Television Education, Inc. v. Contractors Intelligence School, Inc. et al

Filing 32

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 1/26/17. (Kastilahn, A)

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CURTIS R. TINGLEY (SBN 112322)
[e-mail]
STEPHEN D. COLLINS (SBN 277482)
[e-mail]
KEVIN W. ISAACSON (SBN 281067)
[e-mail]
TINGLEY LAW GROUP, PC
10 Almaden Boulevard, Suite 960
San Jose, California 95113
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
CONTRACTORS INTELLIGENCE SCHOOL, INC.
CONTRACTORS PUBLISHER, INC.;
LEONID VORONTSOV; OKSANA VORONTSOV

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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TELEVISION EDUCATION, INC.,

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Plaintiff,

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CASE NO. 16CV01433 WBS EFB
STIPULATED
PROTECTIVE ORDER

vs.
CONTRACTORS INTELLIGENCE SCHOOL,
INC.; CONTRACTORS PUBLISHER, INC.;
LEONID VORONTSOV; OKSANA
VORONTSOV; and DOES 1-25,
Defendants.

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JOINT STIPULATION FOR PROTECTIVE ORDER

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The parties to this matter, through their respective counsel of records, hereby stipulate to, and move

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the Court for entry of a protective order on the following terms:

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1.

The Stipulated Protective Order entered by the Court (the “Court’s Order”) shall be

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applicable to and govern all depositions, documents produced in response to requests for production

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of documents, answers to interrogatories, responses to requests for admissions, and all other

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discovery taken pursuant to the Federal Rules of Civil Procedure, as well as all documents produced

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by either party in response to informal discovery requests, testimony, matters in evidence, and
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STIPULATED PROTECTIVE ORDER
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computerized records (collectively, “RECORDS”) which the disclosing party designates as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY” pursuant to

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this Stipulation and the Court’s Order, directly or indirectly by or on behalf of any party in

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connection with this action.

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2.

Pursuant to Local Rule 141.1(c)(1), the types of information eligible for

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protection include a party’s trade secret, confidential, competitive, or proprietary information

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pertaining to the party’s business, which the party takes appropriate efforts to keep confidential, or

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information which the party is otherwise required to keep confidential by agreement or law,

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including the following: financial information; research, development, and technical information

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and specifications; and customer information.

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3.

Pursuant to Local Rule 141.1(c)(2), there is a need to protect this type of

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evidence. A party’s trade secret, confidential, competitive, or proprietary information could be

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abused if its use were not limited to this lawsuit. For example, third party competitors could exploit

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the following types of confidential information to their advantage were it made public: (1) a party’s

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financial information; (2) research, development, and technical information and specifications; and

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(3) customer information.

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4.

Pursuant to Local Rule 141.1(c)(3), the parties seek a Protective Order, as opposed to

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entering into a private agreement, because the proposed Order provides mechanisms for the

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resolution of disputes and the handling of designated evidence that involve the Court.

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5.

In

designating

RECORDS

as

“CONFIDENTIAL”

or

“HIGHLY

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CONFIDENTIAL ATTORNEY’S EYES ONLY,” a party shall make such a designation only for

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RECORDS which that party in good faith believes contain trade secret, confidential, competitive, or

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proprietary information pertaining to a party’s business, which the party takes appropriate efforts to

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keep confidential, or information which the party is otherwise required to keep confidential by

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agreement or law.

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designation, the parties intend this designation to be limited to RECORDS pertaining to information

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about customers of the parties including names, contact information, correspondence, agreements

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pertaining to those customers and revenues derived from them, internal notes, text, unpublished

For the “HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY”

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materials, and sources of information/feedback from school owners, students and others relating to

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manuals and practice and update tests.

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ATTORNEY’S EYES ONLY” must be protected from disclosure to the parties themselves in this

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litigation and subject to the restricted disclosure provided for below.

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HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY shall be used solely for the purpose of

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conducting this litigation and not for any other purpose.

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6.

