even 6 stipulated protective orders require good cause showing
How later courts described this case
- even 6 stipulated protective orders require good cause showing
Written by the judges who cited it.
The opinion
, || Nathan A. Perea, Esq. (State Bar No. 235791)
PEREA LAW, APC
* Temecula Parkway, Suite 314
3 || Temecula, CA 92592
Telephone: (951)303-6855
Facsimile: (951)303-6955
5 ||nperea@perealaw.com
¢ || Attorney for Plaintiff William Christopher Thompson
7 || Jeffrey M. Lenkov, Esq. (State Bar No. 156478)
@mann ingllp.com
8 me aS Esq. (State Bar No. 311617)
‘as(@manningllp.com
9 MANNING & KASS
i || ELLROD, RAMIREZ, TRESTER LLP
801 S. Pisvere St, 15" Floor
11 || Los Angeles, California 90017-3012
Telephone: eae 624-6900
12 || Facsimile: (213) 624-6999
13 |) Attorneys for Defendant, MARRIOTT HOTEL SERVICES, INC. dba JW Marriot
14 Desert Springs Resort & Spa
UNITED STATES DISTRICT COURT
16 FOR THE CENTRAL DISTRICT OF CALIFORNIA
|| WILLIAM CHRISTOPHER CASE NO.: 5:19-cv-00828-KK
THOMPSON, an individual; a istrate Judge Kenly Kiya
Plaintiff,
STIPULATION AND
46 VS. PROPOSED PROTECTIVE
ORDER
21
MARRIOTT HOTEL SERVICES,
INC., a Delaware Corporation NOTE CHANGES MADE BY COURT
nee in California, as JW
23 || MARRIOTT DESERT SPRINGS
RESPORT & SPA, and DOES 1-
24 || 100, Complaint Filed: 1/16/2019
Defendants. Removed: 5/3/2019
26
27
28
STIPULATION AND RROR@SEIKPROTECTIVE ORDER
1 COMES NOW Plaintiff WILLIAM CHRISTOPHER THOMPSON, by and
2 through his attorney of record, Nathan A. Perea, Esq., of PEREA LAW, APC, and
3 || Defendant MARRIOTT HOTEL SERVICES, INC., a Delaware Corporation doing
4 || business in California, as JW MARRIOTT DESERT SPRINGS RESPORT & SPA
5 || by and through its attorney of record, Derik Sarkesians, Esq., of Manning & Kass,
6 || Ellrod, Ramirez, Tester, LLP, and hereby stipulates and requests an order as
7 || follows:
8 1. PURPOSES AND LIMITATIONS
9 Discovery in this action is likely to involve production of confidential,
10 || proprietary or private information for which special protection from public
11 ||disclosure and from use for any purpose other than pursuing this litigation may be
12 warranted. Accordingly, the parties hereby stipulate to and petition the Court to
13 |}enter the following Stipulated Protective Order. The parties acknowledge that this
14 does not confer blanket protections on all disclosures or responses to
15 discovery and that the protection it affords from public disclosure and use extends
16 |}only to the limited information or items that are entitled to confidential treatment
17 the applicable legal principles.
18 2. GOOD CAUSE STATEMENT
19 Plaintiff is an organic farmer whose farm is certified organic through the
20 || department of agriculture. He also is a wine maker in Temecula with an award
21 || winning label. Plaintiff contends that due to the injuries he sustained to his back he
22 || was unable to plant a crop in October and had to wait until January/February whic
23 || caused him lost profits. He further contends that due to the injuries he was unable
24 ||to process grapes and oversee the processing of grapes at a substantial loss. The
25 || analysis of loss will require, or may require the disclosure of proprietary
26 ||information including pricing, profit margins, crop yields, and distribution method
27 || which, if available to the public, could cause economic detriment to Plaintiff.
