Opus Bank v. Donika Schnell et al
Filing
60
STIPULATED PROTECTIVEORDER by Magistrate Judge Jay C. Gandhi re Notice of Lodging Stipulated Protective Order #59 . (kh)
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Paul Hastings LLP
Bradford K. Newman (SBN 178902)
Jessica E. Mendelson (SBN 280388)
1117 S. California Avenue
Palo Alto, CA 94304
Telephone : 1(650) 320-1800
Facsimile : 1(650) 320-1900
Attorneys for OPUS BANK
Venable LLP
Richard J. Frey (SBN 174120)
Ryan M. Andrews (SBN 274106)
2049 Century Park East, Suite 2300
Los Angeles, CA 90067
Telephone : 1(310) 229-9630
Facsimile : 1(310) 229-9901
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Attorneys for DONIKA SCHNELL, MICHAEL KINNICK,
SHARMILA SOLANKI and BRYAN NANCE
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Sims Funk, PLC
Samuel P. Funk
Mark Lenihan
3310 West End Avenue, #410
Nashville, TN 37203
Telephone : 1(615) 292-9335
Facsimile : 1(615) 649-8565
Peter J. Gimino III (SBN 198926)
pgimino@giminolaw.com
The Gimino Law Office
1 Park Plaza, Suite 600
Irvine, CA 92614
Telephone: (949) 225-4446
Facsimile: (949)225-4447
Attorneys for GREGORY RATLIFF
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION
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CASE NO.: 8:17-CV-00633-CJC-JCG
OPUS BANK,
Plaintiff,
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STIPULATED PROTECTIVE
ORDER
v.
Honorable Jay C. Gandhi
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DONIKA SCHNELL, MICHAEL
KINNICK, SHARMILA SOLANKI,
BRYAN NANCE, and GREGORY
RATLIFF,
Action Filed: April 7, 2017
Trial Date: TBD
Defendants.
___________________________________
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1.
A.
PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,
proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
enter the following Stipulated Protective Order. The parties acknowledge that this
Order does not confer blanket protections on all disclosures or responses to
2
1
discovery and that the protection it affords from public disclosure and use extends
2
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
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in Section 12.3, below, that this Stipulated Protective Order does not entitle them to
5
file confidential information under seal; Civil Local Rule 79-5 sets forth the
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procedures that must be followed and the standards that will be applied when a
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party seeks permission from the court to file material under seal.
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B.
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GOOD CAUSE STATEMENT
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This action is likely to involve trade secrets, customer and pricing lists and
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other valuable research, development, commercial, financial, technical and/or
12
proprietary information for which special protection from public disclosure and
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from use for any purpose other than prosecution of this action is warranted. Such
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confidential and proprietary materials and information consist of, among other
15
things, confidential business or financial information, information regarding
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confidential business practices, strategies, or other confidential research,
17
development, or commercial information (including information implicating
18
privacy rights of third parties), as well as information otherwise generally
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unavailable to the public, or which may be privileged or otherwise protected from
20
disclosure under state or federal statutes, court rules, case decisions, or common
21
law.
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Accordingly, to expedite the flow of information, to facilitate the prompt
23
resolution of disputes over confidentiality of discovery materials, to adequately
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protect information the parties are entitled to keep confidential, to ensure that the
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parties are permitted reasonable necessary uses of such material in preparation for
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and in the conduct of trial, to address their handling at the end of the litigation, and
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serve the ends of justice, a protective order for such information is justified in this
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matter. It is the intent of the parties that information will not be designated as
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confidential for tactica reasons and that nothing be so design
al
nated without a good
d
2
faith belief that it has been mai
s
intained in a confidential, non
n-public m
manner, and
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there is good cause wh it should not be pa of the public recor of this c
hy
d
art
rd
case.
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2.
DEFINITIONS
2.1
Action: This federa litigation, Opus Bank v. Don Schne Michael
T
al
nika
ell,
7
Kinnick, Sharmial Solanki, Bry Nance and Gregory Ratliff Case No 8:17-cvK
yan
ff,
o.
8
00
0633-CJC-JCG.
