even stipulated protective orders 16 | require good cause showing
How later courts described this case
- even stipulated protective orders 16 | require good cause showing
Written by the judges who cited it.
The opinion
1 | Michael D. Adams (State Bar No. 185835)
madams @rutan.com
Meredith L. Williams (State Bar No. 292888)
mwilliams @rutan.com
3 | Sarah Gilmartin (State Bar No. 324665)
seilmartin @rutan com
4|RUTAN & TUCKER, LLP
611 Anton Boulevard, Suite 1400
5 | Costa Mesa, California 92626-1931
Telephone: 714-641-5100
6|Facsimile: 714-546-9035
7 | Attorneys for Plaintiff
1661 INC. D/B/A GOAT
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
11
12 | 1661 INC. D/B/A/ GOAT, Case No. 2:20-cv-01144-CJC-RAO
13 Plaintiff, Assigned to: Judge Cormac J. Camey
Referred to: Magistrate Judge Rozelle A
14 Vs. Oliver
15 | CLEAR SKY ASSETS INC., STIPULATED PROTECTIVE
ORDER
16 Defendant.
17
18 Plaintiff and Counterdefendant 1661 Inc. dba GOAT (“Plaintiff’ or “GOAT’’)
19 | and Defendant and Counterclaimant Clear Sky Assets, Inc. (““Defendant” or “Clear
20 | Sky’”’) (collectively with GOAT, the “Parties’’), hereby jointly stipulate and request
21 | that this court enter the following Stipulated Protective Order (“Order”) governing
22 | the production and use of confidential information:
23
24 A. PURPOSES AND LIMITATIONS
25 Discovery in this action is likely to involve production of confidential,
26 | proprietary or private information for which special protection from public
27 | disclosure and from use for any purpose other than prosecuting this litigation may
28 | be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
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] | enter the following Stipulated Protective Order. The parties acknowledge that this
2 | Order does not confer blanket protections on all disclosures or responses to
3 | discovery and that the protection it affords from public disclosure and use extends
4 | only to the limited information or items that are entitled to confidential treatment
5 | under the applicable legal principles.
6 B. GOOD CAUSE STATEMENT
7 This action is likely to involve customer and pricing lists and other valuable
8 | research, development, commercial, financial, and/or proprietary information for
9 | which special protection from public disclosure and from use for any purpose other
10 | than prosecution of this action is warranted. Such confidential and proprietary
11 | materials and information consist of, among other things, confidential business or
12 | financial information, information regarding confidential business practices,
13 | information regarding purchase and sale prices of materials by suppliers,
14 | manufacturers, importers or distributors, information regarding business practices,
15 | information regarding the creation, purchase or sale of consumer products, or other
16 | confidential research, development, or commercial information (including
17 | information implicating privacy rights of third parties), information otherwise
18 | generally unavailable to the public, or which may be privileged or otherwise
19 | protected from disclosure under state or federal statutes, court rules, case decisions,
20 | or common law. Accordingly, to expedite the flow of information, to facilitate the
21 | prompt resolution of disputes over confidentiality of discovery materials, to
22 | adequately protect information the parties are entitled to keep confidential, to ensure
23 | that the parties are permitted reasonable necessary uses of such material in
24 | preparation for and in the conduct of trial, to address their handling at the end of the
25 | litigation, and serve the ends of justice, a protective order for such information is
26 | justified in this matter. It is the intent of the parties that information will not be
27 | designated as confidential for tactical reasons and that nothing be so designated
28 | without a good faith belief that it has been maintained in a confidential, non-public
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1 | manner, and there is good cause why it should not be part of the public record of this
2 || case.
3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
4 SEAL
5 The parties further acknowledge, as set forth in Section 12.3, below, that this
6 | Stipulated Protective Order does not entitle them to file confidential information
7 | under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
8 | and the standards that will be applied when a party seeks permission from the court
9 | to file material under seal.
