distinguishing "good cause" showing for 4 sealing documents produced in discovery from "compelling reasons" standard 5 when merits-related documents are part of court record
How later courts described this case
- distinguishing "good cause" showing for 4 sealing documents produced in discovery from "compelling reasons" standard 5 when merits-related documents are part of court record
- even stipulated protective orders require 23 good cause showing
Written by the judges who cited it.
The opinion
1 BRANDON M. TESSER (SBN 168476)
brandon@tessergrossman.com
2 BETHANY R. BURRILL (SBN 294088)
bethany@tessergrossman.com
3 TESSER | GROSSMAN LLP
11990 San Vicente Blvd., Suite 300
4 Los Angeles, CA 90049
Tel: (310) 207-4558
5 Fax: (424) 256-2689
6 Attorneys for Plaintiffs
MARK MELDRUM PhD and 2533695 ONTARIO LTD.
7
8 KEVIN A. DAY(SBN 222560)
JACOB M. CLARK (SBN 266630)
9 ALVARADOSMITH
1 MacArthur Place, Suite 200
10 Santa Ana, CA 92707
Tel: (714) 852-6800
11 Fax: (714) 852-6899
12 Attorneys for Defendant
BILL CAMPBELL III
13
14
UNITED STATES DISTRICT COURT
15
CENTRAL DISTRICT OF CALIFORNIA
16
17
MARK MELDRUM PhD; 2533695 ) Case No. 8:19-CV-01541-JVS-KES
18 ONTARIO LTD. Canada business )
corporation, d/b/a markmeldrum.com ) [U.S.D.J. James V. Selna, Dept 10C]
19 )
)
20 Plaintiffs, )
) CONFIDENTIALITY
21 vs. ) STIPULATION
) AND PROPOSED STIPULATED
22 ) PROTECTIVE ORDER
BILL CAMPBELL III )
23 ) Protective Order Lodged Herewith
Defendant. )
24 )
)
25 )
)
26
27 ///
28 ///
1 1. GENERAL PROVISIONS
2 A. PURPOSES AND LIMITATIONS
3 Discovery in this action is likely to involve production of confidential,
4 proprietary or private information for which special protection from public disclosure
5 and from use for any purpose other than prosecuting this litigation may be warranted.
6 Accordingly, the parties hereby stipulate to and petition the Court to enter the
7 following Stipulated Protective Order. The parties acknowledge that this Order does
8 not confer blanket protections on all disclosures or responses to discovery and that the
9 protection it affords from public disclosure and use extends only to the limited
10 information or items that are entitled to confidential treatment under the applicable
11 legal principles.
12 B. GOOD CAUSE STATEMENT
13 This action is likely to involve trade secrets, and other valuable research,
14 development, financial, technical and/or proprietary information for which special
15 protection from public disclosure and from use for any purpose other than prosecution
16 of this action is warranted. Such confidential and proprietary materials and
17 information consist of, among other things, work product and business proprietary
18 information and material not available to the public, confidential business information
19 subject to trade secret protection, confidential business or financial information,
20 information regarding confidential business practices, or other confidential
21 research, development, or commercial information, information otherwise
22 generally unavailable to the public, or which may be privileged or otherwise
23 protected from disclosure under state or federal statutes, court rules, case decisions,
24 or common law. Accordingly, to expedite the flow of information, to facilitate the
25 prompt resolution of disputes over confidentiality of discovery materials, to
26 adequately protect information the parties are entitled to keep confidential, to ensure
27 that the parties are permitted reasonable necessary uses of such material in preparation
28 for and in the conduct of trial, to address their handling at the end of the litigation, and
1 serve the ends of justice, a protective order for such information is justified in this
2 matter. It is the intent of the parties that information will not be designated as
3 confidential for tactical reasons and that nothing be so designated without a good faith
4 belief that it has been maintained in a confidential, non-public manner, and there is
5 good cause why it should not be part of the public record of this case.
6 Heightened confidentiality provisions for certain sensitive competitive
7 information is further justified here because the parties are direct competitors with
8 each other in the same market, and any competitive information of one party disclosed
9 to the other party would provide an unfair competitive advantage.
10 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
11 SEAL
12 The parties further acknowledge, as set forth in Section 12.3, below, that this
13 Stipulated Protective Order does not entitle them to file confidential information under
14 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
15 standards that will be applied when a party seeks permission from the court to file
16 material under seal.
