distinguishing “good cause” showing for sealing documents produced in 12 | discovery from “compelling reasons” standard when merits-related documents are 13 | part of court record
How later courts described this case
- distinguishing “good cause” showing for sealing documents produced in 12 | discovery from “compelling reasons” standard when merits-related documents are 13 | part of court record
Written by the judges who cited it.
The opinion
1 | MARC E. MAYER (SBN 190969)
memicumek on
2 ERBERG & KNUPP LLP
2049 Century Park East, 18th Floor
3 | Los Angeles, CA 90067-3120
Telephone: Gt%) 312-2000
4 | Facsimile: (310) 312-3100
5 | Attorneys for Defendants / Counterclaimants
‘ Interscope Records and Brianna Castro
MATTHEW M. HOESLY
7 See ee C
8 | 2424 S.E. Bristol Street, Suite 300
Newport Beach, CA 92660
9 | Telephone: (949) 936-0608
Facsimile: (415) 520-6593
Attorneys fo Plaintiff, Briana Cash
11 | Additional Plaintiff"s Counsel Listed on
Signature Page
12
UNITED STATES DISTRICT COURT
1
; CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION
14
BRIANA CASH, CASE NO. 2:22-cv-01900-ODW (MAA»
1
° Plaintiff, Judge Otis D. Wright, II
16 y. STIPULATED
17 PROTECTIVE ORDER
INTERSCOPE RECORDS, a division
1g | of UMG RECORDINGS, INC., a .
Delaware corporation; and BRIANNA [Discovery Document: Referred to
19 | CASTRO, agistrate Judge Maria A. Audero]
20 Defendants.
FAC Filed: July 21, 2022
21 _ CC Filed: Aug. 22, 2022
INTERSCOPE RECORDS, a division
22 | of U€MG RECORDINGS, INC., and Final Pretrial Conference: Sept. 18, 2023
BRIANNA CASTRO, Trial Date: Oct. 10, 2023
23
Counterclaimants,
24
V.
25
BRIANA CASH,
26 Counterclaim Defendant.
27
28
1)/1. 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 | Stipulated Protective Order does not confer blanket protections on all disclosures
8 | or responses to discovery and that the protection it affords from public disclosure
9 | and use extends only to the limited information or items that are entitled to
10 | confidential treatment under the applicable legal principles. The parties further
11 | acknowledge, as set forth in Section 13.3 below, that this Stipulated Protective
12 | Order does not entitle them to file confidential information under seal; Local Rule
13 | 79-5 sets forth the procedures that must be followed and the standards that will be
14 | applied when a party seeks permission from the Court to file material under seal.
15/2. GOOD CAUSE STATEMENT
16 This action is likely to involve trade secrets, personal, commercial, financial,
17 | technical and/or proprietary information for which special protection from public
18 | disclosure and from use for any purpose other than prosecution of this action is
19 | warranted. Such confidential and proprietary materials and information consist of,
20 | among other things, confidential business or financial information, information
21 | regarding confidential business practices, or other confidential research,
22 | development, or commercial information (including information implicating
23 | privacy rights of third parties), information otherwise generally unavailable to the
24 | public, or which may be privileged or otherwise protected from disclosure under
25 | state or federal statutes, court rules, case decisions, or common law. Accordingly,
26 | to expedite the flow of information, to facilitate the prompt resolution of disputes
27 | over confidentiality of discovery materials, to adequately protect information the
28 | parties are entitled to keep confidential, to ensure that the parties are permitted
1 | reasonable necessary uses of such material in preparation for and in the conduct of
2 | trial, to address their handling at the end of the litigation, and to serve the ends of
3 | justice, a protective order for such information is justified in this matter. It is the
4 | intent of the parties that information will not be designated as confidential for
5 | tactical reasons and that nothing be so designated without a good faith belief that it
6 | has been maintained in a confidential, non-public manner, and there is good cause
7 | why it should not be part of the public record of this case.