RECORDS designated as CONFIDENTIAL may be disclosed only to the following

a.

the attorneys working on this action on behalf of any party, including in-house

b.

any paralegal assistants, stenographic and clerical employees working under

attorneys;

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CONFIDENTIAL and

persons:

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RECORDS designated “HIGHLY CONFIDENTIAL

the direct supervision of such counsel;

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c.

any parties to this action who are individuals, and the employees, directors or

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officers of parties to this action who are corporations or partnerships, to the extent necessary to

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further the interest of the parties in this litigation;

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d.

any person not employed by a party who is expressly retained or sought to be

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retained by any attorney described in paragraph 6(a) to assist in preparation of this action for trial,

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with disclosure only to the extent necessary to perform such work;

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e.

any witnesses who appear for deposition or trial in this matter, and their

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counsel of record, during the course of their testimony, upon the witness being advised of the need

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and agreeing to keep the RECORDS confidential; and

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f.

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7.

RECORDS designated as “HIGHLY CONFIDENTIAL ATTORNEY’S EYES

ONLY” 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 working under

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the direct supervision of such counsel, with disclosure only to the extent necessary to perform their

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work in connection with this matter;

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c.

any person not employed by a party who is expressly retained or sought to be

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retained by any attorney described in paragraph 7(a) to assist in preparation of this action for trial,

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with disclosure only to the extent necessary to perform such work;

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d.

any witnesses who appear for deposition or trial in this matter, and their

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counsel of record, during the course of their testimony, upon the witness being advised of the need

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and agreeing to keep the RECORDS confidential; and

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e.

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8.

the Court.

The persons described in paragraphs 6(d) and 7(c) shall have access to the

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CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY once they have

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been made aware of the provisions of the Court’s Order and have manifested their assent to be

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bound thereby by signing a copy of the annexed “ACKNOWLEDGMENT.” Upon request, a list

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shall be prepared by counsel for the parties hereto of the names of all such persons to whom

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CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY is disclosed, or to

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whom the information contained therein is disclosed, and such list shall be available for inspection

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by the Court and opposing counsel. The other persons described in paragraphs 6 and 7 shall have

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access to the CONFIDENTIAL and HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY

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pursuant to the terms of the Court’s Order without signing a copy of the annexed

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“ACKNOWLEDGEMENT.” Upon request, similar but separate lists shall also be prepared with

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respect to CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY provided

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by third parties.

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ATTORNEY’S EYES ONLY are enjoined from disclosing it to any other person, except in

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conformance with the Court’s Order. This Stipulation will not require the disclosure of experts other

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than by Local Rule, Federal Rule of Civil Procedure, and/or Court Order.

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9.

The persons receiving CONFIDENTIAL or HIGHLY CONFIDENTIAL

Each individual who receives any CONFIDENTIAL or HIGHLY CONFIDENTIAL

ATTORNEY’S EYES ONLY hereby agrees to subject himself/herself to the jurisdiction of this
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Court for the purpose of any proceedings relating to the performance under, compliance with or

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violation of the Court’s Order.

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10.

The

recipient

of

any

CONFIDENTIAL

or

HIGHLY

CONFIDENTIAL

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ATTORNEY’S EYES ONLY 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 and proper care

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with respect to the storage, custody, use and/or dissemination of such RECORDS as is exercised by

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the recipient with respect to its own proprietary information.

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11.

Parties

shall

designate

CONFIDENTIAL

or

HIGHLY

CONFIDENTIAL

ATTORNEY’S EYES ONLY as follows:

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a.

In the case of RECORDS produced pursuant to Rules 26 and 34 of the Federal

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Rules of Civil Procedure, interrogatory answers, responses to requests for admissions, and the

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information contained therein, designation shall be made by placing the following legend on any

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such RECORD prior to production: “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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ATTORNEY’S EYES ONLY.” In the event that a party was unable to stamp or otherwise designate

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a RECORD as CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY at

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the time of its production, that party may, within twenty-one (21) days of becoming able to designate

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such RECORD, so stamp or otherwise designate the RECORD.

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inadvertently fails to stamp or otherwise designate a RECORD as CONFIDENTIAL or HIGHLY

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CONFIDENTIAL ATTORNEY’S EYES ONLY at the time of its production, that party may, after

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discovery of such error, so stamp or otherwise designate the RECORD.

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b.
exhibits)

In the event that a party

In the case of depositions, designation of the portion of the transcript

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(including

which

contains

CONFIDENTIAL

or

HIGHLY

CONFIDENTIAL

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ATTORNEY’S EYES ONLY shall be made by a statement to such effect on the record in the course

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of the deposition or, upon review of such transcript by counsel for the party to whose

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CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY the deponent has

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had access, said counsel shall designate within twenty-one (21) days after counsel’s receipt of the

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transcript.

