Russell Jumper v. SBGA, Inc. et al

Filing 21

ORDER ON STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick re Stipulation for Protective Order 20 . See document for details. (es)

1 Paul T. Cullen, CA Bar No. 193575
2 THE CULLEN LAW FIRM, APC

19360 Rinaldi Street, Box 647

3 Porter Ranch, CA 91326
4

Telephone: [phone]
Facsimile: 866-794-5741

5

Attorney for Plaintiff
RUSSELL JUMPER,
7 individually on behalf of himself, all others
similarly situated, and the general public
6

8

9 ALEXANDER M. CHEMERS, CA Bar No. 263726
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[e-mail]
DANIEL N. ROJAS, CA Bar No. 326115
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213-239-9045

14 Attorneys for Defendant

SBGA INC.

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16

UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

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19 RUSSELL JUMPER, an individual, on

behalf of himself, all others similarly
20 situated, and the general public,

Case No. 8:22-cv-01764-WLH-DFM

Plaintiff,

ORDER ON
STIPULATED PROTECTIVE ORDER

23 SBGA INC., a Delaware corporation,

Complaint Filed: September 26, 2022
Trial Date:
March 26, 2024 District
Judge: Hon. Wesley L. Hsu Magistrate
Judge: Hon. Douglas F. McCormick

21
22

v.

ROBERT T. PARISI, an individual,
24 JASON MOORE, and DOES 1
through 10,
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26

Defendants.

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Case No. 8:22-cv-01764-WLH-DFM
STIPULATED PROTECTIVE ORDER

1

A.

PURPOSES AND LIMITATIONS

2

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

3 proprietary, or private information for which special protection from public disclosure
4 and from use for any purpose other than prosecuting this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the Court to enter the
6 following Stipulated Protective Order. The parties acknowledge that this Order does
7 not confer blanket protections on all disclosures or responses to discovery and that the
8 protection it affords from public disclosure and use extends only to the limited
9 information or items that are entitled to confidential treatment under the applicable
10 legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
11 that this Stipulated Protective Order does not entitle them to file confidential
12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
13 followed and the standards that will be applied when a party seeks permission from
14 the court to file material under seal.
15

B.

GOOD CAUSE STATEMENT

16

This action is likely to involve trade secrets, customer and pricing lists and other

17 valuable research, development, commercial, financial, technical and/or proprietary
18 information for which special protection from public disclosure and from use for any
19 purpose other than prosecution of this action is warranted. Such confidential and
20 proprietary materials and information consist of, among other things, confidential
21 business or financial information, information regarding confidential business
22 practices, or other confidential research, development, or commercial information
23 (including information implicating privacy rights of third parties), information
24 otherwise generally unavailable to the public, or which may be privileged or otherwise
25 protected from disclosure under state or federal statutes, court rules, case decisions, or
26 common law.

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

27 prompt resolution of disputes over confidentiality of discovery materials, to
28 adequately protect information the parties are entitled to keep confidential, to ensure

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STIPULATED PROTECTIVE ORDER

Case No. 8:22-cv-01764-WLH-DFM

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

2

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

3

serve the ends of justice, a protective order for such information is justified in this

4

matter. It is the intent of the parties that information will not be designated as

5

confidential for tactical reasons and that nothing be so designated without a good faith

6

belief that it has been maintained in a confidential, non-public manner, and there is

7

good cause why it should not be part of the public record of this case.

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1.

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10
11
12
13

DEFINITIONS
1.1

Action: Russell Jumper v. SBGA Inc., et al., Case No. 8:22-cv-01764-

WLH-DFM.
1.2

Challenging Party: a Party or Non-Party that challenges the designation

of information or items under this Order.
1.3

“CONFIDENTIAL” Information or Items: information (regardless of

14

how it is generated, stored or maintained) or tangible things that qualify for

15

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

16

Good Cause Statement.

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19

1.4

Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).
1.5

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

20

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

21

“CONFIDENTIAL.”

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1.6

Disclosure of Discovery Material: all items or information, regardless

23

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

24

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

25

generated in disclosures or responses to discovery in this matter.

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1.7

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

27

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

28

an expert witness or as a consultant in this Action.
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STIPULATED PROTECTIVE ORDER

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1.8

1

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

2

House Counsel does not include Outside Counsel of Record or any other outside

3

counsel.
1.9

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5

Non-Party: any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this action.
1.10 Outside Counsel of Record: attorneys who are not employees of a party

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7

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

8

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

9

has appeared on behalf of that party, and includes support staff.
1.11 Party: any party to this Action, including all of its officers, directors,

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11

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

12

support staffs).
1.12 Producing Party: a Party or Non-Party that produces Disclosure of

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Discovery Material in this Action.
1.13 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)

18

and their employees and subcontractors.
1.14 Protected Material: any Disclosure of Discovery Material that is

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designated as “CONFIDENTIAL.”
1.15 Receiving Party: a Party that receives Disclosure of Discovery Material

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from a Producing Party.

