Christopher Sadowski v. Hollywood Unlocked, Inc.

1 Mathew K. Higbee, Esq., SBN 241380

2 Ryan E. Carreon, Esq., SBN 311668

HIGBEE & ASSOCIATES

3 1504 Brookhollow Dr., Suite 112

4 Santa Ana, CA 92705

(714) 617-8336

5 (714) 597-6559 facsimile

6 Email: mhigbee@higbeeassociates.com

rcarreon@higbeeassociates.com

7

8 Attorneys for Plaintiff,

CHRISTOPHER SADOWSKI

9

10 Rodney S. Diggs, Esq. (SBN 274459)

Ivie McNeill Wyatt Purcell & Diggs, APLC

11

444 S. Flower Street, Suite 1800

12 Los Angeles, CA90071

(213) 489-0028 | Phone

13

(213) 489-0552 | Fax

14 rdiggs@imwlaw.com

15

Attorneys for Defendants,

16 HOLLYWOOD UNLOCKED INC.; HOLLYWOOD UNLOCKED AGENCY,

INC.; and HOLLYWOOD UNLOCKED LLC

17

18 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

19

20

CHRISTOPHER SADOWSKI,

Case No. 2:19-CV- 05541-PGS-RAO

21

Plaintiff,

22 STIPULATED PROTECTIVE

v. ORDER1

23

24 HOLLYWOOD UNLOCKED INC.

et al

25

Defendants.

26

27

1 1. A. PURPOSES AND LIMITATIONS

2 Discovery in this action is likely to involve production of confidential,

3 proprietary or private information for which special protection from public

4 disclosure and from use for any purpose other than prosecuting this litigation may

5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

6 enter the following Stipulated Protective Order. The parties acknowledge that this

7 Order does not confer blanket protections on all disclosures or responses to

8 discovery and that the protection it affords from public disclosure and use extends

9 only to the limited information or items that are entitled to confidential treatment

10 under the applicable legal principles.

11

12 B. GOOD CAUSE STATEMENT

13 This action is likely to involve trade secrets, proprietary business information

14 of privately held business entities, valuable research and commercial insights into

15 the operation of a website, contracts or confidential communications with third

16 parties who are not parties to this action, financial, technical and/or proprietary

17 information for which special protection from public disclosure and from use for

18 any purpose other than prosecution of this action is warranted. Such confidential

19 and proprietary materials and information consist of, among other things,

20 confidential business or financial information, information regarding confidential

21 business practices, or other confidential research, development, or commercial

22 information (including information implicating privacy rights of third parties),

23 information otherwise generally unavailable to the public, or which may be

24 privileged or otherwise protected from disclosure under state or federal statutes,

25 court rules, case decisions, or common law. Accordingly, to expedite the flow of

26 information, to facilitate the prompt resolution of disputes over confidentiality of

27 discovery materials, to adequately protect information the parties are entitled to keep

1 such material in preparation for and in the conduct of trial, to address their handling

2 at the end of the litigation, and serve the ends of justice, a protective order for such

3 information is justified in this matter. It is the intent of the parties that information

4 will not be designated as confidential for tactical reasons and that nothing be so

5 designated without a good faith belief that it has been maintained in a confidential,

6 non-public manner, and there is good cause why it should not be part of the public

7 record of this case.

8

9 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

10 The parties further acknowledge, as set forth in Section 12.3, below, that this

11 Stipulated Protective Order does not entitle them to file confidential information

12 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

13 and the standards that will be applied when a party seeks permission from the court

14 to file material under seal.

15 There is a strong presumption that the public has a right of access to judicial

16 proceedings and records in civil cases. In connection with non-dispositive motions,

17 good cause must be shown to support a filing under seal. See Kamakana v. City and

18 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

19 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

20 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

21 require good cause showing), and a specific showing of good cause or compelling

22 reasons with proper evidentiary support and legal justification, must be made with

23 respect to Protected Material that a party seeks to file under seal. The parties’ mere

24 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

25 without the submission of competent evidence by declaration, establishing that the

26 material sought to be filed under seal qualifies as confidential, privileged, or

27 otherwise protectable—constitute good cause.

1 Further, if a party requests sealing related to a dispositive motion or trial, then

2 compelling reasons, not only good cause, for the sealing must be shown, and the

3 relief sought shall be narrowly tailored to serve the specific interest to be protected.

4 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For

5 each item or type of information, document, or thing sought to be filed or introduced

6 under seal in connection with a dispositive motion or trial, the party seeking

7 protection must articulate compelling reasons, supported by specific facts and legal

8 justification, for the requested sealing order. Again, competent evidence supporting

9 the application to file documents under seal must be provided by declaration.

10 Any document that is not confidential, privileged, or otherwise protectable in

11 its entirety will not be filed under seal if the confidential portions can be redacted.

