Back Shop Tiefkuhl GMBH v. GN Trade, Inc. et al

Filing 45

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/2013. (Michel, G)

1
2
3
4
5
6

GLENN W. PETERSON, ESQ. (SBN 126173)
MILLSTONE PETERSON & WATTS, LLP
Attorneys at Law
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Telephone No: [phone]
Fax No: [phone]
Attorneys for Plaintiff
Back Shop Tiefkühl GmbH

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

BACK SHOP TIEFKÜHL GMBH, a Foreign
Corporation,

12
Plaintiff,

13
14
15
16

vs.
GN TRADE, INC., A California Corporation;
VLADIMIR DEMIN; VLADIMIR
SHEVCHENKO; ALEX ALMANSKY; and
DOES 1 through 10, inclusive,

17

Defendants.

18

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:12-CV-00540-WBS-KJN
STIPULATED PROTECTIVE ORDER
____________________________________
Complaint Filed: February 29, 2012
Trial Date:
October 29, 2013

19
20

Plaintiff Back Shop Tiefkuhl Gmbh (“Back Shop”) and Defendants GN Trade, Inc.,

21

Vladimir Shevchenko, and Alex Almansky (collectively “Defendants”) jointly stipulate to entry by

22

the Court of a Protective Order as set forth below pursuant to Rule 26(c) of the Federal Rules of

23

Civil Procedure.
Based on the stipulation of the Plaintiff and Defendants (individually a “party” and

24
25

collectively the “parties”) to entry of the following Protective Order pursuant to Rule 26(c), Federal

26

Rule of Civil Procedure, and for good cause shown,

27

///

28

///

STIPULATED PROTECTIVE ORDER

1
2

IT IS HEREBY ORDERED THAT:
1.

Any document, or portion thereof, and any other form of evidence or discovery

3

contemplated under Rules 26 through 36 of the Federal Rules of Civil Procedure which, in the good

4

faith opinion of a party contains any trade secret or other confidential development or commercial

5

information (“Confidential Information”), may be designated by the parties as “CONFIDENTIAL”

6

or “ATTORNEYS’ EYES ONLY” in accordance with the provisions of this Protective Order.

7

2.

As

a

general

guideline,

Confidential

Information

should

be

designated

8

CONFIDENTIAL when it contains confidential business, technical or other information that may be

9

reviewed by the other party, the parties’ experts, and other representatives, but must be protected

10

against disclosure to third parties. Confidential Information may be designated ATTORNEYS

11

EYES ONLY when it contains highly sensitive information such as financial information, cost

12

information, pricing information, sales information, customer license, customer, manufacturer,

13

supplier, and vendor information, software and firmware for a party’s products, technical and

14

development information about a party’s products, comparative product test results, business plans,

15

marketing strategies, new product plans and competitive strategies, or any other information that

16

would put the producing party at a competitive disadvantage if the information became known to

17

employees of the other party or third parties. Confidential Information shall be clearly marked,

18

noticed or designated “CONFIDENTIAL.” ATTORNEYS’ EYES ONLY information shall be

19

clearly marked, noticed or designated as “ATTORNEYS’ EYES ONLY.”

20

3.

Confidential Information must be designated as follows:

21

(a)

Documents or copies provided to another party in response to discovery requests

22

containing Confidential Information may be designated by any party as either CONFIDENTIAL or

23

ATTORNEYS’ EYES ONLY by marking the page or the pages on which the Confidential

24

Information appears with the legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

25

(b)

In lieu of marking the original of a document which contains Confidential

26

Information prior to inspection, a party may orally designate documents being produced for

27

inspection as CONFIDENTIAL or ATTORNEYS’ EYES ONLY thereby making them subject to

28

this Protective Order. However, copies of such documents ultimately produced must be marked
2
STIPULATED PROTECTIVE ORDER

1

CONFIDENTIAL or ATTORNEYS’ EYES ONLY at the time any such documents are supplied to

2

inspecting counsel in order to make such copies subject to this Protective Order.

3

(c)

Confidential Information disclosed at a deposition, whether by testimony or use of a

4

document or thing, may be designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY by

5

clearly indicating on the record at the deposition the specific testimony containing Confidential

6

Information that is to be made subject to the provisions of this Protective Order. Documents, things,

7

or information not designated on the record of the deposition as CONFIDENTIAL or

8

ATTORNEYS’ EYES ONLY may thereafter be designated as such by notifying the other party in

9

writing within fourteen (14) days of the receipt of the transcript of such deposition. During that

10

fourteen (14) day period, the deposition transcript, and any documents, things, and information shall

11

be treated as ATTORNEYS’ EYES ONLY. If a designation is made, each party shall attach a copy

12

of any such written notification to the face of the deposition transcript and each copy thereof in its

13

possession, custody or control.

