C.C. Calzone, LLC v. USAC Airways 691 LLC

Filing 27

STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick re Stipulation for Protective Order 26 . (see document for details). (dro)

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MANDOUR & ASSOCIATES, APC
Joseph A. Mandour (SBN 188896)
Email: [e-mail]
Ben T. Lila (SBN 246808)
Email: [e-mail]
8605 Santa Monica Blvd., Suite 1500
Los Angeles, CA 90069
Telephone: [phone]
Attorneys for Plaintiff
C.C. CALZONE, LLC

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COZEN O’CONNOR
David A. Shimkin (CA. Bar No. 290818 225348)
Email: [e-mail]
601 Figueroa Street, Suite 3700
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
Lisa A. Ferrari (pro hac vice motion pending)
Edward M. Weisz (pro hac vice motion pending)
Email: [e-mail]
[e-mail]
277 Park Avenue
New York, NY 10172
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
USAC AIRWAYS 691 LLC
dba PARAGON JETS

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Case No. 8:17-CV-01019-JVS-DFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
-1LEGAL\33351254\2 22897.0001.000/415887.000

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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C.C. CALZONE, LLC, a California
Limited Liability Company,

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Plaintiff,

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v.
USAC AIRWAYS 691 LLC dba
PARAGON JETS, a New Jersey
Limited Liability Company,

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Case No. 8:17-CV-01019-JVS-DFM
[PROPOSED] STIPULATED
PROTECTIVE ORDER
JUDGE: HON. JAMES V. SELNA

Defendant.

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1. PURPOSE AND LIMITS OF THIS ORDER

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Discovery in this action is likely to involve confidential, proprietary, or

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private information requiring special protection from public disclosure and from

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use for any purpose other than this litigation. Thus, the Court enters this Protective

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Order. This Order does not confer blanket protections of all disclosures or

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responses to discovery, and the protection it gives from public disclosure and use

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extends only to the specific material entitled to confidential treatment under the

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applicable legal principles. This Order does not automatically authorize the filing

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under seal of material designated under this Order. Instead, the parties must

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comply with L.R. 79-5 if they seek to file anything under seal. This Order does not

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govern the use at trial of material designated under this Order.

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2.

DESIGNATING PROTECTED MATERIAL
2.1

Over-Designation Prohibited. Any party or non-party who

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designates information or items for protection under this Order as

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"CONFIDENTIAL” or "HIGHLY CONFIDENTIAL - ATTORNEY EYES

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ONLY" (a "designator") must only designate specific material that qualifies under
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the appropriate standards. To the extent practicable, only those parts of documents,

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items, or oral or written communications that require protection shall be

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designated. Designations with a higher confidentiality level when a lower level

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would suffice are prohibited. Mass, indiscriminate, or routinized designations are

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prohibited. Unjustified designations expose the designator to sanctions, including

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the Court's striking all confidentiality designations made by that designator.

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Designation under this Order is allowed only if the designation is necessary to

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protect material that, if disclosed to persons not authorized to view it, would cause

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competitive or other recognized harm. Material may not be designated if it has
been made public, or if designation is otherwise unnecessary to protect a secrecy
interest. If a designator learns that information or items that it designated for
protection do not qualify for protection at all or do not qualify for the level of
protection initially asserted, that designator must promptly notify all parties that it

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is withdrawing the mistaken designation.
2.2

Manner and Timing of Designations. Designation under this

Order requires the designator to affix the applicable legend ("CONFIDENTIAL" or
"HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY") to each page that
contains protected material. For testimony given in deposition or other proceeding,

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the designator shall specify all protected testimony and the level of protection

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being asserted. It may make that designation during the deposition or proceeding,

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or may make that designation up to 15 days from receipt of the transcript of the

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deposition or proceeding.

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2.2.1 A party or non-party that makes original documents or materials

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

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inspecting party has identified which material it would like copied and produced.

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During the inspection and before the designation, all material shall be treated as

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HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY. After the inspecting
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party has identified the documents it wants copied and produced, the producing

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party must designate the documents, or portions thereof, that qualify for protection

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under this Order.

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2.2.2 Parties shall give advance notice if they expect a deposition or other

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proceeding to include designated material so that the other parties can ensure that

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only authorized individuals are present at those parts of the deposition or

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proceeding when such material is disclosed or used. The use of a document as an

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exhibit at a deposition shall not in any way affect its designation. Transcripts

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containing designated material shall have a legend on the title page noting the
presence of designated material, and the title page shall be followed by a list of all
pages (including line numbers as appropriate) that have been designated, and the
level of protection being asserted. The designator shall inform the court reporter of
these requirements. Any transcript that is prepared before the expiration of the 15-

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day period for designation shall be treated during that period as if it had been
designated HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY unless
otherwise agreed. After the expiration of the 15-day period, the transcript shall be
treated only as actually designated.
2.3

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Inadvertent Failures to Designate. An inadvertent failure to

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designate does not, standing alone, waive protection under this Order. Upon timely

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assertion or correction of a designation, all recipients must make reasonable efforts

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to ensure that the material is treated according to this Order.

