE ORDER by Magistrate Judge Karen E. Scott. (see document for details). (dro)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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HESTAN COMMERCIAL
CORPORATION, a Delaware Corporation,
Plaintiff,

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Case No. 8:16-cv-02036-JLS-KES
PROTECTIVE ORDER

v.
JADE RANGE, LLC, a Delaware limited
liability company,

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Defendant.

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AND RELATED CLAIMS.
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A.

PURPOSES AND LIMITATIONS

Discovery in this action is likely to involve production of confidential, proprietary,

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or private information for which special protection from public disclosure and from use

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for any purpose other than prosecuting this litigation may be warranted. The parties

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

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

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

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

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Section 12.3, below, that this Protective Order does not entitle them to file confidential

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information under seal; Civil Local Rule 79-5 sets forth the procedures that must be

PROTECTIVE ORDER

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followed and the standards that will be applied when a party seeks permission from the

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court to file material under seal.

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B.

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This action involves direct competitors in the commercial range industry, and is

GOOD CAUSE STATEMENT

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likely to involve the discovery of trade secrets, customer and pricing lists and other

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

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information for which special protection from public disclosure and disclosure to the

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competitive parties is warranted. In addition, this action involves the actions of

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individual employees which may require the disclosure of personnel files and other

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information that would be considered private under various privacy laws.

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Such confidential and proprietary materials and information consist of, among

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other things, confidential business or financial information, information regarding

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confidential business practices, or other confidential research, development, or

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commercial information (including information implicating privacy rights of both parties

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and third parties), information otherwise generally unavailable to the public, or which

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may be privileged or otherwise protected from disclosure under state or federal statutes,

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court rules, case decisions, or common law.

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Accordingly, to expedite the flow of information, to facilitate the prompt resolution

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of disputes over confidentiality of discovery materials, to adequately protect information

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the parties are entitled to keep confidential, to ensure that the parties are permitted

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reasonable necessary uses of such material in preparation for and in the conduct of trial,

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to address their handling at the end of the litigation, and serve the ends of justice, a

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protective order for such information is justified in this matter. The information shall not

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

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

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

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case.

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PROTECTIVE ORDER

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2.

DEFINITIONS
2.1.

Action: This pending federal law suit, including the counterclaims and third

party claims.
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: information (regardless of how it

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is generated, stored or maintained) or tangible things that qualify for protection under

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Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

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Statement.

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2.4.

Counsel: Outside Counsel of Record (as well as their support staff).

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2.5.

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

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items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL,”

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“EMPLOYEE CONFIDENTIAL - ATTORNEYS’ EYES ONLY” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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2.6.

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

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

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other things, testimony, transcripts, and tangible things), that are produced or generated in

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disclosures or responses to discovery in this matter.

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2.7.

“EMPLOYEE CONFIDENTIAL - ATTORNEYS’ EYES ONLY”

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Information or Items: Extremely sensitive “Confidential Information or Items” relating to

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an Individual the disclosure of which to other Individuals, a competitor or other Non-

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Party would create a substantial risk of serious harm that could not be avoided by less

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restrictive means.

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2.8.

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

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

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expert witness or as a consultant in this Action.

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2.9.

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information

or Items: Extremely sensitive “Confidential Information or Items,” the disclosure of
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which to a competitor or other Non-Party would create a substantial risk of serious harm

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that could not be avoided by less restrictive means.

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

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2.11. Outside Counsel of Record: attorneys who are not employees of a party to

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

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

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

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

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

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support staffs).

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2.13. Privileged Material: Communications, documents or information protected
by the attorney-client privilege, work product doctrine, or any other privilege.

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2.14. Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.15. Professional Vendors: persons or entities that provide litigation support

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

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

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their employees and subcontractors.

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2.16. Protected Material: Any Disclosure or Discovery Material that is designated

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as “CONFIDENTIAL,” “EMPLOYEE CONFIDENTIAL - ATTORNEYS’ EYES

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ONLY” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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2.17. Receiving Party: a Party that receives Disclosure or Discovery Material

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from a Producing Party.

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3.

SCOPE

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The protections conferred by this Order cover not only Protected Material (as

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defined above), but also (1) any information copied or extracted from Protected Material;

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(2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any
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testimony, conversations, or presentations by Parties or their Counsel that might reveal

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Protected Material. However, the protections conferred by this Order do not cover the

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

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

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to a Receiving Party as a result of publication not involving a violation of this Order,

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including becoming part of the public record through trial or otherwise; and (b) any

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information known to the Receiving Party prior to the disclosure or obtained by the

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Receiving Party after the disclosure from a source who obtained the information lawfully

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and under no obligation of confidentiality to the Designating Party. Any use of Protected

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Material at trial shall be governed by a separate agreement or order.

