Santos Electronics Inc. v. Outlaw Audio LLC et al

Filing 33

STIPULATED PROTECTIVE ORDER by Judge James V. Selna re Stipulation for Protective Order 32 . See Order for details. (es)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 10 11 SANTOS ELECTRONICS INC., dba OSD AUDIO, a California corporation, 12 Plaintiff, 13 v. 14 OUTLAW AUDIO, LLC, a 15 Massachusetts limited liability company, BENJAMIN BREWER, an 16 individual, JONATHAN S. LEDERMAN, an individual, PETER D. 17 TRIBEMAN, an individual. 20 STIPULATED PROTECTIVE ORDER Defendant. 18 19 Case No. 8:22-cv-827 JVS (KESx) AND RELATED COUNTERCLAIMS 21 1. 22 Discovery in this action is likely to involve production of confidential, A. PURPOSES AND LIMITATIONS 23 proprietary, or private information for which special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation may 25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 enter the following Stipulated Protective Order. The parties acknowledge that this 27 Order does not confer blanket protections on all disclosures or responses to 28 discovery and that the protection it affords from public disclosure and use extends 1 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. The parties further acknowledge, as set forth in 3 Section 12.3, below, that this Stipulated Protective Order does not entitle them to 4 file confidential information under seal; Civil Local Rule 79-5 sets forth the 5 procedures that must be followed and the standards that will be applied when a party 6 seeks permission from the court to file material under seal. 7 B. GOOD CAUSE STATEMENT 8 This action is likely to involve trade secrets, customer and pricing lists and 9 other valuable research, development, commercial, financial, technical and/or 10 proprietary information for which special protection from public disclosure and KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 from use for any purpose other than prosecution of this action is warranted. Such 12 confidential and proprietary materials and information consist of, among other 13 things, confidential business or financial information, information regarding 14 confidential business practices, or other confidential research, development, or 15 commercial information (including information implicating privacy rights of third 16 parties), information otherwise generally unavailable to the public, or which may be 17 privileged or otherwise protected from disclosure under state or federal statutes, 18 court rules, case decisions, or common law. Accordingly, to expedite the flow of 19 information, to facilitate the prompt resolution of disputes over confidentiality of 20 discovery materials, to adequately protect information the parties are entitled to keep 21 confidential, to ensure that the parties are permitted reasonable necessary uses of 22 such material in preparation for and in the conduct of trial, to address their handling 23 at the end of the litigation, and serve the ends of justice, a protective order for such 24 information is justified in this matter. It is the intent of the parties that information 25 will not be designated as confidential for tactical reasons and that nothing be so 26 designated without a good faith belief that it has been maintained in a confidential, 27 non-public manner, and there is good cause why it should not be part of the public 28 record of this case. 2 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 2. DEFINITIONS 2 2.1 Action: this pending federal law suit, Santos Electronics Inc., 3 dba OSD Audio v. Outlaw Audio, LLC, et al., Case No. 8:22-cv-827 JVS 4 (KESx). 5 2.2 Challenging Party: a Party or Non-Party that challenges the 6 designation of information or items under this Order. 7 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 8 how it is generated, stored or maintained) or tangible things that qualify for protection 9 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 10 Cause Statement. KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 12 support staff). 13 2.5 Designating Party: a Party or Non-Party that designates information or 14 items that it produces in disclosures or in responses to discovery as 15 “CONFIDENTIAL.” 16 2.6 Disclosure or Discovery Material: all items or information, regardless of 17 the medium or manner in which it is generated, stored, or maintained (including, 18 among other things, testimony, transcripts, and tangible things), that are produced or 19 generated in disclosures or responses to discovery in this matter. 20 2.7 Expert: a person with specialized knowledge or experience in a matter 21 pertinent to the litigation who has been retained by a Party or its counsel to serve as 22 an expert witness or as a consultant in this Action. 23 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 24 Information or Items: Any party or non-party may designate as “HIGHLY 25 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” any information, evidence, and 26 testimony which that party or non-party considers in good faith to contain highly27 sensitive Confidential Information, trade secrets, information of a competitive 28 nature, or other information whose disclosure to another party or nonparty would 3 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 create substantial risk of serious injury or harm that could not be avoided by less 2 restrictive means . “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 3 evidence and testimony shall be marked and designated in the same manner as 4 Confidential evidence and testimony. Evidence and testimony designated as 5 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall only be used 6 for the purpose of prosecuting and defending the Action, and for no other purpose. 7 2.9 House Counsel: attorneys who are employees of a party to this Action. 8 House Counsel does not include Outside Counsel of Record or any other outside 9 counsel. 10 2.10 Non-Party: any natural person, partnership, corporation, association, or KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 other legal entity not named as a Party to this action. 12 2.11 Outside Counsel of Record: attorneys who are not employees of a party 13 to this Action but are retained to represent or advise a party to this Action and have 14 appeared in this Action on behalf of that party or are affiliated with a law firm which 15 has appeared on behalf of that party, and includes support staff. 16 2.12 Party: any party to this Action, including all of its officers, directors, 17 employees, consultants, retained experts, and Outside Counsel of Record (and their 18 support staffs). 