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2.2
ing Party:
Challengi
a Par
rty or Non-Party that chall
lenges the
de
esignation of informa
ation or items under t Order.
this
2.3
“CONFID
DENTIAL” Information or Items: inform
”
mation (regardless of
12
ho it is generated, stored or maintai ned) or tan
ow
g
r
ngible thin that q
ngs
qualify for
13
pr
rotection under Fede Rule of Civil Procedure 26
eral
o
6(c), and a specifie above in
as
ed
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the Good Cause Statem
ment.
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2.4
Counsel: Outside Counsel of Record a House Counsel (as well as
C
f
and
e
their support staff).
2.5
ing
gnates info
ormation or
Designati Party: a Party or Non-Party that desig
18
items that it produ
uces in disclosures or in responses to discovery as
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“CONFIDENTIAL.”
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2.6
re
overy Mat erial: all it
tems or inf
formation, regardless
,
Disclosur or Disco
21
of the medium or man
f
nner in whi it is generated, st
ich
tored, or m
maintained (including
g,
22
among other things, te
estimony, transcripts, and tangible thing that are produced
gs),
e
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or generated in disclos
r
sures or res
sponses to discovery in this ma
atter.
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2.7
Expert: a person with special
lized knowledge or e
experience in a matter
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pe
ertinent to the litigati who ha been reta
ion
as
ained by a Party or it counsel to serve as
ts
26
an expert witness or as a consultant in this Action.
s
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4
2.8
1
House Co
ounsel: att
torneys wh are employees of a party to t Action
ho
this
n.
2
House Counsel does not include Outside Counsel of Record or any oth outside
n
e
her
3
counsel.
2.9
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5
Non-Party any na
y:
atural person, partnership, corp
poration, a
association
n,
or other legal entity no named as a Party to this actio
r
ot
a
on.
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2.10 Outside Counsel of Record: attorneys who are not employees of a
C
f
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pa to this Action bu are retain to represent or advise a par to this A
arty
ut
ned
rty
Action and
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ha appeared in this Action on behalf of t
ave
A
that party or are affil
liated with a law firm
m
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which has appeared on behalf of that party, and includes support staff.
n
f
10
2.11 Party: an party to this Action, including all of i officers directors
ny
o
its
s,
s,
11
employees, consultant retained experts, a Outside Counsel of Record (and their
ts,
d
and
d
12
support staffs).
2.12 Producing Party: a Party or Non-Part that pro
g
ty
oduces Dis
sclosure or
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Discovery Material in this Action
n.
2.13 Profession Vendo
nal
ors:
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persons or entities tha provide litigation
at
e
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support services (e.g., photocopying, videotaping, translating, preparing exhibits or
17
de
emonstrations, and organizing, storing, or retrieving data in a form o medium)
any
or
18
and their em
mployees an subcont
nd
tractors.
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2.14 Protected Material:
d
:
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de
esignated as “CONFI
IDENTIAL
L.”
2.15 Receiving Party:
g
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any Disclosure or Discov
very Mater
rial that is
losure or Discovery
a Party that receives Discl
Material from a Produ
M
ucing Party
y.
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3.
PE
SCOP
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The protections conferred by this Stipulation and Or
s
rder cover not only
r
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as
but
Protected Material (a defined above), b also (1) any information copied or
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extracted from Protected Ma
aterial; (2) all copi
ies, excer
rpts, summ
maries, or
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compilations of Prot
tected Ma
aterial; and (3) any testimony convers
y,
sations, or
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pr
resentations by Partie or their Counsel th might r
es
C
hat
reveal Prote
ected Mate
erial.
Any use of Prot
tected Mat
terial at trial shall be governed by the or
d
rders of the
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trial judge. This Order does not govern the use of Pr
r
e
rotected Ma
aterial at tr
rial.
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4.
DURATION
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Even after fina disposition of this litigation, the confid
n
al
dentiality obligations
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der
emain in effect until a Desig
gnating Pa
arty agrees
imposed by this Ord shall re
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therwise in writing or a court order otherwise directs. Final dispositio shall be
o
l
on
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de
eemed to be the late of (1) di
b
er
ismissal o f all claims and def
fenses in th Action
his
n,
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with or without prejud
dice; and (2) final judgment herein after the comp
r
pletion and
d
12
exhaustion of all appeals, rehea
arings, re mands, trials, or rev
views of th Action
his
n,
13
including the time limits for filin any mo tions or applications for extension of time
ng
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pu
ursuant to applicable law.
a
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5.