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Any use of Protected Material at trial shall be governed by the orders of the trial

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judge. This Order does not govern the use of Protected Material at trial.

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4.

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DURATION
Once a case proceeds to trial, all of the information that was designated as

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confidential or maintained pursuant to this protective order and introduced at trial

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becomes public and will be presumptively available to all members of the public,

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including the press, unless compelling reasons supported by specific factual findings to

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proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v.

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City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing

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“good cause” showing for sealing documents produced in discovery from “compelling

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reasons” standard when merits-related documents are part of court record).

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Regarding Protected Material never made party of the court record, even after final

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disposition of this litigation, the confidentiality obligations imposed by this Order shall

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remain in effect until a Designating Party agrees otherwise in writing or a court order

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otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all

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claims and defenses in this Action, with or without prejudice; and (2) final judgment

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herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or

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reviews of this Action, including the time limits for filing any motions or applications for

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extension of time pursuant to applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1.

Exercise of Restraint and Care in Designating Material for Protection. Each

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Party or Non-Party that designates information or items for protection under this Order

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must take care to limit any such designation to specific material that qualifies under the

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appropriate standards. The Designating Party must designate for protection only those

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parts of material, documents, items, or oral or written communications that qualify so that

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other portions of the material, documents, items, or communications for which protection

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is not warranted are not swept unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations that

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are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

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to unnecessarily encumber the case development process or to impose unnecessary

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expenses and burdens on other parties) may expose the Designating Party to sanctions.

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

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2.

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

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

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ordered, Disclosure or Discovery Material that qualifies for protection under this Order

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must be clearly so designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:
(a)

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

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

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that the Producing Party affix at a minimum, the legend “CONFIDENTIAL,”

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“EMPLOYEE CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (or a substantially similar legend), to

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each page that contains protected material. If only a portion or portions of the material on
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a page qualifies for protection, the Producing Party also must clearly identify the

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

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documents are produced in native format, it shall be sufficient for the Producing Party to

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either include the terms “CONFIDENTIAL,” “EMPLOYEE CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” (or a substantially similar legend) in the file name for the document and/or to

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include an associated placeholder document bearing the terms “CONFIDENTIAL,”

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“EMPLOYEE CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (or a substantially similar legend).

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

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

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

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designation, all of the material made available for inspection shall be deemed “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has

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

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

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

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appropriate legend (“CONFIDENTIAL,” “EMPLOYEE CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” (or a substantially similar legend)) to each page that contains Protected Material.

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If only a portion or portions of the material on a page qualifies for protection, the

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

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appropriate markings in the margins).

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(b)

for testimony given in depositions that the Designating Party shall

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identify on the record, before the close of the deposition, hearing, or other proceeding, all

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protected testimony and specify the level of protection being asserted. Alternatively, the

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Designating Party may identify the specific portions of the testimony as to which

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protection is sought and to specify the level of protection being asserted within 30 days
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PROTECTIVE ORDER

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following receipt of the reporter’s transcript of the deposition, hearing, or other

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proceeding (or longer if agreed to by the Parties). Only those portions of the testimony

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that are appropriately designated for protection within the 30 days (or longer if agreed to

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by the Parties) shall be covered by the provisions of this Order. A Designating Party may

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specify, at the deposition or within 30 days of receipt of the reporter’s transcript (or

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longer if agreed to by the Parties) that the entire transcript shall be treated as

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“CONFIDENTIAL,” “EMPLOYEE CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the extent such a

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designation is consistent with the other terms of this Order. The use of a document as an

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exhibit at a deposition shall not in any way affect its designation as “CONFIDENTIAL,”

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“EMPLOYEE CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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Transcripts containing Protected Material shall have an obvious legend on the title

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page that the transcript contains Protected Material, and the title page shall be followed

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by a list of all pages (including line numbers as appropriate) that have been designated as

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Protected Material and the level of protection being asserted by the Designating Party.

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The Designating Party shall inform the court reporter of these requirements. Any

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transcript that is prepared before the expiration of a 30-day period for designation shall be

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treated during that period as if it had been designated “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the

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expiration of that period, the transcript shall be treated only as actually designated.

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(c)

for information produced in some form other than documentary and

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

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

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“CONFIDENTIAL,” “EMPLOYEE CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (or a substantially

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similar legend). If only a portion or portions of the information warrants protection, the

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Producing Party, to the extent practicable, shall identify the protected portion(s).
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5.3.