8/3. DEFINITIONS
9 3.1 Action: The above-captioned lawsuit.
10 3.2 Challenging Party: A Party or Nonparty that challenges the
11 | designation of information or items under this Stipulated Protective Order.
12 3.3 “CONFIDENTIAL” Information or Items: Information (regardless of
13 | how it is generated, stored or maintained) or tangible things that qualify for
14 | protection under Federal Rule of Civil Procedure 26(c), and as specified above in
15 | the Good Cause Statement.
16 3.4 Counsel: Outside Counsel of Record and In-House Counsel (as well
17 | as their support staff).
18 3.5. Designating Party: A Party or Nonparty that designates information or
19 | items that it produces in disclosures or in responses to discovery as
20 | “CONFIDENTIAL.”
21 3.6 Disclosure or Discovery Material: All items or information, regardless
22 | of the medium or manner in which it is generated, stored, or maintained (including,
23 | among other things, testimony, transcripts, and tangible things), that is produced or
24 | generated in disclosures or responses to discovery in this matter,
25 3.7 Expert: A person with specialized knowledge or experience in a
26 | matter pertinent to the litigation who has been retained by a Party or its counsel to
27 | serve as an expert witness or as a consultant in this Action.
28
Be
1 3.8 In-House Counsel: Attorneys who are employees of a party to this
2 | Action. In-House Counsel does not include Outside Counsel of Record or any
3 | other outside counsel.
4 3.9 Nonparty: Any natural person, partnership, corporation, association,
5 | or other legal entity not named as a Party to this action.
6 3.10 Outside Counsel of Record: Attorneys who are not employees of a
7 | party to this Action but are retained to represent or advise a party to this Action
8 | and have appeared in this Action on behalf of that party or are affiliated with a law
9 | firm which has appeared on behalf of that party, and includes support staff.
10 3.11 Party: Any party to this Action, including all of its officers, directors,
11 | employees, consultants, retained experts, In-House Counsel, and Outside Counsel
12 | of Record (and their support staffs).
13 3.12 Producing Party: A Party or Nonparty that produces Disclosure or
14 | Discovery Material in this Action.
15 3.13 Professional Vendors: Persons or entities that provide litigation
16 | support services (e.g., photocopying, videotaping, translating, preparing exhibits or
17 | demonstrations, and organizing, storing, or retrieving data in any form or medium)
18 | and their employees and subcontractors.
19 3.14 Protected Material: Any Disclosure or Discovery Material that is
20 | designated as “CONFIDENTIAL.”
21 3.15 Receiving Party: A Party that receives Disclosure or Discovery
22 | Material from a Producing Party.
23|4. SCOPE
24 The protections conferred by this Stipulated Protective Order cover not only
25 | Protected Material, but also (1) any information copied or extracted from Protected
26 | Material; (2) all copies, excerpts, summaries, or compilations of Protected
27 | Material; and (3) any testimony, conversations, or presentations by Parties or their
28 | Counsel that might reveal Protected Material.
1 Any use of Protected Material at trial shall be governed by the orders of the
2 | trial judge. This Stipulated Protective Order does not govern the use of Protected
3 | Material at trial.
4/5. DURATION
5 Once a case proceeds to trial, all of the information that was designated as
6 | confidential or maintained pursuant to this Stipulated Protective Order becomes
7 | public and presumptively will be available to all members of the public, including
8 | the press, unless compelling reasons supported by specific factual findings to
9 | proceed otherwise are made to the trial judge in advance of the trial. See
10 | Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir,
11 | 2006) (distinguishing “good cause” showing for sealing documents produced in
12 | discovery from “compelling reasons” standard when merits-related documents are
13 | part of court record). Accordingly, the terms of this Stipulated Protective Order do
14 | not extend beyond the commencement of the trial.
15/6. DESIGNATING PROTECTED MATERIAL
16 6.1 Exercise of Restraint and Care in Designating Material for Protection.