DESIGNATING PROTEC
G
CTED MA
ATERIAL
5.1
Exercise of Restrain and Care in Designating Ma
nt
aterial for Protection
n.
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arty
esignates information or items for protec
ction under
Each Party or Non-Pa that de
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this Order must take care to lim any such design
mit
nation to s
specific material that
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qu
ualifies under the app
propriate st
tandards. The Designating Par must de
rty
esignate for
21
pr
rotection only those parts of material, documents, items, or oral or written
e
f
,
22
communications that qualify so that other portions of the m
o
material, d
documents,
23
items, or communications for which protection is not warr
ranted are not swept
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un
njustifiably within the ambit of this Order.
f
25
Mass, indiscrim
minate, or ro
outinized designations are proh
hibited. De
esignations
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that are shown to be clearly un
njustified or that hav been m
ve
made for an improper
n
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pu
urpose (e.g., to unn
necessarily encumber the case develop
y
pment process or to
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impose unnecessary expenses and burdens on other partie may e
es)
expose the
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Designating Party to sanctions.
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If it comes to a Designatin Party’s attention that inform
ng
mation or it
tems that it
4
esignated for protecti do not qualify for protection, that De
ion
esignating Party must
de
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pr
romptly notify all oth Parties that it is withdrawing the inapp
her
plicable de
esignation.
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5.2
Manner and Timing of Designations. Except as o
a
g
otherwise p
provided in
n
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this Order (see, e.g., second pa
aragraph of section 5.2(a) belo
ow), or as otherwise
s
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stipulated or ordered, Disclosure or Discovery Material that qu
e
ualifies for protection
r
9
un
nder this Order must be clearly so designated before the ma
t
y
aterial is d
disclosed or
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pr
roduced.
c
y
Designation in conformity with this Order requires:
(a)
for in
nformation in docu mentary fo
orm (e.g., paper or electronic
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do
ocuments, but exclu
uding tran
nscripts of depositions or ot
ther pretri or trial
ial
14
pr
roceedings), that th Produ
he
ucing Part affix at a min
ty
nimum, th legend
he
15
“CONFIDENTIAL” (hereinafte “CONFI
(
er
IDENTIAL legend”), to each page that
h
16
contains protected material. If only a portion or por
o
rtions of th material on a page
he
l
17
qu
ualifies for protection the Prod
n,
ducing Part also must clearly i
ty
identify the protected
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po
ortion(s) (e.g., by ma
aking appro
opriate markings in the margins
s).
19
A Par or Nonrty
-Party that makes original documents available for inspection
t
r
n
20
ne not designate the for prot
eed
em
tection unt after the inspectin Party ha indicated
til
ng
as
21
which documents it would like copied and produced. Durin the insp
w
ng
pection and
22
be
efore the designation all of th materia made available for inspectio shall be
d
n,
he
al
on
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de
eemed “CONFIDEN
NTIAL.” After the inspecting Party has iden
ntified the
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do
ocuments it wants copied and produced, the Pro
c
d
oducing Party must determine
25
which documents, or portions thereof, qualify for protectio under t
on
this Order.
26
Then, before producin the specified documents, the Producing Party mu affix the
ng
g
ust
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“CONFIDENTIAL leg
gend” to ea page that contain Protecte Material If only a
ach
ns
ed
l.
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po
ortion or portions of the materi on a page qualifies for prote
ial
ection, the Producing
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1
Party also must cle
early iden
ntify the protected portion(s) (e.g., b making
)
by
g
2
appropriate markings in the marg
i
gins).
(b)
3
for te
estimony given in d
g
depositions that the Designa
e
ating Party
4
identify the Disclosure or Discov
e
very Material on the record, be
e
efore the c
close of the
5
de
eposition all protected testimon
ny.
(c)
6
for inf
formation produced in some form other th docum
p
han
mentary and
d
7
for any other tangible items, tha the Prod ucing Party affix in a prominen place on
at
nt
8
the exterior of the container or containers in which the infor
rmation is stored the
9
legend “CONFIDENT
TIAL.” If only a portion or portions of the in
f
nformation
10
warrants protection, th Producin Party, to the extent practicab shall i
he
ng
ble,
identify the
11
pr
rotected portion(s).