14

(d)

Confidential Information contained in responses to interrogatories, other discovery

15

requests or responses, affidavits, briefs, memoranda or other papers filed with the Court, may be

16

designated by prominently marking every page of such documents containing Confidential

17

Information with the legend CONFIDENTIAL or ATTORNEYS’ EYES ONLY. Copies of such

18

items filed with the Court shall be maintained under seal pursuant to the provisions of Section 11

19

hereof.

20

(e)

Tangible objects constituting or containing Confidential Information may be

21

designated by affixing to the object or its container a label or tag marked CONFIDENTIAL or

22

ATTORNEYS’ EYES ONLY.

23

(f)

Notwithstanding any other provisions of the Protective Order, any party may

24

designate as CONFIDENTIAL or ATTORNEYS’ EYES ONLY any testimony of and/or documents

25

produced by that party's agent, sales representative, or technical or business consultant, and such

26

testimony or documents shall be treated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY

27

subject to being contested pursuant to paragraph 7 herein.

28

///
3
STIPULATED PROTECTIVE ORDER

1

(g)

Should any person or entity with access to documents, things or information

2

designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY make copies, extracts, summaries,

3

descriptions, projections and/or extrapolations of or from the documents, things or information

4

designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY or any portions thereof, such

5

copies, extracts, summaries, descriptions, projections and/or extrapolations shall be stamped

6

CONFIDENTIAL or ATTORNEYS’ EYES ONLY consistent with the original information and

7

treated as Confidential Information pursuant to the provisions of this Protective Order.

8
9
10

4.

Confidential Information designated ATTORNEYS’ EYES ONLY shall only be

disclosed to and made available to the following:
(a)

“Outside Trial Counsel” of record and employees of such attorneys to whom it is

11

necessary that the material be shown for purposes of this litigation; court reporters and

12

videographers receiving or transcribing the documents, things or information in connection with

13

official reporting (for example, at a deposition or a hearing); the Court; outside photocopy, imaging,

14

database, graphics, design, computer simulation modeling, or exhibit production services, to the

15

extent necessary to assist such Outside Trial Counsel for purposes of this litigation.

16

(b)

Outside consultants, or expert witnesses who are not employees, directors, officers, or

17

agents of any party, performing services solely in connection with the prosecution or defense of this

18

litigation together with their clerical or support personnel, provided that each consultant or expert

19

executes an acknowledgement pursuant to Section 6 herein.

20
21
22
23
24
25

(c)

Witnesses who are expected to testify in Court or in a deposition only if such persons

have prior knowledge of the ATTORNEYS’ EYES ONLY information.
(d)

Court reporters and videographers of any deposition in this action and their associated

employees and personnel.
5.

Confidential Information designated CONFIDENTIAL shall only be disclosed to and

made available to the following:

26

(a)

The persons identified in Subsections 4(a), 4(b), 4(c), and 4(d);

27

(b)

The parties (i.e. employees of the corporate parties); and

28

(c)

Witnesses who are expected to testify in court or in a deposition only if such persons
4
STIPULATED PROTECTIVE ORDER

1
2

have prior knowledge of the CONFIDENTIAL information.
6.

Prior to receiving Confidential Information, any person in subsections 4(a), 4(b), 4(c),

3

4(d), 5(b) and 5(c) shall sign an acknowledgement in the form of Exhibit A attached hereto. Any

4

individual identified pursuant to this subsection who has executed Exhibit A shall be treated as

5

subject to this Protective Order. A willful violation of any material term of this Protective Order by

6

any such individual may be punishable as contempt of court.

7

7.

If the party to whom CONFIDENTIAL or ATTORNEYS’ EYES ONLY documents,

8

things or information has been produced believes that any of the documents, things or information

9

has been improperly designated, the receiving party may at any time request the party which made

10

the designation to cancel the designation with respect to any documents, things or information and to

11

agree that thereafter such document, thing or information will no longer be subject to certain or all of

12

the provisions of this Protective Order. Such request shall be in writing and shall particularly

13

identify the information that is contested, including the reasons supporting the contentions. If the

14

party which produced the documents, things, or information objects to the requested declassification,

15

it must, within two weeks of its receipt of the request to declassify or such other time as the parties

16

may mutually agree, file and serve a motion for a protective order supporting its classification. The

17

party claiming the higher designation of protection shall have the burden of establishing the status of

18

the particular document, thing, or information. If no such motion is timely filed, the party objecting

19

to the designation shall be entitled to treat the documents and/or information in accordance with the

20

written request of such party.