17 There is a strong presumption that the public has a right of access to judicial
18 proceedings and records in civil cases. In connection with non-dispositive motions,
19 good cause must be shown to support a filing under seal. Kamakana v. City and
20 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
21 Corp., 307 F.3d 1206, 1210-1211 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,
22 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require
23 good cause showing), and a specific showing of good cause or compelling reasons
24 with proper evidentiary support and legal justification, must be made with respect to
25 Protected Material that a party seeks to file under seal. The parties' mere designation
26 of Disclosure or Discovery Material as Protected Material does not-without the
27 submission of competent evidence by declaration, establishing that the material
28 ///
1 sought to be filed under seal qualifies as confidential, privileged, or otherwise
2 protectable-constitute good cause.
3 Further, if a party requests sealing related to a dispositive motion or trial,
4 then compelling reasons, not only good cause, for the sealing must be shown, and the
5 relief sought shall be narrowly tailored to serve the specific interest to be protected.
6 Pintos v. Pacific Creditors Ass'n., 605 F.3d 665, 677-679 (9th Cir. 2010). For each
7 item or type of information, document, or thing sought to be filedor introduced under
8 seal in connection with a dispositive motion or trial, the party seeking protection must
9 articulate compelling reasons, supported by specific facts and legal justification, for
10 the requested sealing order. Again, competent evidence supporting the application to
11 file documents under seal must be provided by declaration.
12 Any document that is not confidential, privileged, or otherwise protectable
13 in its entirety will not be filed under seal if the confidential portions can be redacted.
14 If documents can be redacted, then a redacted version for public viewing, omitting
15 only the confidential, privileged, or otherwise protectable portions of the document,
16 shall be filed. Any application that seeks to file documents under seal in their entirety
17 should include an explanation of why redaction is not feasible.
18 2. DEFINITIONS
19 2.1 Action:Mark Meldrum, et al.v. Bill Campbell III, U.S. District Court for
20 the Central District of California Case No. 8:19-cv-01541-JVS-KES.
21 2.2 Challenging Party: a Party or Non-Party that challenges the designation
22 of information or items under this Order.
23 2.3 "CONFIDENTIAL" Information or Items: information (regardless of
24 how it is generated, stored or maintained) or tangible things that qualify for protection
25 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
26 Cause Statement.
27 2.4 Confidentiality Legend: a clear, legible, and unequivocal indication
28 written or otherwise placed on any Disclosure or Discovery Material designated as
1 Confidential Material and reading "CONFIDENTIAL" or "HIGHLY
2 CONFIDENTIAL-ATTORNEYS' EYES ONLY" as appropriate for the applicable
3 confidentiality designation.
4 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as
5 their support staff).
6 2.6 Designating Party: a Party or Non-Party that designates information or
7 items that it produces in disclosures or in responses to discovery as
8 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES
9 ONLY."
10 2.7 Disclosure or Discovery Material: all items or information, regardless
11 of the medium or manner in which it is generated, stored, or maintained (including,
12 among other things, testimony, transcripts, and tangible things), that are produced
13 or generated in disclosures or responses to discovery in this matter.
14 2.8 Expert: a person with specialized knowledge or experience in a matter
15 pertinent to the litigation who has been retained by a Party or its counsel to serve as
16 an expert witness or as a consultant in this Action.
17 2.9 "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" Information
18 or Items: information (regardless of how it is generated, stored or maintained) or
19 tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c),
20 and require heightened protection for sensitive competitive information as specified
21 above in the Good Cause Statement.
22 2.10 House Counsel: attorneys who are employees of a party to this Action.
23 House Counsel does not include Outside Counsel of Record or any other outside
24 counsel.
25 2.11 Non-Party: any natural person, partnership, corporation, association or
26 other legal entity not named as a Party to this action.
27 2.12 Outside Counsel of Record: attorneys who are not employees of a party
28 to this Action but are retained to represent or advise a party to this Action and have
1 appeared in this Action on behalf of that party or are affiliated with a law firm that
2 has appeared on behalf of that party, and includes support staff.
3 2.13 Party: any party to this Action, including all of its officers, directors,
4 employees, consultants, retained experts, and Outside Counsel of Record (and their
5 support staffs).
