Prestige Autotech Corporation v. Tire & Wheel Master, Inc., et al.
Filing
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STIPULATION FOR PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/1/17. (Kastilahn, A)
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Ketan S. Vakil (#191043)
kvakil@swlaw.com
Jeffrey M. Singletary (#233528)
jsingletary@swlaw.com
Anthony J. Carucci (#301923)
acarucci@swlaw.com
SNELL & WILMER L.L.P.
600 Anton Blvd, Suite 1400
Costa Mesa, California 92626-7689
Telephone: 714.427.7000
Facsimile: 714.427.7799
Attorneys for Plaintiff
Prestige Autotech Corporation
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UNITED STATES DISTRICT COURT
L.L.P.
600 ANTON BLVD, SUITE 1400
COSTA MESA, CALIFORNIA 92626-7689
SNELL & WILMER
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EASTERN DISTRICT OF CALIFORNIA
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PRESTIGE AUTOTECH
CORPORATION,
Plaintiff,
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v.
TIRE & WHEEL MASTER, INC.,
dba TIRE & WHEEL MASTER
WHOLESALE DISTRIBUTOR;
TIRE & WHEEL MASTER, LLC,
dba TIRE & WHEEL MASTER
WHOLESALE DISTRIBUTOR; and
USA WHEEL & TIRE OUTLET,
INC.,
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Case No. 2:16-CV-01367-MCE-CKD
Stipulation for Protective Order;
Order
Trial Date: No Date Set
Initial Complaint Filed: June 20, 2016
Defendants.
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IT IS HEREBY STIPULATED and agreed by and between counsel for the
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parties that, upon the Court’s approval, the terms and conditions of a Stipulated
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Protective Order should be entered as follows:
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1.
The Stipulated Protective Order entered by the Court (the “Court’s
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Order”) shall be applicable to and govern all depositions, documents produced in
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response to requests for production of documents, answers to interrogatories,
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responses to requests for admissions, and all other discovery taken pursuant to the
Stipulation for Protective Order
CASE NO. 2:16-CV-01367-MCE-CKD
25653351.1
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Federal Rules of Civil Procedure, as well as all documents produced by either party
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in response to informal discovery requests, testimony, matters in evidence, and
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computerized records (collectively, “RECORDS”) which the disclosing party
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designates as “CONFIDENTIAL MATERIAL” or “RESTRICTED MATERIAL”
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pursuant to this Stipulation and the Court’s Order, directly or indirectly by or on
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behalf of any party in connection with this action.
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2.
Pursuant to Local Rule 141.1(c)(1), the types of information eligible
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for protection include a party’s trade secret, confidential, competitive, or
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proprietary information pertaining to the party’s business, which the party takes
L.L.P.
600 ANTON BLVD, SUITE 1400
COSTA MESA, CALIFORNIA 92626-7689
SNELL & WILMER
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appropriate efforts to keep confidential, or information which the party is otherwise
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required to keep confidential by agreement or law, including the following:
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financial information; research, development, and technical information and
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specifications; customer information; security features of the party’s products or
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property; and information that, if disclosed, would seriously undermine the party’s
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ability to investigate the infringement of its products or property.
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3.
Pursuant to Local Rule 141.1(c)(2), there is a need to protect this type
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of evidence. A party’s trade secret, confidential, competitive, or proprietary
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information could be abused if its use were not limited to this lawsuit. For example,
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third party competitors could exploit the following types of confidential
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information to their advantage were it made public: (1) a party’s financial
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information; (2) research, development, and technical information and
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specifications; and (3) customer information. In some cases, disclosure of this type
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of evidence could breach confidentiality agreements or violate privacy or consumer
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protection laws. Further, disclosure of information related to the security features of
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a party’s products or property, or that would seriously undermine the party’s ability
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to investigate the infringement of its products or property, would facilitate
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infringement.
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Stipulation for Protective Order
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4.
Pursuant to Local Rule 141.1(c)(3), the parties seek a Protective Order,
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as opposed to entering into a private agreement, because the proposed Order
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provides mechanisms for the resolution of disputes and the handling of designated
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evidence that involve the Court.
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5.