28
STIPULATION AND 2&QROSEX PROTECTIVE ORDER
1 This action is likely to involve trade secrets, customer and pricing lists and
2 || other valuable research, development, commercial, financial, technical and/or
3 || proprietary information for which special protection from public disclosure and
4 || from use for any purpose other than prosecution of this action is warranted. Such
5 || confidential and proprietary materials and information consist of, among other
6 ||things, confidential business or financial information, information regarding
7 || confidential business practices, or other confidential research, development, or
8 ||commercial information (including information implicating privacy rights of third
9 || parties), information otherwise generally unavailable to the public, or which may
10 || be privileged or otherwise protected from disclosure under state or federal statutes,
11 rules, case decisions, or common law. Accordingly, to expedite the flow of
12 ||information, to facilitate the prompt resolution of disputes over confidentiality of
13 ||discovery materials, to adequately protect information the parties are entitled to
14 confidential, to ensure that the parties are permitted reasonable necessary use
15 ||of such material in preparation for and in the conduct of trial, to address their
16 || handling at the end of the litigation, and serve the ends of justice, a protective orde
17 || for such information is justified in this matter. It is the intent of the parties that
18 ||information will not be designated as confidential for tactical reasons and that
19 ||nothing be so designated without a good faith belief that it has been maintained in
20 confidential, non-public manner, and there is good cause why it should not be
21 || part of the public record of this case.
22 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
23 The parties further acknowledge, as set forth in Section 14.3, below, that this
24 || Stipulated Protective Order does not entitle them to file confidential information
25 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
26 the standards that will be applied when a party seeks permission from the court
27 ||to file material under seal. There is a strong presumption that the public has a right
28
STIPULATION AND BR@ROSED PROTECTIVE ORDER
Amended NAP STIP PROT ORDER 09 05 19
1 ||of access to judicial proceedings and records in civil cases. In connection with non
2 || dispositive motions, good cause must be shown to support a filing under seal. See
3 || Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
4 ||Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
5 || Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
6 stipulated protective orders require good cause showing), and a specific showing o
7 || good cause or compelling reasons with proper evidentiary support and legal
8 justification, must be made with respect to Protected Material that a party seeks to
9 || file under seal. The parties’ mere designation of Disclosure or Discovery Material
10 ||}as CONFIDENTIAL does not— without the submission of competent evidence by
11 declaration, establishing that the material sought to be filed under seal qualifies as
12 |}confidential, privileged, or otherwise protectable—constitute good cause.
13 Further, if a party requests sealing related to a dispositive motion or trial,
14 ||then compelling reasons, not only good cause, for the sealing must be shown, and
15 relief sought shall be narrowly tailored to serve the specific interest to be
16 ||protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9" Cir.
17 ||2010). For each item or type of information, document, or thing sought to be filed
18 |) or introduced under seal, the party seeking protection must articulate compelling
19 ||reasons, supported by specific facts and legal justification, for the requested
20 ||sealing order. Again, competent evidence supporting the application to file
21 |}documents under seal must be provided by declaration. Any document that is not
22 ||confidential, privileged, or otherwise protectable in its entirety will not be filed
23 seal if the confidential portions can be redacted. If documents can be
24 ||redacted, then a redacted version for public viewing, omitting only the
25 ||confidential, privileged, or otherwise protectable portions of the document, shall
26 || be filed. Any application that seeks to file documents under seal in their entirety
27 || should include an explanation of why redaction is not feasible.
28
STIPULATION AND BBQROSER PROTECTIVE ORDER
Amended NAP STIP PROT ORDER 09 05 19
1 4. DEFINITIONS
2 4.1 Action: This pending federal lawsuit and any related action.
3 4.2 Challenging Party: a Party or Non-Party that challenges the designation
4 ||of information or items under this Order.
5 4.3 “CONFIDENTIAL” Information or Items: information (regardless of
6 || how it is generated, stored or maintained) or tangible things that qualify for
7 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in
8 ||the Good Cause Statement.
9 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as thei
10 || support staff).
11 4.5 Designating Party: a Party or Non-Party that designates information or
12 that it produces in disclosures or in responses to discovery as
13 ||“CONFIDENTIAL.”
14 4.6 Disclosure or Discovery Material: all items or information, regardless of
15 ||the medium or manner in which it is generated, stored, or maintained (including,
16 ||among other things, testimony, transcripts, and tangible things), that are produced
17 ||or generated in disclosures or responses to discovery.
18 4.7 Expert: a person with specialized knowledge or experience in a matter
19 pertinent to the litigation who has been retained by a Party or its counsel to serve
20 ||as an expert witness or as a consultant in this Action.
21 4.8 House Counsel: attorneys who are employees of a party to this Action.
22 || House Counsel does not include Outside Counsel of Record or any other outside
23 |} counsel.
24 4.9 Non-Party: any natural person, partnership, corporation, association or
25 ||other legal entity not named as a Party to this action.