17 Each Party or Nonparty that designates information or items for protection
18 | under this Stipulated Protective Order must take care to limit any such designation
19 | to specific material that qualifies under the appropriate standards. The Designating
20 | Party must designate for protection only those parts of material, documents, items,
21 | or oral or written communications that qualify so that other portions of the
22 | material, documents, items, or communications for which protection is not
23 | warranted are not swept unjustifiably within the ambit of this Stipulated Protective
24 | Order.
25 Mass, indiscriminate, or routinized designations are prohibited. Designations
26 | that are shown to be clearly unjustified or that have been made for an improper
27 | purpose (e.g., to unnecessarily encumber the case development process or to
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1 | impose unnecessary expenses and burdens on other parties) may expose the
2 | Designating Party to sanctions.
3 6.2 Manner and Timing of Designations.
4 Except as otherwise provided in this Stipulated Protective Order (see, e.g.,
5 | Section 6.2(a)), or as otherwise stipulated or ordered, Disclosure or Discovery
6 | Material that qualifies for protection under this Stipulated Protective Order must be
7 | clearly so designated before the material is disclosed or produced.
8 Designation in conformity with this Stipulated Protective Order requires the
9 | following:
10 (a) For information in documentary form (e.g., paper or electronic
11 | documents, but excluding transcripts of depositions or other pretrial or trial
12 | proceedings), that the Producing Party affix at a minimum, the legend
13 | “CONFIDENTIAL” to each page that contains protected material. If only a portion
14 | or portions of the material on a page qualifies for protection, the Producing Party
15 | also must clearly identify the protected portion(s) (e.g., by making appropriate
16 | markings in the margins).
17 A Party or Nonparty that makes original documents available for inspection
18 | need not designate them for protection until after the inspecting Party has indicated
19 | which documents it would like copied and produced. During the inspection and
20 | before the designation, all of the material made available for inspection shall be
21 | deemed “CONFIDENTIAL.” After the inspecting Party has identified the
22 | documents it wants copied and produced, the Producing Party must determine
23 | which documents, or portions thereof, qualify for protection under this Stipulated
24 | Protective Order. Then, before producing the specified documents, the Producing
25 | Party must affix the legend “CONFIDENTIAL” to each page that contains
26 | Protected Material. If only a portion or portions of the material on a page qualifies
27 | for protection, the Producing Party also must clearly identify the protected
28 | portion(s) (e.g., by making appropriate markings in the margins).
1 (b) For testimony given in depositions, that the Designating Party
2 | identify the Disclosure or Discovery Material on the record, before the close of the
3 | deposition, all protected testimony.
4 (c) For information produced in nondocumentary form, and for any
5 | other tangible items, that the Producing Party affix in a prominent place on the
6 | exterior of the container or containers in which the information is stored the legend
7 | “CONFIDENTIAL.” If only a portion or portions of the information warrants
8 | protection, the Producing Party, to the extent practicable, shall identify the
9 | protected portion(s).
10 6.3 Inadvertent Failure to Designate.
11 If timely corrected, an inadvertent failure to designate qualified information
12 | or items does not, standing alone, waive the Designating Party’s right to secure
13 | protection under this Stipulated Protective Order for such material. Upon timely
14 | correction of a designation, the Receiving Party must make reasonable efforts to
15 | assure that the material is treated in accordance with the provisions of this
16 | Stipulated Protective Order,
17|Z. CHALLENGING CONFIDENTIALITY DESIGNATIONS
18 7.1 Timing of Challenges.
19 Any Party or Nonparty may challenge a designation of confidentiality at any
20 | time that is consistent with the Court’s Scheduling Order,
21 Z2 Meet and Confer.
22 The Challenging Party shall initiate the dispute resolution process, which
23 | shall comply with Local Rule 37.1 et seg., and with Section 4 of Judge Audero’s
24 | Procedures (“Mandatory Telephonic Conference for Discovery Disputes”’).'
25 7.3 Burden of Persuasion.