10 There is a strong presumption that the public has a right of access to judicial
11 | proceedings and records in civil cases. In connection with non-dispositive motions,
12 | good cause must be shown to support a filing under seal. See Kamakana v. City and
13 | County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
14 | Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics,
15 | Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
16 | require good cause showing), and a specific showing of good cause or compelling
17 | reasons with proper evidentiary support and legal justification, must be made with
18 | respect to Protected Material that a party seeks to file under seal. The parties’ mere
19 | designation of Disclosure or Discovery Material as “CONFIDENTIAL” or
20 | “ATTORNEYS’ EYES ONLY” does not— without the submission of competent
21 | evidence by declaration, establishing that the material sought to be filed under seal
22 | qualifies as confidential, privileged, or otherwise protectable—constitute good
23 || cause.
24 Further, if a party requests sealing related to a dispositive motion or trial, then
25 | compelling reasons, not only good cause, for the sealing must be shown, and the
26 | relief sought shall be narrowly tailored to serve the specific interest to be protected.
27 | See Pintos v. Pacific Creditors Ass ‘n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
28 | each item or type of information, document, or thing sought to be filed or introduced
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] | under seal in connection with a dispositive motion or trial, the party seeking
2 | protection must articulate compelling reasons, supported by specific facts and legal
3 | justification, for the requested sealing order. Again, competent evidence supporting
4 | the application to file documents under seal must be provided by declaration.
5 Any document that is not confidential, privileged, or otherwise protectable in
6 | its entirety will not be filed under seal if the confidential portions can be redacted.
7 If documents can be redacted, then a redacted version for public viewing,
8 | omitting only the confidential, privileged, or otherwise protectable portions of the
9 | document, shall be filed. Any application that seeks to file documents under seal in
10 | their entirety should include an explanation of why redaction is not feasible.
11
DEFINITIONS
13 2.1 Action: this pending federal lawsuit.
14 2.2 Challenging Party: a Party or Non-Party that challenges the
15 | designation of information or items under this Order.
16 2.3. “CONFIDENTIAL” Information or Items: information (regardless of
17 | how it is generated, stored or maintained) or tangible things that qualify for
18 | protection under Federal Rule of Civil Procedure 26(c), and as specified above in
19 | the Good Cause Statement.
20 24 “ATTORNEYS’ EYES ONLY” Information or Items: information
21 | (regardless of how it is generated, stored or maintained) or tangible things that
22 | qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified
23 | above in the Good Cause Statement that, due to the inherent competitive advantage
24 | maintained by one or both parties is only viewable by counsel for the parties and
25 | other persons specified below.
26 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as
27 | their support staff).
28 2.6 Designating Party: a Party or Non-Party that designates information or
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] | items that it produces in disclosures or in responses to discovery as
2 | “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
3 2.7 Disclosure or Discovery Material: all items or information, regardless
4 | of the medium or manner in which it is generated, stored, or maintained (including,
5 | among other things, testimony, transcripts, and tangible things), that are produced or
6 | generated in disclosures or responses to discovery in this matter.
7 2.8 Expert: a person with specialized knowledge or experience in a matter
8 | pertinent to the litigation who has been retained by a Party or its counsel to serve as
9 | an expert witness or as a consultant in this Action.
10 2.9 House Counsel: attorneys who are employed as in-house counsel of a
11 | party to this Action. House Counsel does not include Outside Counsel of Record or
12 | any other outside counsel.
13 2.10 Non-Party: any natural person, partnership, corporation, association or
14 | other legal entity not named as a Party to this action.
15 2.11 Outside Counsel of Record: attorneys who are not employees of a
16 | party to this Action but are retained to represent or advise a party to this Action and
17 | have appeared in this Action on behalf of that party or are affiliated with a law firm
18 | that has appeared on behalf of that party, and includes support staff.
19 2.12 Party: any party to this Action, including all of its officers, directors,
20 | employees, consultants, retained experts, and Outside Counsel of Record (and their
21 | support staffs).
22 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
23 | Discovery Material in this Action.