In designating RECORDS as “CONFIDENTIAL MATERIAL” or
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“RESTRICTED MATERIAL,” a party shall make such a designation only for
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RECORDS which that party in good faith believes contain trade secret,
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confidential, competitive, or proprietary information pertaining to a party’s
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business, which the party takes appropriate efforts to keep confidential, or
L.L.P.
600 ANTON BLVD, SUITE 1400
COSTA MESA, CALIFORNIA 92626-7689
SNELL & WILMER
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information which the party is otherwise required to keep confidential by agreement
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or law. For a designation of RECORDS as “RESTRICTED MATERIAL,” the party
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must additionally believe in good faith that the RECORDS must be protected from
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disclosure to the parties themselves in this litigation and subject to the restricted
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disclosure provided for below. CONFIDENTIAL MATERIAL and RESTRICTED
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MATERIAL shall be used solely for the purpose of conducting this litigation and
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not for any other purpose.
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6.
disclosed only to the following persons:
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a.
the attorneys working on this action on behalf of any party,
including in-house attorneys;
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RECORDS designated as CONFIDENTIAL MATERIAL may be
b.
any paralegal assistants, stenographic and clerical employees
working under the direct supervision of such counsel;
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c.
any parties to this action who are individuals, and the
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employees, directors or officers of parties to this action who are corporations or
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partnerships, to the extent necessary to further the interest of the parties in this
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litigation;
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d.
any person not employed by a party who is expressly retained or
sought to be retained by any attorney described in paragraph 6(a) to assist in
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Stipulation for Protective Order
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preparation of this action for trial, with disclosure only to the extent necessary to
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perform such work;
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e.
any witnesses who appear for deposition or trial in this matter,
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and their counsel of record, during the course of their testimony, upon the witness
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being advised of the need and agreeing to keep the RECORDS confidential; and
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f.
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7.
L.L.P.
600 ANTON BLVD, SUITE 1400
COSTA MESA, CALIFORNIA 92626-7689
SNELL & WILMER
RECORDS designated as “RESTRICTED MATERIAL” may be
disclosed only to the following persons:
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the Court.
a.
the attorneys working on this action on behalf of any party,
including in-house litigation attorneys;
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b.
any paralegal assistants, stenographic and clerical employees
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working under the direct supervision of such counsel, with disclosure only to the
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extent necessary to perform their work in connection with this matter;
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c.
any person not employed by a party who is expressly retained or
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sought to be retained by any attorney described in paragraph 7(a) to assist in
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preparation of this action for trial, with disclosure only to the extent necessary to
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perform such work;
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d.
any witnesses who appear for deposition or trial in this matter,
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and their counsel of record, during the course of their testimony, upon the witness
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being advised of the need and agreeing to keep the RECORDS confidential; and
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e.
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8.
the Court.
Notwithstanding any other provisions of the Court’s Order, Microsoft
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may use and disclose CONFIDENTIAL MATERIAL or RESTRICTED
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MATERIAL in order to investigate and/or prosecute criminal or civil actions
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involving copyright or trademark infringement against parties or entities other than
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the defendants in this matter and may provide CONFIDENTIAL MATERIAL or
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RESTRICTED MATERIAL to law enforcement officials upon such officials’
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request.
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9.
The persons described in paragraphs 6(d) and 7(c) shall have access to
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the CONFIDENTIAL MATERIAL or RESTRICTED MATERIAL once they have
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been made aware of the provisions of the Court’s Order and have manifested their
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assent to be bound thereby by signing a copy of the annexed
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“ACKNOWLEDGMENT.” Upon request, a list shall be prepared by counsel for the
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parties hereto of the names of all such persons to whom CONFIDENTIAL
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MATERIAL or RESTRICTED MATERIAL is disclosed, or to whom the
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information contained therein is disclosed, and such list shall be available for
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inspection by the Court and opposing counsel. The other persons described in
L.L.P.