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

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

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

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

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assure that the material is treated in accordance with the provisions of this Order.

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6.

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6.1.

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

of confidentiality at any time that is consistent with the Court’s Scheduling Order.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.2.

Meet and Confer. The Challenging Party shall initiate the dispute resolution

process under Local Rule 37.1 et seq.

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6.3.

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

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Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to

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harass or impose unnecessary expenses and burdens on other parties) may expose the

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Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn

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the confidentiality designation, all parties shall continue to afford the material in question

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the level of protection to which it is entitled under the Producing Party’s designation until

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the Court rules on the challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1.

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

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

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

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

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described in this Order. When the Action has been terminated, a Receiving Party must

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comply with the provisions of Section 13 below (FINAL DISPOSITION).

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

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

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authorized under this Order.

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7.2.

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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ordered by the court or permitted in writing by the Designating Party, a Receiving Party

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may disclose any information or item designated “CONFIDENTIAL” only to:

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(a)

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

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

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to disclose the information for this Action;

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(b)

the officers, directors, and employees of the Receiving Party to whom

disclosure is reasonably necessary for this Action;
(c)

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

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disclosure is reasonably necessary for this Action and who have signed the

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

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(d)

the court and its personnel;

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(e)

court reporters and their staff;

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(f)

professional jury or trial consultants, mock jurors, and Professional

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

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

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(g)

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;
(h)

during their depositions, witnesses, and attorneys for witnesses, in the

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Action to whom disclosure is reasonably necessary provided: (1) the deposing party

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requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not

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be permitted to keep any confidential information unless they sign the “Acknowledgment

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and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating

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

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depositions that reveal Protected Material may be separately bound by the court reporter

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and may not be disclosed to anyone except as permitted under this Protective Order; and

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(i)

any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions.
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7.3.

Disclosure of “EMPLOYEE CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in

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writing by the Designating Party, a Receiving Party may disclose any information or item

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designated “EMPLOYEE CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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(a)

The Receiving Party’s Outside Counsel of Record in this action, as

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

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to disclose the information for this litigation;

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(b)

The Individual Defendant to whom the information relates;

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(c)

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

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necessary for this litigation, and (2) who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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(d)

The Court and its personnel;

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(e)

Court reporters and their staff and professional jury or trial consultants

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

Professional Vendors to whom disclosure is reasonably necessary for

this litigation;
(g)

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;
(h)

during their depositions, witnesses, and attorneys for witnesses, in the

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Action to whom disclosure is reasonably necessary provided: (1) the deposing party

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requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not

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be permitted to keep any confidential information unless they sign the “Acknowledgment

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and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating

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

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depositions that reveal Protected Material may be separately bound by the court reporter

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and may not be disclosed to anyone except as permitted under this Protective Order; and

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(i)

any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions.
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7.4.

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in

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writing by the Designating Party, a Receiving Party may disclose any information or item

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designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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(a)

The Receiving Party’s Outside Counsel of Record in this action, as

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

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to disclose the information for this litigation;

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(b)

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

necessary for this litigation, and (2) who have signed the “Acknowledgment and
Agreement to Be Bound” (Exhibit A);

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(c)

The Court and its personnel;

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(d)

Court reporters and their staff and professional jury or trial consultants

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

Professional Vendors to whom disclosure is reasonably necessary for

this litigation;
(f)

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;
(g)

during their depositions, witnesses, and attorneys for witnesses, in the

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Action to whom disclosure is reasonably necessary provided: (1) the deposing party

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requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not

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be permitted to keep any confidential information unless they sign the “Acknowledgment

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and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating

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

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depositions that reveal Protected Material may be separately bound by the court reporter

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and may not be disclosed to anyone except as permitted under this Protective Order; and

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(h)

any mediator or settlement officer, and their supporting personnel,

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

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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OTHER LITIGATION

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

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

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“CONFIDENTIAL,” “EMPLOYEE CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that Party must:

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(a)

promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;

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(b)

promptly notify in writing the party who caused the subpoena or order

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

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order is subject to this Protective Order. Such notification shall include a copy of this

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Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be

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

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

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

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“CONFIDENTIAL,” “EMPLOYEE CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination

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by the court from which the subpoena or order issued, unless the Party has obtained the

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Designating Party’s permission. The Designating Party shall bear the burden and

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expense of seeking protection in that court of its confidential material and nothing in

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

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this Action to disobey a lawful directive from another court.

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9.