12 If documents can be redacted, then a redacted version for public viewing, omitting

13 only the confidential, privileged, or otherwise protectable portions of the document,

14 shall be filed. Any application that seeks to file documents under seal in their

15 entirety should include an explanation of why redaction is not feasible.

16

17 2. DEFINITIONS

18 2.1 Action: Christopher Sadowski v. Hollywood Unlocked Inc., et al, 2:19-

19 CV- 05541-PGS-RAO.

20 2.2 Challenging Party: a Party or Non-Party that challenges the

21 designation of information or items under this Order.

22 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

23 how it is generated, stored or maintained) or tangible things that qualify for

24 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

25 the Good Cause Statement.

26 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

27 their support staff).

1 items that it produces in disclosures or in responses to discovery as

2 “CONFIDENTIAL.”

3 2.6 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 2.7 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 2.8 House Counsel: attorneys who are employees of a party to this Action.

11 House Counsel does not include Outside Counsel of Record or any other outside

12 counsel.

13 2.9 Non-Party: any natural person, partnership, corporation, association or

14 other legal entity not named as a Party to this action.

15 2.10 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 2.11 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 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

23 Discovery Material in this Action.

24 2.13 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.

1 designated as “CONFIDENTIAL.”

2 2.15 Receiving Party: a Party that receives Disclosure or Discovery

3 Material from a Producing Party.

4

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

14 4. DURATION

15 Once a case proceeds to trial, information that was designated as

16 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

17 as an exhibit at trial becomes public and will be presumptively available to all

18 members of the public, including the press, unless compelling reasons supported by

19 specific factual findings to proceed otherwise are made to the trial judge in advance

20 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

21 showing for sealing documents produced in discovery from “compelling reasons”

22 standard when merits-related documents are part of court record). Accordingly, the

23 terms of this protective order do not extend beyond the commencement of the trial.

24

25 5. DESIGNATING PROTECTED MATERIAL

26 5.1 Exercise of Restraint and Care in Designating Material for Protection.

27 Each Party or Non-Party that designates information or items for protection under

1 qualifies under the appropriate standards. The Designating Party must designate for

2 protection only those parts of material, documents, items or oral or written

3 communications that qualify so that other portions of the material, documents, items

4 or communications for which protection is not warranted are not swept unjustifiably

5 within the ambit of this Order.

6 Mass, indiscriminate or routinized designations are prohibited. Designations

7 that are shown to be clearly unjustified or that have been made for an improper

8 purpose (e.g., to unnecessarily encumber the case development process or to impose

9 unnecessary expenses and burdens on other parties) may expose the Designating

10 Party to sanctions.

11 If it comes to a Designating Party’s attention that information or items that it

12 designated for protection do not qualify for protection, that Designating Party must

13 promptly notify all other Parties that it is withdrawing the inapplicable designation.

14 5.2 Manner and Timing of Designations. Except as otherwise provided in

15 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

16 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

17 under this Order must be clearly so designated before the material is disclosed or

18 produced.

19 Designation in conformity with this Order requires:

20 (a) for information in documentary form (e.g., paper or electronic

21 documents, but excluding transcripts of depositions or other pretrial or trial

22 proceedings), that the Producing Party affix at a minimum, the legend

23 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

24 contains protected material. If only a portion of the material on a page qualifies for

25 protection, the Producing Party also must clearly identify the protected portion(s)

26 (e.g., by making appropriate markings in the margins).

27 A Party or Non-Party that makes original documents available for inspection

1 which documents it would like copied and produced. During the inspection and

2 before the designation, all of the material made available for inspection shall be

3 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

4 documents it wants copied and produced, the Producing Party must determine which

5 documents, or portions thereof, qualify for protection under this Order. Then,

6 before producing the specified documents, the Producing Party must affix the

7 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a

8 portion of the material on a page qualifies for protection, the Producing Party also

9 must clearly identify the protected portion(s) (e.g., by making appropriate markings

10 in the margins).

11 (b) for testimony given in depositions that the Designating Party identifies

12 the Disclosure or Discovery Material on the record, before the close of the

13 deposition all protected testimony.

14 (c) for information produced in some form other than documentary and

15 for any other tangible items, that the Producing Party affix in a prominent place on

16 the exterior of the container or containers in which the information is stored the

17 legend “CONFIDENTIAL.” If only a portion or portions of the information

18 warrants protection, the Producing Party, to the extent practicable, shall identify the

19 protected portion(s).

20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

21 failure to designate qualified information or items does not, standing alone, waive

22 the Designating Party’s right to secure protection under this Order for such material.

23 Upon timely correction of a designation, the Receiving Party must make reasonable

24 efforts to assure that the material is treated in accordance with the provisions of this

25 Order.

26

27 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

1 designation of confidentiality at any time that is consistent with the Court’s

2 Scheduling Order.

3 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

4 resolution process under Local Rule 37.1 et seq.

