Opinion

Maria Luz Zucchella v. Olympusat, Inc.

Court: District Court, C.D. California
Filed: Oct 29, 2020
Cited by: 0 cases

The opinion

2 DISCOVERY MATTER

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

MARIA LUZ ZUCCHELLA, Case No. 2:19-cv-07335 DSF (PLAx)

Plaintiff, [Assigned to the Hon. Dale S. Fischer,

Courtroom 7D]

14 vs.

ORDER RE STIPULATED

OLYMPUSAT, INC, a Florida corporation; REQUEST TO AMEND

16 TOM MOHLER, an individual; PROTECTIVE ORDER

OLYMPUSAT HOLDINGS, INC., a

Florida corporation; OCEAN NEW

18 MEDIA, LLC, a Florida limited liability Complaint Filed: Jul. 15, 2019

company; OCEAN COMMUNICATIONS, Counterclaims Filed: Oct. 25, 2019

INC., a Florida corporation; and DOES 4

20 through 50, inclusive, Discovery Cut-Off: Jan. 5, 2021

Motion Cut-Off: Feb. 22, 2021

21 Defendants.

Trial: Jun. 1, 2021

AND RELATED COUNTER-CLAIM.

1 Having considered the papers and finding good cause exists, the parties’

2 || Stipulated Request to Amend Protective Order, as revised based on consideration of

3 || plaintiff's and defendants’ versions of Section 7.3, is GRANTED.

5 IT IS SO ORDERED.

° GaSe. Meamet-

7 ||Dated: October 29, 2020

8 The Hon. Paul L. Abrams

9 United States Magistrate Judge

1 Respectfully submitted by:

LATHROP GPM LLP

2 Laura Reathaford (CA SBN 254751)

laura.reathaford@lathropgpm.com

Ronald A. Valenzuela (CA SBN 210025)

4 ronald.valenzuela@lathropgpm.com

1888 Century Park East, Suite 1000

5 Los Angeles, CA 90067

310.789.4600

6 310.789.4601

Attorneys for Defendants

8 OLYMPUSAT, INC. et al.

NOTE: CHANGES MADE BY THE COURT

7 UNITED STATES DISTRICT COURT

8 CENTRAL DISTRICT OF CALIFORNIA

10 1] MARIA LUZ ZUCCHELLA, an Case No. 2:19-cv-07335 DSF (PLAx)

4, |] individual,

[Assigned to the Hon. Dale S. Fischer,

«22 Plaintiff, Courtroom 7D]

Jlocympusat, Inc, «Florida AMENDED STIPULATED

corporation; TOM MOHLER, an

15 individual, OLYMPUSAT HOLDINGS,

16 || INC., a Florida corporation, OCEAN Complaint Filed: July 15, 2019

NEW MEDIA, LLC, a Florida . .

7 . Counterclaims Filed: October 25, 2019

corporation, and OCEAN Discovery Cut-Off: January 5, 2020

13 || COMMUNICATIONS, INC., a Florida ye

Motion Cut-Off: February 22, 2021

corporation, and DOES 4 through 50, .

19 . Trial: June 1, 2021

inclusive,

20 Defendants.

21 |} AND RELATED COUNTER-CLAIM.

YY 00

Stipulated Protective Order

1 1. GENERAL

2 1.1. Purposes and Limitations. Discovery in this action is likely to involve

3 || production of confidential, proprietary, or private information for which one or more of

4 || the parties may assert requires special protection from public disclosure and from use

5 for any purpose other than prosecuting this litigation may be warranted. Accordingly,

6 ||the parties hereby stipulate to and petition the Court to enter the following Stipulated

7 Protective Order. The parties acknowledge that this Order does not confer blanket

8 || protections on all disclosures or responses to discovery and that the protection it affords

9 || from public disclosure and use extends only to the limited information or items that are

10 ||entitled to confidential treatment under the applicable legal principles. The parties

3 11 || further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective

: 12 || Order does not entitle them to file confidential information under seal; Civil Local Rule

13 ||79-5 sets forth the procedures that must be followed and the standards that will be

= 44 applied when a party seeks permission from the court to file material under seal.