19 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 20 Discovery Material in this Action. 21 2.14 Professional Vendors: persons or entities that provide litigation support 22 services (e.g., photocopying, videotaping, translating, preparing exhibits or 23 demonstrations, and organizing, storing, or retrieving data in any form or medium) 24 and their employees and subcontractors. 25 2.15 Protected Material: any Disclosure or Discovery Material that is 26 designated as “CONFIDENTIAL.” 27 2.16 Receiving Party: a Party that receives Disclosure or Discovery 28 Material from a Producing Party. 4 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or extracted 4 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 5 Protected Material; and (3) any testimony, conversations, or presentations by Parties 6 or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 4. 10 DURATION Even after final disposition of this litigation, the confidentiality obligations KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 imposed by this Order shall remain in effect until a Designating Party agrees 12 otherwise in writing or a court order otherwise directs. Final disposition shall be 13 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 14 or without prejudice; and (2) final judgment herein after the completion and 15 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 16 including the time limits for filing any motions or applications for extension of time 17 pursuant to applicable law. 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. 20 Each Party or Non-Party that designates information or items for protection under 21 this Order must take care to limit any such designation to specific material that 22 qualifies under the appropriate standards. The Designating Party must designate for 23 protection only those parts of material, documents, items, or oral or written 24 communications that qualify so that other portions of the material, documents, Each 25 Party or Non-Party that designates information or items for protection under this 26 Order must take care to limit any such designation to specific material that qualifies 27 under the appropriate standards. The Designating Party must designate for 28 protection only those parts of material, documents, items, or oral or written 5 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 communications that qualify so that other portions of the material, documents, 2 items, or communications for which protection is not warranted are not swept 3 unjustifiably within the ambit of this Order. 4 Mass, indiscriminate, or routinized designations are prohibited. Designations 5 that are shown to be clearly unjustified or that have been made for an improper 6 purpose (e.g., to unnecessarily encumber the case development process or to impose 7 unnecessary expenses and burdens on other parties) may expose the Designating Party 8 to sanctions. 9 If it comes to a Designating Party’s attention that information or items that it 10 designated for protection do not qualify for protection, that Designating Party must KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 promptly notify all other Parties that it is withdrawing the inapplicable designation. 12 5.2 Manner and Timing of Designations. Except as otherwise provided in 13 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 14 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 15 under this Order must be clearly so designated before the material is disclosed or 16 produced. 17 18 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 19 documents, but excluding transcripts of depositions or other pretrial or trial 20 proceedings), that the Producing Party affix at a minimum, the legend 21 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY 22 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”, to each page that contains 23 protected material. If only a portion or portions of the material on a page qualifies for 24 protection, the Producing Party also must clearly identify the protected portion(s) 25 (e.g., by making appropriate markings in the margins). 26 A Party or Non-Party that makes original documents available for 27 inspection need not designate them for protection until after the inspecting Party has 28 indicated which documents it would like copied and produced. During the 6 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 inspection and before the designation, all of the material made available for 2 inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 3 ONLY.” After the inspecting Party has identified the documents it wants copied and 4 produced, the Producing Party must determine which documents, or portions 5 thereof, qualify for protection under this Order. Then, before producing the specified 6 documents, the Producing Party must affix the “CONFIDENTIAL legend” or 7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each page 8 that contains Protected Material. If only a portion or portions of the material on a 9 page qualifies for protection, the Producing Party also must clearly identify the 10 protected portion(s) (e.g., by making appropriate markings in the margins). KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 (b) for testimony given in depositions that the Designating Party identify 12 the Disclosure or Discovery Material on the record, before the close of the deposition 13 all protected testimony. 14 (c) for information produced in some form other than documentary and for 15 any other tangible items, that the Producing Party affix in a prominent place on the 16 exterior of the container or containers in which the information is stored the legend 17 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 18 ONLY.” If only a portion or portions of the information warrants protection, the 19 Producing Party, to the extent practicable, shall identify the protected portion(s). 20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 21 failure to designate qualified information or items does not, standing alone, waive the 22 Designating Party’s right to secure protection under this Order for such material. 23 Upon timely correction of a designation, the Receiving Party must make reasonable 24 efforts to assure that the material is treated in accordance with the provisions of this 25 Order. 