Johnson v. Ahn et al
Filing
17
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 4/11/17. (Mena-Sanchez, L)
1
2
3
4
5
6
7
8
9
10
CENTER FOR DISABILITY ACCESS
RAYMOND G. BALLISTER, JR., SBN 111282
Mail: P.O. Box 262490
San Diego, CA 92196-2490
Deliveries: 9845 Erma Road, Suite 300
San Diego, CA 92131
Phone: (858) 375-7385
Fax: (888) 422-5191
SaraG@potterhandy.com
Attorneys for Plaintiff Scott Johnson
DAVID M. OVERSTREET, IV, NO. 103039
RACHELLE TAYLOR GOLDEN, NO. 295385
OVERSTREET & ASSOCIATES
Attorneys At Law,
1300 E. Shaw Avenue, Suite 125
Fresno, CA 93710
Telephone: (559) 221-2771
Facsimile: (559) 221-2775
Attorneys for Defendants Joon I. Ahn, Shin S. Ahn, and
Clear Three Inc.
11
12
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
13
14
15
16
17
18
19
20
Case No. 2:16-CV-01079-MCE-EFB
Scott Johnson,
STIPULATED PROTECTIVE
ORDER
Plaintiffs,
v.
Joon I. Ahn, AB Living Trust dated
1/8/2009;
Shin S. Ahn, AB Living Trust dated
1/8/2009;
Clear Three, Inc., a California
Corporation; and Does 1–10,
21
22
Defendants.
23
24
Subject to the approval of this Court, the parties hereby stipulate to the following protective order:
25
1. In connection with discovery proceedings in this action, the parties may designate any
26
document, thing, material, testimony or other information derived therefrom, as “Confidential”
27
under the terms of this Stipulated Protective Order (hereinafter “Order”).
28
-1Stipulated Protective Order
1
2
2. Pursuant to Local Rule 141.1(c), the following categories of information are covered under
this Order:
3
(a) Financial information: the financial information of the parties including, but not limited
4
to, profit and loss statements, federal and state tax returns, financial audits, bank
5
statements, income and expense sheets, rent receipts and business loan documents, and
6
7
8
9
10
any other such financial documents relevant to the claims and defenses in this case.
Protection is required for this category of documents so as to protect the financial
privacy of the parties. Court order is required for the protection of this information
rather than a private agreement between the parties because of the sensitivity of such
information.
(b) Ownership information: including, but not limited to, those establishing ownership,
11
lessor rights and obligations, lessee rights and obligations, and/or operating agreements
12
13
14
15
related to the property at issue in this case. Protection is required for this category of
documents so as to protect the privacy of the parties, the privacy of any third parties
identified in these agreements, and any proprietary business information contained in
these documents. Court order is required for the protection of this information rather
16
than a private agreement between the parties because of the sensitivity of such
17
information.
18
3. Confidential information is information which has not been made public and which concerns
19
or relates to the processes, operations, type or work, or to the production, sales, shipments,
20
purchases, transfers, identification of customers, inventories, amount or source of any income,
21
profits, losses, or expenditures of any persons, firm, partnership, corporation, or other
22
organization, the disclosure of which information may have the effect of causing harm to the
23
competitive position of the person, firm, partnership, corporation, or to the organization from
24
which the information was obtained.
25
4. All documents produced under this Stipulation shall be designated as “CONFIDENTIAL.”
26
The disclosed documents shall be used solely in connection with Eastern District Case No.
27
2:16-CV-01079-MCE-EFB, commonly referred to Johnson v. Ahn, et al., and in the
28
preparation and trial of this case, including any related motions.
-2Stipulated Protective Order
1
5. By designating a document, thing, material, testimony or other information derived therefrom
2
as “confidential,” under the terms of this order, the party making the designation is certifying
3
to the court that there is a good faith basis both in law and in fact for the designation within the
4
meaning of Federal Rule of Civil Procedure 26(g). Confidential documents shall be so
5
designated by stamping copies of the document produced to a party with the legend
6
7
8
9
10
“CONFIDENTIAL.” Stamping the legend “CONFIDENTIAL” on the cover of any multipage
document shall designate all pages of the document as confidential, unless otherwise indicated
by the producing party.
6. During the course of any deposition or other proceeding in the course of this litigation which is
the subject matter of this suit, at any time the information sought consists of
“CONFIDENTIAL” information, the court reporter will note said reference on the record and
11
will thereafter designate that portion of the transcript and/or document involved as
12
13
14
15
“CONFIDENTIAL” and all such portions of transcripts supplied shall be so designated.
(a) Arrangements shall be made with the court reporter taking and transcribing such
proceeding to separately bind such portions of the transcript containing information
designated as confidential, and to label such portions appropriately.
16
7. Material designated as confidential under this Order, the information contained therein, and
17
any summaries, copies, abstracts, or other documents derived in whole or in part from material
18
designated as confidential (hereinafter “Confidential Material”) shall be used only for the
19
purpose of the prosecution, defense, or settlement of this action, and for no other purpose.
20
8. Confidential Material produced pursuant to this Order may be disclosed or made available
21
only to the Court, to counsel for a party (including the paralegal, clerical, and secretarial staff
22
employed by such counsel), and to the “qualified persons” designated below:
23
(a) A party, or an officer, director, or employee;
24
(b) Experts or consultants (together with their clerical staff) retained by such counsel to
25
assist in the prosecution, defense, or settlement of this action;
26
(c) Court reporter(s) employed in this action;
27
(d) A witness at any deposition or other proceeding in this action; and
28
(e) Any other person as to whom the parties in writing agree.
