Prestige Autotech Corporation v. Tire & Wheel Master, Inc., et al.

Filing 12

STIPULATION FOR PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/1/17. (Kastilahn, A)

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1 2 3 4 5 6 7 8 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 9 UNITED STATES DISTRICT COURT L.L.P. 600 ANTON BLVD, SUITE 1400 COSTA MESA, CALIFORNIA 92626-7689 SNELL & WILMER 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 PRESTIGE AUTOTECH CORPORATION, Plaintiff, 14 15 16 17 18 19 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., 20 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. 21 22 IT IS HEREBY STIPULATED and agreed by and between counsel for the 23 parties that, upon the Court’s approval, the terms and conditions of a Stipulated 24 Protective Order should be entered as follows: 25 1. The Stipulated Protective Order entered by the Court (the “Court’s 26 Order”) shall be applicable to and govern all depositions, documents produced in 27 response to requests for production of documents, answers to interrogatories, 28 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 1 Federal Rules of Civil Procedure, as well as all documents produced by either party 2 in response to informal discovery requests, testimony, matters in evidence, and 3 computerized records (collectively, “RECORDS”) which the disclosing party 4 designates as “CONFIDENTIAL MATERIAL” or “RESTRICTED MATERIAL” 5 pursuant to this Stipulation and the Court’s Order, directly or indirectly by or on 6 behalf of any party in connection with this action. 7 2. Pursuant to Local Rule 141.1(c)(1), the types of information eligible 8 for protection include a party’s trade secret, confidential, competitive, or 9 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 10 appropriate efforts to keep confidential, or information which the party is otherwise 11 required to keep confidential by agreement or law, including the following: 12 financial information; research, development, and technical information and 13 specifications; customer information; security features of the party’s products or 14 property; and information that, if disclosed, would seriously undermine the party’s 15 ability to investigate the infringement of its products or property. 16 3. Pursuant to Local Rule 141.1(c)(2), there is a need to protect this type 17 of evidence. A party’s trade secret, confidential, competitive, or proprietary 18 information could be abused if its use were not limited to this lawsuit. For example, 19 third party competitors could exploit the following types of confidential 20 information to their advantage were it made public: (1) a party’s financial 21 information; (2) research, development, and technical information and 22 specifications; and (3) customer information. In some cases, disclosure of this type 23 of evidence could breach confidentiality agreements or violate privacy or consumer 24 protection laws. Further, disclosure of information related to the security features of 25 a party’s products or property, or that would seriously undermine the party’s ability 26 to investigate the infringement of its products or property, would facilitate 27 infringement. 28 -225653351.1 Stipulation for Protective Order CASE NO. 2:16-CV-01367-MCE-CKD 1 4. Pursuant to Local Rule 141.1(c)(3), the parties seek a Protective Order, 2 as opposed to entering into a private agreement, because the proposed Order 3 provides mechanisms for the resolution of disputes and the handling of designated 4 evidence that involve the Court. 5 5. In designating RECORDS as “CONFIDENTIAL MATERIAL” or 6 “RESTRICTED MATERIAL,” a party shall make such a designation only for 7 RECORDS which that party in good faith believes contain trade secret, 8 confidential, competitive, or proprietary information pertaining to a party’s 9 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 10 information which the party is otherwise required to keep confidential by agreement 11 or law. For a designation of RECORDS as “RESTRICTED MATERIAL,” the party 12 must additionally believe in good faith that the RECORDS must be protected from 13 disclosure to the parties themselves in this litigation and subject to the restricted 14 disclosure provided for below. CONFIDENTIAL MATERIAL and RESTRICTED 15 MATERIAL shall be used solely for the purpose of conducting this litigation and 16 not for any other purpose. 17 18 6. disclosed only to the following persons: 19 20 a. the attorneys working on this action on behalf of any party, including in-house attorneys; 21 22 RECORDS designated as CONFIDENTIAL MATERIAL may be b. any paralegal assistants, stenographic and clerical employees working under the direct supervision of such counsel; 23 c. any parties to this action who are individuals, and the 24 employees, directors or officers of parties to this action who are corporations or 25 partnerships, to the extent necessary to further the interest of the parties in this 26 litigation; 27 28 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 -325653351.1 Stipulation for Protective Order CASE NO. 2:16-CV-01367-MCE-CKD 1 preparation of this action for trial, with disclosure only to the extent necessary to 2 perform such work; 3 e. any witnesses who appear