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1 The burden of persuasion in any such challenge proceeding shall be on the
2 | Designating Party. Frivolous challenges, and those made for an improper purpose
3 | (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
4 | expose the Challenging Party to sanctions. Unless the Designating Party has
5 | waived or withdrawn the confidentiality designation, all parties shall continue to
6 | afford the material in question the level of protection to which it is entitled under
7 | the Producing Party’s designation until the Court rules on the challenge.
8|8. ACCESS TO AND USE OF PROTECTED MATERIALS
9 8.1 Basic Principles.
10 A Receiving Party may use Protected Material that is disclosed or produced
11 | by another Party or by a Nonparty in connection with this Action only for
12 | prosecuting, defending, or attempting to settle this Action. Such Protected Material
13 | may be disclosed only to the categories of persons and under the conditions
14 | described in this Stipulated Protective Order. When the Action reaches a final
15 | disposition, a Receiving Party must comply with the provisions of Section 14
16 | below.
17 Protected Material must be stored and maintained by a Receiving Party at a
18 | location and in a secure manner that ensures that access is limited to the persons
19 | authorized under this Stipulated Protective Order,
20 8.2 Disclosure of “CONFIDENTIAL” Information or Items.
21 Unless otherwise ordered by the Court or permitted in writing by the
22 | Designating Party, a Receiving Party may disclose any information or item
23 | designated “CONFIDENTIAL” only to:
24 (a) The Receiving Party’s Outside Counsel of Record, as well as
25 | employees of said Outside Counsel of Record to whom it is reasonably necessary
26 | to disclose the information for this Action;
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1 (b) The officers, directors, and employees (including In-House
2 | Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
3 | this Action;
4 (c) Experts of the Receiving Party to whom disclosure is
5 | reasonably necessary for this Action and who have signed the “Acknowledgment
6 | and Agreement to Be Bound” (Exhibit A);
7 (d) The Court and its personnel;
8 (e) Court reporters and their staff;
9 (f) | Professional jury or trial consultants, mock jurors, and
10 | Professional Vendors to whom disclosure is reasonably necessary or this Action
11 | and who have signed the “Acknowledgment and Agreement to be Bound” (Exhibit
12 | A);
13 (g) The author or recipient of a document containing the
14 | information or a custodian or other person who otherwise possessed or knew the
15 | information;
16 (h) During their depositions, witnesses, and attorneys for witnesses,
17 | in the Action to whom disclosure is reasonably necessary provided: (1) the
18 | deposing party requests that the witness sign the “Acknowledgment and
19 | Agreement to Be Bound” (Exhibit A); and (i1) the witness will not be permitted to
20 | keep any confidential information unless they sign the “Acknowledgment and
21 | Agreement to Be Bound,” unless otherwise agreed by the Designating Party or
22 | ordered by the Court. Pages of transcribed deposition testimony or exhibits to
23 | depositions that reveal Protected Material may be separately bound by the court
24 | reporter and may not be disclosed to anyone except as permitted under this
25 | Stipulated Protective Order; and
26 (1) Any mediator or settlement officer, and their supporting
27 | personnel, mutually agreed upon by any of the parties engaged in settlement
28 | discussions.
Qn
1/9. PROTECTED MATERIAL SUBPOENAED OR ORDERED
2 PRODUCED 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
7 | notification shall include a copy of the subpoena or court order;
8 (b) Promptly notify in writing the party who caused the subpoena
9 | or order to issue in the other litigation that some or all of the material covered by
10 | the subpoena or order is subject to this Stipulated Protective Order. Such
11 | notification shall include a copy of this Stipulated Protective Order; and
12 (c) Cooperate with respect to all reasonable procedures sought to
13 | be pursued by the Designating Party whose Protected Material may be affected.
14 If the Designating Party timely seeks a protective order, the Party served
15 | with the subpoena or court order shall not produce any information designated in
16 | this action as “CONFIDENTIAL” before a determination by the Court from which
17 | the 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|}10. ANONPARTY’S PROTECTED MATERIAL SOUGHT TO BE
23 PRODUCED IN THIS LITIGATION
24 10.1 Application.