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3.

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All challenges to confidentiality designations shall proceed under L.R. 37-1

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CHALLENGING CONFIDENTIALITY DESIGNATIONS

through L.R.37-4.
4.

ACCESS TO DESIGNATED MATERIAL
4.1

Basic Principles. A receiving party may use designated material

only for this litigation. Designated material may be disclosed only to the categories
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of persons and under the conditions described in this Order.
4.2

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Disclosure of CONFIDENTIAL Material Without Further

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Approval. Unless otherwise ordered by the Court or permitted in writing by the

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designator, a receiving party may disclose any material designated

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CONFIDENTIAL only to:

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4.2.1 The receiving party's outside counsel of record in this action and

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employees of outside counsel of record to whom disclosure is reasonably

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necessary;

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4.2.2 The officers, directors, and employees of the receiving party to whom
disclosure is reasonably necessary, and who have signed the Agreement to Be
Bound (Exhibit A);
4.2.3 Experts retained by the receiving party's outside counsel of record to
whom disclosure is reasonably necessary, and who have signed the Agreement to

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Be Bound (Exhibit A);
4.2.4 The Court and its personnel;
4.2.5 Outside court reporters and their staff, professional jury or trial
consultants, and professional vendors to whom disclosure is reasonably necessary;
4.2.6 During their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the Agreement to Be Bound (Exhibit

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A); and

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4.2.7 The author or recipient of a document containing the material, or a
custodian or other person who otherwise possessed or knew the information.
4.3

Disclosure of HIGHLY CONFIDENTIAL - ATTORNEY

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EYES ONLY Material without Further Approval. Unless permitted in writing by

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the designator, a receiving party may disclose material designated HIGHLY

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CONFIDENTIAL - ATTORNEY EYES ONLY without further approval only to:

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4.3.1 The receiving party's outside counsel of record in this action and
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employees of outside counsel of record to whom it is reasonably necessary to

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disclose the information;

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4.3.2 The Court and its personnel;

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4.3.3 Outside court reporters and their staff, professional jury or trial

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consultants, and professional vendors to whom disclosure is reasonably necessary,;

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and

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4.3.4 The author or recipient of a document containing the material, or a
custodian or other person who otherwise possessed or knew the information.

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4.4

Procedures for Approving or Objecting to Disclosure of

HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY Material to In-House
Counsel or Experts. Unless agreed to in writing by the designator:
4.4.1 A party seeking to disclose to in-house counsel any material designated
HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY must first make a

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written request to the designator providing the full name of the in-house counsel,
the city and state of such counsel's residence, and such counsel's current and
reasonably foreseeable future primary job duties and responsibilities in sufficient
detail to determine present or potential involvement in any competitive decisionmaking.
4.4.2 A party seeking to disclose to an expert retained by outside counsel of

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record any information or item that has been designated HIGHLY

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CONFIDENTIAL - ATTORNEY EYES ONLY must first make a written request

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to the designator that (1) identifies the general categories of HIGHLY

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CONFIDENTIAL - ATTORNEY EYES ONLY information that the receiving

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party seeks permission to disclose to the expert, (2) sets forth the full name of the

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expert and the city and state of his or her primary residence, (3) attaches a copy of

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the expert's current resume, (4) identifies the expert's current employer(s), (5)

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identifies each person or entity from whom the expert has received compensation
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or funding for work in his or her areas of expertise (including in connection with

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litigation) in the past five years, and (6) identifies (by name and number of the

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case, filing date, and location of court) any litigation where the expert has offered

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expert testimony, including by declaration, report, or testimony at deposition or

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trial, in the past five years. If the expert believes any of this information at (4) - (6)

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is subject to a confidentiality obligation to a third party, then the expert should

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provide whatever information the expert believes can be disclosed without

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violating any confidentiality agreements, and the party seeking to disclose the

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information to the expert shall be available to meet and confer with the designator
regarding any such confidentiality obligations.
4.4.3 A party that makes a request and provides the information specified in
paragraphs 4.4.1 or 4.4.2 may disclose the designated material to the identified inhouse counsel or expert unless, within seven days of delivering the request, the

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party receives a written objection from the designator providing detailed grounds
for the objection.
4.4.4 All challenges to objections from the designator shall proceed under
L.R. 37-1 through L.R. 37-4.
5.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION
5.1

Subpoenas and Court Orders. This Order in no way excuses

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non-compliance with a lawful subpoena or court order. The purpose of the duties

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described in this section is to alert the interested parties to the existence of this

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Order and to give the designator an opportunity to protect its confidentiality

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interests in the court where the subpoena or order issued.