15 1.2. Good Cause Statement.

16 This action is likely to involve banking information, trade secrets, customer and

17 || pricing lists and other valuable research, development, commercial, financial, technical

18 || and/or proprietary information for which one or more of the parties may assert requires

19 || special protection from public disclosure and from use for any purpose other than

20 || prosecution of this action is warranted. Such confidential and proprietary materials and

21 ||information consist of, among other things, confidential business or financial

22 || information, information regarding confidential business practices, or other confidential

23 ||research, development, or commercial information (including information implicating

24 || privacy rights of third parties), information otherwise generally unavailable to the

25 || public, or which may be privileged or otherwise protected from disclosure under state

26 || or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite

27 ||the flow of information, to facilitate the prompt resolution of disputes over

Stipulated Protective Order

1 confidentiality of discovery materials, to adequately protect information one or more of

2 the parties assert they are entitled to keep confidential, to ensure that the parties are

3 permitted reasonable necessary uses of such material in preparation for and in the

4 conduct of trial, to address their handling at the end of the litigation, and serve the ends

5 of justice, a protective order for such information is justified in this matter. It is the

6 intent of the parties that information will not be designated as confidential for tactical

7 reasons and that nothing be so designated without a good faith belief that it has been

8 maintained in a confidential, non-public manner, and there is good cause why it should

9 not be part of the public record of this case.

11 2. DEFINITIONS

12 2.1. Action: this pending federal lawsuit Central District civil case number

13 2:19-cv-07335 DSF (PLAx) and no other lawsuit.

14 2.2. Challenging Party: a Party or Non-Party that challenges the designation of

15 information or items under this Order.

16 2.3. “CONFIDENTIAL” Information or Items: information (regardless of how

17 it is generated, stored or maintained) or tangible things that qualify for protection under

18 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

19 Statement.

20 2.4. Counsel: Outside Counsel of Record and House Counsel (as well as their

21 support staff).

22 2.5. Designating Party: a Party or Non-Party that designates information or

23 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL”

24 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

25 2.6. Disclosure or Discovery Material: all items or information, regardless of

26 the medium or manner in which it/they is/are generated, stored, or maintained

1 (including, among other things, testimony, transcripts, and tangible things), that are

2 produced or generated in disclosures or responses to discovery in this matter.

3 2.7. Expert: a person with specialized knowledge or experience in a matter

4 pertinent to the litigation who has been retained by a Party or its counsel to serve as an

5 expert witness or as a consultant in this Action.

6 2.8. House Counsel: Employees of a party to this Action who act as counsel in

7 providing legal advice to a party to this Action. House Counsel does not include Outside

8 Counsel of Record or any other outside counsel.

9 2.9. Non-Party: any natural person, partnership, corporation, association, or

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

11 2.10. Outside Counsel of Record: attorneys who are not employees of a party to

12 this Action but are retained to represent or advise a party to this Action and have

13 appeared in this Action on behalf of that party or are affiliated with a law firm that has

14 appeared on behalf of that party, including support staff.

15 2.11. Party: any party to this Action, including all of its officers, directors,

16 consultants, retained experts, and Outside Counsel of Record (and their support staffs).

17 2.12. Producing Party: a Party or Non-Party that produces Disclosure or

18 Discovery Material in this Action.

19 2.13. Professional Vendors: persons or entities that provide litigation support

20 services (e.g., photocopying, videotaping, translating, preparing exhibits or

21 demonstrations, and organizing, storing, or retrieving data in any form or medium) and

22 their employees and subcontractors.

23 2.14. Protected Material: any Disclosure or Discovery Material that is

24 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

25 EYES ONLY.”

26 2.15. Receiving Party: a Party that receives any Disclosure or Discovery

27 Material from a Producing Party.

1 2.16. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

2 Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items,

3 the disclosure of which to another Party or Non-Party would create a substantial risk of

4 serious harm that could not be avoided by less restrictive means.