25 The terms of this Stipulated Protective Order are applicable to information
26 | produced by a Nonparty in this Action and designated as “CONFIDENTIAL.”
27 | Such information produced by Nonparties in connection with this litigation is
28 | protected by the remedies and relief provided by this Stipulated Protective Order,
Qn
1 | Nothing in these provisions should be construed as prohibiting a Nonparty from
2 | seeking additional protections.
3 10.2 Notification.
4 In the event that a Party is required, by a valid discovery request, to produce
5 | a Nonparty’s confidential information in its possession, and the Party is subject to
6 | an agreement with the Nonparty not to produce the Nonparty’s confidential
7 | information, then the Party shall:
8 (a) Promptly notify in writing the Requesting Party and the
9 | Nonparty that some or all of the information requested is subject to a
10 | confidentiality agreement with a Nonparty;
11 (b) Promptly provide the Nonparty 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 (c) Make the information requested available for inspection by the
15 | Nonparty, if requested.
16 10.3 Conditions of Production.
17 If the Nonparty fails to seek a protective order from this Court within
18 | fourteen (14) days after receiving the notice and accompanying information, the
19 | Receiving Party may produce the Nonparty’s confidential information responsive
20 | to the discovery request. If the Nonparty timely seeks a protective order, the
21 | Receiving Party shall not produce any information in its possession or control that
22 | is subject to the confidentiality agreement with the Nonparty before a
23 | determination by the Court. Absent a court order to the contrary, the Nonparty
24 | shall bear the burden and expense of seeking protection in this Court of its
25 | Protected Material.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
27 If a Receiving Party learns that, by inadvertence or otherwise, it has
28 | disclosed Protected Material to any person or in any circumstance not authorized
11
1 | under this Stipulated Protective Order, the Receiving Party immediately must (1)
2 | notify in writing the Designating Party of the unauthorized disclosures, (2) use its
3 | best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform
4 | the person or persons to whom unauthorized disclosures were made of all the terms
5 | of this Stipulated Protective Order, and (4) request such person or persons to
6 | execute the “Acknowledgment and Agreement to be Bound” (Exhibit A).
7|12. INADVERTENT PRODUCTION OF PRIVILEGED OR
8 OTHERWISE PROTECTED MATERIAL
9 When a Producing Party gives notice to Receiving Parties that certain
10 | inadvertently produced material is subject to a claim of privilege or other
11 | protection, the obligations of the Receiving Parties are those set forth in Federal
12 | Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
13 | whatever procedure may be established in an e-discovery order that provides for
14 | production without prior privilege review. Pursuant to Federal Rule of Evidence
15 | 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
16 | of a communication or information covered by the attorney-client privilege or
17 | work product protection, the parties may incorporate their agreement in the
18 | Stipulated Protective Order submitted to the Court.
19/13. MISCELLANEOUS
20 13.1 Right to Further Relief.
21 Nothing in this Stipulated Protective Order abridges the right of any person
22 | to seek its modification by the Court in the future.
23 13.2 Right to Assert Other Objections.
24 By stipulating to the entry of this Stipulated Protective Order, no Party
25 | waives any right it otherwise would have to object to disclosing or producing any
26 | information or item on any ground not addressed in this Stipulated Protective
27 | Order. Similarly, no Party waives any right to object on any ground to use in
28 | evidence of any of the material covered by this Stipulated Protective Order,
Dn
1 13.3 Filing Protected Material.
2 A Party that seeks to file under seal any Protected Material must comply
3 | with Local Rule 79-5. Protected Material may only be filed under seal pursuant to
4 | acourt order authorizing the sealing of the specific Protected Material at issue. If a
5 | Party's request to file Protected Material under seal is denied by the Court, then the
6 | Receiving Party may file the information in the public record unless otherwise
7 | instructed by the Court.