for deposition or trial in this matter, 4 and their counsel of record, during the course of their testimony, upon the witness 5 being advised of the need and agreeing to keep the RECORDS confidential; and 6 f. 7 8 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: 9 10 the Court. a. the attorneys working on this action on behalf of any party, including in-house litigation attorneys; 11 b. any paralegal assistants, stenographic and clerical employees 12 working under the direct supervision of such counsel, with disclosure only to the 13 extent necessary to perform their work in connection with this matter; 14 c. any person not employed by a party who is expressly retained or 15 sought to be retained by any attorney described in paragraph 7(a) to assist in 16 preparation of this action for trial, with disclosure only to the extent necessary to 17 perform such work; 18 d. any witnesses who appear for deposition or trial in this matter, 19 and their counsel of record, during the course of their testimony, upon the witness 20 being advised of the need and agreeing to keep the RECORDS confidential; and 21 e. 22 8. the Court. Notwithstanding any other provisions of the Court’s Order, Microsoft 23 may use and disclose CONFIDENTIAL MATERIAL or RESTRICTED 24 MATERIAL in order to investigate and/or prosecute criminal or civil actions 25 involving copyright or trademark infringement against parties or entities other than 26 the defendants in this matter and may provide CONFIDENTIAL MATERIAL or 27 RESTRICTED MATERIAL to law enforcement officials upon such officials’ 28 request. -425653351.1 Stipulation for Protective Order CASE NO. 2:16-CV-01367-MCE-CKD 1 9. The persons described in paragraphs 6(d) and 7(c) shall have access to 2 the CONFIDENTIAL MATERIAL or RESTRICTED MATERIAL once they have 3 been made aware of the provisions of the Court’s Order and have manifested their 4 assent to be bound thereby by signing a copy of the annexed 5 “ACKNOWLEDGMENT.” Upon request, a list shall be prepared by counsel for the 6 parties hereto of the names of all such persons to whom CONFIDENTIAL 7 MATERIAL or RESTRICTED MATERIAL is disclosed, or to whom the 8 information contained therein is disclosed, and such list shall be available for 9 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 10 paragraphs 6 and 7 shall have access to the CONFIDENTIAL MATERIAL and 11 RESTRICTED MATERIAL pursuant to the terms of the Court’s Order without 12 signing a copy of the annexed “ACKNOWLEDGEMENT.” Upon request, similar 13 but separate lists shall also be prepared with respect to CONFIDENTIAL 14 MATERIAL or RESTRICTED MATERIAL provided by third parties. The persons 15 receiving CONFIDENTIAL MATERIAL or RESTRICTED MATERIAL are 16 enjoined from disclosing it to any other person, except in conformance with the 17 Court’s Order. This Stipulation will not require the disclosure of experts other than 18 by Local Rule, Federal Rule of Civil Procedure, and/or Court Order. 19 10. Each individual who receives any CONFIDENTIAL MATERIAL or 20 RESTRICTED MATERIAL hereby agrees to subject himself/herself to the 21 jurisdiction of this Court for the purpose of any proceedings relating to the 22 performance under, compliance with or violation of the Court’s Order. 23 11. The recipient of any CONFIDENTIAL MATERIAL or RESTRICTED 24 MATERIAL that is provided under the Court’s Order shall maintain such 25 RECORDS in a secure and safe area and shall exercise the same standard of due 26 and proper care with respect to the storage, custody, use and/or dissemination of 27 such RECORDS as is exercised by the recipient with respect to its own proprietary 28 information. -525653351.1 Stipulation for Protective Order CASE NO. 2:16-CV-01367-MCE-CKD 1 2 12. Parties shall designate CONFIDENTIAL MATERIAL or RESTRICTED MATERIAL as follows: 3 a. In the case of RECORDS produced pursuant to Rules 26 and 34 4 of the Federal Rules of Civil Procedure, interrogatory answers, responses to 5 requests for admissions, and the information contained therein, designation shall be 6 made by placing the following legend on any such RECORD prior to production: 7 “CONFIDENTIAL MATERIAL” or “RESTRICTED MATERIAL.” In the event 8 that a party was unable to stamp or otherwise designate a RECORD as 9 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 10 production, that party may, within twenty-one (21) days of becoming able to 11 designate such RECORD, so stamp or otherwise designate the RECORD. In the 12 event that a party inadvertently fails to stamp or otherwise designate a RECORD as 13 CONFIDENTIAL MATERIAL or RESTRICTED MATERIAL at the time of its 14 production, that party may, after discovery of such error, so stamp or otherwise 15 designate the RECORD. 16 b. In the case of depositions, designation of the portion of the 17 transcript (including exhibits) which contains CONFIDENTIAL MATERIAL or 18 RESTRICTED MATERIAL shall be made by a statement to such effect on the 19 record in the course of the deposition or, upon review of such transcript by counsel 20 for the party to whose CONFIDENTIAL MATERIAL or RESTRICTED 21 MATERIAL the deponent has had access, said counsel shall designate within 22 twenty-one (21) days after counsel’s receipt of the transcript. 