26 4.10 Outside Counsel of Record: attorneys who are not employees of a party
27 this Action but are retained to represent a party to this Action and have appeared
28
STIPULATION AND ®RQROSED PROTECTIVE ORDER
Amended NAP STIP PROT ORDER 09 05 19
1 |{in this Action on behalf of that party or are affiliated with a law firm that has
2 ||appeared on behalf of that party, and includes support staff.
3 4.11 Party: any party to this Action, including all of its officers, directors,
4 |)}employees, consultants, retained experts, and Outside Counsel of Record (and their
5 ||support staffs).
6 4.12 Producing Party: a Party or Non-Party that produces Disclosure or
7 || Discovery Material in this Action.
8 4.13 Professional Vendors: persons or entities that provide litigation support
9 || services (e.g., photocopying, videotaping, translating, preparing exhibits or
10 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
11 their employees and subcontractors.
12 4.14 Protected Material: any Disclosure or Discovery Material that is
13 ||designated as “CONFIDENTIAL" that relates or refers to Plaintiff's businesses as
14 described in Paragraph two (2) above.
15 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material
16 || from a Producing Party.
17 5. SCOPE
18 The protections conferred by this Stipulation and Order cover not only
19 || Protected Material (as defined above), but also (1) any information copied or
20 extracted from Protected Material; (2) all copies, excerpts, summaries, or
21 ||compilations of Protected Material; and (3) any testimony, conversations, or
22 presentations by Parties or their Counsel that might reveal Protected Material. Any
23 |/use of Protected Material at trial shall be governed by the orders of the trial judge
24 ||and other applicable authorities. This Order does not govern the use of Protected
25 || Material at trial.
26
27
28
STIPULATION AND RROBASED PROTECTIVE ORDER
Amended NAP STIP PROT ORDER 09 05 19
1 6. DURATION
2 Once a case proceeds to trial, information that was designated as
3 || CONFIDENTIAL or maintained pursuant to this protective order used or
4 ||introduced as an exhibit at trial becomes public and will be presumptively
5 ||available to all members of the public, including the press, unless compelling
6 ||reasons supported by specific factual findings to proceed otherwise are made to the
7 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
8 || (distinguishing “good cause” showing for sealing documents produced in
9 ||discovery from “compelling reasons” standard when merits-related documents are
10 || part of court record). Accordingly, the terms of this protective order do not extend
11 beyond the commencement of the trial.
12 7. DESIGNATING PROTECTED MATERIAL
13 7.1 Exercise of Restraint and Care in Designating Material for Protection.
14 || Each Party or Non-Party that designates information or items for protection under
15 ||this Order must take care to limit any such designation to specific material that
16 || qualifies under the appropriate standards.
17 The Designating Party must designate for protection only those parts of
18 ||material, documents, items or oral or written communications that qualify so that
19 |) other portions of the material, documents, items or communications for which
20 || protection is not warranted are not swept unjustifiably within the ambit of this
21 Order. Mass, indiscriminate or routinized designations are prohibited. Designations
22 ||that are shown to be clearly unjustified or that have been made for an improper
23 || purpose (e.g., to unnecessarily encumber the case development process or to
24 ||impose unnecessary expenses and burdens on other parties) may expose the
25 || Designating Party to sanctions. If it comes to a Designating Party’s attention that
26 ||information or items that it designated for protection do not qualify for protection,
27
28
STIPULATION AND 2RQGROSED PROTECTIVE ORDER
Amended NAP STIP PROT ORDER 08 08 19
1 || that Designating Party must promptly notify all other Parties that it is withdrawing
2 || the inapplicable designation.
3 7.2 Manner and Timing of Designations. Except as otherwise provided in
4 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material
5 ||that qualifies for protection under this Order must be clearly so designated before
6 ||the material is disclosed or produced. Designation in conformity with this Order
7 requires:
8 (a) for information in documentary form (e.g., paper or electronic
9 ||documents, but excluding transcripts of depositions or other pretrial or trial
10 || proceedings), that the Producing Party affix at a minimum, the legend
11 ||“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
12 ||contains protected material. If only a portion of the material on a page qualifies for
13 protection, the Producing Party also must clearly identify the protected portion(s)
14 ||(e.g., by making appropriate markings in the margins). A Party or Non-Party that
15 |;makes original documents available for inspection need not designate them for
16 protection until after the inspecting Party has indicated which documents it would
17 copied and produced. During the inspection and before the designation, all of
18 ||the material made available for inspection shall be deemed “CONFIDENTIAL.”