5 6.3 The burden of persuasion in any such challenge proceeding shall be on

6 the Designating Party. Frivolous challenges, and those made for an improper

7 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

8 parties) may expose the Challenging Party to sanctions. Unless the Designating

9 Party has waived or withdrawn the confidentiality designation, all parties shall

10 continue to afford the material in question the level of protection to which it is

11 entitled under the Producing Party’s designation until the Court rules on the

12 challenge.

13

14 7. ACCESS TO AND USE OF PROTECTED MATERIAL

15 7.1 Basic Principles. A Receiving Party may use Protected Material that is

16 disclosed or produced by another Party or by a Non-Party in connection with this

17 Action only for prosecuting, defending or attempting to settle this Action. Such

18 Protected Material may be disclosed only to the categories of persons and under the

19 conditions described in this Order. When the Action has been terminated, a

20 Receiving Party must comply with the provisions of section 13 below (FINAL

21 DISPOSITION).

22 Protected Material must be stored and maintained by a Receiving Party at a

23 location and in a secure manner that ensures that access is limited to the persons

24 authorized under this Order.

25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

26 otherwise ordered by the court or permitted in writing by the Designating Party, a

27 Receiving Party may disclose any information or item designated

1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as

2 well as employees of said Outside Counsel of Record to whom it is reasonably

3 necessary to disclose the information for this Action;

4 (b) the officers, directors, and employees (including House Counsel) of

5 the Receiving Party to whom disclosure is reasonably necessary for this Action;

6 (c) Experts (as defined in this Order) of the Receiving Party to whom

7 disclosure is reasonably necessary for this Action and who have signed the

8 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

9 (d) the court and its personnel;

10 (e) court reporters and their staff;

11 (f) professional jury or trial consultants, mock jurors, and Professional

12 Vendors to whom disclosure is reasonably necessary for this Action and who have

13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

14 (g) the author or recipient of a document containing the information or a

15 custodian or other person who otherwise possessed or knew the information;

16 (h) during their depositions, witnesses, and attorneys for witnesses, in the

17 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

18 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

19 not be permitted to keep any confidential information unless they sign the

20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

21 agreed by the Designating Party or ordered by the court. Pages of transcribed

22 deposition testimony or exhibits to depositions that reveal Protected Material may

23 be separately bound by the court reporter and may not be disclosed to anyone except

24 as permitted under this Stipulated Protective Order; and

25 (i) any mediator or settlement officer, and their supporting personnel,

26 mutually agreed upon by any of the parties engaged in settlement discussions.

27

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

2 IN OTHER LITIGATION

3 If a Party is served with a subpoena or a court order issued in other litigation

4 that compels disclosure of any information or items designated in this Action as

5 “CONFIDENTIAL,” that Party must:

6 (a) promptly notify in writing the Designating Party. Such notification

7 shall include a copy of the subpoena or court order;

8 (b) promptly notify in writing the party who caused the subpoena or order

9 to issue in the other litigation that some or all of the material covered by the

10 subpoena or order is subject to this Protective Order. Such notification shall include

11 a copy of this Stipulated Protective Order; and

12 (c) cooperate with respect to all reasonable procedures sought to be

13 pursued by the Designating Party whose Protected Material may be affected.

14 If the Designating Party timely seeks a protective order, the Party served with

15 the subpoena or court order shall not produce any information designated in this

16 action as “CONFIDENTIAL” before a determination by the court from which the

17 subpoena or order issued, unless the Party has obtained the Designating Party’s

18 permission. The Designating Party shall bear the burden and expense of seeking

19 protection in that court of its confidential material and nothing in these provisions

20 should be construed as authorizing or encouraging a Receiving Party in this Action

21 to disobey a lawful directive from another court.

22

23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

24 PRODUCED IN THIS LITIGATION

25 (a) The terms of this Order are applicable to information produced by a

26 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

27 produced by Non-Parties in connection with this litigation is protected by the

1 construed as prohibiting a Non-Party from seeking additional protections.

2 (b) In the event that a Party is required, by a valid discovery request, to

3 produce a Non-Party’s confidential information in its possession, and the Party is

4 subject to an agreement with the Non-Party not to produce the Non-Party’s

5 confidential information, then the Party shall:

6 (1) promptly notify in writing the Requesting Party and the Non-Party

7 that some or all of the information requested is subject to a confidentiality

8 agreement with a Non-Party;

9 (2) promptly provide the Non-Party with a copy of the Stipulated

10 Protective Order in this Action, the relevant discovery request(s), and a reasonably

11 specific description of the information requested; and

12 (3) make the information requested available for inspection by the

13 Non-Party, if requested.

14 (c) If the Non-Party fails to seek a protective order from this court within

15 14 days of receiving the notice and accompanying information, the Receiving Party

16 may produce the Non-Party’s confidential information responsive to the discovery

17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

18 not produce any information in its possession or control that is subject to the

19 confidentiality agreement with the Non-Party before a determination by the court.