26 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 27 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 28 designation of confidentiality at any time that is consistent with the Court’s 7 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 Scheduling Order. 2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 3 resolution process under Local Rule 37.1 et seq. or follow the procedures for 4 informal, telephonic discovery hearings on the Court's website. To avoid ambiguity 5 as to whether a challenge has been made, the written notice must recite that the 6 challenge to confidentiality is being made in accordance with this specific paragraph 7 of the Protective Order. In conferring, the Challenging Party must explain the basis 8 for its belief that the confidentiality designation was not proper and must give the 9 Designating Party an opportunity to review the designated material, to reconsider 10 the circumstances, and, if no change in designation is offered, to explain the basis KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 for the chosen designation. A Challenging Party may proceed to the next stage of 12 the challenge process only if it has engaged in this meet and confer process first or 13 establishes that the Designating Party is unwilling to participate in the meet and 14 confer process in a timely manner. 15 6.3 The burden of persuasion in any such challenge proceeding shall be on 16 the Designating Party. Frivolous challenges, and those made for an improper 17 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 18 parties) may expose the Challenging Party to sanctions. Unless the Designating 19 Party has waived or withdrawn the confidentiality designation, all parties shall 20 continue to afford the material in question the level of protection to which it is 21 entitled under the Producing Party’s designation until the Court rules on the 22 challenge. 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with this 26 Action only for prosecuting, defending, or attempting to settle this Action. Such 27 Protected Material may be disclosed only to the categories of persons and under the 28 conditions described in this Order. When the Action has been terminated, a 8 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 Receiving Party must comply with the provisions of section 13 below (FINAL 2 DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 location and in a secure manner that ensures that access is limited to the persons 5 authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 otherwise ordered by the court or permitted in writing by the Designating Party, a 8 Receiving Party may disclose any information or item designated 9 “CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 as employees of said Outside Counsel of Record to whom it is reasonably necessary 12 to disclose the information for this Action; 13 (b) the officers, directors, and employees (including House Counsel) of 14 the Receiving Party to whom disclosure is reasonably necessary for this Action; 15 (c) Experts (as defined in this Order) of the Receiving Party to whom 16 disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (d) the court and its personnel; 19 (e) court reporters and their staff; 20 (f) professional jury or trial consultants, mock jurors, and Professional 21 Vendors to whom disclosure is reasonably necessary for this Action and who have 22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (g) the author or recipient of a document containing the information or a 24 custodian or other person who otherwise possessed or knew the information; 25 (h) during their depositions, witnesses, and attorneys for witnesses, in the 26 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 27 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 28 not be permitted to keep any confidential information unless they sign the 9 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 2 agreed by the Designating Party or ordered by the court. Pages of transcribed 3 deposition testimony or exhibits to depositions that reveal Protected Material may 4 be separately bound by the court reporter and may not be disclosed to anyone except 5 as permitted under this Stipulated Protective Order; and 6 (i) any mediator or settlement officer, and their supporting personnel, 7 mutually agreed upon by any of the parties engaged in settlement discussions. 8 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 9 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 10 writing by the Designating Party, a Receiving Party may disclose any information or KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only 12 to the Court, counsel of record for the Parties, their staff, Experts, mediators and 13 their staff, court reporters and videographers, and litigation support personnel 14 retained by the counsel for the Parties. 15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 16 IN OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation 18 that compels disclosure of any information or items designated in this Action as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 20 ONLY,” that Party must: 21 (a) promptly notify in writing the Designating Party. Such notification 22 shall include a copy of the subpoena or court order; 23 (b) promptly notify in writing the party who caused the subpoena or order 24 to issue in the other litigation that some or all of the material covered by the 25 subpoena or order is subject to this Protective Order. Such notification shall include 26 a copy of this Stipulated Protective Order; and 27 (c) cooperate with respect to all reasonable procedures sought to be 28 pursued by the Designating Party whose Protected Material may be affected. 10 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 If the Designating Party timely seeks a protective order, the Party served with 2 the subpoena or court order shall not produce any information designated in this 3 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 4 EYES ONLY” before a determination by the court from which the subpoena or 5 order issued, unless the Party has obtained the Designating Party’s permission. The 6 Designating Party shall bear the burden and expense of seeking protection in that 7 court of its confidential material and nothing in these provisions should be construed 8 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 9 directive from another court. 