24 2.14 Professional Vendors: persons or entities that provide litigation
25 | support services (e.g., photocopying, videotaping, translating, preparing exhibits or
26 | demonstrations, and organizing, storing, or retrieving data in any form or medium)
27 | and their employees and subcontractors.
28 2.15 Protected Material: any Disclosure or Discovery Material that is
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] | designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
2 2.16 Receiving Party: a Party that receives Disclosure or Discovery
3 | Material from a Producing Party.
5 3. SCOPE
6 The protections conferred by this Stipulation and Order cover not only
7 | Protected Material (as defined above), but also (1) any information copied or
8 | extracted from Protected Material; (2) all copies, excerpts, summaries, or
9 | compilations of Protected Material; and (3) any testimony, conversations, or
10 | presentations by Parties or their Counsel that might reveal Protected Material.
11 Any use of Protected Material at trial shall be governed by the orders of the
12 | trial judge. This Order does not govern the use of Protected Material at trial.
13
4. DURATION
15 Once a case proceeds to trial, information that was designated as
16 | CONFIDENTIAL, ATTORNEYS’ EYES ONLY, or maintained pursuant to this
17 | protective order used or introduced as an exhibit at trial becomes public and will be
18 | presumptively available to all members of the public, including the press, unless
19 | compelling reasons supported by specific factual findings to proceed otherwise are
20 | made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
21 | (distinguishing “good cause” showing for sealing documents produced in discovery
22 | from “compelling reasons” standard when merits-related documents are part of court
23 | record). Accordingly, the terms of this protective order do not extend beyond the
24 | commencement of the trial for materials used or introduced as an exhibit at trial.
25 For all other materials that are designated as CONFIDENTIAL or
26 | ATTORNEYS’ EYES ONLY, but not used or introduced as an exhibit at trial, the
27 | confidentiality obligations imposed by this order shall remain in effect even after
28 | final disposition of this litigation until a Designating Party agrees otherwise in
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] | writing or a court order otherwise directs. Final disposition shall be deemed to be
2 | the later of (1) dismissal of all claims and defenses in this Action, with or without
3 | prejudice; and (2) final judgment herein after the completion and exhaustion of all
4 | appeals, rehearings, remands, trials, or reviews of this Action, including the time
5 | limits for filing any motions or applications for extension of time pursuant to
6 | applicable law. After final disposition of this action, a Designating Party may make
7 | a written request that a Receiving Party destroy all copies of the Designating Party’s
8 | materials designated pursuant to this protective order that have not become part of
9 | the public record through use at trial or other hearing. The Receiving Party will do
10 | so and provide confirmation within sixty (60) days that it has done so.
11
DESIGNATING PROTECTED MATERIAL
13 5.1 Exercise of Restraint and Care in Designating Material for Protection.
14 | Each Party or Non-Party that designates information or items for protection under
15 | this Order must take care to limit any such designation to specific material that
16 | qualifies under the appropriate standards. The Designating Party must designate for
17 | protection only those parts of material, documents, items or oral or written
18 | communications that qualify so that other portions of the material, documents, items
19 | or communications for which protection is not warranted are not swept unjustifiably
20 | within the ambit of this Order.
21 Mass, indiscriminate or routinized designations are prohibited. Designations
22 | that are shown to be clearly unjustified or that have been made for an improper
23 | purpose (e.g., to unnecessarily encumber the case development process or to impose
24 | unnecessary expenses and burdens on other parties) may expose the Designating
25 | Party to sanctions.
26 If it comes to a Designating Party’s attention that information or items that it
27 | designated for protection do not qualify for protection, that Designating Party must
28 | promptly notify all other Parties that it is withdrawing the inapplicable designation.
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] | Provided, however, that a good faith disagreement regarding qualification for
2 | protection shall not constitute “coming to a Designating Party’s attention” for
3 | purposes of this provision.
4 5.2 Manner and Timing of Designations. Except as otherwise provided in
5 | this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
6 | stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
7 | under this Order must be clearly so designated before the material is disclosed or
8 | produced.