6 3. SCOPE

7 The protections conferred by this Stipulation and Order cover not only Protected

8 Material (as defined above), but also (1) any information copied or extracted from

9 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

10 Material; and (3) any testimony, conversations, or presentations by Parties or their

11 Counsel that might reveal Protected Material.

12 Any use of Protected Material at trial shall be governed by the orders of the trial

13 judge. This Order does not govern the use of Protected Material at trial.

15 4. DURATION

16 Once a case proceeds to trial, all of the court-filed information to be introduced

17 that was previously designated as confidential or maintained pursuant to this protective

18 order becomes public and will be presumptively available to all members of the public,

19 including the press, unless compelling reasons supported by specific factual findings to

20 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v.

21 City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing

22 “good cause” showing for sealing documents produced in discovery from “compelling

23 reasons” standard when merits-related documents are part of court record).

24 Accordingly, the terms of this Protective Order do not extend beyond the

25 commencement of the trial.

1 5. DESIGNATING PROTECTED MATERIAL

2 5.1. Exercise of Restraint and Care in Designating Material for Protection.

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

4 Order must take care to limit any such designation to specific material that qualifies

5 under the appropriate standards. The Designating Party must designate for protection

6 only those parts of material, documents, items, or oral or written communications that

7 qualify so that other portions of the material, documents, items, or communications for

8 which protection is not warranted are not swept unjustifiably within the ambit of this

9 Order.

10 Mass, indiscriminate, or routinized designations are prohibited. Designations that

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

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

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

14 to sanctions.

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

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

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

18 5.2. Manner and Timing of Designations. Except as otherwise provided in this

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

20 or ordered, Disclosure or Discovery Material that qualifies for protection under this

21 Order must be clearly so designated before the material is disclosed or produced.

22 Designation in conformity with this Order requires:

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

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

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

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

27 contains protected material, in a manner that does not obscure the protected matter or

1 render it difficult to read. If only a portion or portions of the material on a page qualifies

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

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

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

5 need not designate them for protection until after the inspecting Party has indicated

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

7 the designation, all of the material made available for inspection shall be deemed

8 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

9 copied and produced, the Producing Party must determine which documents, or portions

10 thereof, qualify for protection under this Order. Then, before producing the specified

11 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page

12 that contains Protected Material in such a manner so as not to obscure the protected

13 matter or render it difficult to read. If only a portion or portions of the material on a

14 page qualifies for protection, the Producing Party also must clearly identify the

15 protected portion(s) (e.g., by making appropriate markings in the margins).

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

17 identify the Disclosure or Discovery Material on the record, before the close of the

18 deposition.

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

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

21 exterior of the container or containers in which the information is stored the legend

22 “CONFIDENTIAL.” If only a portion or portions of the information warrants

23 protection, the Producing Party, to the extent practicable, shall identify the protected

24 portion(s).

25 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

27 Designating Party’s right to secure protection under this Order for such material. Upon

1 timely correction of a designation, the Receiving Party must make reasonable efforts to

2 assure that the material is treated in accordance with the provisions of this Order.

3 5.4. Designating Material as HIGHLY CONFIDENTIAL - ATTORNEYS’

4 EYES ONLY.

5 (a) Designations with a higher confidentiality level when a lower level

6 would suffice are prohibited.

7 (b) The Producing Party must affix the legend “HIGHLY

8 CONFIDENTIAL - ATTORNEYS’ EYES ONLY”: (i) to each page that contains

9 Protected Material that qualifies for such protection under this Order when such

10 information is in documentary form, and (ii) on the exterior of the container(s) in which

11 the Protected Material that qualifies for such protection under this Order is stored when

12 such information is produced in some form other than documentary and for any other

13 tangible item.

