Montes et al v. Zhanjiang Hallsmart Electrical Appliance Co., Ltd. et al

Filing 33

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 11/23/15. (Kaminski, H)

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David A. Clinton, Esq. (Bar No. 150107)
Dana Ulise, Esq. (Bar No. 227745)
Amy Ifurung, Esq. (Bar No. 292113)
CLINTON & CLINTON
100 Oceangate, 14th Floor
Long Beach, California 90802
Ph.: [phone]
Fax: [phone]
Attorneys for Defendants,
W.P. APPLIANCES, INC. and ZHANJIANG HALLSMART ELECTRICAL
APPLIANCE CO., LTD
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE NO. 2:14-cv-01582-TLN-EFB

)
)
)
)
Plaintiff,
)
)
v.
)
)
ZHANJIANG HALLSMART
ELECTRICAL APPLIANCE CO., )
)
LTD; W.P. APPLIANCES, INC.;
W.P. PRODUCTIONS, INC.; HSN, )
)
INC.; WOLFGANG PUCK
WORLDWIDE, INC., and DOES 1 to )
)
100, inclusive,
)
)
Defendants.
)
DEBBIE MONTES AND SAM
MONTES,

STIPULATED PROTECTIVE
ORDER

Date Filed: July 3, 2014
Trial Date: December 5, 2016

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The parties, through their respective counsel of record, stipulate to the
following:
1.

All documents, materials, and information produced by Defendants,

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W.P. APPLIANCES, INC. and ZHANJIANG HALLSMART ELECTRICAL

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APPLIANCE CO., LTD (“Defendants”) that do not constitute trade secret,

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confidential, competitively sensitive, or proprietary information are not the subject

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of this Stipulated Protective Order Regarding Production of Confidential

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Documents (“Stipulated Protective Order”).

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2.

Information that constitutes trade secret, confidential, competitively

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sensitive, or proprietary information shall be given a control number and stamped

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with “Confidential”, “Protected by Court Order”, or other words to that effect. The

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stamp shall be placed on each document so as to not interfere with the print or type

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face of the document.
3.

All documents, materials, and information produced herein by

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Defendants and designated as confidential shall be securely maintained and kept

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confidential in accordance with the terms of this Stipulated Protective Order.

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4.

At any time prior to the final judgment in this case, should any party

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dispute the designation of any documents, materials, or information as confidential,

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the party may apply to the Court for an Order relieving it of the terms of the

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Stipulated Protective Order upon a finding by the Court that the document,

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material, or information does not qualify as a trade secret or confidential,

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competitively sensitive and/or proprietary information. The burden of establishing

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confidentiality rests with Defendants. This provision is not intended to discourage

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the parties from meeting and conferring regarding the designation of documents.

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5.

All transcripts, depositions, exhibits, or other pleadings or filings in

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this action that contain or otherwise set forth documents, information, or other

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materials, or the contents thereof, which have been previously designated by

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Defendants as confidential, shall likewise be subject to the terms of this Stipulated

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Protective Order. All transcripts, depositions, exhibits, pleadings, or other such

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documents or materials containing confidential information, which are filed with

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this Court, shall be filed in sealed envelopes or other sealed containers that shall
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bear the caption of this action, an indication of the nature of the contents of the

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sealed envelope or containers, the words “CONFIDENTIAL – SUBJECT TO

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STIPULATED PROTECTIVE ORDER”, and a statement stating that the envelope

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or container is not to be opened, nor the contents thereof to be displayed or

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revealed, except by express Order of the Court. This stipulation and protective

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order does not entitle the parties to file confidential information under seal. Local

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Rule 141 sets forth the procedures that must be followed and the standards that will

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be applied when a party seeks permission from the court to file material under seal.

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6.

Within the confines of this litigation, all parties subject to this

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Stipulated Protective Order are free to share the information contained in the

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confidential documents, materials or information with attorneys or office personnel

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who are working on this case or technical consultants and/or experts who are

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assisting that party’s counsel in the prosecution or defense of this case. Counsel

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may also provide a summary of said documents to their insurer for purposes of

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assisting in the insurers’ evaluation of the case. Any party may bring a motion to

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allow documents to be viewed by representative of that party’s insurer if needed by

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the insurer for evaluation of the claim for purposes of either defense or settlement.

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7.

Counsel for all parties further agree that anyone working in their

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offices on this case will be familiarized with the terms of this Stipulated Protective

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Order and be instructed that they are bound by the Stipulated Protective Order.