6 2.14 Producing Party: a Party or Non-Party that produces Disclosure or
7 Discovery Material in this Action.
8 2.15 Professional Vendors: persons or entities that provide litigation support
9 services (e.g., photocopying, videotaping, translating, preparing exhibits or
10 demonstrations, and organizing, storing, or retrieving data in any form or medium)
11 and their employees and subcontractors.
12 2.16 Protected Material: any Disclosure or Discovery Material that is
13 designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL-
14 ATTORNEYS' EYES ONLY."
15 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material
16 from a Producing Party.
17 3. SCOPE
18 The protections conferred by this Stipulation and Order cover not only
19 Protected Material (as defined above), but also (1) any information copied or extracted
20 from Protected Material; (2) all copies, excerpts, summaries, or compilations of
21 Protected Material; and (3) any testimony, conversations, or presentations by Parties
22 or their Counsel that might reveal Protected Material. Any use of Protected Material
23 at trial shall be governed by the orders of the trial judge. This Order does not govern
24 the use of Protected Material at trial.
25 4. DURATION
26 Once a case proceeds to trial, information that was designated as Protected
27 Material or maintained pursuant to this protective order used or introduced as an
28 exhibit at trial becomes public and will be presumptively available to all members of
1 the public, including the press, unless compelling reasons supported by specific
2 factual findings to proceed otherwise are made to the trial judge in advance of the
3 trial. Kamakana, 447 F.3d at 1180-1181 (distinguishing "good cause" showing for
4 sealing documents produced in discovery from "compelling reasons" standard
5 when merits-related documents are part of court record). Accordingly, the terms of
6 this protective order do not extend beyond the commencement of the trial.
7 5. DESIGNATING PROTECTED MATERIAL
8 5.1 Exercise of Restraint and Care in Designating Material for Protection.
9 Each Party or Non-Party that designates information or items for protection
10 under this Order must take care to limit any such designation to specific material that
11 qualifies under the appropriate standards. The Designating Party must designate for
12 protection only those parts of material, documents, items or oral or written
13 communications that qualify so that other portions of the material, documents, items
14 or communications for which protection is not warranted are not swept unjustifiably
15 within the ambit of this Order.
16 Mass, indiscriminate or routinized designations are prohibited. Designations
17 that are shown to be clearly unjustified or that have been made for an improper
18 purpose (e.g., to unnecessarily encumber the case development process or to impose
19 unnecessary expenses and burdens on other parties) may expose the Designating Party
20 to sanctions.
21 If it comes to a Designating Party's attention that information or items that it
22 designated for protection do not qualify for protection, that Designating Party must
23 promptly notify all other Parties that it is withdrawing the inapplicable designation.
24 5.2 Manner and Timing of Designations. Except as otherwise provided in
25 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
26 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
27 under this Order must be clearly so designated with a Confidentiality Legend before
28 the material is disclosed or produced.
1 Designation in conformity with this Order requires:
2 (a) for information in documentary form (e.g., paper or electronic
3 documents, but excluding transcripts of depositions or other pretrial or
4 trial proceedings), that the Producing Party affix at a minimum,
5 applicable Confidentiality Legend to each page that contains protected
6 material. If only a portion of the material on a page qualifies for
7 protection, the Producing Party also must clearly identify the protected
8 portion(s) (e.g., by making appropriate markings in the margins).
9 A Party or Non-Party that makes original documents available for
10 inspection need not designate them for protection until after the
11 inspecting Party has indicated which documents it would like copied and
12 produced. During the inspection and before the designation, all of the
13 material made available for inspection shall be deemed designated
14 "CONFIDENTIAL." After the inspecting Party has identified the
15 documents it wants copied and produced, the Producing Party must
16 determine which documents, or portions thereof, qualify for protection
17 under this Order. Then, before producing the specified documents, the
18 Producing Party must affix the applicable Confidentiality Legend to each
19 page that contains Protected Material. If only a portion of the material
20 on a page qualifies for protection, the Producing Party also must clearly
21 identify the protected portion(s) (e.g., by making appropriate markings
22 in the margins).
23 (b) for testimony given in depositions that the Designating Party identify
24 the Disclosure or Discovery Material and designate the same as
25 Confidential Material on the record, before the close of the deposition.
26 (c) for information produced in some form other than documentary and
27 for any other tangible items, that the Producing Party affix in a
28 prominent place on the exterior of the container or containers in which
1 the information is stored the applicable Confidentiality Legend. If only
2 a portion or portions of the information warrants protection, the
3 Producing Party, to the extent practicable, shall identify the protected
4 portion(s).