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2.

24

SCOPE
The protections conferred by this Stipulation and Order cover not only Protected

25 Material (as defined above), but also (1) any information copied or extracted from
26 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
27 Material; and (3) any testimony, conversations, or presentations by Parties or their
28 Counsel that might reveal Protected Material.

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STIPULATED PROTECTIVE ORDER

Case No. 8:22-cv-01764-WLH-DFM

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

1

2 judge. This Order does not govern the use of Protected Material at trial.
3 3.

DURATION

4

Even after final disposition of this litigation, the confidentiality obligations

5 imposed by this Order shall remain in effect until a Designating Party agrees otherwise
6 in writing or a court order otherwise directs. Final disposition shall be deemed to be
7 the later of (1) dismissal of all claims and defenses in this Action, with or without
8 prejudice; and (2) final judgment herein after the completion and exhaustion of all
9 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits
10 for filing any motions or applications for extension of time pursuant to applicable law.
11 4.

DESIGNATING PROTECTED MATERIAL

12

4.1

Exercise of Restraint and Care in Designating Material for Protection.

13

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

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

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qualifies under the appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items, or oral or written

17

communications that qualify so that other portions of the material, documents, items,

18

or communications for which protection is not warranted are not swept unjustifiably

19

within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper purpose

22

(e.g., to unnecessarily encumber the case development process or to impose

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unnecessary expenses and burdens on other parties) may expose the Designating Party

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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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4.2

Manner and Timing of Designations. Except as otherwise provided in
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STIPULATED PROTECTIVE ORDER
54044465.v1-OGLETREE

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

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

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

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produced.

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6

Designation in conformity with this Order requires:
(a)

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

7

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

8

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

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

10

contains protected material. If only a portion or portions of the material on a page

11

qualifies for protection, the Producing Party also must clearly identify the protected

12

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

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

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

15

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

16

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

17 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
18 copied and produced, the Producing Party must determine which documents, or
19 portions thereof, qualify for protection under this Order. Then, before producing the
20 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
21 to each page that contains Protected Material. If only a portion or portions of the
22 material on a page qualifies for protection, the Producing Party also must clearly
23 identify the protected portion(s) (e.g., by making appropriate markings in the margins).
24

(b)

for testimony given in depositions that the Designating Party

25 identify the Disclosure of Discovery Material on the record, before the close of the
26 deposition all protected testimony.
27

(c)

for information produced in some form other than documentary

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

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STIPULATED PROTECTIVE ORDER

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

2

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

3

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

4

protected portion(s).
4.3

5

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

8

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

9

efforts to assure that the material is treated in accordance with the provisions of this

10

Order.

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5.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
5.1

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

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

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Scheduling Order.
5.2

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Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
5.3

17

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

18

the Designating Party. Frivolous challenges, and those made for an improper

19

purpose (e.g., to harass or impose unnecessary expenses and burdens on other

20

parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it is

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entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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6.

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ACCESS TO AND USE OF PROTECTED MATERIAL
6.1

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

27

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

28

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

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

2

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

3

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

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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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6.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a)

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

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

14

necessary to disclose the information for this Action;

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(b)

the officers, directors, and employees (including House Counsel)

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

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Professional Vendors to whom disclosure is reasonably necessary for this Action and

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who have signed 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 Action to whom disclosure is reasonably necessary provided: (1) the deposing
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STIPULATED PROTECTIVE ORDER

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party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)

2

they will not be permitted to keep any confidential information unless they sign the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

4

agreed by the Designating Party or ordered by the court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal Protected Material may be

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separately bound by the court reporter and may not be disclosed to anyone except as

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permitted under this Stipulated Protective Order; and
(i)

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9

any mediator or settlement officer, and their supporting

personnel, mutually agreed upon by any of the parties engaged in settlement

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discussions.