9 Designation in conformity with this Order requires:
10 (a) for information in documentary form (e.g., paper or electronic
11 | documents, but excluding transcripts of depositions or other pretrial or trial
12 | proceedings), that the Producing Party affix at a minimum, the legend
13 | “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”’) or the legend
14 | “ATTORNEYS EYES ONLY” (hereinafter “ATTORNEYS EYES ONLY legend’),
15 | to each page that contains protected material. If only a portion of the material on a
16 | page qualifies for protection, the Producing Party also must clearly identify the
17 | protected portion(s) (e.g., by making appropriate markings in the margins).
18 A Party or Non-Party that makes original documents available for inspection
19 | need not designate them for protection until after the inspecting Party has indicated
20 | which documents it would like copied and produced. During the inspection and
21 | before the designation, all of the material made available for inspection shall be
22 | deemed “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” After the
23 | inspecting Party has identified the documents it wants copied and produced, the
24 | Producing Party must determine which documents, or portions thereof, qualify for
25 | protection under this Order. Then, before producing the specified documents, the
26 | Producing Party must affix the “CONFIDENTIAL legend” or the “ATTORNEYS’
27 | EYES ONLY legend” to each page that contains Protected Material. If only a
28 | portion of the material on a page qualifies for protection, the Producing Party also
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1 | must clearly identify the protected portion(s) (e.g., by making appropriate markings
2 | in the margins).
3 (b) for testimony given in depositions, the Designating Party must
4 | identify that the transcript contains Disclosure or Discovery Material on the record.
5 | Further, within ten (10) days of receiving the final transcript of the deposition, the
6 | Designating Party must identify the specific page and line numbers in the deposition
7 | transcript containing Disclosure or Discovery Material.
8 (c) for information produced in some form other than documentary
9 | and for any other tangible items, that the Producing Party affix in a prominent place
10 | on the exterior of the container or containers in which the information is stored the
11 | legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If only a portion or
12 | portions of the information warrants protection, the Producing Party, to the extent
13 | practicable, shall identify the protected portion(s).
14 5.3. Inadvertent Failures to Designate. If notice is given within a
15 | reasonable time of a Designating Party’s discovery of an inadvertent failure to
16 | designate qualified information or items, such inadvertent failure to designate
17 | qualified information or items does not, standing alone, waive the Designating
18 | Party’s right to secure protection under this Order for such material. Upon receiving
19 | such notice of a designation, the Receiving Party must make reasonable efforts to
20 | assure that the material is treated in accordance with the provisions of this Order.
21
22 | 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
24 | designation of confidentiality at any time that is consistent with the Court’s
25 | Scheduling Order.
26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
27 | resolution process under Local Rule 37.1 et seq.
28 6.3. The burden of persuasion in any such challenge proceeding shall be on
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] | the Designating Party. Frivolous challenges, and those made for an improper
2 | purpose (e.g., to harass or impose unnecessary expenses and burdens on other
3 | parties) may expose the Challenging Party to sanctions. Unless the Designating
4 | Party has waived or withdrawn the confidentiality designation, all parties shall
5 | continue to afford the material in question the level of protection to which it is
6 | entitled under the Producing Party’s designation until the Court rules on the
7 | challenge.
9|7. ACCESS TO AND USE OF PROTECTED MATERIAL
10 7.1 Basic Principles. A Receiving Party may use Protected Material that is
11 | disclosed or produced by another Party or by a Non-Party in connection with this
12 | Action only for prosecuting, defending or attempting to settle this Action. Such
13 | Protected Material may be disclosed only to the categories of persons and under the
14 | conditions described in this Order. When the Action has been terminated, a
15 | Receiving Party must comply with the provisions of section 13 below (FINAL
16 | DISPOSITION).
17 Protected Material must be stored and maintained by a Receiving Party at a
18 | location and in a secure manner that ensures that access is limited to the persons
19 | authorized under this Order.