14 (c) When a Party or Non-Party makes original documents available for

15 inspection and that Party or Non-Party notifies the inspecting party that the documents

16 include information that is HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES

17 ONLY, all of the material made available for inspection shall be deemed HIGHLY

18 CONFIDENTIAL - ATTORNEYS’ EYES ONLY during the inspection. After the

19 inspecting Party has identified the documents it wants copied or produced, the

20 Producing Party must affix the legend “HIGHLY CONFIDENTIAL - ATTORNEYS’

21 EYES ONLY” to each page that contains Protected Material that qualifies for such

22 protection under this Order.

23 (d) Except as expressly provided under subsections (a) through (c) of

24 this Section 5.4, the manner and timing of designations of Disclosure or Discovery

25 Material as HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY shall be

26 governed by Sections 5.1 through 5.3 of this Order.

1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

2 6.1. Timing of Challenges. Any Party or Non-Party may challenge a

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

4 Order.

5 6.2. Meet and Confer. The Challenging Party shall initiate the dispute

6 resolution process under Local Rule 37-1, et seq. Any discovery motion must strictly

7 comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3.

8 6.3. Burden. The burden of persuasion in any such challenge proceeding shall

9 be on the Designating Party. Frivolous challenges, and those made for an improper

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

11 may expose the Challenging Party to sanctions. Unless the Designating Party has

12 waived or withdrawn the confidentiality designation, all parties shall continue to afford

13 the material in question the level of protection to which it is entitled under the Producing

14 Party’s designation until the Court rules on the challenge.

16 7. ACCESS TO AND USE OF PROTECTED MATERIAL

17 7.1. Basic Principles. A Receiving Party may use Protected Material that is

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

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

20 Material may be disclosed only to the categories of persons and under the conditions

21 described in this Order. When the Action has been terminated, a Receiving Party must

22 comply with the provisions of section 13 below (FINAL DISPOSITION).

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

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

25 authorized under this Order.

26 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless

27 otherwise ordered by the Court or permitted in writing by the Designating Party, a

1 Receiving Party may disclose any information or item designated “CONFIDENTIAL”

2 only to:

3 (a) a Party;

4 (b) the Receiving Party’s Outside Counsel of Record in this Action, as well as

5 employees of said Outside Counsel of Record to whom it is reasonably necessary to

6 disclose the information for this Action;

7 (c) the officers, directors, and House Counsel of the Receiving Party to whom

8 disclosure is reasonably necessary for this Action;

9 (d) Experts (as defined in this Order) of the Receiving Party to whom

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

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

12 (e) the Court and its personnel;

13 (f) court reporters and their staff;

14 (g) professional jury or trial consultants, mock jurors, and Professional

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

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

17 (h) the author or recipient of a document containing the information or a

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

19 (i) during their depositions, witnesses, and attorneys for witnesses, in the

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

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

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

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

24 by the Designating Party or ordered by the Court. Pages of transcribed deposition

25 testimony or exhibits to depositions that reveal Protected Material may be separately

26 bound by the court reporter and may not be disclosed to anyone except as permitted

27 under this Stipulated Protective Order; and

1 (j) any mediator or settlement officer, and their supporting personnel,

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

3 7.3. Disclosure of “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES

4 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in

5 writing by the Designating Party, a Receiving Party may disclose any information or

6 item designated as HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY only

7 to:

8 (a) the Receiving Party’s Outside Counsel of Record (Lathrop GPM, Hadsell

9 Stormer Renick & Dai LLP, Scott Wagner & Associates, P.A., and Robert D. Newman,

10 Attorney at Law only) in this Action, any law firm or attorney that associates in or enters

11 an appearance as counsel of record for a party to this Action (“New Counsel”), as well

12 as employees of said Outside Counsel of Record and New Counsel to whom it is

13 reasonably necessary to disclose the information for this Action;

14 (b) A maximum of two (2) House Counsel of the Receiving Party to whom

15 disclosure is reasonably necessary for this Action, but not including Colleen Glynn,