19 || After the inspecting Party has identified the documents it wants copied and
20 || produced, the Producing Party must determine which documents, or portions
21 thereof, qualify for protection under this Order. Then, before producing the
22 ||specified documents, the Producing Party must affix the “CONFIDENTIAL
23 || legend” to each page that contains Protected Material. If only a portion of the
24 material on a page qualifies for protection, the Producing Party also must clearly
25 ||identify the protected portion(s) (e.g., by making appropriate markings in the
26 margins).
28
STIPULATION AND ®&QROSHR PROTECTIVE ORDER
Amended NAP STIP PROT ORDER 09 05 19
l (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.
4 (c) for information produced in some form other than documentary and for
5 || any 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 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
11 || failure to designate qualified information or items does not, standing alone, waive
12 ||the Designating Party’s right to secure protection under this Order for such
13 material. Upon timely correction of a designation, the Receiving Party must make
14 ||reasonable efforts to assure that the material is treated in accordance with the
15 || provisions of this Order.
16 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
8.1. Timing of Challenges. Any Party or Non-Party may challenge a
18 || designation of confidentiality at any time that is consistent with the Court’s
19 |) Scheduling Order.
20 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
21 }/resolution process under Local Rule 37-1 et seq.
22 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
23 ||joint stipulation pursuant to Local Rule 37-2.
24 8.4 The burden of persuasion in any such challenge proceeding shall be on
25 Designating Party. Frivolous challenges, and those made for an improper
26 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other
27 || parties) may expose the Challenging Party to sanctions. Unless the Designating
28
STIPULATION AND BROBGSER PROTECTIVE ORDER
| has waived or withdrawn the confidentiality designation, all parties shall
2 ||continue to afford the material in question the level of protection to which it is
3 || entitled under the Producing Party’s designation until the Court rules on the
4 ||challenge.
5 9, ACCESS TO AND USE OF PROTECTED MATERIAL
6 9.1 Basic Principles. A Receiving Party may use Protected Material that is
7 || disclosed or produced by another Party or by a Non-Party in connection with this
g || Action only for prosecuting, defending or attempting to settle this Action. Such
9 ||Protected Material may be disclosed only to the categories of persons and under
10 ||the conditions described in this Order. When the Action has been terminated, a
11 Receiving Party must comply with the provisions of section 15 below (FINAL
12 || DISPOSITION).
13 Protected Material must be stored and maintained by a Receiving Party at a
14 location and in a secure manner that ensures that access is limited to the persons
15 authorized under this Order.
16 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
17 || otherwise ordered by the court or permitted in writing by the Designating Party, a
18 ||Receiving Party may disclose any information or item designated
19 ||“CONFIDENTIAL” only to:
20 (a) the Receiving Party’s Outside Counsel of Record in this
21 Action, as well as employees of said Outside Counsel of Record to whom it
22 ||is reasonably necessary to disclose the information for this Action;
23 (b) the officers, directors, and employees (including House Counsel) of the
24 ||Receiving Party to whom disclosure is reasonably necessary for this Action;
25 (c) Experts (as defined in this Order) of the Receiving Party to whom
26 disclosure is reasonably necessary for this Action and who have signed the
27 ||“Acknowledgment and Agreement to Be Bound” (Exhibit A) {FO BE
28 10
STIPULATION AND BRQROSER PROTECTIVE ORDER
1
2 || STIPULATION AND PROPOSED ORDER];
3 (d) the court and its personnel;
4 (e) court reporters and their staff;
5 (f) professional jury or trial consultants, mock jurors, and
6 Professional Vendors to whom disclosure is reasonably necessary for this
7 || Action and who have signed the “Acknowledgment and Agreement to Be Bound”
8 (Exhibit A);
9 (g) the author or recipient of a document containing the information or a
10 |}custodian or other person who otherwise possessed or knew the information;
11 (h) during their depositions, witnesses, and attorneys for witnesses, in the
12 || Action to whom disclosure is reasonably necessary provided: (1) the deposing
13 || party requests that the witness sign the form attached as Exhibit A hereto; and (2)
14 ||they will not be permitted to keep any confidential information unless they sign the
15 ||“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
16 ||agreed by the Designating Party or ordered by the court. Pages of transcribed
17 deposition testimony or exhibits to depositions that reveal Protected Material may
18 || be separately bound by the court reporter and may not be disclosed to anyone
19 ||except as permitted under this Stipulated Protective Order; and
20 (i) any mediators or settlement officers and their supporting personnel,
21 |;mutually agreed upon by any of the parties engaged in settlement discussions.