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8.

Within the confines of this litigation, if the confidential documents,

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materials, and/or information are to be disclosed to technical consultants and/or

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experts to assist in the preparation of this matter for trial, the party’s counsel

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making such disclosure shall first present the technical consultant(s) and/or

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expert(s) with a copy of the Stipulated Protective Order. After the technical

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consultant(s) and/or expert(s) has read the Stipulated Protective Order and agreed

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to be bound by its terms, the disclosing party’s counsel shall obtain the written

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agreement of the technical consultant(s) and/or expert(s) to be bound by the terms
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of the Stipulated Protective Order in the form attached as Exhibit “A”.

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Agreements signed by designated experts shall be provided to counsel for

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Defendants when the expert is designated. Agreements signed by non-designated

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experts shall be provided to counsel for Defendant within thirty (30) days of

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termination of the case whether by settlement, verdict or dismissal.

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9.

The attorneys for all parties subject to this Stipulated Protective Order

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shall maintain a list of the names of all persons identified in paragraphs 6, 7, and 8

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to whom the confidential documents, materials and/or information is disclosed

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until such time as all confidential documents, materials and/or information covered

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by this Stipulated Protective Order are returned to counsel for Defendants. Any

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person who reviews the confidential documents, materials and/or information

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produced subject to this Stipulated Protective Order agrees to the jurisdiction of the

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United States District Court for the Northern District of California over their

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person for the purposes of any action seeking to enforce the terms and conditions

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of this Stipulated Protective Order or any action for contempt for violation of the

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terms of this Stipulated Protective Order.

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10.

No party to this Stipulated Protective Order or their counsel, technical

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consultants, and/or experts shall advertise or otherwise publish that they have the

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confidential information obtained from Defendant through discovery in this case

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whether described specifically or generally.

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11.

No party to this Stipulated Protective Order or their counsel, technical

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consultants, and/or experts shall sell, offer, advertise, publicize, or provide under

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any condition, the confidential documents, materials, or information provided by

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Defendants to any competitor of Defendants or others who might exploit the

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confidential documents, materials, or information for economic gain.

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12.

Any notes, lists, memoranda, indices or compilation prepared based

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wholly or in part upon examination of the confidential documents, materials,

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and/or information being produced pursuant to this Stipulated Protective Order
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shall not be disseminated to anyone not authorized to examine them. A person

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authorized to examine the confidential documents, materials, and/or information

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produced may provide notes, lists, memoranda, indices or compilation upon the

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terms and conditions as set forth in this document.

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13.

At the conclusion of this litigation, the confidential documents,

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materials, and/or information (including all copies) produced pursuant to this

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Stipulated Protective Order shall be returned to counsel for Defendants and all

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digital copies of confidential documents, materials, and/or information shall be

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deleted or destroyed. All recipients of confidential documents, materials, and/or

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information produced pursuant to this Stipulated Protective Order shall sign an

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affidavit in the form attached as Exhibit “B”, attesting that all confidential

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documents, materials, and/or information have been returned as required by this

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Stipulated Protective Order.
14.

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This Stipulated Protective Order shall be binding upon the signing

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parties, their attorneys, and upon the parties and their attorneys’ successors, heirs,

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legal representatives, assigns, subsidiaries, divisions, employees, agents,

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independent contractors, or other persons or organizations over which they have

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control.

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IT IS SO ORDERED:

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DATED: November 23, 2015.

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The undersigned counsel of record stipulate that the Court should enter the
above Protective Order as an order of the Court.

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DATED: November 23, 2015

PENNEY & ASSOCIATES

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By:

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Signature on original

STEWART P. GALBRAITH, ESQ.
Attorneys for Plaintiffs,
DEBBIE MONTES and SAM
MONTES

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LAW OFFICES OF DENNIS P.
ISAAC

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DATED: November 23, 2015

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By:

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Signature on original

DENNIS ALAN BABBITS, ESQ.
Attorneys for Defendant,
W.P. Productions, Inc. and HSN,
Inc.

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DATED: November 23, 2015

CLINTON & CLINTON

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By: Signature on original
DAVID A. CLINTON, ESQ.
DANA M. ULISE, ESQ.
Attorneys for Defendants,
W.P. APPLIANCES, INC. and
ZHANJIANG HALLSMART
ELECTRICAL APPLIANCE
CO., LTD

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