16 and only if House Counsel signs the “Acknowledgment and Agreement to Be

17 Bound” (Exhibit A);

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

19 is reasonably necessary for this Action and who have signed the “Acknowledgment and

20 Agreement to Be Bound” (Exhibit A);

21 (d) the Court and its personnel;

22 (e) court reporters and their staff;

23 (f) during their depositions, witnesses, and attorneys for witnesses, in the Action

24 to whom disclosure is reasonably necessary in connection with the deposition itself,

25 i.e., when the Highly Confidential – Attorneys’ Eyes Only information is to be

26 shown or discussed with the deposition witness provided: (1) the designating party

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

1 not be permitted to keep any confidential information unless otherwise agreed by the

2 Designating Party or ordered by the Court. Pages of transcribed deposition testimony

3 or exhibits to depositions that reveal Protected Material may be separately bound by the

4 court reporter and may not be disclosed to anyone except as permitted under this Order;

5 and

6 For all other persons, the Parties will meet and confer on a case-by-case basis

7 whether any information or item designated as “HIGHLY CONFIDENTIAL –

8 ATTORNEYS’ EYES ONLY” may be disclosed. Any Party who wishes to challenge

9 the disclosure or non-disclosure shall initiate the dispute resolution process under Local

10 Rule 37-1, et seq. Any discovery motion must strictly comply with the procedures set

11 forth in Local Rules 37-1, 37-2, and 37-3. Unless the Challenging Party has waived or

12 withdrawn in writing the confidentiality designation, all Parties shall continue to afford

13 the material in question the level of protection to which it is entitled under the

14 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation until the

15 Court rules on the challenge.

16 7.4 Protected Material Designated as HIGHLY CONFIDENTIAL -

17 ATTORNEYS’ EYES ONLY Subpoenaed or Ordered Produced in Other Litigation. If

18 a Party is served with a subpoena or a court order issued in other litigation that compels

19 disclosure of any information or items designated in this Action as “HIGHLY

20 CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” that Party must comply with all of

21 the obligations, terms, and provisions set forth in Section 8 of this Order with respect

22 to such information or items designated as “HIGHLY CONFIDENTIAL -

23 ATTORNEYS’ EYES ONLY.”

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 that

4 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 shall

7 include a copy of the subpoena or court order;

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

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

10 order is subject to this Protective Order. Such notification shall include a copy of this

11 Stipulated Protective Order; and

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

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

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

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

16 “CONFIDENTIAL” before a determination by the court from which the subpoena or

17 order issued, unless the Party has obtained the Designating Party’s permission. The

18 Designating Party shall bear the burden and expense of seeking protection in that court

19 of its confidential material and nothing in these provisions should be construed as

20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive

21 from another court.

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 Non-

26 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

27 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by

1 Non-Parties in connection with this litigation is protected by the remedies and relief

2 provided by this Order. Nothing in these provisions should be construed as prohibiting

3 a Non-Party from seeking additional protections.

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

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

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

7 information, then the Party shall:

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

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

10 with a Non-Party;

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

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

13 specific description of the information requested; and

14 3) make the information requested available for inspection by the Non-

15 Party, if requested.

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

17 days of receiving the notice and accompanying information, the Receiving Party may

18 produce the Non-Party’s confidential information responsive to the discovery request.

19 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

20 any information in its possession or control that is subject to the confidentiality

21 agreement with the Non-Party before a determination by the Court. Absent a court order

22 to the contrary, the Non-Party shall bear the burden and expense of seeking protection

23 in this Court of its Protected Material.

25 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

2 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

3 all unauthorized copies of the Protected Material, (c) inform the person or persons to

4 whom unauthorized disclosures were made of all the terms of this Order, and (d) request

5 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”

6 that is attached hereto as Exhibit A.

8 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

9 PROTECTED MATERIAL

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

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

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

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

14 may be established in an e-discovery order that provides for production without prior

15 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

16 parties reach an agreement on the effect of disclosure of a communication or

17 information covered by the attorney-client privilege or work product protection, the

18 parties may incorporate their agreement in the stipulated protective order submitted to

19 the Court.