20 Absent a court order to the contrary, the Non-Party shall bear the burden and

21 expense of seeking protection in this court of its Protected Material.

22

23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

25 Protected Material to any person or in any circumstance not authorized under this

26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

1 persons to whom unauthorized disclosures were made of all the terms of this Order,

2 and (d) request such person or persons to execute the “Acknowledgment and

3 Agreement to Be Bound” that is attached hereto as Exhibit A.

4

5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

6 PROTECTED MATERIAL

7 When a Producing Party gives notice to Receiving Parties that certain

8 inadvertently produced material is subject to a claim of privilege or other protection,

9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever

11 procedure may be established in an e-discovery order that provides for production

12 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

13 (e), insofar as the parties reach an agreement on the effect of disclosure of a

14 communication or information covered by the attorney-client privilege or work

15 product protection, the parties may incorporate their agreement in the stipulated

16 protective order submitted to the court.

17

18 12. MISCELLANEOUS

19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

20 person to seek its modification by the Court in the future.

21 12.2 Right to Assert Other Objections. By stipulating to the entry of this

22 Protective Order, no Party waives any right it otherwise would have to object to

23 disclosing or producing any information or item on any ground not addressed in this

24 Stipulated Protective Order. Similarly, no Party waives any right to object on any

25 ground to use in evidence of any of the material covered by this Protective Order.

26 12.3 Filing Protected Material. A Party that seeks to file under seal any

27 Protected Material must comply with Local Civil Rule 79-5. Protected Material

1 specific Protected Material at issue. If a Party’s request to file Protected Material

2 under seal is denied by the court, then the Receiving Party may file the information

3 in the public record unless otherwise instructed by the court.

4

5 13. FINAL DISPOSITION

6 After the final disposition of this Action, as defined in paragraph 4, within 60

7 days of a written request by the Designating Party, each Receiving Party must return

8 all Protected Material to the Producing Party or destroy such material. As used in

9 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

10 summaries, and any other format reproducing or capturing any of the Protected

11 Material. Whether the Protected Material is returned or destroyed, the Receiving

12 Party must submit a written certification to the Producing Party (and, if not the same

13 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

14 (by category, where appropriate) all the Protected Material that was returned or

15 destroyed and (2) affirms that the Receiving Party has not retained any copies,

16 abstracts, compilations, summaries or any other format reproducing or capturing any

17 of the Protected Material. Notwithstanding this provision, Counsel are entitled to

18 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

19 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

20 reports, attorney work product, and consultant and expert work product, even if such

21 materials contain Protected Material. Any such archival copies that contain or

22 constitute Protected Material remain subject to this Protective Order as set forth in

23 Section 4 (DURATION).

24 //

25 //

26 //

27 //

1 || 14. VIOLATION

2 |} Any violation of this Order may be punished by appropriate measures including,

3 |} without limitation, contempt proceedings and/or monetary sanctions.

4 || //

5 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6

7 || DATED: August 27, 2020

8 || /s/ Ryan E. Carreon

9 Attorneys for Plaintiff

10

DATED: August 27, 2020

11

12

/s/ Rodney S. Diggs

13 || Attorneys for Defendant

14

15

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

16

17

DATED: August 28, 2020

18

19 Rayelis, ds, QL.

20 || HON. ROZELLA A. OLIVER

United States Magistrate Judge

22

23

24

25

26

27

28

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

4 I, _____________________________ [print or type full name], of

5 _________________ [print or type full address], declare under penalty of perjury

6 that I have read in its entirety and understand the Stipulated Protective Order that

7 was issued by the United States District Court for the Central District of California

8 on [date] in the case of Christopher Sadowski v. Hollywood Unlocked, Inc., et al,

9 2:19-CV- 05541-PGS-RAO. I agree to comply with and to be bound by all the

10 terms of this Stipulated Protective Order and I understand and acknowledge that

11 failure to so comply could expose me to sanctions and punishment in the nature of

12 contempt. I solemnly promise that I will not disclose in any manner any

13 information or item that is subjq ect to this Stipulated Protective Order to any

14 person or entity except in strict compliance with the provisions of this Order.

15 I further agree to submit to the jurisdiction of the United States District Court for the

16 Central District of California for enforcing the terms of this Stipulated Protective

17 Order, even if such enforcement proceedings occur after termination of this action.

18 I hereby appoint __________________________ [print or type full name] of

19 _______________________________________ [print or type full address and

20 telephone number] as my California agent for service of process in connection with

21 this action or any proceedings related to enforcement of this Stipulated Protective

22 Order.

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

25

26 Printed name: _______________________________

27