Peter T. Erdelyi and Associates v. Optimum Seismic, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 PETER T. ERDELYI & ASSOCIATES, a Case No.: 2:20-cv-11066-JVS-GJSx

California Corporation,

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Plaintiff, [PROPOSED] STIPULATED

13 PROTECTIVE ORDER

vs.

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OPTIMUM SEISMIC, INC., a California

15 Corporation, and DOES 1-10,

16 Defendants.

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OPTIMUM SEISMIC, INC., a California

19 Corporation,

20 Third-Party Plaintiff,

21 v.

KMS STRUCTURAL DESIGN, INC., a

22 California Corporation, KAMALEDDIN M.

SADEGHI, an individual, dba KMS

23 STRUCTURAL DESIGN ENGINEERS, and

ROES 1-5,

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Third-Party Defendants.

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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 B. GOOD CAUSE STATEMENT

12 This action is likely to involve trade secrets, customer and pricing lists and

13 other valuable research, development, commercial, financial, technical and/or

14 proprietary information for which special protection from public disclosure and

15 from use for any purpose other than prosecution of this action is warranted. Such

16 confidential and proprietary materials and information consist of, among other

17 things, confidential business or financial information, information regarding

18 confidential business practices, or other confidential research, development, or

19 commercial information (including information implicating privacy rights of third

20 parties), information otherwise generally unavailable to the public, or which may be

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

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

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

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

25 confidential, to ensure that the parties are permitted reasonable necessary uses of

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

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

1 will not be designated as confidential or attorneys’ eyes only for tactical reasons and

2 that nothing be so designated without a good faith belief that it has been maintained

3 in a confidential, non-public manner, and there is good cause why it should not be

4 part of the public record of this case, or, in the case of the most competitively

5 sensitive material, why it should be produced solely on an attorneys’ eyes only

6 basis.

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C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

8 SEAL

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

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

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

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

13 to file material under seal.

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

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

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

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

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

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

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

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

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

23 designation of Disclosure or Discovery Material as “CONFIDENTIAL” or

24 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without

25 the submission of competent evidence by declaration, establishing that the material

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

27 protectable—constitute good cause.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15 2. DEFINITIONS

16 2.1 Action: This pending federal lawsuit, Peter T. Erdelyi & Associates v.

17 Optimum Seismic, Inc., et al., No. 2:20-cv-11066-JVS-GJSx.

18 2.2 Challenging Party: A Party or Non-Party that challenges the

19 designation of information or items under this Order.

20 2.3 “CONFIDENTIAL” Information or Items: Information (regardless

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

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

23 the Good Cause Statement.

24 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

25 Information or Items: Extremely sensitive “Confidential Information or Items,”

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

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

1 2.6 Designating Party: A Party or Non-Party that designates information

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

3 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

4 ONLY.”

5 2.7 Disclosure or Discovery Material: all items or information,

6 regardless of the medium or manner in which it is generated, stored, or maintained

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

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

9 2.8 Expert: A person with specialized knowledge or experience in a

10 matter pertinent to the litigation who has been retained by a Party or its counsel to

11 serve as an expert witness or as a consultant in this Action.

12 2.9 House Counsel: Attorneys who are employees of a disclosing entity,

13 e.g. Amazon.com, but no “Attorneys’ Eyes Only” documents shall be disclosed to

14 House Counsel, if any, of the parties to this Action. House Counsel does not include

15 Outside Counsel of Record.

16 2.10 Non-Party: Any natural person, partnership, corporation, association

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

18 2.11 Outside Counsel of Record: Attorneys who are not employees of a

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

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

21 that has appeared on behalf of that party, and includes support staff.

22 2.12 Party: Any party to this Action, including all of its officers, directors,

23 employees, consultants, retained experts, and Outside Counsel of Record (and their

24 support staffs).

25 2.13 Producing Party: A Party or Non-Party that produces Disclosure or

26 Discovery Material in this Action.

27 2.14 Professional Vendors: Persons or entities that provide litigation

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

2 and their employees and subcontractors.

3 2.15 Protected Material: Any Disclosure or Discovery Material that is

4 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

5 ATTORNEYS’ EYES ONLY.”

6 2.16 Receiving Party: A Party that receives Disclosure or Discovery

7 Material from a Producing Party.

8 3. SCOPE

9 The protections conferred by this Stipulation and Order cover not only

10 Protected Material (as defined above), but also (1) any information copied or

11 extracted from Protected Material; (2) all copies, excerpts, summaries, or

12 compilations of Protected Material; and (3) any testimony, conversations, or

13 presentations by Parties, Non-Parties, or their Counsel that might reveal Protected

14 Material.

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

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

17 4. DURATION

18 FINAL DISPOSITION of the action is defined as the conclusion of any

19 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal

20 has run. Except as set forth below, the terms of this protective order apply through

21 FINAL DISPOSITION of the action. The parties may stipulate that they will be

22 contractually bound by the terms of this agreement beyond FINAL DISPOSITION,

23 but will have to file a separate action for enforcement of the agreement once all

24 proceedings in this case are complete.