21 12. MISCELLANEOUS

22 12.1. Right to Further Relief. Nothing in this Order abridges the right of any

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

24 12.2. Right to Assert Other Objections. By stipulating to the entry of this

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

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

27 Stipulated Protective Order. Similarly, no Party waives any right to object that

1 information or items should not be identified as CONFIDENTIAL or HIGHLY

2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY or to object on any ground to use in

3 evidence of any of the material covered by this Protective Order.

4 12.3. Filing Protected Material. A Party that seeks to file under seal any

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

6 only be filed under seal pursuant to a court order authorizing the sealing of the specific

7 Protected Material at issue; good cause must be shown in the request to file under seal.

8 If a Party’s request to file Protected Material under seal is denied by the Court, then the

9 Receiving Party may file the information in the public record unless otherwise

10 instructed by the Court.

12 13. FINAL DISPOSITION

13 After the final disposition of this Action, within 60 days of a written request by

14 the Designating Party, each Receiving Party must return all Protected Material to the

15 Producing Party or destroy such material. As used in this subdivision, “all Protected

16 Material” includes all copies, abstracts, compilations, summaries, and any other format

17 reproducing or capturing any of the Protected Material. Whether the Protected Material

18 is returned or destroyed, the Receiving Party must submit a written certification to the

19 Producing Party (and, if not the same person or entity, to the Designating Party) by the

20 60 day deadline that (1) identifies (by category, where appropriate) all the Protected

21 Material that was returned or destroyed, and (2) affirms that the Receiving Party has not

22 retained any copies, abstracts, compilations, summaries or any other format reproducing

23 or capturing any of the Protected Material. Notwithstanding this provision, counsel are

24 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and

25 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits,

26 expert reports, attorney work product, and consultant and expert work product, even if

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

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

2 Section 4 (DURATION).

4 14. VIOLATION OF ORDER

5 Any violation of this Order may be punished by any and all appropriate measures

6 including, without limitation, contempt proceedings and/or monetary sanctions.

8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

11 Dated: October 28, 2020

HADSELLSTORMERRENICK&DAI LATHROPGPMLLP

14 LLP

/s/ Theresa Zhen /s/ Laura Reathaford

16 Dan Stormer Laura Reathaford

Barbara Enloe Hadsell Attorneys for Defendants

17 Theresa Zhen OLYMPUSAT, INC., TOM MOHLER,

Tanya Sukhija-Cohen, OLYMPUSAT HOLDINGS, INC.,

18 Attorneys for Plaintiff OCEAN NEW MEDIA, LLC and

OCEAN COMMUNICATIONS, INC.

SCOTT WAGNER AND

ASSOCIATES, P.A.

/s/ Lindsey B. Wagner

Lindsey B. Wagner, Esq.

24 Attorneys for Plaintiff MARIA LUZ

ZUCCHELLA

ROBERT D. NEWMAN

ATTORNEY AT LAW

/s/ Robert D. Newman

Robert D. Newman, Esq.

3 Attorneys for Plaintiff MARIA LUZ

ZUCCHELLA

EXHIBIT A

1 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

2 The undersigned hereby acknowledges that he or she has received and read a

3 copy of the Protective Order entered in Maria Luz Zucchella v. Olympusat, Inc., et. al.,

4 Case No. 2:19-cv-07335 DSF (PLAx).

5 The undersigned agrees to hold in confidence and not to disclose to anyone other

6 than those persons specifically authorized by the Protective Order, and not to copy or

7 use except for purposes of this action, any information designated Confidential

8 Information that he or she receives in this case.

9 The undersigned further agrees to be bound by all of the terms thereof, and further

10 agrees that the United States District Court for the Central District of California, may

11 exercise jurisdiction over him or her to enforce such Protective Order.

13 Dated:

(Name) _____________________________

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.