5.3
12
rected, an i
inadverten
nt
Inadvertent Failures to Designate. If timely corr
13
failure to designate qu
ualified inf
formation or items d
does not, standing alone, waive
14
the Designating Party right to secure protection under t
y’s
this Order for such
r
15
material. Upon timely correctio of a des
m
y
on
signation, the Receiv
ving Party must make
16
reasonable efforts to assure tha the material is treated in accordance with the
at
17
pr
rovisions of this Orde
er.
18
19
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6.
CHALLENGIN CONFIDENTIALITY DESIGNATIO
NG
ONS
6.1
Timing of Challen
o
nges.
Any Party or Non-Par may c
y
rty
challenge a
21
esignation of confid
dentiality at any tim that is consisten with th Court’s
me
nt
he
de
22
Scheduling Order.
23
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25
6.2
d
allenging Party shall initiate t dispute
l
the
Meet and Confer. The Cha
resolution process und Local Rule 37.1 et seq.
der
R
6.3
The burde of persu
en
uasion in any such challenge pr
roceeding shall be on
26
the Designating Party Frivolo challenges, and those ma for an improper
y.
ous
ade
n
27
pu
urpose (e.g., to hara or imp
ass
pose unnecessary ex
xpenses an burdens on other
nd
28
pa
arties) may expose the Challen
t
nging Party to sanctions. Un
nless the D
Designating
8
1
Party has waived or withdrawn the confidentiality designation, all pa
n
arties shall
2
continue to afford the material in question the level of prote
e
ection to w
which it is
3
entitled under the Pr
roducing Party’s de
P
esignation until the Court rul on the
les
4
challenge.
5
6
7
7.
ND
O
L
ACCESS TO AN USE OF PROTECTED MATERIAL
7.1
Basic Prin
nciples. A Receiving Party may use Prot
tected Mate
erial that is
8
isclosed or produced by another Party or by a Non
d
n-Party in connection with this
di
9
Action only for prose
y
ecuting, defending, or attempting to settl this Act
le
tion. Such
10
Protected Material ma be disclo
ay
osed only t the categories of p
to
persons and under the
d
11
conditions described in this Order.
O
12
Receiving Party must comply with the provisions of sectio 13 below (FINAL
t
on
w
L
13
DISPOSITION).
Wh
hen the Action has been term
s
minated, a
14
Protected Mater must be stored a maintained by a Receiving Party at a
rial
b
and
g
15
ure
r
imited to t persons
the
location and in a secu manner that ensures that access is li
16
authorized under this Order.
O
17
7.2
Disclosur of “CO
re
ONFIDENT
TIAL” Information or Items
s.
Unless
18
ot
therwise ordered by the court or permitted in writi by the Designatin Party, a
o
ing
ng
19
Receiving
20
“CONFIDENTIAL” only to:
o
21
(a)
Party
may
m
disc
close
any
information
or
r
item
designated
the Re
eceiving Pa
arty’s Outs
side Counsel of Reco in this Action, as
ord
22
well as employees of said Outside Coun
f
nsel of Record to wh
hom it is reasonably
23
ne
ecessary to disclose the informa
t
ation for this Action;
;
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25
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(b)
the off
ficers, dire
ectors, and employees (includin House C
ng
Counsel) of
the Receiving Party to whom dis
sclosure is reasonably necessary for this A
y
Action;
(c)
Expert (as defin in this Order) of the Rece
ts
ned
s
eiving Party to whom
y
m
27
di
isclosure is reasona
ably neces
ssary for this Action and who have signed the
28
“Acknowledgment and Agreeme to Be B
d
ent
Bound” (Exhibit A);
9
1
(d)
the court and its personnel;
2
(e)
court reporters and their staff;
3
(f)
professional jury or trial consultants, mock jurors, and Professional
4
Vendors to whom disclosure is reasonably necessary for this Action and who have
5
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(g)
6
7
the author or recipient of a document containing the information or
a custodian or other person who otherwise possessed or knew the information;
(h)
8
during their depositions, witnesses, and attorneys for witnesses, in
9
the Action to whom disclosure is reasonably necessary provided: (1) the deposing
10
party requests that the witness sign the form attached as Exhibit 1 hereto; and
11
(2) they will not be permitted to keep any confidential information unless they sign
12
the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
13
agreed by the Designating Party or ordered by the court. Pages of transcribed
14
deposition testimony or exhibits to depositions that reveal Protected Material may
15
be separately bound by the court reporter and may not be disclosed to anyone
16
except as permitted under this Stipulated Protective Order; and
(i)
17
18
any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
19
20
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
21
IN OTHER LITIGATION
22
If a Party is served with a subpoena or a court order issued in other litigation
23
that compels disclosure of any information or items designated in this Action as
24
“CONFIDENTIAL,” 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;
(b)
promptly notify in writing the party who caused the subpoena or
order to issue in the other litigation that some or all of the material covered by the
10
1
subpoena or order is subject to this Protective Order.