600 ANTON BLVD, SUITE 1400
COSTA MESA, CALIFORNIA 92626-7689
SNELL & WILMER
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paragraphs 6 and 7 shall have access to the CONFIDENTIAL MATERIAL and
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RESTRICTED MATERIAL pursuant to the terms of the Court’s Order without
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signing a copy of the annexed “ACKNOWLEDGEMENT.” Upon request, similar
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but separate lists shall also be prepared with respect to CONFIDENTIAL
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MATERIAL or RESTRICTED MATERIAL provided by third parties. The persons
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receiving CONFIDENTIAL MATERIAL or RESTRICTED MATERIAL are
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enjoined from disclosing it to any other person, except in conformance with the
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Court’s Order. This Stipulation will not require the disclosure of experts other than
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by Local Rule, Federal Rule of Civil Procedure, and/or Court Order.
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10.
Each individual who receives any CONFIDENTIAL MATERIAL or
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RESTRICTED MATERIAL hereby agrees to subject himself/herself to the
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jurisdiction of this Court for the purpose of any proceedings relating to the
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performance under, compliance with or violation of the Court’s Order.
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11.
The recipient of any CONFIDENTIAL MATERIAL or RESTRICTED
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MATERIAL that is provided under the Court’s Order shall maintain such
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RECORDS in a secure and safe area and shall exercise the same standard of due
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and proper care with respect to the storage, custody, use and/or dissemination of
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such RECORDS as is exercised by the recipient with respect to its own proprietary
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information.
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12.
Parties shall designate CONFIDENTIAL MATERIAL or
RESTRICTED MATERIAL as follows:
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a.
In the case of RECORDS produced pursuant to Rules 26 and 34
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of the Federal Rules of Civil Procedure, interrogatory answers, responses to
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requests for admissions, and the information contained therein, designation shall be
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made by placing the following legend on any such RECORD prior to production:
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“CONFIDENTIAL MATERIAL” or “RESTRICTED MATERIAL.” In the event
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that a party was unable to stamp or otherwise designate a RECORD as
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CONFIDENTIAL MATERIAL or RESTRICTED MATERIAL at the time of its
L.L.P.
600 ANTON BLVD, SUITE 1400
COSTA MESA, CALIFORNIA 92626-7689
SNELL & WILMER
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production, that party may, within twenty-one (21) days of becoming able to
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designate such RECORD, so stamp or otherwise designate the RECORD. In the
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event that a party inadvertently fails to stamp or otherwise designate a RECORD as
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CONFIDENTIAL MATERIAL or RESTRICTED MATERIAL at the time of its
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production, that party may, after discovery of such error, so stamp or otherwise
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designate the RECORD.
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b.
In the case of depositions, designation of the portion of the
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transcript (including exhibits) which contains CONFIDENTIAL MATERIAL or
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RESTRICTED MATERIAL shall be made by a statement to such effect on the
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record in the course of the deposition or, upon review of such transcript by counsel
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for the party to whose CONFIDENTIAL MATERIAL or RESTRICTED
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MATERIAL the deponent has had access, said counsel shall designate within
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twenty-one (21) days after counsel’s receipt of the transcript.
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c.
Transcripts of depositions will not be filed with the Court unless
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it is necessary to do so for purposes of trial, motions for summary judgment, or
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other matters, and when filed, the parties shall comply with paragraph 14 below.
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13.
A party shall not be obligated to challenge the propriety of a
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CONFIDENTIAL MATERIAL or RESTRICTED MATERIAL designation at the
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time made, and failure to do so shall not preclude a subsequent challenge thereto. In
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CASE NO. 2:16-CV-01367-MCE-CKD
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the event that any party to this litigation disagrees at any stage of these proceedings
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with such designation, such party shall provide to the producing party written
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notice of its disagreement with the designation. The parties shall first try to dispose
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of such dispute in good faith on an informal basis. If the dispute cannot be resolved,
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the party challenging the designation may request appropriate relief from the Court.
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14.
In the event that any CONFIDENTIAL MATERIAL or
with this litigation, the parties shall request an Order from the Court seeking to seal
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the documents pursuant to Local Rule 141. If any CONFIDENTIAL MATERIAL
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L.L.P.
600 ANTON BLVD, SUITE 1400
COSTA MESA, CALIFORNIA 92626-7689
RESTRICTED MATERIAL is to be used in any court proceedings in connection
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SNELL & WILMER
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or RESTRICTED MATERIAL is used in any court proceedings in connection with
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this litigation it shall not lose its CONFIDENTIAL MATERIAL or RESTRICTED
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MATERIAL status through such use, and the parties shall take all steps reasonably
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required to protect its confidentiality during such use.