22 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
23 |} PRODUCED IN OTHER LITIGATION
24 If a Party is served with a subpoena or a court order issued in other litigation
25 ||that compels disclosure of any information or items designated in this Action as
26 ||““CONFIDENTIAL,” that Party must:
27
28
STIPULATION AND RROBBSEY PROTECTIVE ORDER
1 (a) promptly notify in writing the Designating Party. Such notification shall
2 ||include a copy of the subpoena or court order;
3 (b) promptly notify in writing the party who caused the subpoena or order to
4 ||issue in the other litigation that some or all of the material covered by the subpoen
5 ||or order is subject to this Protective Order. Such notification shall include a copy
6 ||of this Stipulated Protective Order; and
7 (c) cooperate with respect to all reasonable procedures sought to be pursued
8 || by the Designating Party whose Protected Material may be affected. If the
9 || Designating Party timely seeks a protective order, the Party served with the
10 ||subpoena or court order shall not produce any information designated in this action
11 “CONFIDENTIAL” before a determination by the court from which the
12 || subpoena or order issued, unless the Party has obtained the Designating Party’s
13 ||permission. The Designating Party shall bear the burden and expense of seeking
14 || protection in that court of its confidential material and nothing in these provisions
15 ||should be construed as authorizing or encouraging a Receiving Party in this Action
16 ||to disobey a lawful directive from another court.
17 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
18 || PRODUCED IN THIS LITIGATION
19 (a) The terms of this Order are applicable to information produced by a Non
20 || Party in this Action and designated as “CONFIDENTIAL.” Such information
21 || produced by Non-Parties in connection with this litigation is protected by the
22 ||remedies and relief provided by this Order. Nothing in these provisions should be
23 construed as prohibiting a Non-Party from seeking additional protections.
24 (b) In the event that a Party is required, by a valid discovery request, to
25 produce a Non-Party’s confidential information in its possession, and the Party is
26 subject to an agreement with the Non-Party not to produce the Non-Party’s
27 confidential information, then the Party shall:
28 12
STIPULATION AND BRQROSED PROTECTIVE ORDER
Amended NAP STIP PROT ORDER 09 05 19
1 (1) promptly notify in writing the Requesting Party and the Non- Party that
2 \|some or all of the information requested is subject to a confidentiality agreement
3 || with a Non-Party;
4 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
5 in this Action, the relevant discovery request(s), and a reasonably specific
6 description of the information requested; and (3) make the information requested
7 \|available for inspection by the Non-Party, if requested.
8 (c) If the Non-Party fails to seek a protective order from this court within 14
9 || days of receiving the notice and accompanying information, the Receiving Party
10 ||may produce the Non-Party’s confidential information responsive to the discovery
11 ||request. If the Non-Party timely seeks a protective order, the Receiving Party shall
12 ||not produce any information in its possession or control that is subject to the
13 ||confidentiality agreement with the Non-Party before a determination by the court.
14 || Absent a court order to the contrary, the Non-Party shall bear the burden and
15 ||expense of seeking protection in this court of its Protected Material.
16 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
17 If a Receiving Party learns that, by inadvertence or otherwise, it has
18 || disclosed Protected Material to any person or in any circumstance not authorized
19 under this Stipulated Protective Order, the Receiving Party must immediately (a)
20 ||notify in writing the Designating Party of the unauthorized disclosures, (b) use its
>1 || best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
22 ||the person or persons to whom unauthorized disclosures were made of all the term
93 |lof this Order, and (d) request such person or persons to execute the
24 ||“Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A.
25 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
26 ||, PROTECTED MATERIAL
27
28 13
STIPULATION AND PRORGSED PROTECTIVE ORDER
Amended NAP STIP PROT ORDER 09 05 19
1 When a Producing Party gives notice to Receiving Parties that certain
2 ||inadvertently produced material is subject to a claim of privilege or other
3 protection, the obligations of the Receiving Parties are those set forth in Federal
4 ||Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to modify
5 whatever procedure may be established in an e-discovery order that provides for
6 production without prior privilege review. Pursuant to Federal Rule of Evidence
7 ||502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
8 a communication or information covered by the attorney-client privilege or
9 || work product protection, the parties may incorporate their agreement in the
10 ||stipulated protective order submitted to the court.