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 PRODUCED IN THIS LITIGATION 12 (a) The terms of this Order are applicable to information produced by a 13 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 15 Non-Parties in connection with this litigation is protected by the remedies and relief 16 provided by this Order. Nothing in these provisions should be construed as 17 prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non- 23 Party that some or all of the information requested is subject to a confidentiality 24 agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 specific description of the information requested; and 28 (3) make the information requested available for inspection by the 11 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 Non-Party, if requested. 2 (c) If the Non-Party fails to seek a protective order from this court within 3 14 days of receiving the notice and accompanying information, the Receiving Party 4 may produce the Non-Party’s confidential information responsive to the discovery 5 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 6 not produce any information in its possession or control that is subject to the 7 confidentiality agreement with the Non-Party before a determination by the court. 8 Absent a court order to the contrary, the Non-Party shall bear the burden and KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 9 expense of seeking protection in this court of its Protected Material. 10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 14 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 15 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 16 persons to whom unauthorized disclosures were made of all the terms of this Order, 17 and (d) request such person or persons to execute the “Acknowledgment and 18 Agreement to Be Bound” that is attached hereto as Exhibit A. 19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 20 PROTECTED MATERIAL 21 When a Producing Party gives notice to Receiving Parties that certain 22 inadvertently produced material is subject to a claim of privilege or other protection, 23 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 24 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 25 may be established in an e-discovery order that provides for production without prior 26 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 27 parties reach an agreement on the effect of disclosure of a communication or 28 information covered by the attorney-client privilege or work product protection, the 12 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 parties may incorporate their agreement in the stipulated protective order submitted 2 to the court. 3 12. MISCELLANEOUS 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 5 person to seek its modification by the Court in the future. 6 12.2 Right to Assert Other Objections. By stipulating to the entry of this 7 Protective Order no Party waives any right it otherwise would have to object to 8 disclosing or producing any information or item on any ground not addressed in this 9 Stipulated Protective Order. Similarly, no Party waives any right to object on any 10 ground to use in evidence of any of the material covered by this Protective Order. KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 12.3 Filing Protected Material. A Party that seeks to file under seal any 12 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 13 only be filed under seal pursuant to a court order authorizing the sealing of the 14 specific Protected Material at issue. If a Party's request to file Protected Material 15 under seal is denied by the court, then the Receiving Party may file the information 16 in the public record unless otherwise instructed by the court. 17 12.4 Any Party to the Proceeding who has not executed this Stipulated 18 Protective Order as of the time it is presented to the Court for signature may 19 thereafter become a Party to this Stipulated Protective Order by its counsel’s signing 20 and dating a copy thereof and filing the same with the Court, and serving copies of 21 such signed and dated copy upon the other Parties to this Stipulated Protective 22 Order. 23 13. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in paragraph 4, within 60 25 days of a written request by the Designating Party, each Receiving Party must 26 destroy all Protected Material. As used in this subdivision, “all Protected Material” 27 includes all copies, abstracts, compilations, summaries, and any other format 28 reproducing or capturing any of the Protected Material. The Receiving Party must 13 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 submit a written certification to the Producing Party (and, if not the same person or 2 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 3 category or bates range, where appropriate) all the Protected Material that was 4 destroyed and (2) affirms that the Receiving Party has not retained any copies, 5 abstracts, compilations, summaries or any other format reproducing or capturing any 6 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 7 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 8 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 9 reports, attorney work product, and consultant and expert work product, even if such 10 materials contain Protected Material. Any such archival copies that contain or KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 constitute Protected Material remain subject to this Protective Order as set forth in 12 Section 4 (DURATION). 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 14 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx) 1 14. Any violation of this Order may be punished by any and all appropriate 2 measures including, without limitation, contempt proceedings and/or monetary 3 sanctions. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 LILAW INC. 6 7 8 DATED: September 13, 2022 By: 9 10 KLINEDINST PC 501 WEST BROADWAY, SUITE 600 SAN DIEGO, CALIFORNIA 92101 11 12 /s/ Daniel Peterson Daniel Peterson Attorneys for Plaintiff/Counter-Defendant OSD Audio and Counter-Defendant Lien Chai KLINEDINST PC 13 14 15 DATED: September 13, 2022 By: 16 17 18 19 20 21 /s/ Irean Z. Swan Samuel B. Strohbehn Greg A. Garbacz Irean Z. Swan Attorneys for Defendants OUTLAW AUDIO, LLC, BENJAMIN BREWER, JONATHAN S. LEDERMAN, PETER D. TRIBEMAN and Counterclaimant OUTLAW AUDIO, LLC 22 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 DATED: September 14, 2022 24 ____________________________ Honorable Karen E. Scott 26 United States District/Magistrate Judge 25 27 28 15 STIPULATED PROTECTIVE ORDER Case No. 8:22-cv-827 JVS (KESx)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?