21

information at issue will continue to be entitled to the protections accorded by this Stipulated

22

Protective Order pursuant to their original designation until and unless the Court rules otherwise.

23

8.

If the producing party files such a motion, the document or

No copies of documents, things or information designated as CONFIDENTIAL or

24

ATTORNEYS’ EYES ONLY shall be received, kept, or maintained by persons other than those

25

authorized to do so under this Protective Order.

26

9.

When a party gives notice to another party that, during an oral deposition,

27

CONFIDENTIAL or ATTORNEYS’ EYES ONLY documents, things or information are expected

28

to be produced, used or discussed during the deposition, then only persons authorized to receive such
5
STIPULATED PROTECTIVE ORDER

1

information pursuant to this Protective Order will be allowed to attend that portion of the deposition

2

on behalf of the receiving party.

3

10.

To the extent it is necessary to file with the Court any material containing or

4

materially referring to any CONFIDENTIAL or ATTORNEYS’ EYES ONLY document(s),

5

thing(s), or information, the parties shall file such documents under seal.

6

11.

Each party’s production of any document(s), thing(s), or information designated as

7

CONFIDENTIAL or ATTORNEYS’ EYES ONLY shall be solely for purposes of and use in this

8

action, and those documents, things and information shall not be used for any other purpose. If any

9

such document(s), thing(s), or information properly becomes a matter of public record without an

10

order of Court causing the same to be retained under seal or retained in an otherwise confidential

11

manner, then the parties will have the same rights to utilize the document, things, or information as

12

the public at large under the First Amendment.

13

12.

Within one hundred twenty (120) days after the conclusion of this action and any

14

appeal taken here from, all documents, things, and other materials produced or designated as

15

containing Confidential Information, and all reproductions thereof, shall be returned to the party who

16

produced them except that counsel for each party may retain one entire set of pleadings and

17

depositions (including exhibits) in this case. Any party may, at their option, destroy annotated

18

copies or summaries of Confidential Information in lieu of returning those copies and summaries to

19

the producing party.

20

13.

If another court or an administrative agency subpoenas or orders production of

21

stamped confidential documents that a party has obtained under the terms of this Protective Order,

22

such party shall promptly notify the party or other person who designated the document as

23

confidential of the pendency of such subpoena or order in sufficient time to allow for the designating

24

party to seek a protective order.

25

14.

Nothing in this Protective Order shall prevent or otherwise restrict counsel from

26

rendering advice to their clients and, in the course thereof, relying generally on examination of

27

stamped confidential documents; provided, however, that in rendering such advice and otherwise

28

communicating with such clients, counsel shall not make specific disclosure of any item, or the
6
STIPULATED PROTECTIVE ORDER

1

information contained therein, so designated except pursuant to the provisions of this Protective

2

Order.

3

15.

Persons obtaining access to stamped confidential documents under this Protective

4

Order shall use the information only for preparation and trial of this litigation (including appeals and

5

retrials), and shall not use such information for any other purpose, including business, governmental,

6

commercial, administrative, or other judicial proceedings.

7

16.

The attorneys of record are responsible for employing reasonable measures,

8

consistent with this Protective Order, to control duplication of, access to, and distribution of copies

9

of stamped confidential documents.

10

17.

The disclosure of Confidential Information under the terms of the Protective Order

11

shall not constitute a waiver of confidentiality for the documents and things so designated.

12

Specifically:

13

(a)

Review of the confidential documents and information by counsel, experts, or

14

consultants for the litigants in the litigation shall not waive the confidentiality of the documents or

15

objections to production.

16

(b)

The inadvertent, unintentional, or in camera disclosure of confidential

17

documents and information shall not, under any circumstances, be deemed a waiver, in whole or in

18

part, of any party’s claims of confidentiality. If a party through inadvertence or mistake produces

19

discovery of any Confidential Information without marking it with the legend CONFIDENTIAL or

20

ATTORNEYS EYES ONLY, or by designating it with the incorrect level of confidentiality, the

21

producing party may give written notice to the receiving party that the document or information

22

contains Confidential Information and should be treated as such. Upon receipt of such notice, and

23

upon receipt of properly marked materials, the receiving party shall return or destroy said unmarked

24

or improperly marked materials and not retain copies thereof.

25

18.

Notwithstanding the termination of this action, persons who have had access to

26

CONFIDENTIAL or ATTORNEYS’ EYES ONLY documents, things or information shall remain

27

subject to the terms of this Protective Order.

28

///
7
STIPULATED PROTECTIVE ORDER

1

19.