8/14. FINAL DISPOSITION
9 After the final disposition of this Action, within sixty (60) days of a written
10 | request by the Designating Party, each Receiving Party must return all Protected
11 | Material to the Producing Party or destroy such material. As used in this
12 | subdivision, “all Protected Material” includes all copies, abstracts, compilations,
13 | summaries, and any other format reproducing or capturing any of the Protected
14 | Material. Whether the Protected Material is returned or destroyed, the Receiving
15 | Party must submit a written certification to the Producing Party (and, if not the
16 | same person or entity, to the Designating Party) by the 60-day deadline that (1)
17 | identifies (by category, where appropriate) all the Protected Material that was
18 | returned or destroyed and (2) affirms that the Receiving Party has not retained any
19 | copies, abstracts, compilations, summaries or any other format reproducing or
20 | capturing any of the Protected Material. Notwithstanding this provision, Counsel is
21 | entitled to retain an archival copy of all pleadings; motion papers; trial, deposition,
22 | and hearing transcripts; legal memoranda; correspondence; deposition and trial
23 | exhibits; expert reports; attorney work product; and consultant and expert work
24 | product, even if such materials contain Protected Material. Any such archival
25 | copies that contain or constitute Protected Material remain subject to this
26 | Stipulated Protective Order as set forth in Section 5.
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VIOLATION
2 Any violation of this Stipulated Order may be punished by any and all
3 | appropriate measures including, without limitation, contempt proceedings and/or
4 | monetary sanctions.
5
6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
\DATED: March 1, 2023 MATTHEW M. HOESLY
g DHILLON LAW GROUP INC.
9 By: /s/ Matthew M. Hoesly
Matthew M. Hoesly (SBN. 289593)
10 Nitoy P. Singh (SBN: 265005)
Ronald D. Coleman (pro hac vice)
11 Attorneys for Plaintiff and Counterclaim
Defendant Briana Cash
12
13
14
DATED: March 1, 2023 MARC E. MAYER
15 MITCHELL SILBERBERG & KNUPP LLP
16 By: /s/ Marc E. Mayer
Marc E. Mayer (SBN 190969)
17 Attorneys for Defendants and
Counterclaimants UMG Recordings, Inc.
18 and Brianna Castro
19
20 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
21 ( W ui
22 | Dated: | March 2, 2023
73 Hon. Maria A. Audero
United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [full name], of
4 [address], declare under penalty of perjury that I
5 | have read in its entirety and understand the Stipulated Protective Order that was
6 | issued by the United States District Court for the Central District of California on
7 [date] in the case of Briana Cash v. Interscope Geffen
8 | 4 and M Records et al, 22-cv-01900-ODW-MAA (C.D. Cal. 2022). I agree to
9 | comply with and to be bound by all the terms of this Stipulated Protective Order,
10 | and I understand and acknowledge that failure to so comply could expose me to
11 | sanctions and punishment in the nature of contempt. I solemnly promise that I will
12 | not disclose in any manner any information or item that is subject to this Stipulated
13 | Protective Order to any person or entity except in strict compliance with the
14 | provisions of this Stipulated Protective Order.
15 I further agree to submit to the jurisdiction of the United States District
16 | Court for the Central District of California for the purpose of enforcing the terms
17 | of this Stipulated Protective Order, even if such enforcement proceedings occur
18 | after termination of this action. I hereby appoint
19 | [full name] of [address and telephone
20 | number] as my California agent for service of process in connection with this
21 | action or any proceedings related to enforcement of this Stipulated Protective
22 | Order.
23
Signature:
25 | Printed Name:
26 | Date:
27 | City and State Where Sworn and Signed:
28
1 Attestation Regarding Signatures
2 I, Marc E. Mayer, attest that all signatories listed, and on whose behalf the
3 | filing is submitted, concur in the filing’s content and have authorized the filing.
4
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6 | DATED: March 1, 2023 Is) Mare E. Maver
7 Marc E. Mayer
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YG