-3Stipulated Protective Order
1
9. Depositions shall be taken only in the presence of qualified persons.
2
10. The parties may further designate certain discovery material or testimony of a highly
3
confidential and/or proprietary nature as “CONFIDENTIAL--ATTORNEY'S EYES
4
ONLY”(hereinafter “Attorney's Eyes Only Material”), in the manner described in paragraphs 2
5
and 3 above. Attorney's Eyes Only Material, and the information contained therein, shall be
6
7
8
9
10
disclosed only to the Court, to counsel for the parties (including the paralegal, clerical, and
secretarial staff employed by such counsel), and to the “qualified persons” listed in
subparagraphs 5(b) through (e) above, but shall not be disclosed to a party, or to an officer,
director or employee of a party, unless otherwise agreed or ordered. If disclosure of Attorney's
Eyes Only Material is made pursuant to this paragraph, all other provisions in this order with
respect to confidentiality shall also apply.
11
11. Should any information designated CONFIDENTIAL be disclosed through inadvertence or
12
13
14
15
otherwise, to any person not authorized to receive it under this Stipulation, the disclosing
person(s) shall promptly (a) inform the other parties of the recipient(s) and the circumstances
of the unauthorized disclosure to the relevant producing person(s), (b) use best efforts to bind
the recipient(s) to the terms of this Stipulation and (c) use all efforts to retrieve any and all
16
copies of the unauthorized disclosure or document. No information shall lose its
17
CONFIDENTIAL status because it was disclosed to a person not authorized to receive it under
18
this Stipulation. After exhausting efforts to retrieve the inadvertent disclosure of
19
CONFIDENTIAL documents, and where this is a showing of gross negligence in the
20
inadvertent disclosure of CONFIDENTIAL information, the parties reserve the ability to
21
bring a motion for contempt for violation of this Stipulation only where efforts to retrieve and
22
destroy inadvertent disclosure have failed, as to avoid the necessity of Court involvement in
23
any dispute regarding the inadvertent disclosure of CONFIDENTIAL documents.
24
12. Nothing herein shall impose any restrictions on the use or disclosure by a party of material
25
obtained by such party independent of discovery in this action, whether or not such material is
26
also obtained through discovery in this action, or from disclosing its own Confidential
27
Material as it deems appropriate.
28
-4Stipulated Protective Order
1
2
13. Pursuant to Local Rule 141.1(e), documents that are the subject of a protective order may be
filed under seal only if a sealing order is first obtained in compliance with L.R. 141.
3
14. In the event that any Confidential Material is used in any court proceeding in this action, it
4
shall not lose its confidential status through such use, and the party using such shall take all
5
reasonable steps to maintain its confidentiality during such use.
6
7
8
9
10
15. This Order shall be without prejudice to the right of the parties (i) to bring before the Court at
any time the question of whether any particular document or information is confidential or
whether its use should be restricted or (ii) to present a motion to the Court under FRCP 26(c)
for a separate protective order as to any particular document or information, including
restrictions differing from those as specified herein. This Order shall not be deemed to
prejudice the parties in any way in any future application for modification of this Order.
11
16. This Order is entered solely for the purpose of facilitating the exchange of documents and
12
13
14
15
information between the parties to this action without involving the Court unnecessarily in the
process. Nothing in this Order nor the production of any information or document under the
terms of this Order nor any proceedings pursuant to this Order shall be deemed to have the
effect of an admission or waiver by either party or of altering the confidentiality or non-
16
confidentiality of any such document or information or altering any existing obligation of any
17
party or the absence thereof.
18
17. After the conclusion of this litigation, all CONFIDENTIAL documents received under the
19
provisions of this Stipulation, including all copies made, shall 1) be destroyed with
20
certification to the opposing counsel an itemization of destroyed documents; or 2) be tendered
21
back to the attorneys for the Defendants in a manner in which the Defendants will be able to
22
reasonably identify that all documents were returned. Plaintiff, and his counsel, shall represent
23
and certify that no copies (whether in any format, paper, electronically stored information, or
24
any other storage or copying medium of any kind) have been retained, with the exception of
25
deposition testimony with may be kept for record-keeping purposes, keeping the
26
CONFIDENTIAL information separate from the otherwise non-confidential deposition
27
testimony, as described supra, and said documentation retains its CONFIDENTIAL status.
28
-5Stipulated Protective Order
1
18. This Order shall survive the final termination of this action, to the extent that the information
2
contained in Confidential Material is not or does not become known to the public, and the
3
Court shall retain jurisdiction to resolve any dispute concerning the use of information
4
disclosed hereunder. Upon termination of this case, counsel for the parties shall either destroy
5
the CONFIDENTIAL information and make an itemized list of the destroyed
6
7
8
CONFIDENTIAL documents and materials, or assemble and return to each other all
documents and material, with the exception of deposition transcripts as described supra,
designated as confidential and all copies of same, or shall certify the destruction thereof.
9
10
IT IS SO STIPULATED.
DATED: March 28, 2017
CENTER FOR DISABILITY ACCESS
11
12
13
By: /s/ Sara Gunderson
SARA GUNDERSON
Attorneys for Plaintiff
14
15
16
DATED: March 28, 2017
OVERSTREET & ASSOCIATES
17
18
By: /s/ Rachelle Taylor Golden
RACHELLE TAYLOR GOLDEN
Attorneys for Defendants, Joon I. Ahn, Shin S. Ahn and
Clear Three Inc.
19
20
21
22
23
IT IS SO ORDERED.
Dated: April 11, 2017
____________________________________
EDMUND F. BRENNAN
United States Magistrate Judge
24
25
26
27
28
-6Stipulated Protective Order
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?