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5.2

Notification Requirement. If a party is served with a subpoena

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or a court order issued in other litigation that compels disclosure of any

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information or items designated in this action as CONFIDENTIAL or HIGHLY
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CONFIDENTIAL - ATTORNEY EYES ONLY that party must:
5.2.1 Promptly notify the designator in writing. Such notification shall
include a copy of the subpoena or court order;
5.2.2 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

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

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this Order; and

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5.2.3 Cooperate with all reasonable procedures sought by the designator
whose material may be affected.

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5.3

Wait For Resolution of Protective Order. If the designator

timely seeks a protective order, the party served with the subpoena or court order
shall not produce any information designated in this action as CONFIDENTIAL or
HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY before a determination

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by the court where the subpoena or order issued, unless the party has obtained the
designator's permission. The designator shall bear the burden and expense of
seeking protection of its confidential material in that court.
6.

UNAUTHORIZED DISCLOSURE OF DESIGNATED MATERIAL

If a receiving party learns that, by inadvertence or otherwise, it has disclosed

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designated material to any person or in any circumstance not authorized under this

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Order, it must immediately (1) notify in writing the designator of the unauthorized

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disclosures, (2) use its best efforts to retrieve all unauthorized copies of the

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designated material, (3) inform the person or persons to whom unauthorized

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disclosures were made of all the terms of this Order, and (4) use reasonable efforts

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to have such person or persons execute the Agreement to Be Bound (Exhibit A).

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7.

INADVERTENT PRODUCTION OF PRIVILEGED OR

OTHERWISE PROTECTED MATERIAL
When a producing party gives notice that certain inadvertently produced
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material is subject to a claim of privilege or other protection, the obligations of the

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receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)

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(B). This provision is not intended to modify whatever procedure may be

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established in an e-discovery order that provides for production without prior

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privilege review pursuant to Federal Rule of Evidence 502(d) and (e).

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8.

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Any third party from whom discovery is sought in the action may designate

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PRODUCTION OF THIRD PARTY MATERIAL

some or all of the material or deposition testimony as CONFIDENTIAL or
HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY under this Protective
Order. If it does so, then each party to the action will have with respect to such
CONFIDENTIAL OR HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY
Material the same obligations which that party has with respect to
CONFIDENTIAL and HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY

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Material of another party to the action.
9.

FILING UNDER SEAL

Without written permission from the designator or a Court Order, a party
may not file in the public record in this action any designated material. A party
seeking to file under seal any designated material must comply with L.R. 79-5.

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Filings may be made under seal only pursuant to a court order authorizing the

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sealing of the specific material at issue. The fact that a document has been

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designated under this Order is insufficient to justify filing under seal. Instead,

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parties must explain the basis for confidentiality of each document sought to be

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filed under seal. Because a party other than the designator will often be seeking to

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file designated material, cooperation between the parties in preparing, and in

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reducing the number and extent of, requests for under seal filing is essential. If a

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receiving party's request to file designated material under seal pursuant to L.R. 79-

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5 is denied by the Court, then the receiving party may file the material in the public
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record unless (1) the designator seeks reconsideration within four days of the

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denial, or (2) as otherwise instructed by the Court.

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10.

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Within 60 days after the final disposition of this action, including all

FINAL DISPOSITION

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appeals, each party, at its option, shall return all designated material to the

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designator or destroy such material, including all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any designated material.

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This provision shall not prevent counsel from retaining an archival copy of all

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pleadings, motion papers, trial, deposition, and hearing transcripts, legal
memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
work product, and consultant and expert work product, even if such materials
contain designated material. Any such archival copies remain subject to this Order.

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IT IS SO ORDERED.

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DATED: November 30, 2017

________________________________
_______________________
HON. DOUGLAS F. McCORMICK

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Case No. 8:17-CV-01019-JVS-DFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
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Respectfully submitted,

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By: ___/s/ Ben T. Lila____________________
Ben Lila
Attorneys for Plaintiff,
C.C. Calzone, LLC

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By:

/s/ David A. Shimkin
David A. Shimkin
Attorneys for Defendant
USAC AIRWAYS 691 LLC dba PARAGON
JETS

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Case No. 8:17-CV-01019-JVS-DFM
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CERTIFICATE OF SERVICE

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I hereby certify that on the below date, I filed the foregoing document via

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the Court’s CM/ECF filing system, which will provide notice of the same on the

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following:

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COZEN O’CONNOR
David A. Shimkin (CA. Bar No. 290818 225348)
Email: [e-mail]
601 Figueroa Street, Suite 3700
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
Lisa A. Ferrari (pro hac vice motion pending)
Edward M. Weisz (pro hac vice motion pending)
Email: [e-mail]
[e-mail]
277 Park Avenue
New York, NY 10172
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
USAC AIRWAYS 691 LLC
dba PARAGON JETS

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Dated: November 30, 2017

/s/ Ben T. Lila
Ben T. Lila
Email: [e-mail]

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Case No. 8:17-CV-01019-JVS-DFM
[PROPOSED] STIPULATED PROTECTIVE ORDER
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