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c.

Transcripts of depositions will not be filed with the Court unless it is

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necessary to do so for purposes of trial, motions for summary judgment, or other matters, and when

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filed, the parties shall comply with paragraph 14 below.

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12.

A party shall not be obligated to challenge the propriety of a CONFIDENTIAL or

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HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY designation at the time made, and failure

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to do so shall not preclude a subsequent challenge thereto. In the event that any party to this

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litigation disagrees at any stage of these proceedings with such designation, such party shall provide

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to the producing party written notice of its disagreement with the designation. The parties shall first

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try to dispose 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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13.

In the event that any CONFIDENTIAL or HIGHLY

CONFIDENTIAL

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ATTORNEY’S EYES ONLY is to be used in any court proceedings in connection with this

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litigation, the parties shall request an Order from the Court seeking to seal the documents pursuant to

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Local Rule 141. If any CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEY’S EYES

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ONLY is used in any court proceedings in connection with this litigation it shall not lose its

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CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY status through such

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use, and the parties shall take all steps reasonably required to protect its confidentiality during such

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use.

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14.

Nothing in the Court’s Order shall preclude any party to the lawsuit, their attorneys or

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any other person from disclosing or using, in any manner or for any purpose, any RECORDS not

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obtained in this lawsuit, if such RECORDS are lawfully obtained from a third party, even though the

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same RECORDS may have been produced in discovery in this lawsuit and designated as

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CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY.

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15.

Nothing in the Court’s Order shall preclude any party to the lawsuit or their attorneys

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(a) from showing RECORDS designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL

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ATTORNEY’S EYES ONLY to an individual who either prepared or reviewed the RECORDS prior

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to the filing of this action, or (b) from disclosing or using, in any manner or for any purpose,

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RECORDS from the party’s own files which the party itself has designated as CONFIDENTIAL or

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HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY.

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16.

Within sixty (60) days of the termination of litigation between the parties, all

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CONFIDENTIAL and HIGHLY CONFIDENTIAL ATTORNEY’S EYES ONLY, and all copies

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thereof, except such copies which have been filed with the Court, utilized in accordance with the

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Court’s Order, or which are and will continue to be maintained in a secure place pursuant to the

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continuing obligations of the Court’s Order, shall be returned to the party which produced it or shall

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be destroyed.

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17.

Except as specifically provided herein, the terms, conditions and limitations of the

Court’s Order shall survive the termination of this action at the option of the designating party.

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18.

The Court’s Order is without prejudice to the right of any party to seek relief from the

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Court, upon good cause shown, from any of the provisions contained in paragraphs 1 through 17,

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inclusive hereof.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD

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Dated: January 25, 2017

BOUTIN JONES INC.

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By:

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Dated: January 25, 2017

/s/ Bashar Ahmad
MICHAEL E. CHASE
BASHAR AHMAD
Attorneys for Plaintiff

TINGLEY LAW GROUP, PC

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By: /s/ Stephen D. Collins
STEPHEN D. COLLINS
Attorneys for Defendants

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: January 26, 2017.

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846444.2

STIPULATED PROTECTIVE ORDER
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ACKNOWLEDGMENT

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I hereby acknowledge that I have carefully read the Stipulated Protective Order in the above-captioned

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case, and that I fully understand the terms of the court’s order, a copy of which is attached. I recognize

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that I am bound by the terms of that Order, and I agree to comply with those terms. I agree not to

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disclose information designated thereunder as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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ATTORNEY’S EYES ONLY” to any person not entitled to access to such information. I further

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agree to use information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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ATTORNEY’S EYES ONLY” only in connection with this litigation, and not for any other purpose,

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including business, competitive or governmental purpose or function. I agree that at the conclusion of

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the action I will return all discovery information to the Party or attorney from whom I received it. I

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hereby consent to the jurisdiction of the United States District Court for the Eastern District of

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California, in respect to any proceeding relative to the enforcement of that order, including without

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limitation, any proceeding related to contempt of court.

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EXECUTED this______day of____________________, 2017, at____________________.

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Signature:

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Printed Name: ________________________________________

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Affiliation:

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Business Address: _______________________

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_______________________

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________________________________________

________________________________________

Home Address: __________________________

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_________________________

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STIPULATED PROTECTIVE ORDER
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