5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
6 failure to designate qualified information or items does not, standing alone, waive the
7 Designating Party's right to secure protection under this Order for such material. Upon
8 timely correction of a designation, the Receiving Party must make reasonable efforts
9 to assure that the material is treated in accordance with the provisions of this Order.
10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
12 designation of confidentiality at any time that is consistent with the Court's Scheduling
13 Order.
14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
15 resolution process under Local Rule 37-1 et seq.
16 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
17 joint stipulation pursuant to Local Rule 37-2.
18 6.4 The burden of persuasion in any such challenge proceeding shall be on
19 the Designating Party. Frivolous challenges, and those made for an improper
20 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)
21 may expose the Challenging Party to sanctions. Unless the Designating Party has
22 waived or withdrawn the confidentiality designation, all parties shall continue to
23 afford the material in question the level of protection to which it is entitled under the
24 Producing Party's designation until the Court rules on the challenge.
25 7. ACCESS TO AND USE OF PROTECTED MATERIAL
26 7.1 Basic Principles. A Receiving Party may use Protected Material that is
27 disclosed or produced by another Party or by a Non-Party in connection with this
28 Action only for prosecuting, defending or attempting to settle this Action. Such
1 Protected Material may be disclosed only to the categories of persons and under the
2 conditions described in this Order. When the Action has been terminated, a
3 Receiving Party must comply with the provisions of section 13 below (FINAL
4 DISPOSITION).
5 Protected Material must be stored and maintained by a Receiving Party at a
6 location and in a secure manner that ensures that access is limited to the persons
7 authorized under this Order.
8 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless
9 otherwise ordered by the court or permitted in writing by the Designating Party, a
10 Receiving Party may disclose any information or item designated
11 "CONFIDENTIAL" only to:
12 (a) the Receiving Party's Outside Counsel of Record in this Action, as well
13 as employees of said Outside Counsel of Record to whom it is
14 reasonably necessary to disclose the information for this Action;
15 (b) the officers, directors, and employees (including House Counsel) of
16 the Receiving Party to whom disclosure is reasonably necessary for
17 this Action;
18 (c) Experts (as defined in this Order) of the Receiving Party to whom
19 disclosure is reasonably necessary for this Action and who have signed
20 the "Acknowledgment and Agreement to Be Bound" (Exhibit A);
21 (d) the court and its personnel;
22 (e) court reporters and their staff;
23 (f) professional jury or trial consultants, mock jurors, and Professional
24 Vendors to whom disclosure is reasonably necessary for this Action and
25 who have signed the "Acknowledgment and Agreement to Be Bound"
26 (Exhibit A);
27 (g) the author or recipient of a document containing the information or a
28 custodian or other person who otherwise possessed or knew the
1 information;
2 (h) during their depositions, witnesses, and attorneys for witnesses, in the
3 Action to whom disclosure is reasonably necessary provided: (1) the
4 deposing party requests that the witness sign the form attached as Exhibit
5 A hereto; and (2) they will not be permitted to keep any Protected
6 Material, unless otherwise agreed by the Designating Party or ordered by
7 the court. Pages of transcribed deposition testimony or exhibits to
8 depositions that reveal Protected Material may be separately bound by
9 the court reporter and may not be disclosed to anyone except as
10 permitted under this Stipulated Protective Order; and
11 (i) any mediator or settlement officer, and their supporting personnel,
12 mutually agreed upon by any of the parties engaged in settlement
13 discussions.