This Protective Order may be modified by written agreement of the parties or by

2

further order of the Court. Each party shall also have the right to petition the Court to modify this

3

Protective Order or for additional protection under Fed.R.Civ.P. 26(c).

4

20.

The terms of the this Protective Order are applicable to Confidential Information

5

produced by a non-party, such non-party may designate Confidential Information produced by it in

6

connection with this litigation, and the Confidential Information is protected by the remedies and

7

relief provided by the Protective Order. Moreover, if either party believes that the records to be

8

provided by a non-party contains CONFIDENTIAL or ATTORNEYS’ EYES ONLY documents, the

9

party asserting the confidentiality protection can designate the documents as such on behalf of the

10

third party and/or in addition to the third party designation by advising the party that issued the third

11

party subpoena within 14 days of the service of the deposition notice and/or subpoena on the party

12

alleging the confidentiality protection. If such designation is made all records to be produced by a

13

third party shall be designated as ATTORNEYS’ EYES ONLY until these are declassified as

14

provided in this Protective Order.

15

21.

This Protective Order is not intended to expand the right of the parties hereto to

16

demand privileged information that is not relevant to these proceedings or to otherwise expand the

17

scope of discovery under Rule 26 of the Federal Rules of Civil Procedure.

18

IT IS APPROVED AND SO ORDERED, except that the marking of materials as

19

“Confidential” and “Attorneys’ Eyes Only” will not automatically result in the sealing of

20

such materials filed with the court. The sealing of documents is never automatic, and the

21

parties are required to file a request to seal in accordance with Local Rule 141 and the

22

Federal Rules of Civil Procedure. Additionally, nothing in this order shall be construed as to

23

limit in advance the examination of, or testimony by, parties or non-parties at any court

24

hearing or trial. Such determinations will only be made by the court at the hearing or trial, or

25

upon an appropriate motion.

26
27
28
8
STIPULATED PROTECTIVE ORDER

1

Date: 3/22/2013

2
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

3
4
5
Agreed to and Accepted by:
6
7

DATED: March 22, 2013

8
9

MILLSTONE PETERSON & WATTS, LLP
Attorneys at Law

By:

10
11

Attorneys for Plaintiff
Back Shop Tiefkühl GmbH

12
13

/s/ Glenn W. Peterson
GLENN W. PETERSON

DATED: March 22, 2013

LAW OFFICES OF RODNEY T. LEWIN

14
15

By:

16
17

Attorneys for Defendant
Alex Almansky

18
19

/s/ Rodney T. Lewin
RODNEY T. LEWIN
(AS AUTHORIZED ON 3/22/13)

DATED: March 22, 2013

20
21

By:

22
23
24
25

/s/ Vladimir Shevchenko
VLADIMIR SHEVCHENKO
(AS AUTHORIZED ON 3/22/13)

I hereby attest that I have on file all holograph signatures for any signatures indicated by a
"conformed" signature (/s/) within this e-filed document.
MILLSTONE PETERSON & WATTS, LLP
/s/ Glenn W. Peterson

26
27
28
9
STIPULATED PROTECTIVE ORDER

EXHIBIT A

1
2
3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

4
5
6

BACK SHOP TIEFKUHL GMBH, a Foreign
Corporation,
Plaintiff,

7

STIPULATED PROTECTIVE ORDER
______________________________________

8
vs.
9
10
11

CASE NO. 2:12-CV-00540-WBS-KJN

GN TRADE, INC, a California Corporation,
VLADIMIR DEMIN, VLADIMIR
SHEVCHENKO, ALEX ALMANSKY and
DOES 1 through 10, inclusive,

Complaint Filed: February 29, 2012
Trial Date: October 29, 2013

12
13

Defendants.

14
15

This is to certify that I have read and understand the Stipulated Protective Order (the

16

“Order”) entered in the above-captioned action and agree: (a) to be bound by the terms and

17

conditions set forth in the Order; (b) not to reveal to anyone, other than another persons listed in

18

Section 6 of the Order, any documents, things or information designated under the Order as

19

“Confidential”; (c) not to reveal to anyone, other than another persons identified in Section 5 of the

20

Order, any documents, things or information designated under the Order as “ATTORNEYS’ EYES

21

ONLY” and (d) to utilize such documents, things and information solely for purposes of and in

22

connection with the above-captioned action. In addition, I hereby consent to the jurisdiction of the

23

above-identified Court for purposes of enforcing the Order. I agree that a willful violation of any

24

material term of the Order may be punishable as contempt of court.

25

Dated: ______________

________________________

26

Signature

27

________________________

28

Printed Name
10
STIPULATED PROTECTIVE ORDER