20 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless
21 | otherwise ordered by the court or permitted in writing by the Designating Party, a
22 | Receiving Party may disclose any information or item designated
23 | “CONFIDENTIAL” only to:
24 (a) the Receiving Party’s Outside Counsel of Record in this Action,
25 | as well as employees of said Outside Counsel of Record to whom it is reasonably
26 || necessary to disclose the information for this Action;
27 (b) _ the officers, directors, and employees (including House Counsel)
28 | of the Receiving Party to whom disclosure is reasonably necessary for this Action;
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] (c) Experts (as defined in this Order) of the Receiving Party to
2 | whom disclosure is reasonably necessary for this Action and who have signed the
3 | “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4 (d) the court and its personnel;
5 (e) court reporters and their staff;
6 (f) professional jury or trial consultants, mock jurors, and
7 | Professional Vendors to whom disclosure is reasonably necessary for this Action
8 | and who have signed the “Acknowledgment and Agreement to Be Bound”
9 | (Exhibit A);
10 (g) the author or recipient of a document containing the information
11 | or a custodian or other person who otherwise possessed or knew the information;
12 (h) during their depositions, witnesses, and attorneys for witnesses,
13 the Action to whom disclosure is reasonably necessary provided: (1) the
14 | deposing party requests that the witness sign the form attached as Exhibit 1 hereto;
15 | and (2) they will not be permitted to keep any confidential information unless they
16 | sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
17 | otherwise agreed by the Designating Party or ordered by the court. Pages of
18 | transcribed deposition testimony or exhibits to depositions that reveal Protected
19 | Material may be separately bound by the court reporter and may not be disclosed to
20 | anyone except as permitted under this Stipulated Protective Order; and
21 (i) any mediator or settlement officer, and their supporting
22 | personnel, mutually agreed upon by any of the parties engaged in settlement
23 | discussions.
24 7.3 Disclosure of “ATTORNEYS EYES ONLY” Information or Items.
25 | Unless otherwise ordered by the court or permitted in writing by the Designating
26 | Party, a Receiving Party may disclose any information or item designated
27 | “ATTORNEYS EYES ONLY” only to:
28 (a) the Receiving Party’s Outside Counsel of Record in this Action
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1 | and House Counsel to whom disclosure is reasonably necessary for this Action;
2 (b) Experts (as defined in this Order) of the Receiving Party to
3 | whom disclosure is reasonably necessary for this Action and who have signed the
4 | “Acknowledgment and Agreement to Be Bound” (Exhibit A);
5 (c) the court and its personnel;
6 (d) court reporters and their staff;
7 (e) professional jury or trial consultants, mock jurors, and
8 | Professional Vendors to whom disclosure is reasonably necessary for this Action
9 | and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
10] A);
11 (f) the author or recipient of a document containing the information
12 | or a custodian or other person who otherwise possessed or knew the information;
13 (g) any mediator or settlement officer, and their supporting
14 | personnel, mutually agreed upon by any of the parties engaged in settlement
15 | discussions.
16
17/8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
18 PRODUCED 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 information or items designated in this Action as
21 | “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” that Party must:
22 (a) promptly notify in writing the Designating Party. Such
23 | notification shall include a copy of the subpoena or court order;
24 (b) promptly notify in writing the party who caused the subpoena or
25 | order to issue in the other litigation that some or all of the material covered by the
26 | subpoena or order is subject to this Protective Order. Such notification shall include
27 | a copy of this Stipulated Protective Order; and
28 (c) | cooperate with respect to all reasonable procedures sought to be
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] | pursued by the Designating Party whose Protected Material may be affected.
2 If the Designating Party timely seeks a protective order, the Party served with
3 | the subpoena or court order shall not produce any information designated in this
4 | action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a
5 | determination by the court from which the subpoena or order issued, unless the
6 | Party has obtained the Designating Party’s permission. The Designating Party shall
7 | bear the burden and expense of seeking protection in that court of its confidential
8 | material and nothing in these provisions should be construed as authorizing or
9 | encouraging a Receiving Party in this Action to disobey a lawful directive from
10 | another court.