14 7.3 Disclosure of "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES
15 ONLY" Information or Items. Unless otherwise ordered by the court or permitted in
16 writing by the Designating Party, a Receiving Party may disclose any information or
17 item designated "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" only to:
18 (a) the Receiving Party's Outside Counsel of Record in this Action, as
19 well as employees of said Outside Counsel of Record to whom it is
20 reasonably necessary to disclose the information for this Action;
21 (b) Experts (as defined in this Order) of the Receiving Party to whom
22 disclosure is reasonably necessary for this Action and who have signed
23 the "Acknowledgment and Agreement to Be Bound" (Exhibit A);
24 (c) the court and its personnel;
25 (d) court reporters and their staff;
26 (e) professional jury or trial consultants, mock jurors, and Professional
27 Vendors to whom disclosure is reasonably necessary for this Action
28 and who have signed the "Acknowledgment and Agreement to Be
1 Bound" (Exhibit A);
2 (f) the author or recipient of a document containing the information or a
3 custodian or other person who otherwise possessed or knew the
4 information;
5 (g) during their depositions, witnesses, and attorneys for witnesses, in the
6 Action to whom disclosure is reasonably necessary provided: (1) the
7 deposing party requests that the witness sign the form attached as Exhibit
8 A hereto; and (2) they will not be permitted to keep any Protected
9 Material, unless otherwise agreed by the Designating Party or ordered by
10 the court. Pages of transcribed deposition testimony or exhibits to
11 depositions that reveal Protected Material may be separately bound
12 by the court reporter and may not be disclosed to anyone except as
13 permitted under this Stipulated Protective Order; and
14 (h) any mediator or settlement officer, and their supporting personnel,
15 mutually agreed upon by any of the parties engaged in settlement
16 discussions.
17 8. PROTECTED MATERIAL SUBPOENAED OR ORDEREDPRODUCED
18 IN OTHER LITIGATION
19 If a Party is served with a subpoena or a court order issued in other litigation
20 that compels disclosure of any Protected Material, that Party must:
21 (a) promptly notify in writing the Designating Party. Such notification
22 shall include a copy of the subpoena or court order;
23 (b) promptly notify in writing the party who caused the subpoena or order
24 to issue in the other litigation that some or all of the material covered
25 by the subpoena or order is subject to this Protective Order. Such
26 notification shall include a copy of this Protective Order; and
27 (c) cooperate with respect to all reasonable procedures sought to be
28 pursued by the Designating Party whose Protected Material may be
1 affected. If the Designating Party timely seeks a protective order, the
2 Party served with the subpoena or court order shall not produce any
3 Protected Material before a determination by the court from which the
4 subpoena or order issued, unless the Party has obtained the
5 Designating Party's permission. The Designating Party shall bear the
6 burden and expense of seeking protection in that court of its confidential
7 material and nothing in these provisions should be construed as
8 authorizing or encouraging a Receiving Party in this Action to disobey
9 a lawful directive from another court.
10 9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE
11 PRODUCED IN THIS LITIGATION
12 9.1 The terms of this Order are applicable to information produced by a
13 Non-Party in this Action and designated with a Confidentiality Legend or similar
14 indication of confidentiality. Such information produced by Non-Parties in
15 connection with this litigation is protected by the remedies and relief provided by this
16 Order. Nothing in these provisions should be construed as prohibiting a Non- Party
17 from seeking additional protections.
18 9.2 In the event that a Party is required, by a valid discovery request, to
19 produce a Non-Party's confidential information in its possession, and the Party is
20 subject to an agreement with the Non-Party not to produce the Non-Party's
21 confidential information, then the Party shall:
22 (a) promptly notify in writing the Requesting Party and the Non-Party that
23 some or all of the information requested is subject to a confidentiality
24 agreement with a Non-Party;
25 (b) promptly provide the Non-Party with a copy of the Stipulated Protective
26 Order in this Action, the relevant discovery request(s), and a reasonably
27 specific description of the information requested; and
28 (c) make the information requested available for inspection by the Non-
1 Party, if requested.
2 9.3 If the Non-Party fails to seek a protective order from this court within 14
3 days of receiving the notice and accompanying information, the Receiving Party
4 may produce the Non-Party's confidential information responsive to the discovery
5 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not
6 produce any information in its possession or control that is subject to the
7 confidentiality agreement with the Non-Party before a determination by the court.
8 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
9 of seeking protection in this court of its Protected Material.
10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
12 Protected Material to any person or in any circumstance not authorized under this
13 Stipulated Protective Order, the Receiving Party must immediately:
14 1) notify in writing the Designating Party of the unauthorized disclosures;
15 2) use its best efforts to retrieve all unauthorized copies of the Protected
16 Material;
17 3) inform the person or persons to whom unauthorized disclosures were
18 made of all the terms of this Order; and
19 4) request such person or persons to execute the "Acknowledgment and
20 Agreement to Be Bound" that is attached hereto as Exhibit A.
21 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
22 PROTECTED MATERIAL
23 When a Producing Party gives notice to Receiving Parties that certain
24 inadvertently produced material is subject to a claim of privilege or other protection,
25 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
26 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
27 may be established in an e-discovery order that provides for production without prior
28 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
1 parties reach an agreement on the effect of disclosure of a communication or
2 information covered by the attorney-client privilege or work product protection, the
3 parties may incorporate their agreement in the stipulated protective order submitted
4 to the court.