2
include a copy of this Stipulated Protective Order; and
(c)
3
4
Such notification shall
cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be affected.
5
If the Designating Party timely seeks a protective order, the Party served with
6
the subpoena or court order shall not produce any information designated in this
7
action as “CONFIDENTIAL” before a determination by the court from which the
8
subpoena or order issued, unless the Party has obtained the Designating Party’s
9
permission. The Designating Party shall bear the burden and expense of seeking
10
protection in that court of its confidential material and nothing in these provisions
11
should be construed as authorizing or encouraging a Receiving Party in this Action
12
to disobey a lawful directive from another court.
13
14
9.
15
PRODUCED IN THIS LITIGATION
16
A
NON-PARTY’S
(a)
PROTECTED
MATERIAL
SOUGHT
TO
BE
The terms of this Order are applicable to information produced by a
17
Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
18
produced by Non-Parties in connection with this litigation is protected by the
19
remedies and relief provided by this Order. Nothing in these provisions should be
20
construed as prohibiting a Non-Party from seeking additional protections.
21
(b)
In the event that a Party is required, by a valid discovery request, to
22
produce a Non-Party’s confidential information in its possession, and the Party is
23
subject to an agreement with the Non-Party not to produce the Non-Party’s
24
confidential information, then the Party shall:
25
(1)
promptly notify in writing the Requesting Party and the Non-
26
Party that some or all of the information requested is subject to a confidentiality
27
agreement with a Non-Party;
28
11
(2)
1
promptly provide the Non-Party with a copy of the Stipulated
2
Protective Order in this Action, the relevant discovery request(s), and a reasonably
3
specific description of the information requested; and
(3)
4
5
make the information requested available for inspection by
the Non-Party, if requested.
(c)
6
If the Non-Party fails to seek a protective order from this court
7
within 14 days of receiving the notice and accompanying information, the
8
Receiving Party may produce the Non-Party’s confidential information responsive
9
to the discovery request. If the Non-Party timely seeks a protective order, the
10
Receiving Party shall not produce any information in its possession or control that
11
is subject to the confidentiality agreement with the Non-Party before a
12
determination by the court. Absent a court order to the contrary, the Non-Party
13
shall bear the burden and expense of seeking protection in this court of its Protected
14
Material.
15
16
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
17
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
18
Protected Material to any person or in any circumstance not authorized under this
19
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
20
writing the Designating Party of the unauthorized disclosures, (b) use its best
21
efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
22
person or persons to whom unauthorized disclosures were made of all the terms of
23
this Order, and (d) request such person or persons to execute the “Acknowledgment
24
and Agreement to Be Bound” that is attached hereto as Exhibit A.
25
26
27
28
12
INADVERTEN PRODU
NT
UCTION OF PRIVILEGED OR OTH
HERWISE
E
1
11.
2
PROTECTED MATER
RIAL
3
When a Produ
ucing Party gives notice to Receiving Parties th certain
y
hat
4
inadvertently produce materia is subj
ed
al
ject to a claim of privilege or other
f
e
5
pr
rotection, the obligat
tions of th Receiving Parties are those set forth in Federal
he
s
e
6
Rule of Civil Procedu 26(b)(
ure
(5)(B). This provision is not intended to modify
t
7
whatever procedure may be est
m
tablished in an e-discovery ord that pr
n
der
rovides for
8
pr
roduction without pr privile review Pursuant to Feder Rule of Evidence
rior
ege
w.
ral
9
50
02(d) and (e), insofar as the parties reach an agreem
r
h
ment on th effect of disclosure
he
f
10
of a communication or informati covered by the attorney-client privile or work
f
r
ion
ege
11
pr
roduct protection, th parties may incorporate their agreem
he
m
ment in the stipulated
e
12
pr
rotective order submi
itted to the court.
e
13
14
15
16
12
2.
MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the r
F
right of any
pe
erson to seek its mod
dification by the Court in the future.
b
17
12.2 Right to Assert Oth Objections. By stipulating to the en of this
her
g
ntry
18
Protective Order no Party waiv any right it otherwise wou have to object to
P
ves
uld
o
19
di
isclosing or producin any inf
ng
formation or item on any grou not ad
und
ddressed in
20
this Stipulated Protect
tive Order. Similarly no Party waives a right to object on
.
y,
any
o
21
any ground to use in evidence of any of the mater covere by this Protective
rial
ed
22
Order.
23
12.3 Filing Pro
otected Material. A Party tha seeks to file unde seal any
at
o
er
24
ust
y
.
ed
Protected Material mu comply with Civil Local Rule 79-5. Protecte Material
25
may only be filed under seal pur
m
rsuant to a court order authoriz
zing the sea
aling of the
26
specific Protected Material at issue. If a Party’s request to fil Protecte Material
le
ed
27
un
nder seal is denied by the court then the Receiving Party may file the in
y
t,
y
nformation
28
in the public record un
nless otherw instru
wise
ucted by the court.
13
3
1
13.
FINAL DISPOSITION
2
After the final disposition of this Action, as defined in paragraph 4, within
3
60 days of a written request by the Designating Party, each Receiving Party must
4
return all Protected Material to the Producing Party or destroy such material. As
5
used in this subdivision, “all Protected Material” includes all copies, abstracts,
6
compilations, summaries, and any other format reproducing or capturing any of the
7
Protected Material. Whether the Protected Material is returned or destroyed, the
8
Receiving Party must submit a written certification to the Producing Party (and, if
9
not the same person or entity, to the Designating Party) by the 60 day deadline that
10
(1) identifies (by category, where appropriate) all the Protected Material that was
11
returned or destroyed and (2) affirms that the Receiving Party has not retained any
12
copies, abstracts, compilations, summaries or any other format reproducing or
13
capturing any of the Protected Material. Notwithstanding this provision, Counsel
14
are entitled to retain an archival copy of all pleadings, motion papers, trial,
15
deposition, and hearing transcripts, legal memoranda, correspondence, deposition
16
and trial exhibits, expert reports, attorney work product, and consultant and expert
17
work product, even if such materials contain Protected Material. Any such archival
18
copies that contain or constitute Protected Material remain subject to this Protective
19
Order as set forth in Section 4 (DURATION).
20
21
14.
Any violation of this Order may be punished by any and all appropriate
22
measures including, without limitation, contempt proceedings and/or monetary
23
sanctions.
24
25
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
26
27
DATED _____November 3, 2017________
28
14
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, ___________________________________ [print or type full name], of
4
_______________ [print or type full address], declare under penalty of perjury that
5
I have read in its entirety and understand the Stipulated Protective Order that was
6
issued by the United States District Court for the Central District of California on
7
[date] in the case of ______________ [insert formal name of the case and the
8
number and initials assigned to it by the court]. I agree to comply with and to be
9
bound by all the terms of this Stipulated Protective Order and I understand and
10
acknowledge that failure to so comply could expose me to sanctions and
11
punishment in the nature of contempt. I solemnly promise that I will not disclose in
12
any manner any information or item that is subject to this Stipulated Protective
13
Order to any person or entity except in strict compliance with the provisions of this
14
Order. I further agree to submit to the jurisdiction of the United States District
15
Court for the Central District of California for the purpose of enforcing the terms of
16
this Stipulated Protective Order, even if such enforcement proceedings occur after
17
termination of this action. I hereby appoint ________________________ [print or
18
type full name] of ________________________________ [print or type full
19
address and telephone number] as my California agent for service of process in
20
connection with this action or any proceedings related to enforcement of this
21
Stipulated Protective Order.
22
Date: ______________________________
23
City and State where sworn and signed: ________________________________
24
25
Printed name: ________________________
26
27
Signature: __________________________
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16
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