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced by a

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Non-Party in this Action and designated as “CONFIDENTIAL,” “EMPLOYEE

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY” (or a substantially similar legend). Such information

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

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and relief provided by this Order. Nothing in these provisions should be construed as

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prohibiting a Non-Party from seeking additional protections.

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(b)

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

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

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

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information, then the Party shall:

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(1)

promptly notify in writing the Requesting Party and the Non-

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

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agreement with a Non-Party;

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(2)

promptly provide the Non-Party with a copy of the Protective

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

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description of the information requested; and

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(3)

make the information requested available for inspection by the

Non-Party, if requested.

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(c)

If the Non-Party fails to seek a protective order from this court within

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

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produce the Non-Party’s confidential information responsive to the discovery request. If

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the Non-Party timely seeks a protective order, the Receiving Party shall not produce any

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information in its possession or control that is subject to the confidentiality agreement

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with the Non-Party before a determination by the court. Absent a court order to the

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contrary, the Non-Party shall bear the burden and expense of seeking protection in this

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court of its Protected Material.

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10.

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

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

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Protective Order, the Receiving Party must immediately (a) notify in writing the
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Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

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unauthorized copies of the Protected Material, (c) inform the person or persons to whom

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unauthorized disclosures were made of all the terms of this Order, and (d) request such

4

person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is

5

attached hereto as Exhibit A.

6

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

8

When a Producing Party gives notice to Receiving Parties that certain inadvertently

9

produced material is subject to a claim of privilege or other protection, the obligations of

10

the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).

11

This provision is not intended to modify whatever procedure may be established in an e-

12

discovery order that provides for production without prior privilege review. Pursuant to

13

Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the

14

effect of disclosure of a communication or information covered by the attorney-client

15

privilege or work product protection, the parties may incorporate their agreement in a

16

stipulated protective order submitted to the court.

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12.

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19
20

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.
12.2. Right to Assert Other Objections. No Party waives any right it otherwise

21

would have to object to disclosing or producing any information or item on any ground

22

not addressed in this Protective Order. Similarly, no Party waives any right to object on

23

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

24

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

25

Material must comply with Civil Local Rule 79-5. Protected Material may only be filed

26

under seal pursuant to a court order authorizing the sealing of the specific Protected

27

Material at issue. If a Party's request to file Protected Material under seal is denied by the

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PROTECTIVE ORDER

1

court, then the Receiving Party may file the information in the public record unless

2

otherwise instructed by the court.

3

13.

4

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

5

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

6

Protected Material to the Producing Party or destroy such material. As used in this

7

subdivision, “all Protected Material” includes all copies, abstracts, compilations,

8

summaries, and any other format reproducing or capturing any of the Protected Material.

9

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

10

a written certification to the Producing Party (and, if not the same person or entity, to the

11

Designating Party) by the 60 day deadline that (1) identifies (by category, where

12

appropriate) all the Protected Material that was returned or destroyed and (2)affirms that

13

the Receiving Party has not retained any copies, abstracts, compilations, summaries or

14

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

15

Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

16

pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

17

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

18

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

19

Any such archival copies that contain or constitute Protected Material remain subject to

20

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

21

14.

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23
24
25
26

VIOLATIONS
Any violation of this Order may be punished by any and all appropriate measures

including, without limitation, contempt proceedings and/or monetary sanctions.
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
Dated: March 08, 2017

Honorable Karen E. Scott
United States Magistrate Judge

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PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
I, _____________________________ [print or type full name], of

4
5

_________________ [print or type full address], declare under penalty of perjury that I

6

have read in its entirety and understand the Protective Order that was issued by the

7

United States District Court for the Central District of California on _________ [date] in

8

the case of Hestan Commercial Corporation v. Hestan Commercial Corp., et al., Case

9

No. 8:16-cv-02036-JLS-KES. I agree to comply with and to be bound by all the terms of

10

this Protective Order and I understand and acknowledge that failure to so comply could

11

expose me to sanctions and punishment in the nature of contempt. I solemnly promise

12

that I will not disclose in any manner any information or item that is subject to this

13

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

14

this Order.
I further agree to submit to the jurisdiction of the United States District Court for

15
16

the Central District of California for the purpose of enforcing the terms of this Protective

17

Order, even if such enforcement proceedings occur after termination of this action.

18

I hereby appoint __________________________ [print or type full name] of

19

_______________________________________ [print or type full address and telephone

20

number] as my California agent for service of process in connection with this action or

21

any proceedings related to enforcement of this Protective Order.

22
23
24

Date:
City and State where sworn and signed:
Printed name:

25
26

Signature:

______

[printed name]
[signature]

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PROTECTIVE ORDER