23 c. Transcripts of depositions will not be filed with the Court unless 24 it is necessary to do so for purposes of trial, motions for summary judgment, or 25 other matters, and when filed, the parties shall comply with paragraph 14 below. 26 13. A party shall not be obligated to challenge the propriety of a 27 CONFIDENTIAL MATERIAL or RESTRICTED MATERIAL designation at the 28 time made, and failure to do so shall not preclude a subsequent challenge thereto. In -625653351.1 Stipulation for Protective Order CASE NO. 2:16-CV-01367-MCE-CKD 1 the event that any party to this litigation disagrees at any stage of these proceedings 2 with such designation, such party shall provide to the producing party written 3 notice of its disagreement with the designation. The parties shall first try to dispose 4 of such dispute in good faith on an informal basis. If the dispute cannot be resolved, 5 the party challenging the designation may request appropriate relief from the Court. 6 14. In the event that any CONFIDENTIAL MATERIAL or with this litigation, the parties shall request an Order from the Court seeking to seal 9 the documents pursuant to Local Rule 141. If any CONFIDENTIAL MATERIAL 10 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 8 SNELL & WILMER 7 or RESTRICTED MATERIAL is used in any court proceedings in connection with 11 this litigation it shall not lose its CONFIDENTIAL MATERIAL or RESTRICTED 12 MATERIAL status through such use, and the parties shall take all steps reasonably 13 required to protect its confidentiality during such use. 14 15. Nothing in the Court’s Order shall preclude any party to the lawsuit, 15 their attorneys or any other person from disclosing or using, in any manner or for 16 any purpose, any RECORDS not obtained in this lawsuit, if such RECORDS are 17 lawfully obtained from a third party, even though the same RECORDS may have 18 been produced in discovery in this lawsuit and designated as CONFIDENTIAL 19 MATERIAL or RESTRICTED MATERIAL. 20 16. Nothing in the Court’s Order shall preclude any party to the lawsuit or 21 their attorneys (a) from showing RECORDS designated as CONFIDENTIAL 22 MATERIAL or RESTRICTED MATERIAL to an individual who either prepared 23 or reviewed the RECORDS prior to the filing of this action, or (b) from disclosing 24 or using, in any manner or for any purpose, RECORDS from the party’s own files 25 which the party itself has designated as CONFIDENTIAL MATERIAL or 26 RESTRICTED MATERIAL. 27 28 17. Within sixty (60) days of the termination of litigation between the parties, all CONFIDENTIAL MATERIAL and RESTRICTED MATERIAL, and -725653351.1 Stipulation for Protective Order CASE NO. 2:16-CV-01367-MCE-CKD 1 all copies thereof, except such copies which have been filed with the Court, utilized 2 in accordance with the Court’s Order, or which are and will continue to be 3 maintained in a secure place pursuant to the continuing obligations of the Court’s 4 Order, shall be returned to the party which produced it or shall be destroyed. 5 18. Except as specifically provided herein, the terms, conditions and 6 limitations of the Court’s Order shall survive the termination of this action at the 7 option of the designating party. 8 9 L.L.P. 600 ANTON BLVD, SUITE 1400 COSTA MESA, CALIFORNIA 92626-7689 SNELL & WILMER 10 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. 11 12 Dated: January 31, 2017 SNELL & WILMER L.L.P. 13 14 By: /s/Jeffrey M. Singletary Ketan S. Vakil Jeffrey M. Singletary Anthony J. Carucci 15 16 Attorneys for Plaintiff Prestige Autotech Corporation 17 18 19 20 21 22 23 24 25 26 27 28 -825653351.1 Stipulation for Protective Order CASE NO. 2:16-CV-01367-MCE-CKD 1 Dated: January 31, 2017 FERNALD LAW GROUP 2 3 By: /s/Brandon Fernald Brandon Fernald 4 5 BRADFORD, LTD. 6 7 By: /s/Aaron P. Bradford Aaron P. Bradford 8 9 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 10 11 12 ORDER 13 IT IS SO ORDERED. 14 15 Dated: February 1, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 -925653351.1 Stipulation for Protective Order CASE NO. 2:16-CV-01367-MCE-CKD 1 ACKNOWLEDGEMENT 2 The undersigned hereby acknowledges that he/she has read the Protective 3 Order which was entered by the Court on ________________, 2017, Prestige 4 Autotech Corporation v. Tire & Wheel Master, Inc., dba Tire & Wheel Master 5 Wholesale Distributor, et al., United States District Court, Eastern District of 6 California, Case No. 2:16-CV-01367-MCE-CKD, that he/she is one of the persons 7 contemplated in paragraphs 6 or 7 thereof as authorized to receive disclosures of 8 RECORDS designed CONFIDENTIAL MATERIAL or RESTRICTED 9 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 10 understand and agrees to abide by the obligations and conditions of the Protective 11 Order. The undersigned further consents to be subject to the jurisdiction of the 12 United States District Court for the Eastern District of California for the purposes 13 of any proceedings relating to the performance under, compliance with, or violation 14 of the above-described Protective Order. 15 Date: ________________, 2017 16 17 18 19 20 21 22 23 24 25 26 27 28 - 10 25653351.1 Stipulation for Protective Order CASE NO. 2:16-CV-01367-MCE-CKD

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