11
]9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
13 PRODUCED IN THIS LITIGATION
14 (a) The terms of this Order are applicable to information produced
15 | by a Non-Party in this Action and designated as “CONFIDENTIAL” or
16 | “ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in
17 | connection with this litigation is protected by the remedies and relief provided by
18 | this Order. Nothing in these provisions should be construed as prohibiting a Non-
19 | Party from seeking additional protections.
20 (b) In the event that a Party is required, by a valid discovery request,
21 | to produce a Non-Party’s confidential information in its possession, and the Party is
22 | subject to an agreement with the Non-Party not to produce the Non-Party’s
23 | confidential information, then the Party shall:
24 (1) promptly notify in writing the Requesting Party and the
25 | Non-Party that some or all of the information requested is subject to a
26 | confidentiality agreement with a Non-Party;
27 (2) promptly provide the Non-Party with a copy of the
28 | Stipulated Protective Order in this Action, the relevant discovery request(s), and a
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] | reasonably specific description of the information requested; and
2 (3) make the information requested available for inspection by
3 | the Non-Party, if requested.
4 (c) Ifthe Non-Party fails to seek a protective order from this court
5 | within 14 days of receiving the notice and accompanying information, the Receiving
6 | Party may produce the Non-Party’s confidential information responsive to the
7 | discovery request. If the Non-Party timely seeks a protective order, the Receiving
8 | Party shall not produce any information in its possession or control that is subject to
9 | the confidentiality agreement with the Non-Party before a determination by the
10 | court. Absent a court order to the contrary, the Non-Party shall bear the burden and
11 | expense of seeking protection in this court of its Protected Material.
12
13}10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
15 | Protected Material to any person or in any circumstance not authorized under this
16 | Stipulated Protective Order, the Receiving Party must immediately (a) notify in
17 | writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
18 | to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
19 | persons to whom unauthorized disclosures were made of all the terms of this Order,
20 | and (d) request such person or persons to execute the “Acknowledgment and
21 | Agreement to Be Bound” that is attached hereto as Exhibit A.
22
23}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
24 PROTECTED MATERIAL
25 When a Producing Party gives notice to Receiving Parties that certain
26 | inadvertently produced material is subject to a claim of privilege or other protection,
27 | or when a Receiving Party reasonably suspects that it has received privileged
28 | documents or information that the Producing Party inadvertently produced, the
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1 | obligations of the Receiving Parties are those set forth in Federal Rule of Civil
2 | Procedure 26(b)(5)(B) and California Rule of Professional Conduct, Rule 4.4, i.e.
3 | that the Receiving Party will refrain from using or examining the material any
4 further and shall promptly notify the Producing Party of the potential inadvertent
5 | disclosure, and — on notification or confirmation from the Producing Party that the
6 | material was privileged and inadvertently disclosed — shall promptly return,
7 | sequester, or destroy the specified information and any copies it has and take
8 | reasonable steps to retrieve the information if the Receiving Party disclosed it before
9 | being notified. The parties will work together to resolve any disputes as to whether
10 | materials at issue are protected by privilege, with guidance from the Court as
11 | necessary.
12 Pursuant to Federal Rule of Evidence 502(d) and (e), the Parties agree that the
13 | inadvertent or unintentional production of privileged material shall not be deemed a
14 | waiver in whole or in part of a party’s claim of privilege. The Parties agree that
15 | prompt notice or confirmation of an inadvertent disclosure constitutes reasonable
16 | steps to rectify the error pursuant to Federal Rule of Evidence 502(b). This
17 | provision is not intended to modify whatever procedure may be established in an e-
18 | discovery order that provides for production without prior privilege review.
19
20}12. MISCELLANEOUS
21 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
22 | person to seek its modification by the Court in the future.