11 14. MISCELLANEOUS
12 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
13 person to seek its modification by the Court in the future.
14 14.2 Right to Assert Other Objections. By stipulating to the entry of this
15 || Protective Order, no Party waives any right it otherwise would have to object to
16 disclosing or producing any information or item on any ground not addressed in
17 || this Stipulated Protective Order. Similarly, no Party waives any right to object on
18 || any ground to use in evidence of any of the material covered by this Protective
19 || Order.
20 14.3 Filing Protected Material. A Party that seeks to file under seal any
21 Protected Material must comply with Local Civil Rule 79-5. Protected Material
22 |)may only be filed under seal pursuant to a court order authorizing the sealing of th
23 || specific Protected Material. If a Party’s request to file Protected Material under
24 ||seal is denied by the court, then the Receiving Party may file the information in the
25 ||public record unless otherwise instructed by the court.
26
2]
28 14
STIPULATION AND PROPOSED PROTECTIVE ORDER
Amended NAP STIP PROT ORDER 09 05 19
1 15. FINAL DISPOSITION
2 After the final disposition of this Action, as defined in paragraph 6, within
3 ||60 days of a written request by the Designating Party, each Receiving Party must
4 |lreturn all Protected Material to the Producing Party or destroy such material. As
5 |lused in this subdivision, “all Protected Material” includes all copies, abstracts,
6 ||compilations, summaries, and any other format reproducing or capturing any of the
7 \|Protected Material. Whether the Protected Material is returned or destroyed, the
||Receiving Party must submit a written certification to the Producing Party (and, if
9 ||not the same person or entity, to the Designating Party) by the 60-day deadline that
10 ||(1) identifies (by category, where appropriate) all the Protected Material that was
11 ||returned or destroyed and (2) affirms that the Receiving Party has not retained any
12 copies, abstracts, compilations, summaries or any other format reproducing or
13 || capturing any of the Protected Material. Notwithstanding this provision, Counsel
14 || are entitled to retain an archival copy of all pleadings, motion papers, trial,
15 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition
16 ||and trial exhibits, expert reports, attorney work product, and consultant and expert
17 || work product, even if such materials contain Protected Material. Any such archival
18 || copies that contain or constitute Protected Material remain subject to this
19 || Protective Order as set forth in Section 6 (DURATION).
20 16. VIOLATION
21 Any violation of this Order may be punished by appropriate measures
22 ||including, without limitation, contempt proceedings and/or monetary sanctions.
23
24
25
26 || ///
27
15
STIPULATION AND®ROPOSED PROTECTIVE ORDER
Amended NAP STIP PROT ORDER 09 05 19
1 IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
DATED: September 3 ,2019 PEREA LAW, APC
: 210 3
4 By:
5 Nathan A. Perea, Esq., Attorney for
William Christopher Thompson
6
|| DATED: September [6 _],2019 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
8
° Za
By:
Jeffrey M. Lenkov, Esq.
1 Derik A. Sarkesians, Esq.
2 Attorneys for Defendant, MARRIOTT
HOTEL SERVICES, INC.
13
14
15
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
16
17 || DATED; _ September 11, 2019 WA
18 By: fs
19 KENLY KIYA KATO
20 United States Magistrate Judge
21
22
23
24
23
26
27
28 16
STIPULATION ANDBR@POSER PROTECTIVE ORDER
l EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY
3 PROTECTIVE ORDER
4 The undersigned acknowledges that he/she has read the Protective Order
5 || attached hereto, understands the terms thereof, and agrees to be bound by its
6 || terms. The undersigned understands that the terms of the Protective Order obligat
7 him/her to use documents designated CONFIDENTIAL in accordance with the
8 || Order, and not to disclose any such documents or information derived directly
9 || therefrom to any other person, firm or concern.
10 The undersigned acknowledges that violation of the Protective Order may
11 || result in penalties for contempt of court.
12 || Date:
13 Printed Name
14 a
15 Signature
16
Ly
18
19
20
21
22
23
24
25
26
27
17
STIPULATION AND 2RQROSED PROTECTIVE ORDER