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7.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

12

OTHER LITIGATION

13

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

14 that compels disclosure of any information or items designated in this Action as
15 “CONFIDENTIAL,” that Party must:
16

(a)

promptly notify in writing the Designating Party. Such

17 notification shall include a copy of the subpoena or court order;
18

(b)

promptly notify in writing the party who caused the subpoena or

19 order to issue in the other litigation that some or all of the material covered by the
20 subpoena or order is subject to this Protective Order. Such notification shall include
21 a copy of this Stipulated Protective Order; and
22

(c)

cooperate with respect to all reasonable procedures sought to be

23 pursued by the Designating Party whose Protected Material may be affected.
24

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

25 the subpoena or court order shall not produce any information designated in this action
26 as “CONFIDENTIAL” before a determination by the court from which the subpoena
27 or order issued, unless the Party has obtained the Designating Party’s permission. The
28 Designating Party shall bear the burden and expense of seeking protection in that court

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STIPULATED PROTECTIVE ORDER

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of its confidential material and nothing in these provisions should be construed as

2

authorizing or encouraging a Receiving Party in this Action to disobey a lawful

3

directive from another court.

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8.

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6

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

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a Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

8

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

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

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construed as prohibiting a Non-Party from seeking additional protections.
(b)

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

12

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

13

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

14

confidential information, then the Party shall:
(1)

15

promptly notify in writing the Requesting Party and the

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

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agreement with a Non-Party;
(2)

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promptly provide the Non-Party with a copy of the

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

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reasonably specific description of the information requested; and
(3)

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make the information requested available for inspection by

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the Non-Party, if requested.

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(c)

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

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within 14 days of receiving the notice and accompanying information, the Receiving

25

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

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

27

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

28

the confidentiality agreement with the Non-Party before a determination by the
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STIPULATED PROTECTIVE ORDER

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

2

expense of seeking protection in this court of its Protected Material.

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9.

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

4

5 Protected Material to any person or in any circumstance not authorized under this
6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
9 persons to whom unauthorized disclosures were made of all the terms of this Order,
10 and (d) request such person or persons to execute the “Acknowledgment and
11 Agreement to Be Bound” that is attached hereto as Exhibit A.
12 10.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

13

PROTECTED MATERIAL

14

When a Producing Party gives notice to Receiving Parties that certain

15 inadvertently produced material is subject to a claim of privilege or other protection,
16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
18 may be established in an e-discovery order that provides for production without prior
19 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
20 parties reach an agreement on the effect of disclosure of a communication or
21 information covered by the attorney-client privilege or work product protection, the
22 parties may incorporate their agreement in the stipulated protective order submitted to
23 the court.
24 11.

MISCELLANEOUS

25

11.1 Right to Further Relief. Nothing in this Order abridges the right of any

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person to seek its modification by the Court in the future.
11.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order no Party waives any right it otherwise would have to object to
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STIPULATED PROTECTIVE ORDER

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

in the public record unless otherwise instructed by the court.

10
11

12.

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

12 days of a written request by the Designating Party, each Receiving Party must return
13 all Protected Material to the Producing Party or destroy such material. As used in this
14 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
15

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

16

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

17

must submit a written certification to the Producing Party (and, if not the same person

18

or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

19 category, where appropriate) all the Protected Material that was returned or destroyed
20 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
21 compilations, summaries or any other format reproducing or capturing any of the
22 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
23 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
24 legal memoranda, correspondence, deposition and trial exhibits, expert reports,
25 attorney work product, and consultant and expert work product, even if such materials
26 contain Protected Material.

Any such archival copies that contain or constitute

27 Protected Material remain subject to this Protective Order as set forth in Section 4
28 (DURATION).

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STIPULATED PROTECTIVE ORDER

Case No. 8:22-cv-01764-WLH-DFM

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EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [print or type full name], of

3

4 _____________________________ [print or type full address], declare under penalty
5 of perjury that I have read in its entirety and understand the Stipulated Protective Order
6 that was issued by the United States District Court for the Central District of California
7 in the case of Russell Jumper v. SBGA Inc., et al., Case No. 8:22-cv-01764-WLH8 DFM. I agree to comply with and to be bound by all the terms of this Stipulated
9 Protective Order and I understand and acknowledge that failure to so comply could
10 expose me to sanctions and punishment in the nature of contempt. I solemnly promise
11 that I will not disclose in any manner any information or item that is subject to this
12 Stipulated Protective Order to any person or entity except in strict compliance with the
13 provisions of this Order.

I further agree to submit to the jurisdiction of the United States District Court

14

15 for the Central District of California for the purpose of enforcing the terms of this
16 Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint _____________________________ [print
18 or type full name] of _____________________________ [print or type full address
19 and telephone number] as my California agent for service of process in connection
20 with this action or any proceedings related to enforcement of this Stipulated Protective
21

Order.

22

Date:

23

City and State where sworn and signed:

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Printed name:

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Signature:

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