23 12.2 Right to Assert Other Objections. By stipulating to the entry of this
24 | Protective Order, no Party waives any right it otherwise would have to object to
25 | disclosing or producing any information or item on any ground not addressed in this
26 | Stipulated Protective Order. Similarly, no Party waives any right to object on any
27 | ground to use in evidence of any of the material covered by this Protective Order.
28 12.3. Filing Protected Material. A Party that seeks to file under seal any
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1 | Protected Material must comply with Local Civil Rule 79-5. Protected Material
2 | may only be filed under seal pursuant to a court order authorizing the sealing of the
3 | specific Protected Material at issue. If a Party’s request to file Protected Material
4 | under seal is denied by the court, then the Receiving Party may file the information
5 | in the public record unless otherwise instructed by the court.
7113. FINAL DISPOSITION
8 After the final disposition of this Action, as defined in paragraph 4, within 60
9 | days of a written request by the Designating Party, each Receiving Party must return
10 all Protected Material to the Producing Party or destroy such material. As used in
11 | this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
12 | summaries, and any other format reproducing or capturing any of the Protected
13 | Material. Whether the Protected Material is returned or destroyed, the Receiving
14 | Party must submit a written certification to the Producing Party (and, if not the same
15 | person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
16 | (by category, where appropriate) all the Protected Material that was returned or
17 | destroyed and (2) affirms that the Receiving Party has not retained any copies,
18 | abstracts, compilations, summaries or any other format reproducing or capturing any
19 | of the Protected Material. Notwithstanding this provision, Counsel are entitled to
20 | retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
21 | transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
22 | reports, attorney work product, and consultant and expert work product, even if such
23 | materials contain Protected Material. Any such archival copies that contain or
24 | constitute Protected Material remain subject to this Protective Order as set forth in
25 | Section 4 (DURATION).
26 //
27 //
28 //
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1/14. VIOLATION
2 Any violation of this Order may be punished by appropriate measures
3 | including, without limitation, contempt proceedings and/or monetary sanctions.
5 | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
7 DATED: June 12, 2020
8 _/s/ Meredith Williams
Meredith Williams
? Attorneys for Plaintiff
10 | 1661 Inc., d/b/a GOAT
11
12|DATED: June 12, 2020
13 “ys
/s/ William Thomson
14 | William Thomson
1s Attorneys for Defendant
Clear Sky Assets, Inc.
16
7 L.R. 5-4.3.4 Attestation Regarding Signature
18 The electronic filer attests that all other signatories listed and on whose behalf
19 | the filing is submitted concur in the filing’s content and have authorized the filing.
20
Dated: June 15, 2020 By: /s/ Meredith Williams
21 Meredith Williams
22
23 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
24
DATED: June 15, 2020
25 .
26 | __W!____
HON. ROZELLA A. OLIVER
27 | United States Magistrate Judge
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],
5 | declare under penalty of perjury that I have read in its entirety and understand the
6 | Stipulated Protective Order that was issued by the United States District Court for
7 | the Central District of California on [date] in the case of 166/
8 | Inc. v. Clear Sky Assets, Inc., case no. 2:20-cv-01144-CJC-RAO. I agree to comply
9 | with and to be bound by all the terms of this Stipulated Protective Order and I
10 | understand and acknowledge that failure to so comply could expose me to sanctions
11 | and punishment in the nature of contempt. I solemnly promise that I will not
12 | disclose in any manner any information or item that is subject to this Stipulated
13 | Protective Order to any person or entity except in strict compliance with the
14 | provisions of this Order. I further agree to submit to the jurisdiction of the United
15 | States District Court for the Central District of California for enforcing the terms of
16 | this Stipulated Protective Order, even if such enforcement proceedings occur after
17 | termination of this action. I hereby appoint
18 | [print or type full name] of [print or type full
19 | address and telephone number] as my California agent for service of process in
20 | connection with this action or any proceedings related to enforcement of this
21 | Stipulated Protective Order.
22
23 | Date:
24 | City and State where sworn and signed:
25
26 | Printed name:
27 | Signature:
28
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