5 12. MISCELLANEOUS
6 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
7 person to seek its modification by the Court in the future.
8 12.2 Right to Assert Other Objections. By stipulating to the entry of this
9 Protective Order, no Party waives any right it otherwise would have to object to
10 disclosing or producing any information or item on any ground not addressed in this
11 Protective Order. Similarly, no Party waives any right to object on any ground to use
12 in evidence of any of the material covered by this Protective Order.
13 12.3 Filing Protected Material. A Party that seeks to file under seal any
14 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
15 only be filed under seal pursuant to a court order authorizing the sealing of the
16 specific Protected Material at issue. If a Party's request to file Protected Material under
17 seal is denied by the court, then the Receiving Party may file the information in the
18 public record unless otherwise instructed by the court.
19 13. FINAL DISPOSITION
20 After the final disposition of this Action, as defined in paragraph 4, within 60
21 days of a written request by the Designating Party, each Receiving Party must return
22 all Protected Material to the Producing Party or destroy such material. As used in this
23 subdivision, "all Protected Material" includes all copies, abstracts, compilations,
24 summaries, and any other format reproducing or capturing any of the Protected
25 Material. Whether the Protected Material is returned or destroyed, the Receiving Party
26 must submit a written certification to the Producing Party (and, if not the same person
27 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
28 category, where appropriate) all the Protected Material that was returned or destroyed
1 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
2 compilations, summaries or any other format reproducing or capturing any of the
3 Protected Material. Notwithstanding this provision, Outside Counsel are entitled to
4 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
5 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
6 reports, attorney work product, and consultant and expert work product, even if such
7 materials contain Protected Material. Any such archival copies that contain or
8 constitute Protected Material remain subject to this Protective Order as set forth in
9 Section 4 (DURATION).
10 14. VIOLATION
11 Any violation of this Order may be punished by appropriate measures
12 including, without limitation, contempt proceedings and/or monetary sanctions.
13
14 [SIGNATURES ON FOLLOWING PAGE]
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1 I attest that all other signatories listed, and whose behalf this stipulation is
2 || submitted, concur with the stipulations content and have authorized the filing of this
3 || stipulation.
5
DATED: November 14, 2019 TESSER | GROSSMAN LLP
6 BETHANY R. BURRILL
/s/ Bethany R. Burrill
8 BETHANY R. BURRILL
9 Attorneys for Plaintiffs,
MARK MELDRUM PhD and ONTARIO
10
LTD.
11
| DATED: November 14, 2019 ALVARADOSMITH
13 KEVIN A. DAY
14
/s/ Kevin A. Da
15 KEVIN A. DAY
16 Attorney for Defendant,
BILL CAMPBELL III
17
18
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
19
20 || DATED: _November 15, 2019 _ inl Sot
Hon. Karen E. Scott
71 United States Magistrate Judge
22
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28
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of
4
__________________________________ [print or type full address], declare under
5
penalty of perjury that I have read in its entirety and understand the Stipulated
6
Protective Order that was issued by the United States District Court for the Central
7
District of California on _______________________ [date] in the case of Mark
8
Meldrum, et al.v. Bill Campbell III, U.S. District Court for the Central District of
9
California Case No. 8:19-cv-01541-JVS-KES.
10
I agree to comply with and to be bound by all the terms of this Stipulated
11
Protective Order and I understand and acknowledge that failure to so comply could
12
expose me to sanctions and punishment in the nature of contempt. I solemnly promise
13
that I will not disclose in any manner any information or item that is subject to this
14
Stipulated Protective Order to any person or entity except in strict compliance with
15
the provisions of this Order.
16
I further agree to submit to the jurisdiction of the United States District Court
17
for the Central District of California for enforcing the terms of this Stipulated
18
Protective Order, even if such enforcement proceedings occur after termination of
19
this action.
20
I hereby appoint __________________________ [print or type full name] of
21
_______________________________________ [print or type full address and
22
telephone number] as my California agent for service of process in connection with
23
this action or any proceedings related to enforcement of this Stipulated Protective
24
Order.
25
Date: ______________________________________
26
City and State where sworn and signed: _____________________________
27
Printed name: _______________________________
28