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15.
Nothing in the Court’s Order shall preclude any party to the lawsuit,
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their attorneys or any other person from disclosing or using, in any manner or for
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any purpose, any RECORDS not obtained in this lawsuit, if such RECORDS are
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lawfully obtained from a third party, even though the same RECORDS may have
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been produced in discovery in this lawsuit and designated as CONFIDENTIAL
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MATERIAL or RESTRICTED MATERIAL.
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16.
Nothing in the Court’s Order shall preclude any party to the lawsuit or
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their attorneys (a) from showing RECORDS designated as CONFIDENTIAL
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MATERIAL or RESTRICTED MATERIAL to an individual who either prepared
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or reviewed the RECORDS prior to the filing of this action, or (b) from disclosing
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or using, in any manner or for any purpose, RECORDS from the party’s own files
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which the party itself has designated as CONFIDENTIAL MATERIAL or
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RESTRICTED MATERIAL.
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17.
Within sixty (60) days of the termination of litigation between the
parties, all CONFIDENTIAL MATERIAL and RESTRICTED MATERIAL, and
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all copies thereof, except such copies which have been filed with the Court, utilized
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in accordance with the Court’s Order, or which are and will continue to be
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maintained in a secure place pursuant to the continuing obligations of the Court’s
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Order, shall be returned to the party which produced it or shall be destroyed.
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18.
Except as specifically provided herein, the terms, conditions and
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limitations of the Court’s Order shall survive the termination of this action at the
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option of the designating party.
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L.L.P.
600 ANTON BLVD, SUITE 1400
COSTA MESA, CALIFORNIA 92626-7689
SNELL & WILMER
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19.
The Court’s Order is without prejudice to the right of any party to seek
relief from the Court, upon good cause shown, from any of the provisions contained
in paragraphs 1 through 18, inclusive hereof.
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Dated: January 31, 2017
SNELL & WILMER L.L.P.
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By: /s/Jeffrey M. Singletary
Ketan S. Vakil
Jeffrey M. Singletary
Anthony J. Carucci
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Attorneys for Plaintiff
Prestige Autotech Corporation
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-825653351.1
Stipulation for Protective Order
CASE NO. 2:16-CV-01367-MCE-CKD
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Dated: January 31, 2017
FERNALD LAW GROUP
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By: /s/Brandon Fernald
Brandon Fernald
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BRADFORD, LTD.
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By: /s/Aaron P. Bradford
Aaron P. Bradford
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Attorneys for Defendants Tire & Wheel
Master, Inc. d/b/a Tire & Wheel Master
Wholesale Distributor; Tire & Wheel
Master Wholesale Distributor; and USA
Wheel & Tire Outlet, Inc.
L.L.P.
600 ANTON BLVD, SUITE 1400
COSTA MESA, CALIFORNIA 92626-7689
SNELL & WILMER
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ORDER
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IT IS SO ORDERED.
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Dated: February 1, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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ACKNOWLEDGEMENT
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The undersigned hereby acknowledges that he/she has read the Protective
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Order which was entered by the Court on ________________, 2017, Prestige
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Autotech Corporation v. Tire & Wheel Master, Inc., dba Tire & Wheel Master
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Wholesale Distributor, et al., United States District Court, Eastern District of
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California, Case No. 2:16-CV-01367-MCE-CKD, that he/she is one of the persons
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contemplated in paragraphs 6 or 7 thereof as authorized to receive disclosures of
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RECORDS designed CONFIDENTIAL MATERIAL or RESTRICTED
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MATERIAL by any of the parties or by third parties, and that he/she fully
L.L.P.
600 ANTON BLVD, SUITE 1400
COSTA MESA, CALIFORNIA 92626-7689
SNELL & WILMER
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understand and agrees to abide by the obligations and conditions of the Protective
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Order. The undersigned further consents to be subject to the jurisdiction of the
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United States District Court for the Eastern District of California for the purposes
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of any proceedings relating to the performance under, compliance with, or violation
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of the above-described Protective Order.
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Date: ________________, 2017
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CASE NO. 2:16-CV-01367-MCE-CKD
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