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

26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

27 ONLY,” or maintained pursuant to this protective order used or introduced as an

1 the public, including the press, unless compelling reasons supported by specific

2 factual findings to proceed otherwise are made to the trial judge in advance of the

3 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for

4 sealing documents produced in discovery from “compelling reasons” standard when

5 merits-related documents are part of court record). Accordingly, for such materials,

6 the terms of this protective order do not extend beyond the commencement of the

7 trial.

8 5. DESIGNATING PROTECTED MATERIAL

9 5.1 Exercise of Restraint and Care in Designating Material for

10 Protection. Each Party or Non-Party that designates information or items for

11 protection under this Order must take care to limit any such designation to specific

12 material that qualifies under the appropriate standards. The Designating Party must

13 designate for protection only those parts of material, documents, items or oral or

14 written communications that qualify so that other portions of the material,

15 documents, items or communications for which protection is not warranted are not

16 swept unjustifiably within the ambit of this Order.

17 Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

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

21 Party to sanctions.

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

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

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

25 5.2 Manner and Timing of Designations. Except as otherwise provided

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

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

1 produced.

2 Designation in conformity with this Order requires:

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

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

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

6 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or “HIGHLY

7 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (“HIGHLY CONFIDENTIAL–

8 ATTORNEYS’ EYES ONLY legend”) to each page that contains protected

9 material. If only a portion of the material on a page qualifies for protection, the

10 Producing Party also must clearly identify the protected portion(s) (e.g., by making

11 appropriate markings in the margins).

12 A Party or Non-Party that makes original documents available for in-person

13 inspection may, but need not, designate them for protection until after the Inspecting

14 Party has indicated which documents it would like copied and produced. Any such

15 inspection may only be conducted by Outside Counsel of Record for the Inspecting

16 Party outside the presence of that Party or its House Counsel. During the inspection

17 and before the designation, the Inspecting Party’s Outside Counsel of Record may

18 not record or photograph any document without the Producing Party’s permission,

19 and all of the material made available for inspection shall be deemed “HIGHLY

20 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the Inspecting Party has

21 identified the documents it wants copied and produced, the Producing Party must

22 determine which documents, or portions thereof, qualify for protection under this

23 Order. Then, before producing the specified documents, the Producing Party must

24 affix the “CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL –

25 ATTORNEYS’ EYES ONLY legend” to each page that contains Protected Material.

26 If only a portion of the material on a page qualifies for protection, the Producing

27 Party also must clearly identify the protected portion(s) (e.g., by making appropriate

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

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

3 deposition all protected testimony. When it is impractical to identify separately each

4 portion of testimony that is entitled to protection, and when it appears that

5 substantial portions of the testimony may qualify for protection, the Party or

6 nonparty that sponsors, offers, or gives the testimony or that claims confidentiality

7 may invoke, on the record before the deposition is concluded or by written

8 communication within 48 hours after the deposition’s conclusion, a right to have up

9 to 30 days to identify the specific portions of the testimony as to which protection is

10 sought and to specify the level of protection being asserted (“CONFIDENTIAL” or

11 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”), during which thirty-

12 day designation period the entirety of the transcript shall be treated as HIGHLY

13 CONFIDENTIAL – ATTORNEYS’ EYES ONLY. Only those portions that are

14 appropriately designated for protection within the 30 days shall be covered by the

15 provisions of this Stipulated Protective Order after the 30-day designation period.

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

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

18 the exterior of the container or containers in which the information is stored, or for

19 electronic files in the file name or accompanying correspondence, the legend

20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

21 ONLY.” If only a portion or portions of the information warrants protection, the

22 Producing Party, to the extent practicable, shall identify the protected portion(s).

23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

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

4 Scheduling Order.

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

6 resolution process under Local Rule 37.1 et seq.

7 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

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

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

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

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

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

14 challenge.

15 7. ACCESS TO AND USE OF PROTECTED MATERIAL

16 7.1 Basic Principles. A Receiving Party may use Protected Material that

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

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

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

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

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

22 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 “CONFIDENTIAL” only to:

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

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

4 necessary to disclose the information for this Action;

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

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

7 (c) experts (as defined in this Order) of the Receiving Party to whom

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

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

10 (d) the court and its personnel;

11 (e) court reporters and their staff;

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

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

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

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

16 custodian or other person who is shown, in written or oral evidence, or foundation

17 laid in deposition testimony, otherwise possesses or knows the information;

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

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

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

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

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

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

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

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

26 as permitted under this Stipulated Protective Order; and

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

1 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’

2 EYES ONLY” Information or Items. Unless otherwise ordered by the court or

3 permitted in writing by the Designating Party, a Receiving Party may disclose any

4 information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’

