Lakes v. Bath & Body Works, LLC

Filing 143

ORDER signed by District Judge Morrison C. England, Jr. on 4/15/2019 IT IS SO ORDERED 142 Stipulated Order modifying 38 agreed protective order is APPROVED modified for the limited purposed stated in this order. (Reader, L)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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CRYSTAL LAKES, an individual,

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Plaintiff,

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Case No.: 2:16-cv-02989-MCE-AC
STIPULATION AND ORDER
MODIFYING AGREED
PROTECTIVE ORDER [DKT. 38]

vs.
BATH & BODY WORKS, LLC, a
Delaware limited liability company,
Defendants.

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IT IS HEREBY AGREED AND ORDERED:
The parties to this action, Plaintiff Crystal Lakes (“Plaintiff”) and Defendant
Bath & Body Works, LLC (“Defendant”) (together as “the Parties”), entered into a
confidentiality agreement, which the Court entered on the record on January 19,
2018 at Docket No. 38 (“the Order”).

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The Order provides that information and materials designated as confidential
may be shared with third parties by consent or upon order of the Court:

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STIPULATION AND ORDER MODIFYING AGREED PROTECTIVE ORDER

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(9) Others by Consent. Other persons only by written consent
of the producing party or upon order of the Court and on such
conditions as may be agreed or ordered.
Dkt. 38 at 5, ¶ 5(b)(9).
Currently pending in the U.S. District Court for the Central District of

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California is a matter brought by Plaintiffs Denise Allen and Kenneth Allen against

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Defendant, captioned as Allen v. Bath & Body Works, LLC, 2:18-cv-8368-AB-

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RAO (“the Allen Matter”).
Counsel for the plaintiffs in the Allen Matter requested that the Order be
modified such that the Parties will not be prohibited from producing documents in

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the Allen Matter that may be covered by the Order.
For efficiency and economy of the parties and the court, pursuant to Section
5(b)(9), the Parties hereby consent to allow the Parties to share certain information

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that is designated as Confidential Information with the plaintiffs and counsel in the

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Allen Matter. Should plaintiffs and counsel in the Allen Matter request production

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of material covered by the Order from the Parties or their counsel, then the party

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from whom information is requested shall provide the other party with an advance

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copy of materials intended to be produced, or a listing of those documents by their

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Bates numbers, with sufficient time to allow the other party to object or to provide

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the notice to non-parties outlined in this document.

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STIPULATION AND ORDER MODIFYING AGREED PROTECTIVE ORDER

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The modification of the Order is conditioned on the filing of a protective
order in the collateral action (the Allen Matter), and does not limit the collateral

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Court’s ability to decide whether the litigants in that action should ultimately

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obtain specific discovery materials that may be requested in the Allen Matter.

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It is further agreed that the Order is modified to permit counsel in the current
matter to communicate with counsel in the Allen Matter, before disclosure of
materials designated as Confidential Information or otherwise subject to the Order,

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for the limited purpose of identifying documents that are designated as

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Confidential Information or that are otherwise subject to the Order.

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It is further agreed that the Order is modified to permit counsel in the current

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matter to communicate with counsel in the Allen Matter concerning the contents of

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materials and documents designated as Confidential Information or otherwise

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subject to the Order that are ultimately produced in the Allen Matter, but only after

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entry of a protective order in the Allen Matter.

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Whereas, it is further stipulated and agreed by and between all parties
seeking to modify the Order that because certain information was obtained in the
current matter through third-party discovery, and that said information was

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produced by certain non-parties with the expressed or implied expectation of

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confidentiality under the Order, fair notice must be provided to said non-party prior

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to any discussion regarding or the production of said information. Accordingly, the
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STIPULATION AND ORDER MODIFYING AGREED PROTECTIVE ORDER

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party in the current action that is requested to produce such information or discuss
such information in the Allen Matter shall first provide that non-party with two

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weeks’ written notice prior to any discussion or exchange of said materials. Such

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notice shall be simultaneously served on all counsel in the current matter and in the

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Allen Matter. The purpose of this notice is to allow any party or any non-party to

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object or to seek judicial intervention in an appropriate court prior to the disclosure

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of any confidential information as contemplated by the Order.
All other aspects of the Order shall remain unchanged and binding on all
parties and counsel in the current matter.

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IT IS on this 5th day of April 2019, agreed that the Order [Dkt. 38] is
modified for the limited purpose stated above.

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Tabet Divito & Rothstein LLC

Goldberg Segalla LLP

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/s/ Daniel L. Stanner
By: Daniel L. Stanner (pro hac vice)
[e-mail]
209 S. LaSalle Street
7th Floor
Chicago, IL 60604
Tel: [phone]
Fax: [phone]
Attorneys for Crystal Lakes

_/s/ David S. Osterman
By: David S. Osterman (pro hac vice)
[e-mail]
301 Carnegie Center Dr.
Suite 200
Princeton, NJ 08540
Tel: [phone]
Fax: [phone]
Attorneys for Bath & Body
Works, LLC

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STIPULATION AND ORDER MODIFYING AGREED PROTECTIVE ORDER

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Law Offices of Barry Novack

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By: /s/ Barry Novack
Barry Novack
8383 Wilshire Blvd., Suite 830
Beverly Hills, CA 90211
Tel: [phone]
Fax: [phone]

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Attorneys for Denise &
Kenneth Allen

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Gordon Rees Scully Mansukhani
By: /s/ Casey C. Shaw
Ian G. Williamson
Casey C. Shaw
101 W. Broadway
Suite 2000
San Diego, CA 92101
Tel: [phone]
Attorneys for Defendants,
GLOBALTECH INDUSTRIES,
INC., L BRANDS, INC.; and
BATH & BODY WORKS, LLC

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IT IS SO ORDERED.
Dated: April 15, 2019

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STIPULATION AND ORDER MODIFYING AGREED PROTECTIVE ORDER