5 EYES ONLY” only to:

6 (a) the Receiving Party’s Outside Counsel of Record, and employees of

7 the Outside Counsel of Record to whom it is reasonably necessary to disclose the

8 information for this Action;

9 (b) 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) prior to receiving

12 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY materials; provided,

13 however, that before a Receiving Party may disclose, directly or indirectly, any

14 information designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

15 ONLY,” the Receiving Party must email written notice to the Designating Party’s

16 outside counsel of record the following information regarding such expert or

17 consultant: (i) an Executed Exhibit A; (ii) confirmation that the expert or consultant

18 has been advised in writing that his or her disclosure of information designated

19 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the Receiving

20 Party is prohibited; and (iii) the outside consultant’s current curriculum vitae or

21 other description setting forth the person’s name and office address, his or her

22 present employer with job title and job description, any business or personal

23 relationship to any of the Parties (aside from being retained to consult and/or

24 provide testimony in the Action), and a brief job history for the past five years;

25 (c) court and its personnel;

26 (d) court reporters and their staff;

27 (e) professional jury or trial consultants, mock jurors, and Professional

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

2 (f) the author or recipient of a document containing the information or a

3 custodian or other person who is shown, in written or oral evidence, or foundation

4 laid in deposition testimony, otherwise possesses or knows the information;

5 (g) the Designating party’s own employees, officers and directors, solely

6 as to the Designating party’s own “HIGHLY CONFIDENTIAL-ATTORNEYS’

7 EYES ONLY” material;

8 (h) during their depositions, third-party witnesses and attorneys for third-

9 party witnesses, in the Action to whom disclosure is reasonably necessary, provided:

10 (1) no party or nonparty objects to the proposed disclosure to the third-party witness

11 or attorney for the third-party witness; (2) the deposing party requests that the third-

12 party witness sign the form attached as Exhibit 1; (3) prior to any disclosure, the

13 deposing party consults with the Designating Party and counsel participating in the

14 deposition in order to determine whether a party or nonparty objects to the

15 disclosure; and (4) the third-party witness and his or her attorney may not keep any

16 confidential information unless they sign the “Acknowledgment and Agreement to

17 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered

18 by the court. Pages of transcribed deposition testimony or exhibits to depositions

19 that reveal Protected Material may be separately bound by the court reporter and

20 may not be disclosed to anyone except as permitted under this Stipulated Protective

21 Order; and

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

23 mutually agreed upon by the parties engaged in settlement discussions.

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8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

25 PRODUCED IN OTHER LITIGATION

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

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

1 ONLY,” that Party must:

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

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

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

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

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

7 a copy of this Stipulated Protective Order; and

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

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

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

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

12 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

13 EYES ONLY” before a determination by the court from which the subpoena or

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

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

16 court of its confidential material and nothing in these provisions should be construed

17 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful

18 directive from another court.

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

20 PRODUCED IN THIS LITIGATION

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

22 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

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

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

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

26 prohibiting a Non-Party from seeking additional protections.

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

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

2 confidential information, then the Party shall:

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

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

5 agreement with a Non-Party;

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

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

8 specific description of the information requested; and

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

10 Non-Party, if requested.

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

12 14 days of receiving the notice and accompanying information, the Receiving Party

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

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

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

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

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

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

19 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

24 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

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

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

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

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2 PROTECTED MATERIAL

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

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

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

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

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

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

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

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

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

12 protective order submitted to the court.

13 12. MISCELLANEOUS

14 12.1 Right to Further Relief. Nothing in this Order abridges the right of

15 any person to seek its modification by the Court in the future.

16 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

21 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

23 may only be filed under seal pursuant to a court order authorizing the sealing of the

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

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

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

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

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

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

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

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

6 || Material. Whether the Protected Material is returned or destroyed, the Receiving

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

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

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

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

11 || abstracts, compilations, summaries or any other format reproducing or capturing any

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

13 |] retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

14 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

15 || reports, attorney work product, and consultant and expert work product, even if such

16 || materials contain Protected Material. Any such archival copies that contain or

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

18 || Section 4 (DURATION).

19 || 14. VIOLATION

20 Any violation of this Order may be punished by appropriate measures

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

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23 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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25 || DATED: September 14,2021

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27

28 United States Magistrate Judge

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

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

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

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

7 on __________, 2020, in the case of Peter T. Erdelyi & Associates v. Optimum

8 Seismic, Inc., et al., No. 2:20-cv-11066-JVS-GJSx. I agree to comply with and to be

9 bound by all the terms of this Stipulated Protective Order and I understand and

10 acknowledge that failure to so comply could expose me to sanctions and punishment

11 in the nature of contempt. I solemnly promise that I will not disclose in any manner

12 any information or item that is subject to this Stipulated Protective Order to any

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

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

15 for the Central District of California for enforcing the terms of this Stipulated

16 Protective Order, even if such enforcement proceedings occur after termination of

17 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